81R10016 CAS-D By: Edwards H.B. No. 3208 A BILL TO BE ENTITLED AN ACT relating to public school counselors. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 33.002(b), Education Code, is amended to read as follows: (b) A school district [with 500 or more students enrolled in elementary school grades] shall employ a counselor [certified under the rules of the State Board for Educator Certification] for each [elementary] school in the district. [A school district shall employ at least one counselor for every 500 elementary school students in the district.] SECTION 2. Section 42.152(i), Education Code, is amended to read as follows: (i) From the total amount of funds appropriated for allotments under this section, the commissioner shall, each fiscal year, withhold $7,500,000 or a greater amount as determined in the General Appropriations Act and distribute that amount for programs under Subchapter A, Chapter 33. [A program established under that subchapter is required only in school districts in which the program is financed by funds distributed under this section or other funds distributed by the commissioner for a program under that subchapter. In distributing those funds, preference shall be given to a school district that received funds for a program under this subsection for the preceding school year.] SECTION 3. Sections 33.002(a) and (c), Education Code, are repealed. SECTION 4. This Act applies beginning with the 2009-2010 school year. SECTION 5. This Act takes effect immediately if it 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, this Act takes effect September 1, 2009.