| 1 | 1 | | 84R7302 GCB-D |
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| 2 | 2 | | By: Rodriguez of Bexar H.B. No. 1883 |
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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 the acquisition of certain professional services by a |
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| 8 | 8 | | school district. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 39.109, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 39.109. ACQUISITION OF PROFESSIONAL SERVICES. (a) In |
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| 13 | 13 | | addition to other interventions and sanctions authorized under this |
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| 14 | 14 | | subchapter, the commissioner may order a school district or campus |
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| 15 | 15 | | to acquire professional services at the expense of the district or |
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| 16 | 16 | | campus to address the applicable financial, assessment, data |
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| 17 | 17 | | quality, program, performance, or governance deficiency. The |
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| 18 | 18 | | commissioner's order may require the district or campus to: |
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| 19 | 19 | | (1) select or be assigned an external auditor, data |
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| 20 | 20 | | quality expert, professional authorized to monitor district |
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| 21 | 21 | | assessment instrument administration, or curriculum or program |
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| 22 | 22 | | expert; or |
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| 23 | 23 | | (2) provide for or participate in the appropriate |
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| 24 | 24 | | training of district staff or board of trustees members in the case |
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| 25 | 25 | | of a district, or campus staff, in the case of a campus. |
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| 26 | 26 | | (b) An educator approved as a professional service provider |
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| 27 | 27 | | to provide services to a school district or campus ordered to |
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| 28 | 28 | | acquire the service in accordance with this section may not charge |
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| 29 | 29 | | the district for the service more than: |
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| 30 | 30 | | (1) $75 per hour; or |
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| 31 | 31 | | (2) a fixed amount equivalent to that hourly rate. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act to Section |
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| 33 | 33 | | 39.109, Education Code, applies to the payment for services |
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| 34 | 34 | | provided or to payment owed pursuant to a contract for services |
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| 35 | 35 | | entered on or after the effective date of this Act. The payment for |
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| 36 | 36 | | services provided or payment owed pursuant to a contract for |
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| 37 | 37 | | services entered before the effective date of this Act is governed |
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| 38 | 38 | | by the law in effect on the date the contract was entered, if any, or |
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| 39 | 39 | | on the date the service was provided if no contract was entered, and |
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| 40 | 40 | | the former law is continued in effect for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2015. |
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