84R7302 GCB-D By: Rodriguez of Bexar H.B. No. 1883 A BILL TO BE ENTITLED AN ACT relating to the acquisition of certain professional services by a school district. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.109, Education Code, is amended to read as follows: Sec. 39.109. ACQUISITION OF PROFESSIONAL SERVICES. (a) In addition to other interventions and sanctions authorized under this subchapter, the commissioner may order a school district or campus to acquire professional services at the expense of the district or campus to address the applicable financial, assessment, data quality, program, performance, or governance deficiency. The commissioner's order may require the district or campus to: (1) select or be assigned an external auditor, data quality expert, professional authorized to monitor district assessment instrument administration, or curriculum or program expert; or (2) provide for or participate in the appropriate training of district staff or board of trustees members in the case of a district, or campus staff, in the case of a campus. (b) An educator approved as a professional service provider to provide services to a school district or campus ordered to acquire the service in accordance with this section may not charge the district for the service more than: (1) $75 per hour; or (2) a fixed amount equivalent to that hourly rate. SECTION 2. The change in law made by this Act to Section 39.109, Education Code, applies to the payment for services provided or to payment owed pursuant to a contract for services entered on or after the effective date of this Act. The payment for services provided or payment owed pursuant to a contract for services entered before the effective date of this Act is governed by the law in effect on the date the contract was entered, if any, or on the date the service was provided if no contract was entered, and the former law is continued in effect for that purpose. 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, 2015.