Texas 2009 - 81st Regular

Texas House Bill HB905 Compare Versions

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11 81R698 PAM-D
22 By: Dutton H.B. No. 905
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to procedures for management of certain public school
88 campuses and school districts identified as academically
99 unacceptable.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 39.135, Education Code, is amended by
1212 amending Subsection (b) and adding Subsection (b-1) to read as
1313 follows:
1414 (b) On or before the 90th day after the date the conservator
1515 or management team is appointed [At least every 90 days], the
1616 commissioner shall review the need for the conservator or
1717 management team and shall remove the conservator or management team
1818 unless the commissioner determines that continued appointment is
1919 necessary for effective governance of the district or delivery of
2020 instructional services. The commissioner shall remove the
2121 conservator or management team on or before the 180th day after the
2222 date of appointment.
2323 (b-1) Every 90 days, the conservator or management team
2424 shall file a report with the governor, the speaker of the house of
2525 representatives, the lieutenant governor, and each state
2626 representative and senator who represents any part of the area in
2727 which the school district is located. The report must indicate the
2828 current status of the district, including any progress made since
2929 the appointment or last report, as applicable, problems identified,
3030 and solutions suggested or implemented.
3131 SECTION 2. Subchapter G, Chapter 39, Education Code, is
3232 amended by adding Section 39.1351 to read as follows:
3333 Sec. 39.1351. MONITOR. (a) Every 90 days, a monitor
3434 appointed to participate in and report to the agency on activities
3535 of the board of trustees or the superintendent under this
3636 subchapter shall file a report with the governor, the speaker of the
3737 house of representatives, the lieutenant governor, and each state
3838 representative and senator who represents any part of the area in
3939 which the district is located. The report must indicate the current
4040 status of the district, including any progress made since the
4141 appointment or last report, as applicable, problems identified, and
4242 solutions suggested or implemented.
4343 (b) The commissioner shall remove the monitor on or before
4444 the 180th day after the date of appointment.
4545 SECTION 3. Section 39.136, Education Code, is amended by
4646 adding Subsection (c-1) and amending Subsection (e) to read as
4747 follows:
4848 (c-1) Every 90 days, the board of managers shall file a
4949 report with the governor, the speaker of the house of
5050 representatives, the lieutenant governor, and each state
5151 representative and senator who represents any part of the area in
5252 which the district is located. The report must indicate the current
5353 status of the district, including any progress made since the
5454 appointment or last report, as applicable, problems identified, and
5555 solutions suggested or implemented.
5656 (e) At the direction of the commissioner but not later than
5757 the 180th day after [second anniversary of] the date the board of
5858 managers of a district was appointed, the board of managers shall
5959 order an election of members of the district board of trustees. The
6060 election must be held on a uniform election date on which an
6161 election of district trustees may be held under Section 41.001,
6262 Election Code, that is at least 180 days after the date the election
6363 was ordered. On qualification of members for office, the board of
6464 trustees assumes all of the powers and duties assigned to a board of
6565 trustees by law, rule, or regulation.
6666 SECTION 4. Subchapter G, Chapter 39, Education Code, as
6767 amended by this Act, applies only to a monitor, conservator,
6868 management team, or board of managers of a school district
6969 appointed on or after the effective date of this Act.
7070 SECTION 5. This Act takes effect immediately if it receives
7171 a vote of two-thirds of all the members elected to each house, as
7272 provided by Section 39, Article III, Texas Constitution. If this
7373 Act does not receive the vote necessary for immediate effect, this
7474 Act takes effect September 1, 2009.