By: Davis S.B. No. 1308 (In the Senate - Filed March 7, 2013; March 13, 2013, read first time and referred to Committee on Education; April 24, 2013, reported favorably by the following vote: Yeas 9, Nays 0; April 24, 2013, sent to printer.) A BILL TO BE ENTITLED AN ACT relating to auditing and monitoring of performance under contracts for state-adopted assessment instruments administered to public school students. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.038 to read as follows: Sec. 39.038. AUDITING AND MONITORING PERFORMANCE UNDER CONTRACTS FOR ASSESSMENT INSTRUMENTS. (a) The agency by rule shall develop a comprehensive methodology for auditing and monitoring performance under contracts for services to develop or administer assessment instruments required by Section 39.023 to verify compliance with contractual obligations. (b) The agency shall ensure that all new and renewed contracts described by Subsection (a) include a provision that the agency or a designee of the agency may conduct periodic contract compliance reviews, without advance notice, to monitor vendor performance. (c) The agency shall adopt rules to administer this section. SECTION 2. 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, 2013. * * * * *