Texas 2009 - 81st Regular

Texas House Bill HB3382 Compare Versions

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

Old	New	Differences
1	1	81R3504 CAS-D
2	2	By: Coleman H.B. No. 3382
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to transferring the statutorily assigned functions and
8	8	activities of the State Board of Education to the Texas Education
9	9	Agency.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 7.102(a) and (d), Education Code, are
12	12	amended to read as follows:
13	13	(a) The board may perform, as provided by this code, only
14	14	those duties [relating to school districts or regional education
15	15	service centers] assigned to the board by the constitution of this
16	16	state [or by this subchapter or another provision of this code].
17	17	(d) The board may adopt rules [relating to school districts
18	18	or regional education service centers] only as required to carry
19	19	out the specific duties assigned to the board by the constitution
20	20	[or under Subsection (c)].
21	21	SECTION 2. Sections 7.108(a) and (c), Education Code, are
22	22	amended to read as follows:
23	23	(a) A person interested in selling bonds of any type [or a
24	24	person engaged in manufacturing, shipping, selling, or advertising
25	25	textbooks or otherwise connected with the textbook business]
26	26	commits an offense if the person makes or authorizes a political
27	27	contribution to or takes part in, directly or indirectly, the
28	28	campaign of any person seeking election to or serving on the board.
29	29	(c) In this section, "political[:
30	30	[(1) "Political] contribution" has the meaning
31	31	assigned by Section 251.001, Election Code.
32	32	[(2) "Textbook" has the meaning assigned by Section
33	33	31.002.]
34	34	SECTION 3. Section 7.109, Education Code, is transferred to
35	35	Subchapter B, Chapter 7, Education Code, renumbered as Section
36	36	7.034, Education Code, and amended to read as follows:
37	37	Sec. 7.034 [7.109]. DESIGNATION AS STATE BOARD FOR CAREER
38	38	AND TECHNOLOGY EDUCATION. (a) The agency [board] is also the
39	39	State Board for Career and Technology Education.
40	40	(b) The commissioner is the executive officer through whom
41	41	the State Board for Career and Technology Education shall carry out
42	42	its policies and enforce its rules.
43	43	(c) The State Board for Career and Technology Education may
44	44	contract with the Texas Higher Education Coordinating Board or any
45	45	other state agency to assume the leadership role and administrative
46	46	responsibility of the State Board for Career and Technology
47	47	Education for state level administration of technical-vocational
48	48	education programs in public community colleges, public technical
49	49	institutes, and other eligible public postsecondary institutions
50	50	in this state.
51	51	(d) The State Board for Career and Technology Education may
52	52	allocate funds appropriated to the board by the legislature or
53	53	federal funds received by the board under the Carl D. Perkins Career
54	54	and Technical [Vocational] Education Act of 2006 (20 U.S.C. Section
55	55	2301 et seq.) or other federal law to an institution or program
56	56	approved by the agency [State Board of Education], the Texas Higher
57	57	Education Coordinating Board, or another state agency specified by
58	58	law.
59	59	SECTION 4. Section 7.111, Education Code, is transferred to
60	60	Subchapter B, Chapter 7, Education Code, renumbered as Section
61	61	7.035, Education Code, and amended to read as follows:
62	62	Sec. 7.035 [7.111]. HIGH SCHOOL EQUIVALENCY EXAMINATIONS.
63	63	(a) The agency [board] shall provide for the administration of
64	64	high school equivalency examinations, including administration by
65	65	the adjutant general's department for students described by
66	66	Subdivision (2)(C). A person who does not have a high school
67	67	diploma may take the examination in accordance with rules adopted
68	68	by the commissioner [board] if the person is:
69	69	(1) over 17 years of age;
70	70	(2) 16 years of age or older and:
71	71	(A) is enrolled in a Job Corps training program
72	72	under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
73	73	et seq.)[, and its subsequent amendment];
74	74	(B) a public agency providing supervision of the
75	75	person or having custody of the person under a court order
76	76	recommends that the person take the examination; or
77	77	(C) is enrolled in the adjutant general's
78	78	department's Seaborne ChalleNGe Corps; or
79	79	(3) required to take the examination under a justice
80	80	or municipal court order issued under Article 45.054(a)(1)(C), Code
81	81	of Criminal Procedure.
82	82	(b) The commissioner [board] by rule shall establish and
83	83	require payment of a fee as a condition to the issuance of a high
84	84	school equivalency certificate and a copy of the scores of the
85	85	examinations. The fee must be reasonable and designed to cover the
86	86	administrative costs of issuing the certificate and a copy of the
87	87	scores. The agency [board] may not require a waiting period between
88	88	the date a person withdraws from school and the date the person
89	89	takes the examination unless the period relates to the time between
90	90	administrations of the examination.
91	91	SECTION 5. Section 7.112, Education Code, is amended by
92	92	adding Subsection (d) to read as follows:
93	93	(d) This section expires January 31, 2012.
94	94	SECTION 6. Section 7.113, Education Code, is transferred to
95	95	Subchapter B, Chapter 7, Education Code, renumbered as Section
96	96	7.036, Education Code, and amended to read as follows:
97	97	Sec. 7.036 [7.113]. EMPLOYERS FOR EDUCATION EXCELLENCE
98	98	AWARD. (a) The agency [board] shall create the Employers for
99	99	Education Excellence Award to honor employers that implement a
100	100	policy to encourage and support employees who actively participate
101	101	in activities of schools.
102	102	(b) An employer that meets the criteria described by this
103	103	section may apply for consideration to receive the award.
104	104	(c) The agency [board] shall establish the following levels
105	105	of recognition for employers:
106	106	(1) bronze for an employer that implements a policy to
107	107	encourage and support employees who attend parent-teacher
108	108	conferences;
109	109	(2) silver for an employer that:
110	110	(A) meets the requirements of bronze; and
111	111	(B) implements a policy to encourage and support
112	112	employees who volunteer in school activities; and
113	113	(3) gold for an employer that:
114	114	(A) meets the requirements of silver; and
115	115	(B) implements a policy to encourage and support
116	116	employees who participate in student mentoring programs in schools.
117	117	(d) The commissioner [board] shall establish criteria to
118	118	certify businesses to receive the Employers for Education
119	119	Excellence Award at the appropriate level of recognition. The
120	120	commissioner shall review the applications submitted by employers
121	121	under Subsection (b) and select [make recommendations to the board
122	122	regarding] businesses that should be recognized and the level at
123	123	which a business should be recognized. [The board may approve or
124	124	modify the commissioner's recommendation.]
125	125	(e) The agency [board] shall honor the recipient of an
126	126	Employers for Education Excellence Award by presenting the
127	127	recipient with a suitable certificate that includes the business's
128	128	level of recognition and other appropriate information.
129	129	SECTION 7. Section 11.351, Education Code, is amended to
130	130	read as follows:
131	131	Sec. 11.351. AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL
132	132	DISTRICT. (a) On the recommendation of the commissioner and after
133	133	consulting with the school districts involved and obtaining the
134	134	approval of a majority of those districts in each affected county in
135	135	which a proposed school district is located, the agency [State
136	136	Board of Education] may establish a special-purpose school district
137	137	for the education of students in special situations whose
138	138	educational needs are not adequately met by regular school
139	139	districts. The agency [board] may impose duties or limitations on
140	140	the school district as necessary for the special purpose of the
141	141	district. The agency [board] shall exercise the powers as provided
142	142	by this section relating to the districts established under this
143	143	section.
144	144	(b) The agency [State Board of Education] shall grant to the
145	145	districts the right to share in the available school fund
146	146	apportionment and other privileges as are granted to independent
147	147	and common school districts.
148	148	SECTION 8. Section 12.012(a), Education Code, is amended to
149	149	read as follows:
150	150	(a) A home-rule school district is subject to federal and
151	151	state laws and rules governing school districts, except that a
152	152	home-rule school district is subject to:
153	153	(1) this code only to the extent that the
154	154	applicability to a home-rule school district of a provision of this
155	155	code is specifically provided;
156	156	(2) a rule adopted under this code by the [State Board
157	157	of Education or the] commissioner only if the code provision
158	158	authorizing the rule specifically applies to a home-rule school
159	159	district; and
160	160	(3) all requirements of federal law and applicable
161	161	court orders relating to eligibility for and the provision of
162	162	special education and bilingual programs.
163	163	SECTION 9. Section 12.112, Education Code, is amended to
164	164	read as follows:
165	165	Sec. 12.112. FORM. A charter for an open-enrollment
166	166	charter school shall be in the form of a written contract signed by
167	167	the commissioner [chair of the State Board of Education] and the
168	168	chief operating officer of the school.
169	169	SECTION 10. Section 21.042, Education Code, is amended to
170	170	read as follows:
171	171	Sec. 21.042. APPROVAL OF RULES. The State Board for
172	172	Educator Certification must submit a written copy of each rule it
173	173	proposes to adopt to the commissioner [State Board of Education for
174	174	review]. The commissioner [State Board of Education] may reject a
175	175	proposed rule [by a vote of at least two-thirds of the members of
176	176	the board present and voting]. If the commissioner [State Board of
177	177	Education] fails to reject a proposal before the 90th day after the
178	178	date on which the commissioner [it] receives the proposal, the
179	179	proposal takes effect as a rule of the State Board for Educator
180	180	Certification as provided by Chapter 2001, Government Code. The
181	181	commissioner [State Board of Education] may not modify a rule
182	182	proposed by the State Board for Educator Certification.
183	183	SECTION 11. Section 29.909(d), Education Code, is amended
184	184	to read as follows:
185	185	(d) A school district seeking to participate in the program
186	186	must submit a written application to the commissioner not later
187	187	than July 1 preceding the school year the district proposes to begin
188	188	participation in the program, or an earlier date set by the
189	189	commissioner. The application must include:
190	190	(1) a proposed budget for the program;
191	191	(2) a method to be used to verify student attendance;
192	192	(3) any requested waiver of a requirement,
193	193	restriction, or prohibition imposed by this code or by a rule of the
194	194	[State Board of Education or the] commissioner, and the period for
195	195	which any requested waiver is proposed to be in effect; and
196	196	(4) the information required under Subsection (f).
197	197	SECTION 12. Section 31.003, Education Code, is amended to
198	198	read as follows:
199	199	Sec. 31.003. RULES. The commissioner [State Board of
200	200	Education] may adopt rules, consistent with this chapter, for the
201	201	adoption, requisition, distribution, care, use, and disposal of
202	202	textbooks.
203	203	SECTION 13. Section 31.021(b), Education Code, is amended
204	204	to read as follows:
205	205	(b) The State Board of Education shall annually set aside
206	206	out of the available school fund of the state an amount sufficient
207	207	for the agency [board], school districts, and open-enrollment
208	208	charter schools to purchase and distribute the necessary textbooks
209	209	for the use of the students of this state for the following school
210	210	year. The board shall determine the amount of the available school
211	211	fund to set aside for the state textbook fund based on:
212	212	(1) a report by the commissioner issued on July 1 or,
213	213	if that date is a Saturday or Sunday, on the following Monday,
214	214	stating the amount of unobligated money in the fund;
215	215	(2) the commissioner's estimate, based on textbooks
216	216	selected under Section 31.101 and on attendance reports submitted
217	217	under Section 31.103 by school districts and open-enrollment
218	218	charter schools, of the amount of funds, in addition to funds
219	219	reported under Subdivision (1), that will be necessary for purchase
220	220	and distribution of textbooks for the following school year; and
221	221	(3) any amount the board determines should be set
222	222	aside for emergency purposes caused by unexpected increases in
223	223	attendance.
224	224	SECTION 14. Section 31.022, Education Code, is amended to
225	225	read as follows:
226	226	Sec. 31.022. TEXTBOOK REVIEW AND ADOPTION. (a) The agency
227	227	[State Board of Education] shall adopt a review and adoption cycle
228	228	for textbooks for elementary grade levels, including
229	229	prekindergarten, and secondary grade levels, for each subject in
230	230	the required curriculum under Section 28.002.
231	231	(b) The agency [board] shall organize the cycle for subjects
232	232	in the foundation curriculum so that not more than one-sixth of the
233	233	textbooks for subjects in the foundation curriculum are reviewed
234	234	each year. The commissioner [board] shall adopt rules to provide
235	235	for a full and complete investigation of textbooks for each subject
236	236	in the foundation curriculum at least every six years. The adoption
237	237	of textbooks for a subject in the foundation curriculum may be
238	238	extended beyond the six-year period only if the content of
239	239	textbooks for a subject is sufficiently current.
240	240	(c) The commissioner [board] shall adopt rules to provide
241	241	for a full and complete investigation of textbooks for each subject
242	242	in the enrichment curriculum on a cycle the agency [board]
243	243	considers appropriate.
244	244	(d) At least 24 months before the beginning of the school
245	245	year for which textbooks for a particular subject and grade level
246	246	will be purchased under the review and adoption cycle adopted by the
247	247	agency [board], the agency [board] shall publish notice of the
248	248	review and adoption cycle for those textbooks.
249	249	(e) The agency [board] shall designate a request for
250	250	production of textbooks in a subject area and grade level by the
251	251	school year in which the textbooks are intended to be made available
252	252	in classrooms and not by the school year in which the agency [board]
253	253	makes the request for production.
254	254	SECTION 15. Section 31.0221(a), Education Code, is amended
255	255	to read as follows:
256	256	(a) The commissioner [State Board of Education] shall adopt
257	257	rules for the midcycle review and adoption of a textbook for a
258	258	subject for which textbooks are not currently under review by the
259	259	agency [board] under Section 31.022. The rules must require:
260	260	(1) the publisher of the textbook to pay a fee to the
261	261	agency [board] to cover the cost of the midcycle review and adoption
262	262	of the textbook;
263	263	(2) the publisher of the textbook to enter into a
264	264	contract with the agency [board] concerning the textbook for a term
265	265	that ends at the same time as any contract entered into by the
266	266	agency [board] for another textbook for the same subject and grade
267	267	level; and
268	268	(3) a commitment from the publisher to provide the
269	269	textbook to school districts in the manner specified by the
270	270	publisher, which may include:
271	271	(A) providing the textbook to any district in a
272	272	regional education service center area identified by the publisher;
273	273	or
274	274	(B) providing a certain maximum number of
275	275	textbooks specified by the publisher.
276	276	SECTION 16. Section 31.0222, Education Code, is amended to
277	277	read as follows:
278	278	Sec. 31.0222. BUDGET-BALANCED CYCLE. In determining the
279	279	review and adoption cycle of textbooks under Section 31.022, the
280	280	agency [State Board of Education] shall:
281	281	(1) consult with the Legislative Budget Board and the
282	282	governor's office of budget, planning, and policy before approving
283	283	and publishing any notice or amendment of a cycle;
284	284	(2) review and consider:
285	285	(A) historic average funding levels for
286	286	textbooks purchased in previous bienniums;
287	287	(B) expected average costs of future textbook
288	288	purchases;
289	289	(C) anticipated student enrollment in future
290	290	years;
291	291	(D) scheduled revisions to curriculum; and
292	292	(E) the impact on the state budget of the
293	293	adoption of textbooks in all or some grade levels in a subject area;
294	294	and
295	295	(3) limit the cycle to subject areas for which
296	296	textbooks can be purchased with the funding anticipated to be
297	297	available in the state textbook fund for the school year in which
298	298	the textbooks are to be adopted.
299	299	SECTION 17. Section 31.023(a), Education Code, is amended
300	300	to read as follows:
301	301	(a) For each subject and grade level, the agency [State
302	302	Board of Education] shall adopt two lists of textbooks. The
303	303	conforming list includes each textbook submitted for the subject
304	304	and grade level that meets applicable physical specifications
305	305	adopted by the agency [State Board of Education] and contains
306	306	material covering each element of the essential knowledge and
307	307	skills of the subject and grade level in the student version of the
308	308	textbook, as well as in the teacher version of the textbook, as
309	309	determined by the agency [State Board of Education] under Section
310	310	28.002 and adopted under Section 31.024. The nonconforming list
311	311	includes each textbook submitted for the subject and grade level
312	312	that:
313	313	(1) meets applicable physical specifications adopted
314	314	by the agency [State Board of Education];
315	315	(2) contains material covering at least half, but not
316	316	all, of the elements of the essential knowledge and skills of the
317	317	subject and grade level in the student version of the textbook, as
318	318	well as in the teacher version of the textbook; and
319	319	(3) is adopted under Section 31.024.
320	320	SECTION 18. Section 31.024, Education Code, is amended to
321	321	read as follows:
322	322	Sec. 31.024. ADOPTION BY AGENCY [STATE BOARD OF EDUCATION].
323	323	(a) The agency [By majority vote, the State Board of Education]
324	324	shall:
325	325	(1) place each submitted textbook on a conforming or
326	326	nonconforming list; or
327	327	(2) reject a textbook submitted for placement on a
328	328	conforming or nonconforming list.
329	329	(b) Not later than December 1 of the year preceding the
330	330	school year for which the textbooks for a particular subject and
331	331	grade level will be purchased under the cycle adopted by the agency
332	332	[board] under Section 31.022, the agency [board] shall provide the
333	333	lists of adopted textbooks to each school district. Each
334	334	nonconforming list must include the reasons an adopted textbook is
335	335	not eligible for the conforming list.
336	336	SECTION 19. Section 31.025(a), Education Code, is amended
337	337	to read as follows:
338	338	(a) The agency [State Board of Education] shall set a limit
339	339	on the cost that may be paid from the state textbook fund for a
340	340	textbook placed on the conforming or nonconforming list for a
341	341	particular subject and grade level. The agency [board] may not
342	342	reject a textbook for placement on the conforming or nonconforming
343	343	list because the textbook's price exceeds the limit established
344	344	under this subsection.
345	345	SECTION 20. Sections 31.026(a) and (b), Education Code, are
346	346	amended to read as follows:
347	347	(a) The agency [State Board of Education] shall execute a
348	348	contract:
349	349	(1) for the purchase of each adopted textbook other
350	350	than an electronic textbook; and
351	351	(2) for the purchase or licensing of each adopted
352	352	electronic textbook.
353	353	(b) A contract must require the publisher to provide the
354	354	number of textbooks required by school districts in this state for
355	355	the term of the contract, which must coincide with the agency's
356	356	[board's] adoption cycle.
357	357	SECTION 21. Sections 31.028(a), (b), and (c), Education
358	358	Code, are amended to read as follows:
359	359	(a) The agency [State Board of Education] may purchase
360	360	special textbooks for the education of blind and visually impaired
361	361	students in public schools. In addition, for a teacher who is blind
362	362	or visually impaired, the agency [board] shall provide a teacher's
363	363	edition in Braille or large type, as requested by the teacher, for
364	364	each textbook the teacher uses in the instruction of students. The
365	365	teacher edition must be available at the same time the student
366	366	textbooks become available.
367	367	(b) The publisher of an adopted textbook shall provide the
368	368	agency with computerized textbook files for the production of
369	369	Braille textbooks or other versions of textbooks to be used by
370	370	students with disabilities, on request of the agency [State Board
371	371	of Education]. A publisher shall arrange computerized textbook
372	372	files in one of several optional formats specified by the agency
373	373	[State Board of Education].
374	374	(c) The agency [board] may also enter into agreements
375	375	providing for the acceptance, requisition, and distribution of
376	376	special textbooks and instructional aids pursuant to 20 U.S.C.
377	377	Section 101 et seq. for use by students enrolled in:
378	378	(1) public schools; or
379	379	(2) private nonprofit schools, if state funds, other
380	380	than for administrative costs, are not involved.
381	381	SECTION 22. Section 31.029, Education Code, is amended to
382	382	read as follows:
383	383	Sec. 31.029. BILINGUAL TEXTBOOKS. The agency [board] shall
384	384	purchase or otherwise acquire textbooks for use in bilingual
385	385	education classes.
386	386	SECTION 23. Section 31.030, Education Code, is amended to
387	387	read as follows:
388	388	Sec. 31.030. USED TEXTBOOKS. The commissioner [State Board
389	389	of Education] shall adopt rules to ensure that used textbooks sold
390	390	to school districts and open-enrollment charter schools are not
391	391	sample copies that contain factual errors. The rules may provide
392	392	for the imposition of an administrative penalty in accordance with
393	393	Section 31.151 against a seller of used textbooks who knowingly
394	394	violates this section.
395	395	SECTION 24. Sections 31.035(a), (b), and (f), Education
396	396	Code, are amended to read as follows:
397	397	(a) Notwithstanding any other provision of this subchapter,
398	398	the agency [State Board of Education] may adopt supplemental
399	399	textbooks that are not on the conforming or nonconforming list
400	400	under Section 31.023. The agency [State Board of Education] may
401	401	adopt a supplemental textbook under this section only if the
402	402	textbook:
403	403	(1) contains material covering one or more primary
404	404	focal points or primary topics of a subject in the required
405	405	curriculum under Section 28.002, as determined by the agency [State
406	406	Board of Education];
407	407	(2) is not designed to serve as the sole textbook for a
408	408	full course;
409	409	(3) meets applicable physical specifications adopted
410	410	by the agency [State Board of Education]; and
411	411	(4) is free from factual errors.
412	412	(b) The agency [State Board of Education] shall identify the
413	413	essential knowledge and skills identified under Section 28.002 that
414	414	are covered by a supplemental textbook adopted by the agency
415	415	[board] under this section.
416	416	(f) A school district or open-enrollment charter school
417	417	that requisitions supplemental textbooks under Subsection (d)(2)
418	418	shall certify to the agency that the supplemental textbooks, in
419	419	combination with any other textbooks or supplemental textbooks used
420	420	by the district or school, cover the essential knowledge and skills
421	421	identified under Section 28.002 by the agency [State Board of
422	422	Education] for the subject and grade level for which the district or
423	423	school is requisitioning the supplemental textbooks.
424	424	SECTION 25. Sections 31.101(a) and (d), Education Code, are
425	425	amended to read as follows:
426	426	(a) Each year, during a period established by the agency
427	427	[State Board of Education], the board of trustees of each school
428	428	district and the governing body of each open-enrollment charter
429	429	school shall:
430	430	(1) for a subject in the foundation curriculum, notify
431	431	the agency [State Board of Education] of the textbooks selected by
432	432	the board of trustees or governing body for the following school
433	433	year from among the textbooks on the appropriate conforming or
434	434	nonconforming list; or
435	435	(2) for a subject in the enrichment curriculum:
436	436	(A) notify the agency [State Board of Education]
437	437	of each textbook selected by the board of trustees or governing body
438	438	for the following school year from among the textbooks on the
439	439	appropriate conforming or nonconforming list; or
440	440	(B) notify the agency [State Board of Education]
441	441	that the board of trustees or governing body has selected a textbook
442	442	that is not on the conforming or nonconforming list.
443	443	(d) For a textbook that is not on the conforming or
444	444	nonconforming list, a school district or open-enrollment charter
445	445	school must use the textbook for the period of the review and
446	446	adoption cycle the agency [State Board of Education] has
447	447	established for the subject and grade level for which the textbook
448	448	is used.
449	449	SECTION 26. Section 31.103(b), Education Code, is amended
450	450	to read as follows:
451	451	(b) A requisition for textbooks for the following school
452	452	year shall be based on the maximum attendance reports under
453	453	Subsection (a), plus an additional 10 percent, except as otherwise
454	454	provided. A school district or open-enrollment charter school
455	455	shall make a requisition for a textbook on the conforming or
456	456	nonconforming list through the commissioner to the state depository
457	457	designated by the publisher or as provided by commissioner [State
458	458	Board of Education] rule, as applicable, not later than June 1 of
459	459	each year. The designated state depository or, if the publisher or
460	460	manufacturer does not have a designated textbook depository in this
461	461	state under Section 31.151(a)(6)(B), the publisher or manufacturer
462	462	shall fill a requisition approved by the agency at any other time in
463	463	the case of an emergency. As made necessary by available funds, the
464	464	commissioner shall reduce the additional percentage of attendance
465	465	for which a district or school may requisition textbooks. The
466	466	commissioner may, on application of a district or school that is
467	467	experiencing high enrollment growth, increase the additional
468	468	percentage of attendance for which the district or school may
469	469	requisition textbooks.
470	470	SECTION 27. Section 31.1031, Education Code, is amended to
471	471	read as follows:
472	472	Sec. 31.1031. SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
473	473	school district or open-enrollment charter school does not have a
474	474	sufficient number of copies of a textbook used by the district or
475	475	school for use during the following school year, and a sufficient
476	476	number of additional copies will not be available from the
477	477	depository or the publisher within the time specified by Section
478	478	31.151(a)(8), the district or school is entitled to:
479	479	(1) be reimbursed from the state textbook fund, at a
480	480	rate and in the manner provided by commissioner [State Board of
481	481	Education] rule, for the purchase of a sufficient number of used
482	482	adopted textbooks; or
483	483	(2) return currently used textbooks to the
484	484	commissioner in exchange for sufficient copies, if available, of
485	485	other textbooks on the conforming or nonconforming list to be used
486	486	during the following school year.
487	487	SECTION 28. Sections 31.151(a), (b), and (c), Education
488	488	Code, are amended to read as follows:
489	489	(a) A publisher or manufacturer of textbooks:
490	490	(1) shall furnish any textbook the publisher or
491	491	manufacturer offers in this state, at a price that does not exceed
492	492	the lowest price at which the publisher offers that textbook for
493	493	adoption or sale to any state, public school, or school district in
494	494	the United States;
495	495	(2) shall automatically reduce the price of a textbook
496	496	sold for use in a school district or open-enrollment charter school
497	497	to the extent that the price is reduced elsewhere in the United
498	498	States;
499	499	(3) shall provide any textbook or ancillary item free
500	500	of charge in this state to the same extent that the publisher or
501	501	manufacturer provides the textbook or ancillary item free of charge
502	502	to any state, public school, or school district in the United
503	503	States;
504	504	(4) shall guarantee that each copy of a textbook sold
505	505	in this state is at least equal in quality to copies of that
506	506	textbook sold elsewhere in the United States and is free from
507	507	factual error;
508	508	(5) may not become associated or connected with,
509	509	directly or indirectly, any combination in restraint of trade in
510	510	textbooks or enter into any understanding or combination to control
511	511	prices or restrict competition in the sale of textbooks for use in
512	512	this state;
513	513	(6) shall:
514	514	(A) maintain a depository in this state or
515	515	arrange with a depository in this state to receive and fill orders
516	516	for textbooks, other than on-line textbooks or on-line textbook
517	517	components, consistent with commissioner [State Board of
518	518	Education] rules; or
519	519	(B) deliver textbooks to a school district or
520	520	open-enrollment charter school without a delivery charge to the
521	521	school district, open-enrollment charter school, or state, if:
522	522	(i) the publisher or manufacturer does not
523	523	maintain or arrange with a depository in this state under Paragraph
524	524	(A) and the publisher's or manufacturer's textbooks and related
525	525	products are warehoused or otherwise stored less than 300 miles
526	526	from a border of this state; or
527	527	(ii) the textbooks are on-line textbooks or
528	528	on-line textbook components;
529	529	(7) shall, at the time an order for textbooks is
530	530	acknowledged, provide to school districts or open-enrollment
531	531	charter schools an accurate shipping date for textbooks that are
532	532	back-ordered;
533	533	(8) shall guarantee delivery of textbooks at least 10
534	534	business days before the opening day of school of the year for which
535	535	the textbooks are ordered if the textbooks are ordered by a date
536	536	specified in the sales contract; and
537	537	(9) shall submit to the agency [State Board of
538	538	Education] an affidavit certifying any textbook the publisher or
539	539	manufacturer offers in this state to be free of factual errors at
540	540	the time the publisher executes the contract required by Section
541	541	31.026.
542	542	(b) The commissioner [State Board of Education] may impose a
543	543	reasonable administrative penalty against a publisher or
544	544	manufacturer who knowingly violates Subsection (a). The
545	545	commissioner [board] shall provide for a hearing to be held to
546	546	determine whether a penalty is to be imposed and, if so, the amount
547	547	of the penalty. The commissioner [board] shall base the amount of
548	548	the penalty on:
549	549	(1) the seriousness of the violation;
550	550	(2) any history of a previous violation;
551	551	(3) the amount necessary to deter a future violation;
552	552	(4) any effort to correct the violation; and
553	553	(5) any other matter justice requires.
554	554	(c) A hearing under Subsection (b) shall be held according
555	555	to rules adopted by the commissioner [State Board of Education].
556	556	SECTION 29. Section 31.201, Education Code, is amended to
557	557	read as follows:
558	558	Sec. 31.201. DISPOSITION OF TEXTBOOKS. (a) The
559	559	commissioner[, with the approval of the State Board of Education,]
560	560	may provide for the disposition of:
561	561	(1) textbooks, other than electronic textbooks, that
562	562	are no longer in acceptable condition to be used for instructional
563	563	purposes; or
564	564	(2) discontinued textbooks, other than electronic
565	565	textbooks.
566	566	(b) The commissioner, as provided by rules adopted by the
567	567	commissioner [State Board of Education], shall make available on
568	568	request copies of discontinued textbooks, other than electronic
569	569	textbooks, for use in libraries maintained in municipal and county
570	570	jails and facilities of the institutional division of the Texas
571	571	Department of Criminal Justice and other state agencies.
572	572	(c) The commissioner [State Board of Education] shall adopt
573	573	rules under which a school district or open-enrollment charter
574	574	school may donate discontinued textbooks, other than electronic
575	575	textbooks, to a student, to an adult education program, or to a
576	576	nonprofit organization.
577	577	SECTION 30. Sections 32.034(a), (c), (d), and (e),
578	578	Education Code, are amended to read as follows:
579	579	(a) The commissioner[, as provided by State Board of
580	580	Education policy,] may enter into an interagency contract with a
581	581	public institution of higher education or a consortium of public
582	582	institutions of higher education in this state to sponsor a center
583	583	for educational technology under this section.
584	584	(c) The membership of the center shall consist of public
585	585	school educators, regional education service centers, institutions
586	586	of higher education, nonprofit organizations, and private sector
587	587	representatives. The commissioner [State Board of Education] shall
588	588	establish membership policies for the center.
589	589	(d) The board of directors of the center is composed of the
590	590	commissioner or the commissioner's representative and other
591	591	persons [shall be] appointed by the commissioner, as follows [State
592	592	Board of Education and shall consist of]:
593	593	(1) representatives of the center, including members
594	594	of the public education system; and
595	595	(2) a representative of each sponsoring institution of
596	596	higher education[; and
597	597	[(3) the commissioner or the commissioner's
598	598	representative].
599	599	(e) The board of directors shall:
600	600	(1) employ a director for the center;
601	601	(2) establish priorities for the center's activities;
602	602	and
603	603	(3) report annually on the operation, projects, and
604	604	fiscal affairs of the center to the commissioner if the
605	605	commissioner does not serve on the board and to [State Board of
606	606	Education and] the membership of the center.
607	607	SECTION 31. Sections 33.084(a) and (e), Education Code, are
608	608	amended to read as follows:
609	609	(a) The interscholastic league advisory council is composed
610	610	of:
611	611	(1) the commissioner [two members of the State Board
612	612	of Education appointed by the chair of the board];
613	613	(2) a member of the house of representatives appointed
614	614	by the speaker of the house;
615	615	(3) a member of the senate appointed by the lieutenant
616	616	governor;
617	617	(4) two members of the legislative council of the
618	618	University Interscholastic League appointed by the chairman of the
619	619	council;
620	620	(5) two public school board members appointed by the
621	621	commissioner; and
622	622	(6) four [three] members of the public appointed by
623	623	the commissioner.
624	624	(e) The advisory council shall review the rules of the
625	625	University Interscholastic League and shall make recommendations
626	626	relating to the rules to the governor, the legislature, the
627	627	legislative council of the University Interscholastic League, and
628	628	the commissioner [State Board of Education].
629	629	SECTION 32. Section 37.216(a), Education Code, is amended
630	630	to read as follows:
631	631	(a) Not later than September 1 of each year, the board shall
632	632	provide a report to the governor, the legislature, [the State Board
633	633	of Education,] and the agency.
634	634	SECTION 33. Section 39.026, Education Code, is amended to
635	635	read as follows:
636	636	Sec. 39.026. LOCAL OPTION. In addition to the assessment
637	637	instruments adopted and administered by the agency [and
638	638	administered by the State Board of Education], a school district
639	639	may adopt and administer criterion-referenced or norm-referenced
640	640	assessment instruments, or both, at any grade level. A
641	641	norm-referenced assessment instrument adopted under this section
642	642	must be economical, nationally recognized, and state-approved.
643	643	SECTION 34. Section 39.054, Education Code, is amended to
644	644	read as follows:
645	645	Sec. 39.054. USES OF PERFORMANCE REPORT. The information
646	646	required to be reported under Section 39.053 shall be:
647	647	(1) the subject of public hearings or meetings
648	648	required under Sections 11.252, 11.253, and 39.053;
649	649	(2) a primary consideration in district and campus
650	650	planning; and
651	651	(3) a primary consideration of:
652	652	(A) [the State Board of Education in the
653	653	evaluation of the performance of the commissioner;
654	654	[(B)] the commissioner in the evaluation of the
655	655	performance of the directors of the regional education service
656	656	centers;
657	657	(B) [(C)] the board of trustees of a school
658	658	district in the evaluation of the performance of the superintendent
659	659	of the district; and
660	660	(C) [(D)] the superintendent in the evaluation
661	661	of the performance of the district's campus principals.
662	662	SECTION 35. Section 39.071(b), Education Code, is amended
663	663	to read as follows:
664	664	(b) Each year, the commissioner shall determine the
665	665	accreditation status of each school district. In determining
666	666	accreditation status, the commissioner:
667	667	(1) shall evaluate and consider the performance of the
668	668	district under:
669	669	(A) the academic accountability system under
670	670	Section 39.072; and
671	671	(B) the financial accountability rating system
672	672	under Subchapter I; and
673	673	(2) may consider:
674	674	(A) the district's compliance with statutory
675	675	requirements and requirements imposed by rule of the commissioner
676	676	[or State Board of Education] under specific statutory authority
677	677	that relate to:
678	678	(i) reporting data through the Public
679	679	Education Information Management System (PEIMS) or other reports
680	680	required by state or federal law or court order;
681	681	(ii) the high school graduation
682	682	requirements under Section 28.025; or
683	683	(iii) an item listed under Sections
684	684	7.056(e)(3)(C)-(I) that applies to the district;
685	685	(B) the effectiveness of the district's programs
686	686	for special populations; and
687	687	(C) the effectiveness of the district's career
688	688	and technology program.
689	689	SECTION 36. Sections 39.181(d) and (e), Education Code, are
690	690	amended to read as follows:
691	691	(d) Subsections (a) and (b) apply to any report required by
692	692	statute that the agency [or the State Board of Education] must
693	693	prepare and deliver to the governor, lieutenant governor, speaker
694	694	of the house of representatives, or legislature.
695	695	(e) Unless otherwise provided by law, any report required by
696	696	statute that the agency [or the State Board of Education] must
697	697	prepare and deliver to the governor, lieutenant governor, speaker
698	698	of the house of representatives, or legislature may be combined, at
699	699	the discretion of the commissioner, with a report required by this
700	700	subchapter.
701	701	SECTION 37. Section 39.182(a), Education Code, is amended
702	702	to read as follows:
703	703	(a) Not later than December 1 of each year, the agency shall
704	704	prepare and deliver to the governor, the lieutenant governor, the
705	705	speaker of the house of representatives, each member of the
706	706	legislature, the Legislative Budget Board, and the clerks of the
707	707	standing committees of the senate and house of representatives with
708	708	primary jurisdiction over the public school system a comprehensive
709	709	report covering the preceding school year and containing:
710	710	(1) an evaluation of the achievements of the state
711	711	educational program in relation to the statutory goals for the
712	712	public education system under Section 4.002;
713	713	(2) an evaluation of the status of education in the
714	714	state as reflected by the academic excellence indicators adopted
715	715	under Section 39.051;
716	716	(3) a summary compilation of overall student
717	717	performance on academic skills assessment instruments required by
718	718	Section 39.023 with the number and percentage of students exempted
719	719	from the administration of those instruments and the basis of the
720	720	exemptions, aggregated by grade level, subject area, campus, and
721	721	district, with appropriate interpretations and analysis, and
722	722	disaggregated by race, ethnicity, gender, and socioeconomic
723	723	status;
724	724	(4) a summary compilation of overall performance of
725	725	students placed in a disciplinary alternative education program
726	726	established under Section 37.008 on academic skills assessment
727	727	instruments required by Section 39.023 with the number of those
728	728	students exempted from the administration of those instruments and
729	729	the basis of the exemptions, aggregated by district, grade level,
730	730	and subject area, with appropriate interpretations and analysis,
731	731	and disaggregated by race, ethnicity, gender, and socioeconomic
732	732	status;
733	733	(5) a summary compilation of overall performance of
734	734	students at risk of dropping out of school, as defined by Section
735	735	29.081(d), on academic skills assessment instruments required by
736	736	Section 39.023 with the number of those students exempted from the
737	737	administration of those instruments and the basis of the
738	738	exemptions, aggregated by district, grade level, and subject area,
739	739	with appropriate interpretations and analysis, and disaggregated
740	740	by race, ethnicity, gender, and socioeconomic status;
741	741	(6) an evaluation of the correlation between student
742	742	grades and student performance on academic skills assessment
743	743	instruments required by Section 39.023;
744	744	(7) a statement of the dropout rate of students in
745	745	grade levels 7 through 12, expressed in the aggregate and by grade
746	746	level, and a statement of the completion rates of students for grade
747	747	levels 9 through 12;
748	748	(8) a statement of:
749	749	(A) the completion rate of students who enter
750	750	grade level 9 and graduate not more than four years later;
751	751	(B) the completion rate of students who enter
752	752	grade level 9 and graduate, including students who require more
753	753	than four years to graduate;
754	754	(C) the completion rate of students who enter
755	755	grade level 9 and not more than four years later receive a high
756	756	school equivalency certificate;
757	757	(D) the completion rate of students who enter
758	758	grade level 9 and receive a high school equivalency certificate,
759	759	including students who require more than four years to receive a
760	760	certificate; and
761	761	(E) the number and percentage of all students who
762	762	have not been accounted for under Paragraph (A), (B), (C), or (D);
763	763	(9) a statement of the projected cross-sectional and
764	764	longitudinal dropout rates for grade levels 9 through 12 for the
765	765	next five years, assuming no state action is taken to reduce the
766	766	dropout rate;
767	767	(10) a description of a systematic, measurable plan
768	768	for reducing the projected cross-sectional and longitudinal
769	769	dropout rates to five percent or less for the 1997-1998 school year;
770	770	(11) a summary of the information required by Section
771	771	29.083 regarding grade level retention of students and information
772	772	concerning:
773	773	(A) the number and percentage of students
774	774	retained; and
775	775	(B) the performance of retained students on
776	776	assessment instruments required under Section 39.023(a);
777	777	(12) information, aggregated by district type and
778	778	disaggregated by race, ethnicity, gender, and socioeconomic
779	779	status, on:
780	780	(A) the number of students placed in a
781	781	disciplinary alternative education program established under
782	782	Section 37.008;
783	783	(B) the average length of a student's placement
784	784	in a disciplinary alternative education program established under
785	785	Section 37.008;
786	786	(C) the academic performance of students on
787	787	assessment instruments required under Section 39.023(a) during the
788	788	year preceding and during the year following placement in a
789	789	disciplinary alternative education program; and
790	790	(D) the dropout rates of students who have been
791	791	placed in a disciplinary alternative education program established
792	792	under Section 37.008;
793	793	(13) a list of each school district or campus that does
794	794	not satisfy performance standards, with an explanation of the
795	795	actions taken by the commissioner to improve student performance in
796	796	the district or campus and an evaluation of the results of those
797	797	actions;
798	798	(14) an evaluation of the status of the curriculum
799	799	taught in public schools, with recommendations for legislative
800	800	changes necessary to improve or modify the curriculum required by
801	801	Section 28.002;
802	802	(15) a description of all funds received by and each
803	803	activity and expenditure of the agency;
804	804	(16) a summary and analysis of the instructional
805	805	expenditures ratios and instructional employees ratios of school
806	806	districts computed under Section 44.0071;
807	807	(17) a summary of the effect of deregulation,
808	808	including exemptions and waivers granted under Section 7.056 or
809	809	39.112;
810	810	(18) a statement of the total number and length of
811	811	reports that school districts and school district employees must
812	812	submit to the agency, identifying which reports are required by
813	813	federal statute or rule, state statute, or agency rule, and a
814	814	summary of the agency's efforts to reduce overall reporting
815	815	requirements;
816	816	(19) a list of each school district that is not in
817	817	compliance with state special education requirements, including:
818	818	(A) the period for which the district has not
819	819	been in compliance;
820	820	(B) the manner in which the agency considered the
821	821	district's failure to comply in determining the district's
822	822	accreditation status; and
823	823	(C) an explanation of the actions taken by the
824	824	commissioner to ensure compliance and an evaluation of the results
825	825	of those actions;
826	826	(20) a comparison of the performance of
827	827	open-enrollment charter schools and school districts on the
828	828	academic excellence indicators specified in Section 39.051(b) and
829	829	accountability measures adopted under Section 39.051(g), with a
830	830	separately aggregated comparison of the performance of
831	831	open-enrollment charter schools predominantly serving students at
832	832	risk of dropping out of school, as defined by Section 29.081(d),
833	833	with the performance of school districts;
834	834	(21) a summary of the information required by Section
835	835	38.0141 regarding student health and physical activity from each
836	836	school district;
837	837	(22) a summary compilation of overall student
838	838	performance under the assessment system developed to evaluate the
839	839	longitudinal academic progress as required by Section 39.027(e),
840	840	disaggregated by bilingual education or special language program
841	841	instructional model, if any; and
842	842	(23) any additional information considered important
843	843	by the commissioner [or the State Board of Education].
844	844	SECTION 38. Section 42.004, Education Code, is amended to
845	845	read as follows:
846	846	Sec. 42.004. ADMINISTRATION OF THE PROGRAM. The
847	847	commissioner, in accordance with the rules of the commissioner
848	848	[State Board of Education], shall take such action and require such
849	849	reports consistent with this chapter as may be necessary to
850	850	implement and administer the Foundation School Program.
851	851	SECTION 39. Section 105.302(b), Education Code, is amended
852	852	to read as follows:
853	853	(b) Each of the following shall appoint one member to serve
854	854	on the advisory board:
855	855	(1) the commissioner of education [chairman of the
856	856	State Board of Education];
857	857	(2) the commissioner of higher education;
858	858	(3) the president of the Texas Association of School
859	859	Administrators;
860	860	(4) the president of the Texas Association for the
861	861	Gifted and Talented;
862	862	(5) the governor;
863	863	(6) the lieutenant governor; and
864	864	(7) the speaker of the Texas House of Representatives.
865	865	SECTION 40. Article 45.054(a), Code of Criminal Procedure,
866	866	is amended to read as follows:
867	867	(a) On a finding by a county, justice, or municipal court
868	868	that an individual has committed an offense under Section 25.094,
869	869	Education Code, the court has jurisdiction to enter an order that
870	870	includes one or more of the following provisions requiring that:
871	871	(1) the individual:
872	872	(A) attend school without unexcused absences;
873	873	(B) attend a preparatory class for the high
874	874	school equivalency examination administered under Section 7.035
875	875	[7.111], Education Code, if the court determines that the
876	876	individual is too old to do well in a formal classroom environment;
877	877	or
878	878	(C) if the individual is at least 16 years of age,
879	879	take the high school equivalency examination administered under
880	880	Section 7.035 [7.111], Education Code;
881	881	(2) the individual attend a special program that the
882	882	court determines to be in the best interest of the individual,
883	883	including:
884	884	(A) an alcohol and drug abuse program;
885	885	(B) a rehabilitation program;
886	886	(C) a counseling program, including
887	887	self-improvement counseling;
888	888	(D) a program that provides training in
889	889	self-esteem and leadership;
890	890	(E) a work and job skills training program;
891	891	(F) a program that provides training in
892	892	parenting, including parental responsibility;
893	893	(G) a program that provides training in manners;
894	894	(H) a program that provides training in violence
895	895	avoidance;
896	896	(I) a program that provides sensitivity
897	897	training; and
898	898	(J) a program that provides training in advocacy
899	899	and mentoring;
900	900	(3) the individual and the individual's parent attend
901	901	a class for students at risk of dropping out of school designed for
902	902	both the individual and the individual's parent;
903	903	(4) the individual complete reasonable community
904	904	service requirements; or
905	905	(5) for the total number of hours ordered by the court,
906	906	the individual participate in a tutorial program covering the
907	907	academic subjects in which the student is enrolled provided by the
908	908	school the individual attends.
909	909	SECTION 41. Section 29.087(d), Education Code, is amended
910	910	to read as follows:
911	911	(d) A student is eligible to participate in a program
912	912	authorized by this section if:
913	913	(1) the student has been ordered by a court under
914	914	Article 45.054, Code of Criminal Procedure, [as added by Chapter
915	915	1514, Acts of the 77th Legislature, Regular Session, 2001,] or by
916	916	the Texas Youth Commission to:
917	917	(A) participate in a preparatory class for the
918	918	high school equivalency examination; or
919	919	(B) take the high school equivalency examination
920	920	administered under Section 7.035 [7.111]; or
921	921	(2) the following conditions are satisfied:
922	922	(A) the student is at least 16 years of age at the
923	923	beginning of the school year or semester;
924	924	(B) the student is a student at risk of dropping
925	925	out of school, as defined by Section 29.081;
926	926	(C) the student and the student's parent or
927	927	guardian agree in writing to the student's participation;
928	928	(D) at least two school years have elapsed since
929	929	the student first enrolled in ninth grade and the student has
930	930	accumulated less than one third of the credits required to graduate
931	931	under the minimum graduation requirements of the district or
932	932	school; and
933	933	(E) any other conditions specified by the
934	934	commissioner.
935	935	SECTION 42. Effective May 1, 2010, Sections 7.102(b), (c),
936	936	(e), and (f), Education Code, are repealed.
937	937	SECTION 43. (a) Effective May 1, 2010:
938	938	(1) all functions and activities performed by the
939	939	State Board of Education immediately before that date, other than
940	940	functions and activities assigned to the board by the constitution
941	941	of this state, are transferred to the Texas Education Agency;
942	942	(2) a rule, form, policy, procedure, or decision of
943	943	the State Board of Education, other than a rule, form, policy,
944	944	procedure, or decision relating to a function or activity assigned
945	945	to the board by the constitution of this state, continues in effect
946	946	as a rule, form, policy, procedure, or decision of the Texas
947	947	Education Agency and remains in effect until amended or replaced by
948	948	the commissioner of education;
949	949	(3) a rule of the State Board for Educator
950	950	Certification approved by the State Board of Education remains in
951	951	effect until amended or replaced as provided by law;
952	952	(4) a reference in law or an administrative rule to the
953	953	State Board of Education or to the State Board for Career and
954	954	Technology Education means the Texas Education Agency, other than a
955	955	reference:
956	956	(A) to the State Board of Education relating to a
957	957	function or activity assigned to the board by the constitution of
958	958	this state; or
959	959	(B) under Section 86.22 or 133.006(b), Education
960	960	Code, or another law similarly referring to a past action taken by
961	961	the State Board of Education;
962	962	(5) all money, contracts, leases, rights, property,
963	963	records, and bonds and other obligations of the State Board of
964	964	Education are transferred to the Texas Education Agency, except
965	965	that:
966	966	(A) money or a contract, lease, right, property,
967	967	record, or bond or other obligation relating to a function or
968	968	activity assigned to the board by the constitution of this state is
969	969	not transferred; and
970	970	(B) a contract under Section 12.112, Education
971	971	Code, is transferred to the commissioner of education;
972	972	(6) a court case, administrative proceeding, contract
973	973	negotiation, or other proceeding involving the State Board of
974	974	Education, other than a proceeding relating to a function or
975	975	activity assigned to the board by the constitution of this state, is
976	976	transferred without change in status to the Texas Education Agency,
977	977	and the Texas Education Agency assumes, without a change in status,
978	978	the position of the State Board of Education in a negotiation or
979	979	proceeding relating to an activity transferred by this Act to the
980	980	Texas Education Agency to which the State Board of Education is a
981	981	party;
982	982	(7) an employee of the State Board of Education, other
983	983	than an employee whose duties relate solely or primarily to a
984	984	function or activity assigned to the board by the constitution of
985	985	this state, becomes an employee of the Texas Education Agency; and
986	986	(8) any unexpended and unobligated balance of money
987	987	appropriated by the legislature for the State Board of Education,
988	988	other than money appropriated to enable the board to carry out a
989	989	function or activity assigned by the constitution of this state, is
990	990	transferred to the Texas Education Agency.
991	991	(b) In the period beginning on January 1, 2010, and ending
992	992	on April 30, 2010:
993	993	(1) the State Board of Education shall continue to
994	994	perform functions and activities under the Education Code or other
995	995	law as if the law had not been amended or repealed, as applicable,
996	996	and the former law is continued in effect for that purpose; and
997	997	(2) a person who is authorized or required by law to
998	998	take an action relating to the State Board of Education or a member
999	999	of the State Board of Education shall continue to take that action
1000	1000	under the law as if the law had not been amended or repealed, as
1001	1001	applicable, and the former law is continued in effect for that
1002	1002	purpose.
1003	1003	SECTION 44. Before May 1, 2010, the State Board of Education
1004	1004	may agree with the Texas Education Agency to transfer any property
1005	1005	of the State Board of Education to the Texas Education Agency to
1006	1006	implement the transfer required by Section 43 of this Act.
1007	1007	SECTION 45. Section 12.112, Education Code, as amended by
1008	1008	this Act, applies only to the required signatories of a charter for
1009	1009	an open-enrollment charter school in the case of a charter entered
1010	1010	into on or after May 1, 2010. The required signatories of a charter
1011	1011	for an open-enrollment charter school in the case of a charter
1012	1012	entered into before May 1, 2010, are governed by the law in effect
1013	1013	on the date the charter is entered into, and the former law is
1014	1014	continued in effect for that purpose.
1015	1015	SECTION 46. This Act does not affect the reference to the
1016	1016	state board of education under Section 143.112(1)(A), Local
1017	1017	Government Code, or a similar reference to the extent that the
1018	1018	reference is to the state board of education of another state.
1019	1019	SECTION 47. This Act takes effect January 1, 2010.