| 1 | 1 | | By: Wentworth S.B. No. 1113 |
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| 2 | 2 | | (Huberty) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain contracts entered into by school districts for |
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| 8 | 8 | | another entity to provide food services at one or more district |
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| 9 | 9 | | schools. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 44.031, Education Code, is amended by |
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| 12 | 12 | | adding Subsection (n) to read as follows: |
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| 13 | 13 | | (n) A school district contract to which Subsection (a) |
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| 14 | 14 | | applies under which the district contracts with another entity for |
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| 15 | 15 | | that entity to manage or otherwise provide food services at one or |
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| 16 | 16 | | more district schools must require that any other contract the |
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| 17 | 17 | | entity makes in performance of its duties under the contract with |
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| 18 | 18 | | the district and to which Subsection (a) would apply if the district |
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| 19 | 19 | | were making the contract be made: |
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| 20 | 20 | | (1) under the method listed by Subsection (a) that |
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| 21 | 21 | | provides the best value to the entity and the district; |
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| 22 | 22 | | (2) with consideration of the factors specified under |
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| 23 | 23 | | Subsection (b) and, as applicable, under Subsection (b-1), in |
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| 24 | 24 | | determining to whom to award the contract; and |
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| 25 | 25 | | (3) as provided by Subsection (g). |
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| 26 | 26 | | SECTION 2. Subsection (n), Section 44.031, Education Code, |
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| 27 | 27 | | as added by this Act, applies only to a contract entered into on or |
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| 28 | 28 | | after the effective date of this Act by a school district with |
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| 29 | 29 | | another entity for that entity to manage or otherwise provide food |
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| 30 | 30 | | services at one or more district schools. A contract entered into |
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| 31 | 31 | | before the effective date of this Act by a school district with |
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| 32 | 32 | | another entity for that entity to manage or otherwise provide food |
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| 33 | 33 | | services at one or more district schools is governed by the law in |
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| 34 | 34 | | effect on the date the contract was entered into, and that law is |
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| 35 | 35 | | continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2011. |
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