83R8051 VOO-D
By: Duncan S.B. No. 1457
A BILL TO BE ENTITLED
AN ACT
relating to transfer of management services for the physical
facilities of the Texas School for the Blind and Visually Impaired
and the Texas School for the Deaf from the schools' boards of
trustees to the Texas Facilities Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.022, Education Code, is amended by
amending Subsections (h) and (i) and adding Subsection (h-1) to
read as follows:
(h) The board [has exclusive jurisdiction over the physical
assets of the school and] shall administer and spend appropriations
made for the benefit of the school.
(h-1) The Texas Facilities Commission shall provide
facilities management services for the physical facilities of the
school as provided by Section 2165.007, Government Code.
(i) Except as provided by Subsection (h-1), the [The] board
may accept and retain control of gifts, devises, bequests,
donations, or grants, either absolutely or in trust, of money,
securities, personal property, and real property from any
individual, estate, group, association, or corporation. The funds
or other property donated or the income from the property may be
spent by the board for:
(1) any purpose designated by the donor that is in
keeping with the lawful purpose of the school; or
(2) any legal purpose, if a specific purpose is not
designated by the donor.
SECTION 2. Section 30.052, Education Code, is amended by
amending Subsections (h) and (i) and adding Subsection (h-1) to
read as follows:
(h) The board [has exclusive jurisdiction over the physical
assets of the school and] shall administer and spend appropriations
to carry out the purposes of the school as provided by Section
30.051.
(h-1) The Texas Facilities Commission shall provide
facilities management services for the physical facilities of the
school as provided by Section 2165.007, Government Code.
(i) Except as provided by Subsection (h-1), the [The] board
may accept and retain control of gifts, devises, bequests,
donations, or grants, either absolutely or in trust, of money,
securities, personal property, and real property from any
individual, estate, group, association, or corporation. The funds
or other property donated or the income from the property may be
spent by the board for:
(1) any purpose designated by the donor that is in
keeping with the lawful purpose of the school; or
(2) any legal purpose, if a specific purpose is not
designated by the donor.
SECTION 3. (a) Not later than January 1, 2014, the
following are transferred from the Texas School for the Blind and
Visually Impaired to the Texas Facilities Commission:
(1) the powers, duties, functions, programs, and
activities of the Texas School for the Blind and Visually Impaired
relating to the management of the school's physical facilities
under Section 2165.007, Government Code;
(2) any obligations and contracts of the Texas School
for the Blind and Visually Impaired that are directly related to
implementing a power, duty, function, program, or activity
transferred under this subsection; and
(3) all property and records in the custody of the
Texas School for the Blind and Visually Impaired that are related to
a power, duty, function, program, or activity transferred under
this subsection and all funds appropriated by the legislature for
that power, duty, function, program, or activity.
(b) The Texas Facilities Commission and the Texas School for
the Blind and Visually Impaired shall enter into a memorandum of
understanding that:
(1) identifies in detail the applicable powers and
duties that are transferred between the two agencies by this Act;
and
(2) establishes a plan for the identification and
transfer of the records, personnel, property, and unspent
appropriations of the Texas School for the Blind and Visually
Impaired that are used for purposes of the commission's powers and
duties directly related to the operation of the school's physical
facilities under Section 30.022, Education Code.
SECTION 4. (a) Not later than January 1, 2014, the
following are transferred from the Texas School for the Deaf to the
Texas Facilities Commission:
(1) the powers, duties, functions, programs, and
activities of the Texas School for the Deaf relating to the
management of the school's physical facilities under Section
2165.007, Government Code;
(2) any obligations and contracts of the Texas School
for the Deaf that are directly related to implementing a power,
duty, function, program, or activity transferred under this
subsection; and
(3) all property and records in the custody of the
Texas School for the Deaf that are related to a power, duty,
function, program, or activity transferred under this subsection
and all funds appropriated by the legislature for that power, duty,
function, program, or activity.
(b) The Texas Facilities Commission and the Texas School for
the Deaf shall enter into a memorandum of understanding that:
(1) identifies in detail the applicable powers and
duties that are transferred between the two agencies by this Act;
and
(2) establishes a plan for the identification and
transfer of the records, personnel, property, and unspent
appropriations of the Texas School for the Deaf that are used for
purposes of the commission's powers and duties directly related to
the operation of the school's physical facilities under Section
30.052, Education Code.
SECTION 5. This Act takes effect September 1, 2013.