84R4860 MK-D By: Goldman H.B. No. 596 A BILL TO BE ENTITLED AN ACT relating to the scheduling of the last day of school for students by public school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 7.056(e), Education Code, is amended to read as follows: (e) Except as provided by Subsection (f), a school campus or district may not receive an exemption or waiver under this section from: (1) a prohibition on conduct that constitutes a criminal offense; (2) a requirement imposed by federal law or rule, including a requirement for special education or bilingual education programs; or (3) a requirement, restriction, or prohibition relating to: (A) essential knowledge or skills under Section 28.002 or high school graduation requirements under Section 28.025; (B) public school accountability as provided by Subchapters B, C, D, E, and J, Chapter 39; (C) extracurricular activities under Section 33.081 or participation in a University Interscholastic League area, regional, or state competition under Section 33.0812; (D) health and safety under Chapter 38; (E) purchasing under Subchapter B, Chapter 44; (F) elementary school class size limits, except as provided by Section 25.112; (G) removal of a disruptive student from the classroom under Subchapter A, Chapter 37; (H) at-risk programs under Subchapter C, Chapter 29; (I) prekindergarten programs under Subchapter E, Chapter 29; (J) educator rights and benefits under Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter A, Chapter 22; (K) special education programs under Subchapter A, Chapter 29; (L) bilingual education programs under Subchapter B, Chapter 29; or (M) the requirements for the last [first] day of school [instruction] under Section 25.0812 [25.0811]. SECTION 2. Subchapter C, Chapter 25, Education Code, is amended by adding Section 25.0812 to read as follows: Sec. 25.0812. LAST DAY OF SCHOOL. (a) Except as provided by Subsection (b), a school district may not schedule the last day of school for students for a school year after the Friday preceding Memorial Day. (b) A school district may schedule the last day of school for students for a school year after the Friday preceding Memorial Day if the district operates a year-round system under Section 25.084. (c) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may schedule the last day of school on any date permitted under Subsection (a) or the law of the other state. SECTION 3. Section 25.084(a), Education Code, is amended to read as follows: (a) A school district may operate its schools year-round on either a single-track or a multitrack calendar. If a school district adopts a year-round system, the district may modify: (1) the number of contract days of employees and the number of days of operation, including any time required for staff development, planning and preparation, and continuing education, otherwise required by law; (2) testing dates, data reporting, and related matters; (3) the date of the last [first] day of school for students for a [instruction of the] school year under Section 25.0812 [25.0811] for a school that was operating year-round for the 2014-2015 [2000-2001] school year; and (4) a student's eligibility to participate in extracurricular activities when the student's calendar track is not in session. SECTION 4. Section 151.326(a), Tax Code, is amended to read as follows: (a) The sale of an article of clothing or footwear designed to be worn on or about the human body is exempted from the taxes imposed by this chapter if: (1) the sales price of the article is less than $100; and (2) the sale takes place during a period beginning at 12:01 a.m. on the second Friday of August [before the 15th day preceding the uniform date prescribed by Section 25.0811(a), Education Code, without regard to any exception authorized by that section, before which a school district may not begin instruction for the school year,] and ending at 12 midnight on the following Sunday. SECTION 5. Section 25.0811, Education Code, is repealed. SECTION 6. This Act applies beginning with the 2016-2017 school year. SECTION 7. This Act takes effect May 1, 2016.