81R1096 EAH-D By: Watson S.B. No. 186 A BILL TO BE ENTITLED AN ACT relating to eligible recipients of certain grants awarded by the commissioner of education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.917, Education Code, is amended by adding Subsection (d) to read as follows: (d) This section does not authorize the commissioner to award a grant to an organization to provide a comprehensive educational program to students that serves as a substitute for a regular educational program provided by a school district or open-enrollment charter school. This section authorizes the commissioner to award a grant to an organization only for the provision of supplemental programs described by Subsection (a). SECTION 2. Section 39.361(c), Education Code, is amended to read as follows: (c) The commissioner of education or the commissioner of higher education, as applicable, shall consider the council's recommendations and based on those recommendations may award grants to school districts, open-enrollment charter schools, institutions of higher education, and regional education service centers[, and nonprofit organizations] to meet the goals of the council's strategic plan. SECTION 3. Subchapter L, Chapter 39, Education Code, is amended by adding Section 39.367 to read as follows: Sec. 39.367. CERTAIN GRANTS TO NONPROFIT ORGANIZATIONS NOT AUTHORIZED. This subchapter does not authorize the commissioner to award a grant to a nonprofit organization to provide a comprehensive educational program to students that serves as a substitute for a regular educational program provided by a school district or open-enrollment charter school. SECTION 4. It is the intent of the legislature that the grants that may not be awarded to an organization or nonprofit organization under Sections 29.917(d) and 39.367, Education Code, as added by this Act, include dropout recovery grants, such as the grants awarded in 2008 in response to the Texas Education Agency's Request for Applications (RFA) 701-08-116. 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.