Texas 2009 - 81st Regular

Texas House Bill HB1235 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3946 CAS-D
2	2	By: Menendez H.B. No. 1235
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing the Legislative Education Board and
8	8	transferring to the Legislative Education Board the statutorily
9	9	assigned functions and activities of the State Board of Education
10	10	and certain functions of the Legislative Budget Board.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 7, Education Code, is amended by adding
13	13	Subchapter E to read as follows:
14	14	SUBCHAPTER E. LEGISLATIVE EDUCATION BOARD
15	15	Sec. 7.151. COMPOSITION. (a) The Legislative Education
16	16	Board is composed of 12 members as follows:
17	17	(1) the lieutenant governor;
18	18	(2) the speaker of the house of representatives;
19	19	(3) five members of the senate, appointed by the
20	20	lieutenant governor; and
21	21	(4) five members of the house, appointed by the
22	22	speaker.
23	23	(b) The lieutenant governor and the speaker are joint chairs
24	24	of the board.
25	25	Sec. 7.152. LEGISLATIVE EDUCATION BOARD POWERS AND DUTIES.
26	26	(a) The Legislative Education Board may perform only those duties
27	27	relating to school districts, open-enrollment charter schools, or
28	28	regional education service centers assigned to the board by this
29	29	subchapter or another provision of this code.
30	30	(b) The Legislative Education Board shall carry out the
31	31	board's powers and duties with the advice and assistance of the
32	32	commissioner.
33	33	(c) The Legislative Education Board may adopt rules
34	34	relating to school districts, open-enrollment charter schools, or
35	35	regional education service centers only as required to carry out
36	36	the specific duties assigned to the board by this subchapter or
37	37	another provision of this code.
38	38	(d) Except as otherwise provided by this subsection, a rule
39	39	adopted by the Legislative Education Board under this section does
40	40	not take effect until the beginning of the school year that begins
41	41	at least 90 days after the date the rule was adopted. The rule takes
42	42	effect earlier if the rule's preamble specifies an earlier
43	43	effective date and the reason for that earlier date and:
44	44	(1) the earlier effective date is a requirement of:
45	45	(A) a federal law; or
46	46	(B) a state law that specifically refers to this
47	47	section and expressly requires the adoption of an earlier effective
48	48	date; or
49	49	(2) on the affirmative vote of two-thirds of the
50	50	members of the board, the board makes a finding that an earlier
51	51	effective date is necessary.
52	52	Sec. 7.153. MEETINGS. (a) The Legislative Education Board
53	53	shall hold four meetings a year in Austin, Texas, on dates
54	54	determined by the chairs and may hold other meetings as may be
55	55	called by the chairs.
56	56	(b) At the Legislative Education Board's first regular
57	57	meeting after the appointment and qualification of new members, the
58	58	board shall organize, adopt rules of procedure, and elect by
59	59	separate votes a vice chair and a secretary.
60	60	Sec. 7.154. PUBLIC TESTIMONY. The Legislative Education
61	61	Board shall develop and implement policies that provide the public
62	62	with a reasonable opportunity to appear before the board and to
63	63	speak on any issue under the jurisdiction of the board.
64	64	SECTION 2. Sections 7.003 and 7.005, Education Code, are
65	65	amended to read as follows:
66	66	Sec. 7.003. LIMITATION ON AUTHORITY. An educational
67	67	function not specifically delegated to the agency or the
68	68	Legislative Education Board [board] under this code or to the State
69	69	Board of Education by the constitution of this state is reserved to
70	70	and shall be performed by school districts or open-enrollment
71	71	charter schools.
72	72	Sec. 7.005. COOPERATION BETWEEN STATE AGENCIES OF
73	73	EDUCATION. The Legislative Education [State] Board [of Education]
74	74	and the Texas Higher Education Coordinating Board, in conjunction
75	75	with other appropriate agencies, shall ensure that long-range plans
76	76	and educational programs established by each board provide a
77	77	comprehensive education for the students of this state under the
78	78	jurisdiction of that board, extending from early childhood
79	79	education through postgraduate study. In assuring that programs
80	80	are coordinated, the boards shall use the P-16 Council established
81	81	under Section 61.076.
82	82	SECTION 3. Sections 7.009(a) and (b), Education Code, are
83	83	amended to read as follows:
84	84	(a) In coordination with the Legislative Education [Budget]
85	85	Board, the agency shall establish an online clearinghouse of
86	86	information relating to best practices of campuses and school
87	87	districts regarding instruction, dropout prevention, public school
88	88	finance, resource allocation, and business practices. To the
89	89	extent practicable, the agency shall ensure that information
90	90	provided through the online clearinghouse is specific, actionable
91	91	information relating to the best practices of high-performing and
92	92	highly efficient campuses and school districts rather than general
93	93	guidelines relating to campus and school district operation. The
94	94	information must be accessible by campuses, school districts, and
95	95	interested members of the public.
96	96	(b) The agency shall solicit and collect from the
97	97	Legislative Education [Budget] Board, centers for education
98	98	research established under Section 1.005, and exemplary or
99	99	recognized school districts, campuses, and open-enrollment charter
100	100	schools, as rated under Section 39.072, examples of best practices
101	101	relating to instruction, dropout prevention, public school
102	102	finance, resource allocation, and business practices, including
103	103	best practices relating to curriculum, scope and sequence,
104	104	compensation and incentive systems, bilingual education and
105	105	special language programs, compensatory education programs, and
106	106	the effective use of instructional technology, including online
107	107	courses.
108	108	SECTION 4. Section 7.021(c), Education Code, is amended to
109	109	read as follows:
110	110	(c) The agency may enter into an agreement with a federal
111	111	agency concerning a project related to education, including the
112	112	provision of school lunches and the construction of school
113	113	buildings. Not later than the 30th day before the date the agency
114	114	enters into an agreement under this subsection concerning a new
115	115	project or reauthorizing a project, the agency must provide written
116	116	notice, including a description of the project, to:
117	117	(1) the governor;
118	118	(2) the Legislative Education [Budget] Board; and
119	119	(3) the presiding officers of the standing committees
120	120	of the senate and of the house of representatives with primary
121	121	jurisdiction over the agency.
122	122	SECTION 5. Sections 7.055(b)(2), (3), (9), (24), and (36),
123	123	Education Code, are amended to read as follows:
124	124	(2) The commissioner shall serve as executive officer
125	125	of the agency and as executive secretary of the Legislative
126	126	Education Board and the State Board of Education [board].
127	127	(3) The commissioner shall carry out [the] duties that
128	128	are imposed on the commissioner by the Legislative Education Board
129	129	[board] or by law or that are necessary to assist the State Board of
130	130	Education in implementing the board's duties under the constitution
131	131	of this state [the legislature].
132	132	(9) The commissioner shall have a manual published at
133	133	least once every two years that contains Title 1 and this title, any
134	134	other provisions of this code relating specifically to public
135	135	primary or secondary education, and an appendix of all other state
136	136	laws relating to public primary or secondary education and shall
137	137	provide for the distribution of the manual as determined by the
138	138	Legislative Education Board [board].
139	139	(24) The commissioner, with the approval of the
140	140	Legislative Education Board [board], shall develop and implement a
141	141	plan for the coordination of services to children with disabilities
142	142	as required under Section 30.001.
143	143	(36) The commissioner shall establish advisory
144	144	guidelines relating to the fiscal management of a school district
145	145	and report annually to the Legislative Education Board [board] on
146	146	the status of school district fiscal management as required under
147	147	Section 44.001.
148	148	SECTION 6. Section 7.055(c), Education Code, is amended to
149	149	read as follows:
150	150	(c) The budget the commissioner adopts under Subsection (b)
151	151	for operating the Foundation School Program must be in accordance
152	152	with legislative appropriations and provide funds for the
153	153	administration and operation of the agency and any other necessary
154	154	expense. The budget must designate any expense of operating the
155	155	agency, [or] operating a program for which the Legislative
156	156	Education Board [board] has responsibility, or carrying out a
157	157	function or activity for which the State Board of Education has
158	158	responsibility under the constitution of this state if the expense
159	159	[that] is paid from the Foundation School Program. The budget must
160	160	designate [program] expenses that may be paid out of the foundation
161	161	school fund, other state funds, fees, federal funds, or funds
162	162	earned under interagency contract. Before adopting the budget, the
163	163	commissioner must submit the budget to the Legislative Education
164	164	Board [board] for review and, after receiving any comments of the
165	165	Legislative Education Board [board], present the operating budget
166	166	to the governor and the Legislative Budget Board. The commissioner
167	167	shall provide appropriate information on proposed budget
168	168	expenditures to the comptroller to assure that all payments are
169	169	paid from the appropriate funds in a timely and efficient manner.
170	170	SECTION 7. Sections 7.056(a) and (g), Education Code, are
171	171	amended to read as follows:
172	172	(a) Except as provided by Subsection (e), a school campus or
173	173	district may apply to the commissioner for a waiver of a
174	174	requirement, restriction, or prohibition imposed by this code or
175	175	rule of the Legislative Education Board [board] or commissioner.
176	176	(g) In a manner consistent with waiver authority granted to
177	177	the commissioner by the United States Department of Education, the
178	178	commissioner may grant a waiver of a state law or rule required by
179	179	federal law, including Subchapter A, B, or C, Chapter 29. Before
180	180	exercising any waiver authority under this subsection, the
181	181	commissioner shall notify the Legislative Education [Budget] Board
182	182	and the office of budget and planning in the governor's office.
183	183	SECTION 8. Subchapter D, Chapter 7, Education Code, is
184	184	amended by adding Section 7.1011 to read as follows:
185	185	Sec. 7.1011. DEFINITION. In this subchapter, "board" means
186	186	the State Board of Education.
187	187	SECTION 9. Sections 7.102(a) and (d), Education Code, are
188	188	amended to read as follows:
189	189	(a) The board may perform, as provided by this code, only
190	190	those duties [relating to school districts or regional education
191	191	service centers] assigned to the board by the constitution of this
192	192	state [or by this subchapter or another provision of this code].
193	193	(d) The board may adopt rules [relating to school districts
194	194	or regional education service centers] only as required to carry
195	195	out the specific duties assigned to the board by the constitution
196	196	[or under Subsection (c)].
197	197	SECTION 10. Sections 7.108(a) and (c), Education Code, are
198	198	amended to read as follows:
199	199	(a) A person interested in selling bonds of any type [or a
200	200	person engaged in manufacturing, shipping, selling, or advertising
201	201	textbooks or otherwise connected with the textbook business]
202	202	commits an offense if the person makes or authorizes a political
203	203	contribution to or takes part in, directly or indirectly, the
204	204	campaign of any person seeking election to or serving on the board.
205	205	(c) In this section, "political[:
206	206	[(1) "Political] contribution" has the meaning
207	207	assigned by Section 251.001, Election Code.
208	208	[(2) "Textbook" has the meaning assigned by Section
209	209	31.002.]
210	210	SECTION 11. Section 7.109, Education Code, is transferred
211	211	to Subchapter E, Chapter 7, Education Code, as added by this Act, is
212	212	renumbered as Section 7.155, Education Code, and is amended to read
213	213	as follows:
214	214	Sec. 7.155 [7.109]. DESIGNATION AS STATE BOARD FOR CAREER
215	215	AND TECHNOLOGY EDUCATION. (a) The Legislative Education Board
216	216	[board] is also the State Board for Career and Technology
217	217	Education.
218	218	(b) The commissioner is the executive officer through whom
219	219	the State Board for Career and Technology Education shall carry out
220	220	its policies and enforce its rules.
221	221	(c) The State Board for Career and Technology Education may
222	222	contract with the Texas Higher Education Coordinating Board or any
223	223	other state agency to assume the leadership role and administrative
224	224	responsibility of the State Board for Career and Technology
225	225	Education for state level administration of technical-vocational
226	226	education programs in public community colleges, public technical
227	227	institutes, and other eligible public postsecondary institutions
228	228	in this state.
229	229	(d) The State Board for Career and Technology Education may
230	230	allocate funds appropriated to the board by the legislature or
231	231	federal funds received by the board under the Carl D. Perkins Career
232	232	and Technical [Vocational] Education Act of 2006 (20 U.S.C. Section
233	233	2301 et seq.) or other federal law to an institution or program
234	234	approved by the Legislative Education [State] Board [of Education],
235	235	the Texas Higher Education Coordinating Board, or another state
236	236	agency specified by law.
237	237	SECTION 12. Section 7.111, Education Code, is transferred
238	238	to Subchapter E, Chapter 7, Education Code, as added by this Act, is
239	239	renumbered as Section 7.156, Education Code, and is amended to read
240	240	as follows:
241	241	Sec. 7.156 [7.111]. HIGH SCHOOL EQUIVALENCY EXAMINATIONS.
242	242	(a) The Legislative Education Board [board] shall provide for the
243	243	administration of high school equivalency examinations, including
244	244	administration by the adjutant general's department for students
245	245	described by Subdivision (2)(C). A person who does not have a high
246	246	school diploma may take the examination in accordance with rules
247	247	adopted by the board if the person is:
248	248	(1) over 17 years of age;
249	249	(2) 16 years of age or older and:
250	250	(A) is enrolled in a Job Corps training program
251	251	under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
252	252	et seq.)[, and its subsequent amendment];
253	253	(B) a public agency providing supervision of the
254	254	person or having custody of the person under a court order
255	255	recommends that the person take the examination; or
256	256	(C) is enrolled in the adjutant general's
257	257	department's Seaborne ChalleNGe Corps; or
258	258	(3) required to take the examination under a justice
259	259	or municipal court order issued under Article 45.054(a)(1)(C), Code
260	260	of Criminal Procedure.
261	261	(b) The Legislative Education Board [board] by rule shall
262	262	establish and require payment of a fee as a condition to the
263	263	issuance of a high school equivalency certificate and a copy of the
264	264	scores of the examinations. The fee must be reasonable and designed
265	265	to cover the administrative costs of issuing the certificate and a
266	266	copy of the scores. The board may not require a waiting period
267	267	between the date a person withdraws from school and the date the
268	268	person takes the examination unless the period relates to the time
269	269	between administrations of the examination.
270	270	SECTION 13. Section 7.112, Education Code, is amended by
271	271	adding Subsection (d) to read as follows:
272	272	(d) This section expires January 31, 2012.
273	273	SECTION 14. Section 7.113, Education Code, is transferred
274	274	to Subchapter E, Chapter 7, Education Code, as added by this Act, is
275	275	renumbered as Section 7.157, Education Code, and is amended to read
276	276	as follows:
277	277	Sec. 7.157 [7.113]. EMPLOYERS FOR EDUCATION EXCELLENCE
278	278	AWARD. (a) The Legislative Education Board [board] shall create
279	279	the Employers for Education Excellence Award to honor employers
280	280	that implement a policy to encourage and support employees who
281	281	actively participate in activities of schools.
282	282	(b) An employer that meets the criteria described by this
283	283	section may apply for consideration to receive the award.
284	284	(c) The Legislative Education Board [board] shall establish
285	285	the following levels of recognition for employers:
286	286	(1) bronze for an employer that implements a policy to
287	287	encourage and support employees who attend parent-teacher
288	288	conferences;
289	289	(2) silver for an employer that:
290	290	(A) meets the requirements of bronze; and
291	291	(B) implements a policy to encourage and support
292	292	employees who volunteer in school activities; and
293	293	(3) gold for an employer that:
294	294	(A) meets the requirements of silver; and
295	295	(B) implements a policy to encourage and support
296	296	employees who participate in student mentoring programs in schools.
297	297	(d) The Legislative Education Board [board] shall establish
298	298	criteria to certify businesses to receive the Employers for
299	299	Education Excellence Award at the appropriate level of recognition.
300	300	The commissioner shall review the applications submitted by
301	301	employers under Subsection (b) and make recommendations to the
302	302	board regarding businesses that should be recognized and the level
303	303	at which a business should be recognized. The board may approve or
304	304	modify the commissioner's recommendation.
305	305	(e) The Legislative Education Board [board] shall honor the
306	306	recipient of an Employers for Education Excellence Award by
307	307	presenting the recipient with a suitable certificate that includes
308	308	the business's level of recognition and other appropriate
309	309	information.
310	310	SECTION 15. Section 11.351, Education Code, is amended to
311	311	read as follows:
312	312	Sec. 11.351. AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL
313	313	DISTRICT. (a) On the recommendation of the commissioner and after
314	314	consulting with the school districts involved and obtaining the
315	315	approval of a majority of those districts in each affected county in
316	316	which a proposed school district is located, the Legislative
317	317	Education [State] Board [of Education] may establish a
318	318	special-purpose school district for the education of students in
319	319	special situations whose educational needs are not adequately met
320	320	by regular school districts. The board may impose duties or
321	321	limitations on the school district as necessary for the special
322	322	purpose of the district. The board shall exercise the powers as
323	323	provided by this section relating to the districts established
324	324	under this section.
325	325	(b) The Legislative Education [State] Board [of Education]
326	326	shall grant to the districts the right to share in the available
327	327	school fund apportionment and other privileges as are granted to
328	328	independent and common school districts.
329	329	SECTION 16. Section 12.112, Education Code, is amended to
330	330	read as follows:
331	331	Sec. 12.112. FORM. A charter for an open-enrollment
332	332	charter school shall be in the form of a written contract signed by
333	333	the chairs [chair] of the Legislative Education [State] Board [of
334	334	Education] and the chief operating officer of the school.
335	335	SECTION 17. Section 29.087(d), Education Code, is amended
336	336	to read as follows:
337	337	(d) A student is eligible to participate in a program
338	338	authorized by this section if:
339	339	(1) the student has been ordered by a court under
340	340	Article 45.054, Code of Criminal Procedure, [as added by Chapter
341	341	1514, Acts of the 77th Legislature, Regular Session, 2001,] or by
342	342	the Texas Youth Commission to:
343	343	(A) participate in a preparatory class for the
344	344	high school equivalency examination; or
345	345	(B) take the high school equivalency examination
346	346	administered under Section 7.156 [7.111]; or
347	347	(2) the following conditions are satisfied:
348	348	(A) the student is at least 16 years of age at the
349	349	beginning of the school year or semester;
350	350	(B) the student is a student at risk of dropping
351	351	out of school, as defined by Section 29.081;
352	352	(C) the student and the student's parent or
353	353	guardian agree in writing to the student's participation;
354	354	(D) at least two school years have elapsed since
355	355	the student first enrolled in ninth grade and the student has
356	356	accumulated less than one third of the credits required to graduate
357	357	under the minimum graduation requirements of the district or
358	358	school; and
359	359	(E) any other conditions specified by the
360	360	commissioner.
361	361	SECTION 18. Section 31.003, Education Code, is amended to
362	362	read as follows:
363	363	Sec. 31.003. RULES. The Legislative Education [State]
364	364	Board [of Education] may adopt rules, consistent with this chapter,
365	365	for the adoption, requisition, distribution, care, use, and
366	366	disposal of textbooks.
367	367	SECTION 19. Section 31.021(b), Education Code, is amended
368	368	to read as follows:
369	369	(b) The State Board of Education shall annually set aside
370	370	out of the available school fund of the state an amount sufficient
371	371	for the Legislative Education Board [board], school districts, and
372	372	open-enrollment charter schools to purchase and distribute the
373	373	necessary textbooks for the use of the students of this state for
374	374	the following school year. The State Board of Education [board]
375	375	shall determine the amount of the available school fund to set aside
376	376	for the state textbook fund based on:
377	377	(1) a report by the commissioner issued on July 1 or,
378	378	if that date is a Saturday or Sunday, on the following Monday,
379	379	stating the amount of unobligated money in the fund;
380	380	(2) the commissioner's estimate, based on textbooks
381	381	selected under Section 31.101 and on attendance reports submitted
382	382	under Section 31.103 by school districts and open-enrollment
383	383	charter schools, of the amount of funds, in addition to funds
384	384	reported under Subdivision (1), that will be necessary for purchase
385	385	and distribution of textbooks for the following school year; and
386	386	(3) any amount the State Board of Education [board]
387	387	determines should be set aside for emergency purposes caused by
388	388	unexpected increases in attendance.
389	389	SECTION 20. Section 31.022, Education Code, is amended to
390	390	read as follows:
391	391	Sec. 31.022. TEXTBOOK REVIEW AND ADOPTION. (a) The
392	392	Legislative Education [State] Board [of Education] shall adopt a
393	393	review and adoption cycle for textbooks for elementary grade
394	394	levels, including prekindergarten, and secondary grade levels, for
395	395	each subject in the required curriculum under Section 28.002.
396	396	(b) The Legislative Education Board [board] shall organize
397	397	the cycle for subjects in the foundation curriculum so that not more
398	398	than one-sixth of the textbooks for subjects in the foundation
399	399	curriculum are reviewed each year. The board shall adopt rules to
400	400	provide for a full and complete investigation of textbooks for each
401	401	subject in the foundation curriculum at least every six years. The
402	402	adoption of textbooks for a subject in the foundation curriculum
403	403	may be extended beyond the six-year period only if the content of
404	404	textbooks for a subject is sufficiently current.
405	405	(c) The Legislative Education Board [board] shall adopt
406	406	rules to provide for a full and complete investigation of textbooks
407	407	for each subject in the enrichment curriculum on a cycle the board
408	408	considers appropriate.
409	409	(d) At least 24 months before the beginning of the school
410	410	year for which textbooks for a particular subject and grade level
411	411	will be purchased under the review and adoption cycle adopted by the
412	412	Legislative Education Board [board], the board shall publish notice
413	413	of the review and adoption cycle for those textbooks.
414	414	(e) The Legislative Education Board [board] shall designate
415	415	a request for production of textbooks in a subject area and grade
416	416	level by the school year in which the textbooks are intended to be
417	417	made available in classrooms and not by the school year in which the
418	418	board makes the request for production.
419	419	SECTION 21. Section 31.0221(a), Education Code, is amended
420	420	to read as follows:
421	421	(a) The Legislative Education [State] Board [of Education]
422	422	shall adopt rules for the midcycle review and adoption of a textbook
423	423	for a subject for which textbooks are not currently under review by
424	424	the board under Section 31.022. The rules must require:
425	425	(1) the publisher of the textbook to pay a fee to the
426	426	board to cover the cost of the midcycle review and adoption of the
427	427	textbook;
428	428	(2) the publisher of the textbook to enter into a
429	429	contract with the board concerning the textbook for a term that ends
430	430	at the same time as any contract entered into by the board for
431	431	another textbook for the same subject and grade level; and
432	432	(3) a commitment from the publisher to provide the
433	433	textbook to school districts in the manner specified by the
434	434	publisher, which may include:
435	435	(A) providing the textbook to any district in a
436	436	regional education service center area identified by the publisher;
437	437	or
438	438	(B) providing a certain maximum number of
439	439	textbooks specified by the publisher.
440	440	SECTION 22. Section 31.0222, Education Code, is amended to
441	441	read as follows:
442	442	Sec. 31.0222. BUDGET-BALANCED CYCLE. In determining the
443	443	review and adoption cycle of textbooks under Section 31.022, the
444	444	Legislative Education [State] Board [of Education] shall:
445	445	(1) consult with the Legislative Budget Board and the
446	446	governor's office of budget, planning, and policy before approving
447	447	and publishing any notice or amendment of a cycle;
448	448	(2) review and consider:
449	449	(A) historic average funding levels for
450	450	textbooks purchased in previous bienniums;
451	451	(B) expected average costs of future textbook
452	452	purchases;
453	453	(C) anticipated student enrollment in future
454	454	years;
455	455	(D) scheduled revisions to curriculum; and
456	456	(E) the impact on the state budget of the
457	457	adoption of textbooks in all or some grade levels in a subject area;
458	458	and
459	459	(3) limit the cycle to subject areas for which
460	460	textbooks can be purchased with the funding anticipated to be
461	461	available in the state textbook fund for the school year in which
462	462	the textbooks are to be adopted.
463	463	SECTION 23. Section 31.023(a), Education Code, is amended
464	464	to read as follows:
465	465	(a) For each subject and grade level, the Legislative
466	466	Education [State] Board [of Education] shall adopt two lists of
467	467	textbooks. The conforming list includes each textbook submitted
468	468	for the subject and grade level that meets applicable physical
469	469	specifications adopted by the board [State Board of Education] and
470	470	contains material covering each element of the essential knowledge
471	471	and skills of the subject and grade level in the student version of
472	472	the textbook, as well as in the teacher version of the textbook, as
473	473	determined by the board [State Board of Education] under Section
474	474	28.002 and adopted under Section 31.024. The nonconforming list
475	475	includes each textbook submitted for the subject and grade level
476	476	that:
477	477	(1) meets applicable physical specifications adopted
478	478	by the board [State Board of Education];
479	479	(2) contains material covering at least half, but not
480	480	all, of the elements of the essential knowledge and skills of the
481	481	subject and grade level in the student version of the textbook, as
482	482	well as in the teacher version of the textbook; and
483	483	(3) is adopted under Section 31.024.
484	484	SECTION 24. Section 31.024, Education Code, is amended to
485	485	read as follows:
486	486	Sec. 31.024. ADOPTION BY LEGISLATIVE EDUCATION [STATE]
487	487	BOARD [OF EDUCATION]. (a) By majority vote, the Legislative
488	488	Education [State] Board [of Education] shall:
489	489	(1) place each submitted textbook on a conforming or
490	490	nonconforming list; or
491	491	(2) reject a textbook submitted for placement on a
492	492	conforming or nonconforming list.
493	493	(b) Not later than December 1 of the year preceding the
494	494	school year for which the textbooks for a particular subject and
495	495	grade level will be purchased under the cycle adopted by the
496	496	Legislative Education Board [board] under Section 31.022, the board
497	497	shall provide the lists of adopted textbooks to each school
498	498	district. Each nonconforming list must include the reasons an
499	499	adopted textbook is not eligible for the conforming list.
500	500	SECTION 25. Section 31.025(a), Education Code, is amended
501	501	to read as follows:
502	502	(a) The Legislative Education [State] Board [of Education]
503	503	shall set a limit on the cost that may be paid from the state
504	504	textbook fund for a textbook placed on the conforming or
505	505	nonconforming list for a particular subject and grade level. The
506	506	board may not reject a textbook for placement on the conforming or
507	507	nonconforming list because the textbook's price exceeds the limit
508	508	established under this subsection.
509	509	SECTION 26. Sections 31.026(a) and (b), Education Code, are
510	510	amended to read as follows:
511	511	(a) The Legislative Education [State] Board [of Education]
512	512	shall execute a contract:
513	513	(1) for the purchase of each adopted textbook other
514	514	than an electronic textbook; and
515	515	(2) for the purchase or licensing of each adopted
516	516	electronic textbook.
517	517	(b) A contract must require the publisher to provide the
518	518	number of textbooks required by school districts in this state for
519	519	the term of the contract, which must coincide with the Legislative
520	520	Education Board's [board's] adoption cycle.
521	521	SECTION 27. Sections 31.028(a), (b), and (c), Education
522	522	Code, are amended to read as follows:
523	523	(a) The Legislative Education [State] Board [of Education]
524	524	may purchase special textbooks for the education of blind and
525	525	visually impaired students in public schools. In addition, for a
526	526	teacher who is blind or visually impaired, the board shall provide a
527	527	teacher's edition in Braille or large type, as requested by the
528	528	teacher, for each textbook the teacher uses in the instruction of
529	529	students. The teacher edition must be available at the same time
530	530	the student textbooks become available.
531	531	(b) The publisher of an adopted textbook shall provide the
532	532	agency with computerized textbook files for the production of
533	533	Braille textbooks or other versions of textbooks to be used by
534	534	students with disabilities, on request of the Legislative Education
535	535	[State] Board [of Education]. A publisher shall arrange
536	536	computerized textbook files in one of several optional formats
537	537	specified by the board [State Board of Education].
538	538	(c) The Legislative Education Board [board] may also enter
539	539	into agreements providing for the acceptance, requisition, and
540	540	distribution of special textbooks and instructional aids pursuant
541	541	to 20 U.S.C. Section 101 et seq. for use by students enrolled in:
542	542	(1) public schools; or
543	543	(2) private nonprofit schools, if state funds, other
544	544	than for administrative costs, are not involved.
545	545	SECTION 28. Section 31.029, Education Code, is amended to
546	546	read as follows:
547	547	Sec. 31.029. BILINGUAL TEXTBOOKS. The Legislative
548	548	Education Board [board] shall purchase or otherwise acquire
549	549	textbooks for use in bilingual education classes.
550	550	SECTION 29. Section 31.030, Education Code, is amended to
551	551	read as follows:
552	552	Sec. 31.030. USED TEXTBOOKS. The Legislative Education
553	553	[State] Board [of Education] shall adopt rules to ensure that used
554	554	textbooks sold to school districts and open-enrollment charter
555	555	schools are not sample copies that contain factual errors. The
556	556	rules may provide for the imposition of an administrative penalty
557	557	in accordance with Section 31.151 against a seller of used
558	558	textbooks who knowingly violates this section.
559	559	SECTION 30. Sections 31.035(a), (b), and (f), Education
560	560	Code, are amended to read as follows:
561	561	(a) Notwithstanding any other provision of this subchapter,
562	562	the Legislative Education [State] Board [of Education] may adopt
563	563	supplemental textbooks that are not on the conforming or
564	564	nonconforming list under Section 31.023. The board [State Board of
565	565	Education] may adopt a supplemental textbook under this section
566	566	only if the textbook:
567	567	(1) contains material covering one or more primary
568	568	focal points or primary topics of a subject in the required
569	569	curriculum under Section 28.002, as determined by the board [State
570	570	Board of Education];
571	571	(2) is not designed to serve as the sole textbook for a
572	572	full course;
573	573	(3) meets applicable physical specifications adopted
574	574	by the board [State Board of Education]; and
575	575	(4) is free from factual errors.
576	576	(b) The Legislative Education [State] Board [of Education]
577	577	shall identify the essential knowledge and skills identified under
578	578	Section 28.002 that are covered by a supplemental textbook adopted
579	579	by the board under this section.
580	580	(f) A school district or open-enrollment charter school
581	581	that requisitions supplemental textbooks under Subsection (d)(2)
582	582	shall certify to the agency that the supplemental textbooks, in
583	583	combination with any other textbooks or supplemental textbooks used
584	584	by the district or school, cover the essential knowledge and skills
585	585	identified under Section 28.002 by the Legislative Education
586	586	[State] Board [of Education] for the subject and grade level for
587	587	which the district or school is requisitioning the supplemental
588	588	textbooks.
589	589	SECTION 31. Sections 31.101(a) and (d), Education Code, are
590	590	amended to read as follows:
591	591	(a) Each year, during a period established by the
592	592	Legislative Education [State] Board [of Education], the board of
593	593	trustees of each school district and the governing body of each
594	594	open-enrollment charter school shall:
595	595	(1) for a subject in the foundation curriculum, notify
596	596	the Legislative Education [State] Board [of Education] of the
597	597	textbooks selected by the board of trustees or governing body for
598	598	the following school year from among the textbooks on the
599	599	appropriate conforming or nonconforming list; or
600	600	(2) for a subject in the enrichment curriculum:
601	601	(A) notify the board [State Board of Education]
602	602	of each textbook selected by the board of trustees or governing body
603	603	for the following school year from among the textbooks on the
604	604	appropriate conforming or nonconforming list; or
605	605	(B) notify the board [State Board of Education]
606	606	that the board of trustees or governing body has selected a textbook
607	607	that is not on the conforming or nonconforming list.
608	608	(d) For a textbook that is not on the conforming or
609	609	nonconforming list, a school district or open-enrollment charter
610	610	school must use the textbook for the period of the review and
611	611	adoption cycle the Legislative Education [State] Board [of
612	612	Education] has established for the subject and grade level for
613	613	which the textbook is used.
614	614	SECTION 32. Section 31.103(b), Education Code, is amended
615	615	to read as follows:
616	616	(b) A requisition for textbooks for the following school
617	617	year shall be based on the maximum attendance reports under
618	618	Subsection (a), plus an additional 10 percent, except as otherwise
619	619	provided. A school district or open-enrollment charter school
620	620	shall make a requisition for a textbook on the conforming or
621	621	nonconforming list through the commissioner to the state depository
622	622	designated by the publisher or as provided by Legislative Education
623	623	[State] Board [of Education] rule, as applicable, not later than
624	624	June 1 of each year. The designated state depository or, if the
625	625	publisher or manufacturer does not have a designated textbook
626	626	depository in this state under Section 31.151(a)(6)
627	627	[31.151(a)(6)(B)], the publisher or manufacturer shall fill a
628	628	requisition approved by the agency at any other time in the case of
629	629	an emergency. As made necessary by available funds, the
630	630	commissioner shall reduce the additional percentage of attendance
631	631	for which a district or school may requisition textbooks. The
632	632	commissioner may, on application of a district or school that is
633	633	experiencing high enrollment growth, increase the additional
634	634	percentage of attendance for which the district or school may
635	635	requisition textbooks.
636	636	SECTION 33. Section 31.1031, Education Code, is amended to
637	637	read as follows:
638	638	Sec. 31.1031. SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
639	639	school district or open-enrollment charter school does not have a
640	640	sufficient number of copies of a textbook used by the district or
641	641	school for use during the following school year, and a sufficient
642	642	number of additional copies will not be available from the
643	643	depository or the publisher within the time specified by Section
644	644	31.151(a)(8), the district or school is entitled to:
645	645	(1) be reimbursed from the state textbook fund, at a
646	646	rate and in the manner provided by Legislative Education [State]
647	647	Board [of Education] rule, for the purchase of a sufficient number
648	648	of used adopted textbooks; or
649	649	(2) return currently used textbooks to the
650	650	commissioner in exchange for sufficient copies, if available, of
651	651	other textbooks on the conforming or nonconforming list to be used
652	652	during the following school year.
653	653	SECTION 34. Sections 31.151(a), (b), and (c), Education
654	654	Code, are amended to read as follows:
655	655	(a) A publisher or manufacturer of textbooks:
656	656	(1) shall furnish any textbook the publisher or
657	657	manufacturer offers in this state, at a price that does not exceed
658	658	the lowest price at which the publisher offers that textbook for
659	659	adoption or sale to any state, public school, or school district in
660	660	the United States;
661	661	(2) shall automatically reduce the price of a textbook
662	662	sold for use in a school district or open-enrollment charter school
663	663	to the extent that the price is reduced elsewhere in the United
664	664	States;
665	665	(3) shall provide any textbook or ancillary item free
666	666	of charge in this state to the same extent that the publisher or
667	667	manufacturer provides the textbook or ancillary item free of charge
668	668	to any state, public school, or school district in the United
669	669	States;
670	670	(4) shall guarantee that each copy of a textbook sold
671	671	in this state is at least equal in quality to copies of that
672	672	textbook sold elsewhere in the United States and is free from
673	673	factual error;
674	674	(5) may not become associated or connected with,
675	675	directly or indirectly, any combination in restraint of trade in
676	676	textbooks or enter into any understanding or combination to control
677	677	prices or restrict competition in the sale of textbooks for use in
678	678	this state;
679	679	(6) shall:
680	680	(A) maintain a depository in this state or
681	681	arrange with a depository in this state to receive and fill orders
682	682	for textbooks, other than on-line textbooks or on-line textbook
683	683	components, consistent with Legislative Education [State] Board
684	684	[of Education] rules; or
685	685	(B) deliver textbooks to a school district or
686	686	open-enrollment charter school without a delivery charge to the
687	687	school district, open-enrollment charter school, or state, if:
688	688	(i) the publisher or manufacturer does not
689	689	maintain or arrange with a depository in this state under Paragraph
690	690	(A) and the publisher's or manufacturer's textbooks and related
691	691	products are warehoused or otherwise stored less than 300 miles
692	692	from a border of this state; or
693	693	(ii) the textbooks are on-line textbooks or
694	694	on-line textbook components;
695	695	(7) shall, at the time an order for textbooks is
696	696	acknowledged, provide to school districts or open-enrollment
697	697	charter schools an accurate shipping date for textbooks that are
698	698	back-ordered;
699	699	(8) shall guarantee delivery of textbooks at least 10
700	700	business days before the opening day of school of the year for which
701	701	the textbooks are ordered if the textbooks are ordered by a date
702	702	specified in the sales contract; and
703	703	(9) shall submit to the Legislative Education [State]
704	704	Board [of Education] an affidavit certifying any textbook the
705	705	publisher or manufacturer offers in this state to be free of factual
706	706	errors at the time the publisher executes the contract required by
707	707	Section 31.026.
708	708	(b) The Legislative Education [State] Board [of Education]
709	709	may impose a reasonable administrative penalty against a publisher
710	710	or manufacturer who knowingly violates Subsection (a). The board
711	711	shall provide for a hearing to be held to determine whether a
712	712	penalty is to be imposed and, if so, the amount of the penalty. The
713	713	board shall base the amount of the penalty on:
714	714	(1) the seriousness of the violation;
715	715	(2) any history of a previous violation;
716	716	(3) the amount necessary to deter a future violation;
717	717	(4) any effort to correct the violation; and
718	718	(5) any other matter justice requires.
719	719	(c) A hearing under Subsection (b) shall be held according
720	720	to rules adopted by the Legislative Education [State] Board [of
721	721	Education].
722	722	SECTION 35. Section 31.201, Education Code, is amended to
723	723	read as follows:
724	724	Sec. 31.201. DISPOSITION OF TEXTBOOKS. (a) The
725	725	commissioner, with the approval of the Legislative Education
726	726	[State] Board [of Education,] may provide for the disposition of:
727	727	(1) textbooks, other than electronic textbooks, that
728	728	are no longer in acceptable condition to be used for instructional
729	729	purposes; or
730	730	(2) discontinued textbooks, other than electronic
731	731	textbooks.
732	732	(b) The commissioner, as provided by rules adopted by the
733	733	Legislative Education [State] Board [of Education], shall make
734	734	available on request copies of discontinued textbooks, other than
735	735	electronic textbooks, for use in libraries maintained in municipal
736	736	and county jails and facilities of the institutional division of
737	737	the Texas Department of Criminal Justice and other state agencies.
738	738	(c) The Legislative Education [State] Board [of Education]
739	739	shall adopt rules under which a school district or open-enrollment
740	740	charter school may donate discontinued textbooks, other than
741	741	electronic textbooks, to a student, to an adult education program,
742	742	or to a nonprofit organization.
743	743	SECTION 36. Sections 33.084(a) and (e), Education Code, are
744	744	amended to read as follows:
745	745	(a) The interscholastic league advisory council is composed
746	746	of:
747	747	(1) a member of the house of representatives who
748	748	serves on the Legislative Education Board, appointed by the speaker
749	749	of the house;
750	750	(2) a member of the senate who serves on the
751	751	Legislative Education Board, appointed by the lieutenant governor;
752	752	(3) [two members of the State Board of Education
753	753	appointed by the chair of the board;
754	754	[(2)] a member of the house of representatives who
755	755	does not serve on the Legislative Education Board, appointed by the
756	756	speaker of the house;
757	757	(4) [(3)] a member of the senate who does not serve on
758	758	the Legislative Education Board, appointed by the lieutenant
759	759	governor;
760	760	(5) [(4)] two members of the legislative council of
761	761	the University Interscholastic League appointed by the chairman of
762	762	the council;
763	763	(6) [(5)] two public school board members appointed by
764	764	the commissioner; and
765	765	(7) [(6)] three members of the public appointed by the
766	766	commissioner.
767	767	(e) The advisory council shall review the rules of the
768	768	University Interscholastic League and shall make recommendations
769	769	relating to the rules to the governor, the legislature, the
770	770	legislative council of the University Interscholastic League, and
771	771	the Legislative Education [State] Board [of Education].
772	772	SECTION 37. Section 105.302(b), Education Code, is amended
773	773	to read as follows:
774	774	(b) Each of the following shall appoint one member to serve
775	775	on the advisory board:
776	776	(1) the commissioner of education [chairman of the
777	777	State Board of Education];
778	778	(2) the commissioner of higher education;
779	779	(3) the president of the Texas Association of School
780	780	Administrators;
781	781	(4) the president of the Texas Association for the
782	782	Gifted and Talented;
783	783	(5) the governor;
784	784	(6) the lieutenant governor; and
785	785	(7) the speaker of the Texas House of Representatives.
786	786	SECTION 38. Article 45.054(a), Code of Criminal Procedure,
787	787	is amended to read as follows:
788	788	(a) On a finding by a county, justice, or municipal court
789	789	that an individual has committed an offense under Section 25.094,
790	790	Education Code, the court has jurisdiction to enter an order that
791	791	includes one or more of the following provisions requiring that:
792	792	(1) the individual:
793	793	(A) attend school without unexcused absences;
794	794	(B) attend a preparatory class for the high
795	795	school equivalency examination administered under Section 7.156
796	796	[7.111], Education Code, if the court determines that the
797	797	individual is too old to do well in a formal classroom environment;
798	798	or
799	799	(C) if the individual is at least 16 years of age,
800	800	take the high school equivalency examination administered under
801	801	Section 7.156 [7.111], Education Code;
802	802	(2) the individual attend a special program that the
803	803	court determines to be in the best interest of the individual,
804	804	including:
805	805	(A) an alcohol and drug abuse program;
806	806	(B) a rehabilitation program;
807	807	(C) a counseling program, including
808	808	self-improvement counseling;
809	809	(D) a program that provides training in
810	810	self-esteem and leadership;
811	811	(E) a work and job skills training program;
812	812	(F) a program that provides training in
813	813	parenting, including parental responsibility;
814	814	(G) a program that provides training in manners;
815	815	(H) a program that provides training in violence
816	816	avoidance;
817	817	(I) a program that provides sensitivity
818	818	training; and
819	819	(J) a program that provides training in advocacy
820	820	and mentoring;
821	821	(3) the individual and the individual's parent attend
822	822	a class for students at risk of dropping out of school designed for
823	823	both the individual and the individual's parent;
824	824	(4) the individual complete reasonable community
825	825	service requirements; or
826	826	(5) for the total number of hours ordered by the court,
827	827	the individual participate in a tutorial program covering the
828	828	academic subjects in which the student is enrolled provided by the
829	829	school the individual attends.
830	830	SECTION 39. Section 301.041(a), Government Code, is amended
831	831	to read as follows:
832	832	(a) A duly appointed senator's or representative's
833	833	membership on the Legislative Budget Board, Legislative Library
834	834	Board, Legislative Audit Committee, Legislative Education Board,
835	835	or Texas Legislative Council, or any other interim committee,
836	836	terminates if the member:
837	837	(1) resigns the membership;
838	838	(2) ceases membership in the legislature for any
839	839	reason; or
840	840	(3) fails to be nominated or elected to the
841	841	legislature for the next term.
842	842	SECTION 40. Section 322.013(a), Government Code, is amended
843	843	to read as follows:
844	844	(a) The standing committees of the senate and house of
845	845	representatives with primary jurisdiction over the public school
846	846	system, in consultation with the Legislative Education Board, shall
847	847	oversee and review the implementation of legislative education
848	848	policy by state agencies that have the statutory duty to implement
849	849	that policy, including policy relating to:
850	850	(1) fiscal matters;
851	851	(2) academic expectations; and
852	852	(3) evaluation of program cost-effectiveness.
853	853	SECTION 41. Sections 322.015 and 322.016, Government Code,
854	854	are transferred to Subchapter E, Chapter 7, Education Code, as
855	855	added by this Act, are renumbered as Sections 7.158 and 7.159,
856	856	Education Code, and are amended to read as follows:
857	857	Sec. 7.158 [322.015]. REVIEW OF INTERSCHOLASTIC
858	858	COMPETITION. The Legislative Education Board [board] may
859	859	periodically review and analyze the effectiveness and efficiency of
860	860	the policies, management, fiscal affairs, and operations of an
861	861	organization that is a component or part of a state agency or
862	862	institution and that sanctions or conducts interscholastic
863	863	competition. The board shall report the findings to the governor
864	864	and the full legislature. The legislature may consider the board's
865	865	reports in connection with the legislative appropriations process.
866	866	Sec. 7.159 [322.016]. PERFORMANCE REVIEW OF SCHOOL
867	867	DISTRICTS. (a) The Legislative Education Board [board] may
868	868	periodically review the effectiveness and efficiency of the
869	869	operations of school districts, including a [the] district's
870	870	expenditures for its officers' and employees' travel services. A
871	871	review of a [school] district may be initiated by the board at its
872	872	discretion or on the request of the [school] district. A review may
873	873	be initiated by a [school] district only by resolution adopted by a
874	874	majority of the members of the board of trustees of the district.
875	875	(b) If a review is initiated on the request of the school
876	876	district, the district shall pay 25 percent of the cost incurred in
877	877	conducting the review.
878	878	(c) The Legislative Education Board [board] shall:
879	879	(1) prepare a report showing the results of each
880	880	review conducted under this section;
881	881	(2) file the report with the school district, the
882	882	governor, the lieutenant governor, the speaker of the house of
883	883	representatives, the chairs of the standing committees of the
884	884	senate and the house of representatives with jurisdiction over
885	885	public education, and the commissioner [of education]; and
886	886	(3) make the entire report and a summary of the report
887	887	available to the public on the Internet.
888	888	(d) Until the Legislative Education Board [board] has
889	889	completed a review under this section, all information, documentary
890	890	or otherwise, prepared or maintained in conducting the review or
891	891	preparing the review report, including intra-agency and
892	892	interagency communications and drafts of the review report or
893	893	portions of those drafts, is excepted from required public
894	894	disclosure as audit working papers under Section 552.116,
895	895	Government Code. This subsection does not affect whether
896	896	information described by this subsection is confidential or
897	897	excepted from required public disclosure under a law other than
898	898	Section 552.116, Government Code.
899	899	SECTION 42. Section 545.360, Transportation Code, is
900	900	amended to read as follows:
901	901	Sec. 545.360. DUTY OF TEXAS TRANSPORTATION COMMISSION AND
902	902	LEGISLATIVE EDUCATION [STATE] BOARD [OF EDUCATION] TO PROVIDE
903	903	INFORMATION AND ASSISTANCE. The chairman of the Texas
904	904	Transportation Commission and the chairs [chairman] of the
905	905	Legislative Education [State] Board [of Education] shall provide
906	906	assistance and information relevant to consideration of speed
907	907	limits to commissioners courts, municipal governing bodies, and
908	908	other interested persons.
909	909	SECTION 43. (a) Effective May 1, 2010, the following
910	910	sections of the Education Code are repealed:
911	911	(1) Section 7.001; and
912	912	(2) Sections 7.102(b), (c), (e), and (f).
913	913	(b) Effective May 1, 2010, Section 322.013(b), Government
914	914	Code, is repealed.
915	915	SECTION 44. (a) Effective May 1, 2010:
916	916	(1) all functions and activities performed by the
917	917	State Board of Education immediately before that date, other than
918	918	functions and activities assigned to the State Board of Education
919	919	by the constitution of this state, are transferred to the
920	920	Legislative Education Board;
921	921	(2) a rule, form, policy, procedure, or decision of
922	922	the State Board of Education, other than a rule, form, policy,
923	923	procedure, or decision relating to a function or activity assigned
924	924	to the State Board of Education by the constitution of this state,
925	925	continues in effect as a rule, form, policy, procedure, or decision
926	926	of the Legislative Education Board and remains in effect until
927	927	amended or replaced by the Legislative Education Board;
928	928	(3) a rule of the State Board for Educator
929	929	Certification approved by the State Board of Education remains in
930	930	effect until amended or replaced as provided by law;
931	931	(4) a reference in law or an administrative rule to the
932	932	State Board of Education or to the State Board for Career and
933	933	Technology Education means the Legislative Education Board, other
934	934	than a reference:
935	935	(A) to the State Board of Education relating to a
936	936	function or activity assigned to the State Board of Education by the
937	937	constitution of this state; or
938	938	(B) under Section 86.22 or 133.006(b), Education
939	939	Code, or another law similarly referring to a past action taken by
940	940	the State Board of Education;
941	941	(5) all money, contracts, leases, rights, property,
942	942	records, and bonds and other obligations of the State Board of
943	943	Education are transferred to the Legislative Education Board,
944	944	except that money or a contract, lease, right, property, record, or
945	945	bond or other obligation relating to a function or activity
946	946	assigned to the State Board of Education by the constitution of this
947	947	state is not transferred;
948	948	(6) a court case, administrative proceeding, contract
949	949	negotiation, or other proceeding involving the State Board of
950	950	Education, other than a proceeding relating to a function or
951	951	activity assigned to the State Board of Education by the
952	952	constitution of this state, is transferred without change in status
953	953	to the Legislative Education Board, and the Legislative Education
954	954	Board assumes, without a change in status, the position of the State
955	955	Board of Education in a negotiation or proceeding relating to an
956	956	activity transferred by this Act to the Legislative Education Board
957	957	to which the State Board of Education is a party;
958	958	(7) an employee of the State Board of Education, other
959	959	than an employee whose duties relate solely or primarily to a
960	960	function or activity assigned to the State Board of Education by the
961	961	constitution of this state, becomes an employee of the Legislative
962	962	Education Board; and
963	963	(8) any unexpended and unobligated balance of money
964	964	appropriated by the legislature for the State Board of Education,
965	965	other than money appropriated to enable the State Board of
966	966	Education to carry out a function or activity assigned by the
967	967	constitution of this state, is transferred to the Legislative
968	968	Education Board.
969	969	(b) In the period beginning on January 1, 2010, and ending
970	970	on April 30, 2010:
971	971	(1) the State Board of Education shall continue to
972	972	perform functions and activities under the Education Code or other
973	973	law as if the law had not been amended or repealed, as applicable,
974	974	and the former law is continued in effect for that purpose; and
975	975	(2) a person who is authorized or required by law to
976	976	take an action relating to the State Board of Education or a member
977	977	of the State Board of Education shall continue to take that action
978	978	under the law as if the law had not been amended or repealed, as
979	979	applicable, and the former law is continued in effect for that
980	980	purpose.
981	981	SECTION 45. Before May 1, 2010, the State Board of Education
982	982	may agree with the Legislative Education Board to transfer any
983	983	property of the State Board of Education to the Legislative
984	984	Education Board to implement the transfer required by Section 44 of
985	985	this Act.
986	986	SECTION 46. Section 12.112, Education Code, as amended by
987	987	this Act, applies only to the required signatories of a charter for
988	988	an open-enrollment charter school in the case of a charter entered
989	989	into on or after May 1, 2010. The required signatories of a charter
990	990	for an open-enrollment charter school in the case of a charter
991	991	entered into before May 1, 2010, are governed by the law in effect
992	992	on the date the charter is entered into, and the former law is
993	993	continued in effect for that purpose.
994	994	SECTION 47. This Act does not affect the reference to the
995	995	state board of education under Section 143.112(a)(1)(A), Local
996	996	Government Code, or a similar reference to the extent that the
997	997	reference is to the state board of education of another state.
998	998	SECTION 48. This Act takes effect January 1, 2010.