Texas 2009 - 81st Regular

Texas Senate Bill SB270 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1707 CAS-D
2	2	By: Harris S.B. No. 270
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of income-producing contracts or programs
8	8	entered into or operated by school districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 44, Education Code, is
11	11	amended by adding Section 44.013 to read as follows:
12	12	Sec. 44.013. REPORT OF INCOME-PRODUCING CONTRACTS AND
13	13	PROGRAMS. (a) In this section, "income-producing contract or
14	14	program" means:
15	15	(1) a contract under which a school district is
16	16	entitled to or expects to receive income, including rentals,
17	17	royalties, or a percentage of sales revenue; or
18	18	(2) a program operated by a school district or another
19	19	entity under which the district is entitled to or expects to receive
20	20	income.
21	21	(b) As provided by this section, a school district shall:
22	22	(1) publish a report of income-producing contracts and
23	23	programs in a newspaper of general circulation in:
24	24	(A) a county in which the district is located; or
25	25	(B) the county seat of a county adjacent to a
26	26	county in which the district is located, if a newspaper of general
27	27	circulation is not published in a county in which the district is
28	28	located; or
29	29	(2) post a report of income-producing contracts and
30	30	programs on the district's Internet website.
31	31	(c) Except as provided by Subsection (d):
32	32	(1) for each income-producing contract a school
33	33	district enters into or under which the district receives income
34	34	during the reporting period covered by the publication or posting,
35	35	the district's report must include:
36	36	(A) the full name and address of each party to the
37	37	contract other than the district;
38	38	(B) a description of the type of contract
39	39	involved;
40	40	(C) the date the contract was entered into;
41	41	(D) the duration of the contract;
42	42	(E) a statement of the total amount of income the
43	43	district expects to receive under the contract over the term of the
44	44	contract; and
45	45	(F) a statement of the amount of income the
46	46	district received under the contract during the reporting period;
47	47	and
48	48	(2) for each income-producing program under which the
49	49	district receives income during the reporting period covered by the
50	50	publication or posting, the district's report must include:
51	51	(A) the name of the program;
52	52	(B) a description of the program;
53	53	(C) if the program is operated by an entity other
54	54	than the district, the name of each entity from which the district
55	55	received income under the program during the reporting period; and
56	56	(D) a statement of the amount of income the
57	57	district received under the program during the reporting period.
58	58	(d) A school district is not required to report under this
59	59	section:
60	60	(1) a contract or program from which the district
61	61	expects to receive income of $5,000 or less over:
62	62	(A) the term of the contract, in the case of a
63	63	contract; or
64	64	(B) the reporting period, in the case of a
65	65	program;
66	66	(2) a contract between the district and another school
67	67	district or other governmental entity; or
68	68	(3) a fund-raising contract with a nonprofit
69	69	organization or student group.
70	70	(e) A school district shall publish or shall post on the
71	71	district's Internet website a report of income-producing contracts
72	72	and programs two times each year. For a district whose fiscal year
73	73	begins July 1, the first report shall be published or posted not
74	74	later than August 15 and cover the period from the preceding January
75	75	1 through June 30, and the second report shall be published or
76	76	posted not later than February 15 and cover the period from the
77	77	preceding July 1 through December 31. For a district whose fiscal
78	78	year begins September 1, the first report shall be published or
79	79	posted not later than October 15 and cover the period from the
80	80	preceding March 1 through August 31, and the second report shall be
81	81	published or posted not later than April 15 and cover the period
82	82	from the preceding September 1 through the last day of February.
83	83	(f) Beginning on the second anniversary of the last date a
84	84	school district receives income under an income-producing contract
85	85	or program, if the district does not expect to receive additional
86	86	income under the contract or program, the district may remove
87	87	information relating to the contract or program from the district's
88	88	Internet website.
89	89	SECTION 2. A school district's first report of
90	90	income-producing contracts and programs under Section 44.013,
91	91	Education Code, as added by this Act, must be published or must be
92	92	posted on the district's Internet website not later than October
93	93	15, 2009, or February 15, 2010, depending on the date the district's
94	94	fiscal year begins.
95	95	SECTION 3. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2009.