By: Leibowitz, et al. (Senate Sponsor - Van de Putte) H.B. No. 350
(In the Senate - Received from the House April 1, 2009;
April 27, 2009, read first time and referred to Committee on
Education; May 20, 2009, reported favorably by the following vote:
Yeas 5, Nays 1; May 20, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to use of school district resources for athletic or
instructional facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.168, Education Code, is amended to
read as follows:
Sec. 11.168. USE OF DISTRICT RESOURCES PROHIBITED FOR
CERTAIN PURPOSES. Except as provided by Section 45.109(a-1), the
[The] board of trustees of a school district may not enter into an
agreement authorizing the use of school district employees,
property, or resources for the provision of materials or labor for
the design, construction, or renovation of improvements to real
property not owned or leased by the district.
SECTION 2. Section 45.109, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) An independent school district and an institution of
higher education, as defined by Section 61.003, located wholly or
partially in the boundaries of the county in which the district is
located may contract for the district to contribute district
resources to pay a portion of the costs of the design or
construction of an instructional facility or a stadium or other
athletic facilities owned by or under the control of the
institution of higher education. A district may contribute
district resources under this subsection only if the district and
the institution of higher education enter into a written agreement
authorizing the district to use that facility.
SECTION 3. 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.
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