82R2894 PAM-D
By: Dutton H.B. No. 492
A BILL TO BE ENTITLED
AN ACT
relating to procedures for management of certain public school
campuses and school districts that do not satisfy certain
performance standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.111, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) On or before the 90th day after the date the conservator
or management team is appointed [At least every 90 days], the
commissioner shall review the need for the conservator or
management team and shall remove the conservator or management team
unless the commissioner determines that continued appointment is
necessary for effective governance of the district or delivery of
instructional services. The commissioner shall remove the
conservator or management team on or before the 180th day after the
date of appointment.
(b-1) Every 90 days, the conservator or management team
shall file a report with the governor, the speaker of the house of
representatives, the lieutenant governor, and each state
representative and senator who represents any part of the area in
which the school district is located. The report must indicate the
current status of the district, including any progress made since
the appointment or last report, as applicable, problems identified,
and solutions suggested or implemented.
SECTION 2. Subchapter E, Chapter 39, Education Code, is
amended by adding Section 39.1111 to read as follows:
Sec. 39.1111. MONITOR. (a) Every 90 days, a monitor
appointed to participate in and report to the agency on activities
of the board of trustees or the superintendent under this
subchapter shall file a report with the governor, the speaker of the
house of representatives, the lieutenant governor, and each state
representative and senator who represents any part of the area in
which the district is located. The report must indicate the current
status of the district, including any progress made since the
appointment or last report, as applicable, problems identified, and
solutions suggested or implemented.
(b) The commissioner shall remove the monitor on or before
the 180th day after the date of appointment.
SECTION 3. Section 39.112, Education Code, is amended by
adding Subsection (c-1) and amending Subsection (e) to read as
follows:
(c-1) Every 90 days, the board of managers shall file a
report with the governor, the speaker of the house of
representatives, the lieutenant governor, and each state
representative and senator who represents any part of the area in
which the district is located. The report must indicate the current
status of the district, including any progress made since the
appointment or last report, as applicable, problems identified, and
solutions suggested or implemented.
(e) At the direction of the commissioner but not later than
the 180th day after [second anniversary of] the date the board of
managers of a district was appointed, the board of managers shall
order an election of members of the district board of trustees. The
election must be held on a uniform election date on which an
election of district trustees may be held under Section 41.001,
Election Code, that is at least 180 days after the date the election
was ordered. On qualification of members for office, the board of
trustees assumes all of the powers and duties assigned to a board of
trustees by law, rule, or regulation.
SECTION 4. Subchapter E, Chapter 39, Education Code, as
amended by this Act, applies only to a monitor, conservator,
management team, or board of managers of a school district
appointed on or after the effective date of this Act.
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, 2011.