81R2802 KKA-D By: Shapleigh S.B. No. 335 A BILL TO BE ENTITLED AN ACT relating to the requirement that matching funds be provided by school districts and open-enrollment charter schools under the educator excellence awards program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.702, Education Code, is amended by adding Subsection (a-1) to read as follows: (a-1) The commissioner may not: (1) require a school district or open-enrollment charter school to provide matching funds as a condition of eligibility for receipt of a program grant; or (2) give preference in awarding program grants to a school district or open-enrollment charter school that volunteers to provide matching funds. SECTION 2. Section 21.702(a-1), Education Code, as added by this Act, applies to each school district or open-enrollment charter school receiving grant funds under Subchapter O, Chapter 21, Education Code, after the effective date of this Act, regardless of the date on which the district or school initially received grant funds. The commissioner of education may not disqualify a school district or open-enrollment charter school from eligibility for future grant funds or seek to recover allocated grant funds from the district or school on the grounds that the district or school ceased providing matching funds previously agreed to be provided as a condition of eligibility for receiving grant funds. 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.