| 1 | 1 | | By: Leibowitz, et al. (Senate Sponsor - Van de Putte) H.B. No. 350 |
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| 2 | 2 | | (In the Senate - Received from the House April 1, 2009; |
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| 3 | 3 | | April 27, 2009, read first time and referred to Committee on |
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| 4 | 4 | | Education; May 20, 2009, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 5, Nays 1; May 20, 2009, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to use of school district resources for athletic or |
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| 11 | 11 | | instructional facilities. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 11.168, Education Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | Sec. 11.168. USE OF DISTRICT RESOURCES PROHIBITED FOR |
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| 16 | 16 | | CERTAIN PURPOSES. Except as provided by Section 45.109(a-1), the |
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| 17 | 17 | | [The] board of trustees of a school district may not enter into an |
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| 18 | 18 | | agreement authorizing the use of school district employees, |
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| 19 | 19 | | property, or resources for the provision of materials or labor for |
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| 20 | 20 | | the design, construction, or renovation of improvements to real |
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| 21 | 21 | | property not owned or leased by the district. |
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| 22 | 22 | | SECTION 2. Section 45.109, Education Code, is amended by |
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| 23 | 23 | | adding Subsection (a-1) to read as follows: |
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| 24 | 24 | | (a-1) An independent school district and an institution of |
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| 25 | 25 | | higher education, as defined by Section 61.003, located wholly or |
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| 26 | 26 | | partially in the boundaries of the county in which the district is |
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| 27 | 27 | | located may contract for the district to contribute district |
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| 28 | 28 | | resources to pay a portion of the costs of the design or |
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| 29 | 29 | | construction of an instructional facility or a stadium or other |
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| 30 | 30 | | athletic facilities owned by or under the control of the |
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| 31 | 31 | | institution of higher education. A district may contribute |
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| 32 | 32 | | district resources under this subsection only if the district and |
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| 33 | 33 | | the institution of higher education enter into a written agreement |
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| 34 | 34 | | authorizing the district to use that facility. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2009. |
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| 40 | 40 | | * * * * * |
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