88R22099 JES-F
 
  By: Dutton, Harless, Buckley, et al. H.B. No. 11
 
  Substitute the following for H.B. No. 11:
 
  By:  Buckley C.S.H.B. No. 11
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights and certification of public school
  educators, including financial and other assistance provided to
  public schools by the Texas Education Agency related to public
  school educators, methods of reading instruction in public schools,
  certain allotments providing for compensation for certain public
  school teachers under the Foundation School Program, and rules
  adopted by the State Board for Educator Certification.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 21, Education Code, is
  amended by adding Section 21.010 to read as follows:
         Sec. 21.010.  TEACHER POSITION DATA COLLECTION. The agency
  shall collect data from school districts and open-enrollment
  charter schools for the recruitment and retention of classroom
  teachers, including the classification, grade level, subject area,
  duration, and other relevant information regarding vacant teaching
  positions in a district or school. The data may be collected using
  the Public Education Information Management System (PEIMS) or
  another reporting mechanism specified by the agency.
         SECTION 2.  Section 21.041, Education Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  Before the board proposes a rule under this section or
  any other law, the board must use negotiated rulemaking procedures
  under Chapter 2008, Government Code. For a proposed rule the board
  shall determine if it is necessary to appoint to the negotiated
  rulemaking committee a person to represent the persons affected by
  the proposed rule.
         SECTION 3.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Section 21.0411 to read as follows:
         Sec. 21.0411.  WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
  CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
  Section 21.041(c), the board shall, for a person applying for a
  certification to teach established under this subchapter, waive:
               (1)  a certification examination fee imposed by the
  board for the first administration of the examination to the
  person; and
               (2)  a fee associated with the application for
  certification by the person.
         (b)  The board shall pay to a vendor that administers a
  certification examination required for certification to teach
  under this subchapter a fee assessed by that vendor for the
  examination of a person applying for a certification to teach
  established under this subchapter for the first administration of
  the examination to the person.
         SECTION 4.  Section 21.044, Education Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  An educator preparation program, including an educator
  preparation program offered by an institution of higher education,
  as defined by Section 61.003, may not include instruction that
  incorporates the method of three-cueing, as defined by Section
  28.0062(a-1), into foundational skills reading instruction.
         SECTION 5.  Section 21.105, Education Code, is amended by
  amending Subsection (c) and adding Subsection (g) to read as
  follows:
         (c)  Subject to Subsections (e), [and] (f), and (g), on
  written complaint by the employing district, the State Board for
  Educator Certification may impose sanctions against a teacher
  employed under a probationary contract who:
               (1)  resigns;
               (2)  fails without good cause to comply with Subsection
  (a) or (b); and
               (3)  fails to perform the contract.
         (g)  The State Board for Educator Certification may not
  impose a sanction under Subsection (c) against a teacher who
  relinquishes a position under a probationary contract and leaves
  the employment of the district after the 45th day before the first
  day of instruction for the upcoming school year in violation of
  Subsection (a) and without the consent of the board of trustees
  under Subsection (b), if the teacher's failure to comply with
  Subsection (a) was due to:
               (1)  the teacher, or a close family member of the
  teacher, developing a serious illness or experiencing a significant
  change in health condition;
               (2)  the teacher relocating because the teacher's
  spouse or a partner who resides with the teacher changes employers;
               (3)  the needs of the teacher's family changing
  significantly in a manner that requires the teacher to:
                     (A)  relocate; or
                     (B)  forgo employment during a period of required
  employment under the teacher's contract; or
               (4)  the teacher reasonably believing that the teacher
  received written permission from the school district to resign.
         SECTION 6.  Section 21.160, Education Code, is amended by
  amending Subsection (c) and adding Subsection (g) to read as
  follows:
         (c)  Subject to Subsections (e), [and] (f), and (g), on
  written complaint by the employing district, the State Board for
  Educator Certification may impose sanctions against a teacher who
  is employed under a continuing contract that obligates the district
  to employ the person for the following school year and who:
               (1)  resigns;
               (2)  fails without good cause to comply with Subsection
  (a) or (b); and
               (3)  fails to perform the contract.
         (g)  The State Board for Educator Certification may not
  impose a sanction under Subsection (c) against a teacher who
  relinquishes a position under a continuing contract and leaves the
  employment of the district after the 45th day before the first day
  of instruction of the upcoming school year in violation of
  Subsection (a) and without the consent of the board of trustees
  under Subsection (b), if the teacher's failure to comply with
  Subsection (a) was due to:
               (1)  the teacher, or a close family member of the
  teacher, developing a serious illness or experiencing a significant
  change in health condition;
               (2)  the teacher relocating because the teacher's
  spouse or a partner who resides with the teacher changes employers;
               (3)  the needs of the teacher's family changing
  significantly in a manner that requires the teacher to:
                     (A)  relocate; or
                     (B)  forgo employment during a period of required
  employment under the teacher's contract; or
               (4)  the teacher reasonably believing that the teacher
  received written permission from the school district to resign.
         SECTION 7.  Section 21.210, Education Code, is amended by
  amending Subsection (c) and adding Subsection (g) to read as
  follows:
         (c)  Subject to Subsections (e), [and] (f), and (g), on
  written complaint by the employing district, the State Board for
  Educator Certification may impose sanctions against a teacher who
  is employed under a term contract that obligates the district to
  employ the person for the following school year and who:
               (1)  resigns;
               (2)  fails without good cause to comply with Subsection
  (a) or (b); and
               (3)  fails to perform the contract.
         (g)  The State Board for Educator Certification may not
  impose a sanction under Subsection (c) against a teacher who
  relinquishes a position under a term contract and leaves the
  employment of the district after the 45th day before the first day
  of instruction of the upcoming school year in violation of
  Subsection (a) and without the consent of the board of trustees
  under Subsection (b), if the teacher's failure to comply with
  Subsection (a) was due to:
               (1)  the teacher, or a close family member of the
  teacher, developing a serious illness or experiencing a significant
  change in health condition;
               (2)  the teacher relocating because the teacher's
  spouse or a partner who resides with the teacher changes employers;
               (3)  the needs of the teacher's family changing
  significantly in a manner that requires the teacher to:
                     (A)  relocate; or
                     (B)  forgo employment during a period of required
  employment under the teacher's contract; or
               (4)  the teacher reasonably believing that the teacher
  received written permission from the school district to resign.
         SECTION 8.  Sections 21.3521(a), (c), and (e), Education
  Code, are amended to read as follows:
         (a)  Subject to Subsection (b), a school district or
  open-enrollment charter school may designate a classroom teacher as
  a master, exemplary, [or] recognized, or acknowledged teacher for a
  five-year period based on the results from single year or multiyear
  appraisals that comply with Section 21.351 or 21.352.
         (c)  Notwithstanding performance standards established
  under Subsection (b), a classroom teacher that holds a National
  Board Certification issued by the National Board for Professional
  Teaching Standards may be designated as nationally board certified
  [recognized].
         (e)  The agency shall develop and provide technical
  assistance for school districts and open-enrollment charter
  schools that request assistance in implementing a local optional
  teacher designation system, including:
               (1)  providing assistance in prioritizing high needs
  campuses;
               (2)  providing examples of local optional teacher
  designation systems;
               (3)  applying the performance and validity standards
  established by the commissioner under Subsection (b);
               (4)  providing centralized support for the analysis of
  the results of assessment instruments administered to district or
  school students; and
               (5)  facilitating effective communication on and
  promotion of local optional teacher designation systems.
         SECTION 9.  Subchapter H, Chapter 21, Education Code, is
  amended by adding Section 21.3522 to read as follows:
         Sec. 21.3522.  LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
  GRANT PROGRAM. (a)  From funds appropriated or otherwise available
  for the purpose, the agency shall establish and administer a grant
  program to provide money and technical assistance to:
               (1)  expand implementation of local optional teacher
  designation systems under Section 21.3521; and
               (2)  increase the number of classroom teachers eligible
  for a designation under that section.
         (b)  A grant awarded under this section must:
               (1)  meet the needs of individual school districts; and
               (2)  enable regional leadership capacity.
         (c)  The commissioner may adopt rules to establish and
  administer the grant program under this section.
         SECTION 10.  Subchapter I, Chapter 21, Education Code, is
  amended by adding Section 21.416 to read as follows:
         Sec. 21.416.  EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
  PROGRAM. (a)  From funds appropriated or otherwise available, the
  commissioner shall establish and administer a grant program to
  award funds to reimburse a school district or open-enrollment
  charter school that hires a teacher who retired before September 1,
  2022, for the increased contributions to the Teacher Retirement
  System of Texas associated with hiring the retired teacher.
         (b)  In appropriating money for grants awarded under this
  section, the legislature may provide for, modify, or limit amounts
  appropriated for that purpose in the General Appropriations Act,
  including by:
               (1)  providing, notwithstanding Subsection (a), a date
  or date range other than September 1, 2022, before which a teacher
  must have retired for a school district or open-enrollment charter
  school that hires the teacher to be eligible; or
               (2)  limiting eligibility to a school district or
  open-enrollment charter school that hires a retired teacher:
                     (A)  who holds a certain certification;
                     (B)  to teach a certain subject or grade;
                     (C)  in a certain geographical area; or
                     (D)  to provide instruction to certain students,
  including to students with disabilities.
         (c)  The commissioner shall proportionally reduce the amount
  of funds awarded to school districts and open-enrollment charter
  schools under this section if the number of grant applications by
  eligible districts or schools exceeds the number of grants the
  commissioner could award with the money appropriated or otherwise
  available for the purpose.
         (d)  A school district or open-enrollment charter school may
  use funds received under this section to make required payments
  under Section 825.4092, Government Code.
         SECTION 11.  Subchapter J, Chapter 21, Education Code, is
  amended by adding Sections 21.466 and 21.467 to read as follows:
         Sec. 21.466.  TEACHER QUALITY ASSISTANCE. (a) From funds
  appropriated or otherwise available for the purpose, the agency
  shall develop training for and provide technical assistance to
  school districts and open-enrollment charter schools regarding:
               (1)  strategic compensation, staffing, and scheduling
  efforts that improve professional growth, teacher leadership
  opportunities, and staff retention;
               (2)  programs that encourage high school students or
  other members of the community in the area served by the district to
  become teachers, including available teacher apprenticeship
  programs; and
               (3)  programs or strategies that school leaders may use
  to establish clear and attainable behavior expectations while
  proactively supporting students.
         (b)  From funds appropriated or otherwise available, the
  agency shall provide grants to school districts and open-enrollment
  charter schools to implement initiatives developed under this
  section.
         Sec. 21.467.  TEACHER TIME STUDY. (a) From funds
  appropriated or otherwise available for the purpose, the agency
  shall develop and maintain a technical assistance program to
  support school districts and open-enrollment charter schools in:
               (1)  studying how the district's or school's staff and
  student schedules, required noninstructional duties for classroom
  teachers, and professional development requirements for educators
  are affecting the amount of time classroom teachers work each week;
  and
               (2)  refining the schedules for students or staff as
  necessary to ensure teachers have sufficient time during normal
  work hours to fulfill all job duties, including addressing the
  needs of students.
         (b)  The agency shall periodically make findings and
  recommendations for best practices publicly available using
  information from participating school districts and
  open-enrollment charter schools.
         SECTION 12.  Chapter 21, Education Code, is amended by
  adding Subchapter R to read as follows:
  SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
         Sec. 21.901.  DEFINITIONS. In this subchapter:
               (1)  "Board" means the State Board for Educator
  Certification.
               (2)  "Cooperating teacher" means a classroom teacher
  who:
                     (A)  has at least three complete years of teaching
  experience with a superior record of assisting students, as a
  whole, in achieving improvement in student performance;
                     (B)  is employed by a school district or
  open-enrollment charter school participating in a partnership
  program under this subchapter and paired with a partnership
  resident at the district or school; and
                     (C)  provides coaching to a partnership resident
  in the teacher's classroom.
               (3)  "Partnership program" means a Texas Teacher
  Residency Partnership Program established at a school district or
  open-enrollment charter school in accordance with this subchapter.
               (4)  "Partnership resident" means a person enrolled in
  a qualified educator preparation program participating in a
  partnership program as a candidate for educator certification.
               (5)  "Qualified educator preparation program" means an
  educator preparation program approved in accordance with rules
  proposed under Section 21.903.
         Sec. 21.902.  ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
  The commissioner shall establish the Texas Teacher Residency
  Partnership Program to enable qualified educator preparation
  programs to form partnerships with school districts or
  open-enrollment charter schools to provide residency positions to
  partnership residents at the district or school.
         (b)  The partnership program must be designed to:
               (1)  allow partnership residents to receive
  field-based experience working with cooperating teachers in
  prekindergarten through grade 12 classrooms; and
               (2)  gradually increase the amount of time a
  partnership resident spends engaging in instructional
  responsibilities, including observation, co-teaching, and
  lead-teaching responsibilities.
         Sec. 21.903.  QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
  board shall propose rules specifying the requirements for board
  approval of an educator preparation program as a qualified educator
  preparation program for purposes of this subchapter.  The rules
  must require an educator preparation program to:
               (1)  use research-based best practices for recruiting
  and admitting candidates into the educator preparation program to
  participate in the partnership program;
               (2)  integrate curriculum, classroom practice, and
  formal observation and feedback;
               (3)  use multiple assessments to measure a partnership
  resident's progress in the partnership program; and
               (4)  partner with a school district or open-enrollment
  charter school.
         Sec. 21.904.  REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
  SCHOOLS. (a)  A school district or open-enrollment charter school
  participating in the partnership program shall:
               (1)  enter into a written agreement with a qualified
  educator preparation program to:
                     (A)  provide a partnership resident with at least
  one school year of clinical teaching in a residency position at the
  district or school in the subject area and grade level for which the
  resident seeks certification; and
                     (B)  pair the partnership resident with a
  cooperating teacher;
               (2)  only use money received under Section 48.157 to:
                     (A)  implement the partnership program;
                     (B)  provide compensation to:
                           (i)  partnership residents in residency
  positions at the district or school; and
                           (ii)  cooperating teachers who are paired
  with partnership residents at the district or school; and
                     (C)  provide funding to the qualified educator
  preparation program with which the district or school partners
  under Section 48.157(f);
               (3)  pay at least 50 percent of the compensation paid to
  partnership residents using money other than money received under
  Section 48.157; and
               (4)  provide any information required by the agency
  regarding the district's or school's implementation of the program.
         (b)  A school district or open-enrollment charter school may
  only pair a partnership resident with a cooperating teacher who
  agrees to participate in that role in a partnership program at the
  district or school partnership program.
         (c)  A partnership resident may not serve as a teacher of
  record, as that term is defined by Section 21.051.
         Sec. 21.905.  RESIDENCY EDUCATOR CERTIFICATE. The board
  shall propose rules specifying the requirements for the issuance of
  a residency educator certificate to a candidate who has
  successfully completed a qualified educator preparation program
  under Section 21.903.  The rules may not require the resident to
  pass a pedagogy examination unless the examination tests
  subject-specific content appropriate for the grade and subject area
  for which the candidate seeks certification.
         Sec. 21.906.  AGENCY SUPPORT. The agency shall provide
  technical assistance, planning, and support to school districts,
  open-enrollment charter schools, and qualified educator
  preparation programs, which must include:
               (1)  providing model forms and agreements a district,
  school, or educator preparation program may use to comply with the
  requirements of this subchapter; and
               (2)  support for district and school strategic staffing
  and compensation models to incentivize participation in a
  partnership program.
         Sec. 21.907.  AUTHORITY TO ACCEPT CERTAIN FUNDS. The
  commissioner may solicit and accept gifts, grants, and donations
  from public and private entities to use for the purposes of this
  subchapter.
         Sec. 21.908.  RULES; NEGOTIATED RULEMAKING COMMITTEE. (a)
  The board shall propose rules necessary to implement this
  subchapter, including, subject to Subsection (b), rules under
  Sections 21.903 and 21.905.
         (b)  In using negotiated rulemaking procedures under Chapter
  2008, Government Code, for any proposed rule related to the
  implementation of Section 21.903 or 21.905 as required by Section
  21.041(e), the board must appoint to the negotiated rulemaking
  committee persons representing institutions of higher education,
  as defined by Section 61.003.
         (c)  The commissioner shall adopt rules as necessary to
  implement this subchapter after considering the recommendations of
  the negotiated rulemaking committee appointed under Subsection
  (b).
         SECTION 13.  Section 28.0062, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  In this subsection, "three-cueing" means any model,
  including the model referred to as meaning, structure, and visual
  cues (MSV), of teaching a student to read based on meaning,
  structure and syntax, and visual cues or memory. A school district
  or open-enrollment charter school may not include any instruction
  that incorporates three-cueing in the foundational skills reading
  curriculum for kindergarten through third grade.
         SECTION 14.  Section 29.153(b), Education Code, is amended
  to read as follows:
         (b)  A child is eligible for enrollment in a prekindergarten
  class under this section if the child is at least three years of age
  and:
               (1)  is unable to speak and comprehend the English
  language;
               (2)  is educationally disadvantaged;
               (3)  is homeless, regardless of the residence of the
  child, of either parent of the child, or of the child's guardian or
  other person having lawful control of the child;
               (4)  is the child of an active duty member of the armed
  forces of the United States, including the state military forces or
  a reserve component of the armed forces, who is ordered to active
  duty by proper authority;
               (5)  is the child of a member of the armed forces of the
  United States, including the state military forces or a reserve
  component of the armed forces, who was injured or killed while
  serving on active duty;
               (6)  is or ever has been in:
                     (A)  the conservatorship of the Department of
  Family and Protective Services following an adversary hearing held
  as provided by Section 262.201, Family Code; or
                     (B)  foster care in another state or territory, if
  the child resides in this state; [or]
               (7)  is the child of a person eligible for the Star of
  Texas Award as:
                     (A)  a peace officer under Section 3106.002,
  Government Code;
                     (B)  a firefighter under Section 3106.003,
  Government Code; or
                     (C)  an emergency medical first responder under
  Section 3106.004, Government Code; or
               (8)  is the child of a person employed as a classroom
  teacher at a public primary or secondary school in the school
  district that offers a prekindergarten class under this section.
         SECTION 15.  Sections 48.112(c) and (d), Education Code, are
  amended to read as follows:
         (c)  For each classroom teacher with a teacher designation
  under Section 21.3521 employed by a school district, the school
  district is entitled to an allotment equal to the following
  applicable base amount increased by the high needs and rural factor
  as determined under Subsection (d):
               (1)  $12,000, or an increased amount not to exceed
  $36,000 [$32,000] as determined under Subsection (d), for each
  master teacher;
               (2)  $9,000 [$6,000], or an increased amount not to
  exceed $25,000 [$18,000] as determined under Subsection (d), for
  each exemplary teacher; [and]
               (3)  $5,000 [$3,000], or an increased amount not to
  exceed $15,000 [$9,000] as determined under Subsection (d), for
  each recognized teacher; and
               (4)  $3,000, or an increased amount not to exceed
  $9,000 as determined under Subsection (d), for each:
                     (A)  acknowledged teacher; or
                     (B)  teacher designated as nationally board
  certified.
         (d)  The high needs and rural factor is determined by
  multiplying the following applicable amounts by the average of the
  point value assigned to each student at a district campus under
  Subsection (e):
               (1)  $6,000 [$5,000] for each master teacher;
               (2)  $4,000 [$3,000] for each exemplary teacher; [and]
               (3)  $2,500 [$1,500] for each recognized teacher; and
               (4)  $1,500 for each:
                     (A)  acknowledged teacher; or
                     (B)  teacher designated as nationally board
  certified.
         SECTION 16.  Section 48.114, Education Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  A school district [that has implemented a mentoring
  program for classroom teachers who have less than two years of
  teaching experience under Section 21.458] is entitled to an
  allotment [as determined under Subsection (b)] to fund a [the]
  mentoring program and to provide stipends for mentor teachers if:
               (1)  the district has implemented a mentoring program
  for classroom teachers under Section 21.458; and
               (2)  the mentor teachers assigned under that program
  complete a training program that is required or developed by the
  agency for mentor teachers.
         (d)  A school district is entitled to an allotment of $2,000
  for each classroom teacher with less than two years of experience
  who participates in a mentoring program described by Subsection
  (a). A district may receive an allotment under this section for no
  more than 40 teachers during a school year unless an appropriation
  is made for the purposes of providing a greater number of allotments
  per district.
         SECTION 17.  Subchapter D, Chapter 48, Education Code, is
  amended by adding Section 48.157 to read as follows:
         Sec. 48.157.  RESIDENCY PARTNERSHIP ALLOTMENT. (a)  In this
  section:
               (1)  "Partnership program" and "partnership resident"
  have the meanings assigned by Section 21.901.
               (2)  "Rural campus" has the meaning assigned by Section
  48.112.
         (b)  For each partnership resident employed at a school
  district in a residency position under Subchapter R, Chapter 21,
  the district is entitled to an allotment equal to a base amount of
  $22,000 increased by the high needs and rural factor, as determined
  under Subsection (c), to an amount not to exceed $42,000.
         (c)  The high needs and rural factor is determined by
  multiplying $5,000 by the lesser of:
               (1)  the average of the point value assigned to each
  student at a district campus under Sections 48.112(e) and (f); or
               (2)  4.0.
         (d)  In addition to the funding under Subsection (b), a
  district that qualifies for an allotment under this section is
  entitled to an additional $2,000 for each partnership resident
  employed in a residency position at the district who is a candidate
  for special education or bilingual education certification.
         (e)  The Texas School for the Deaf and the Texas School for
  the Blind and Visually Impaired are entitled to an allotment under
  this section.  If the commissioner determines that assigning point
  values under Subsection (c) to students enrolled in the Texas
  School for the Deaf or the Texas School for the Blind and Visually
  Impaired is impractical, the commissioner may use the average point
  value assigned for those students' home districts for purposes of
  calculating the high needs and rural factor.
         (f)  In addition to the allotment provided to school
  districts under Subsection (b) and from funds appropriated or
  otherwise made available, the agency shall provide 10 percent of
  the amount of funds allocated for a partnership resident to the
  resident's partnership educator preparation program to support
  operating costs of the residency program.
         SECTION 18.  The following provisions are repealed:
               (1)  Section 21.042, Education Code;
               (2)  Section 48.114(b), Education Code;
               (3)  Subchapter Q, Chapter 21, Education Code; and
               (4)  Section 825.4092(f), Government Code, as added by
  Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
  Session, 2021.
         SECTION 19.  Immediately following the effective date of
  this Act, a school district or open-enrollment charter school shall
  redesignate a teacher who holds a designation made under Section
  21.3521, Education Code, before the effective date of this Act, to
  reflect the teacher's designation under Section 21.3521, Education
  Code, as amended by this Act. Funding provided to a school district
  under Section 48.112, Education Code, for a teacher who held a
  designation made under Section 21.3521, Education Code, as that
  section existed immediately before the effective date of this Act,
  shall be increased to reflect the teacher's redesignation under
  Section 21.3521, Education Code, as amended by this Act.
         SECTION 20.  Notwithstanding Section 21.903, Education
  Code, as added by this Act, until the State Board for Educator
  Certification adopts rules specifying the requirements for
  approval of an educator preparation program as a qualified educator
  preparation program as required by that section, the commissioner
  of education may approve a program as a qualified educator
  preparation program for purposes of Subchapter R, Chapter 21,
  Education Code, as added by this Act, if the commissioner
  determines that the program meets the requirements under Section
  21.903, Education Code, as added by this Act. An educator
  preparation program's designation as a qualified educator
  preparation program by the commissioner under this section remains
  effective until the first anniversary of the adoption of rules by
  the State Board for Educator Certification under Section 21.903,
  Education Code, as added by this Act.
         SECTION 21.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect immediately if this Act
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, the entirety of this Act takes effect September 1, 2023.
         (b)  Sections 48.112(c) and (d) and 48.114, Education Code,
  as amended by this Act, and Section 48.157, Education Code, as added
  by this Act, take effect September 1, 2023.