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A BILL TO BE ENTITLED
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AN ACT
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relating to approval by the commissioner of education of certain |
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contracts entered into by a school district during the pendency of |
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certain special investigations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 39, Education Code, is |
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amended by adding Section 39.0041 to read as follows: |
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Sec. 39.0041. COMMISSIONER APPROVAL OF CERTAIN SCHOOL |
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DISTRICT CONTRACTS DURING PENDENCY OF CERTAIN SPECIAL |
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INVESTIGATIONS. (a) In this section, "severance payment" means any |
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amount paid by a school district to or in behalf of a district |
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employee on early termination of the employee's employment contract |
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that exceeds the amount earned by the employee under the contract as |
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of the date of termination, including any amount that exceeds the |
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amount of earned standard salary and benefits, that is paid as a |
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condition of early termination of the contract. |
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(b) This section applies to a special investigation |
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conducted under Section 39.003(a)(3), (6), or (17) in response to: |
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(1) a complaint, allegation, or suspicion of financial |
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or operational impropriety at a school district; or |
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(2) the violation of procurement policies by a member |
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of the board of trustees of a school district or a district |
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administrator. |
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(c) Notwithstanding Subchapter D, Chapter 11, or any other |
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law, during the period beginning on the date on which the |
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commissioner authorizes a special investigation to which this |
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section applies and continuing through the date on which the |
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investigation is concluded or, if applicable, the date on which an |
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appeal under this subchapter or Section 39A.301 relating to the |
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investigation is concluded, the board of trustees of the school |
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district that is the subject of the special investigation shall, |
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before entering into a contract or amending a contract, submit the |
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contract or contract amendment to the commissioner for approval if |
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the contract or amendment: |
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(1) will bind the district for more than one calendar |
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year; or |
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(2) entitles an employee of the district to a |
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severance payment. |
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(d) A court may not enjoin a requirement under this section |
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before the conclusion of a special investigation to which this |
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section applies or, if applicable, the conclusion of an appeal |
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under this subchapter or Section 39A.301 relating to the |
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investigation. |
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(e) If the commissioner makes a determination to appoint a |
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monitor, conservator, management team, or board of managers to a |
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school district as a result of a special investigation to which this |
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section applies, the commissioner may require the district to |
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submit a contract or contract amendment for approval as described |
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by Subsection (c) until the date of the appointment. |
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(f) Notwithstanding any other law, each contract or |
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contract amendment that is entered into by a school district during |
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the period described by Subsection (c) must include a provision |
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stating that the contract or amendment is voidable. |
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(g) A contract or contract amendment that is entered into by |
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a school district in violation of this section is void. |
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SECTION 2. The changes in law made by this Act apply only to |
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a contract or contract amendment entered into on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |