S.B. No. 2178 AN ACT relating to the establishment by the commissioner of education of a computer lending pilot program for public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 32, Education Code, is amended by adding Subchapter H to read as follows: SUBCHAPTER H. COMPUTER LENDING PILOT PROGRAM Sec. 32.351. ESTABLISHMENT OF PILOT PROGRAM. The commissioner by rule shall establish a computer lending pilot program to provide computers to participating public schools that make computers available for use by students and their parents. Sec. 32.352. PILOT PROGRAM ADMINISTRATION. The commissioner shall establish procedures for the administration of the pilot program, including procedures for distributing to participating public schools: (1) any surplus or salvage data processing equipment available for distribution under the pilot program; or (2) computers donated or purchased for that purpose with funds from any available source, including a foundation, private entity, governmental entity, and institution of higher education. Sec. 32.353. ELIGIBLE SCHOOLS. A public school is eligible to participate in the pilot program if: (1) 50 percent or more of the students enrolled in the school are educationally disadvantaged; and (2) the school operates or agrees to operate a computer lending program that: (A) allows students and parents to borrow a computer; (B) includes an option for students and parents to work toward owning a computer initially borrowed under the school's lending program, subject to any applicable legal restrictions regarding disposition of the computer involved; (C) provides computer training for students and parents; and (D) operates outside regular school hours, including operation until at least 7 p.m. on at least three days each week. Sec. 32.354. ANNUAL REPORT. Not later than January 1 of each year, the commissioner shall submit a report to the legislature regarding the computer lending pilot program established under this subchapter. Sec. 32.355. EXPIRATION. This subchapter expires September 1, 2014. SECTION 2. Section 2175.128, Government Code, is amended by adding Subsections (a-1) and (b-1) to read as follows: (a-1) Notwithstanding Subsection (a), if a disposition of a state agency's surplus or salvage data processing equipment is not made under Section 2175.125 or 2175.184, the state agency shall make the equipment available to the commissioner of education for use in the computer lending pilot program established under Subchapter H, Chapter 32, Education Code. If the commissioner of education declines to take the equipment, the state agency shall transfer the equipment in accordance with Subsection (a). The state agency may not collect a fee or other reimbursement from the commissioner of education for the equipment made available under this subsection. This subsection expires September 1, 2014. (b-1) Notwithstanding Subsection (b), if a disposition of the surplus or salvage data processing equipment of a state eleemosynary institution or an institution or agency of higher education is not made under other law, the institution or agency shall make the equipment available to the commissioner of education for use in the computer lending pilot program established under Subchapter H, Chapter 32, Education Code. If the commissioner of education declines to take the equipment, the institution or agency shall transfer the equipment in accordance with Subsection (b). The state eleemosynary institution or institution or agency of higher education may not collect a fee or other reimbursement from the commissioner of education for the equipment made available under this subsection. This subsection expires September 1, 2014. SECTION 3. This Act takes effect September 1, 2009. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 2178 passed the Senate on May 5, 2009, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 2178 passed the House on May 26, 2009, by the following vote: Yeas 142, Nays 1, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor