| 1 | 1 | | By: Biedermann H.B. No. 4010 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to school district transportation services; authorizing a |
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| 7 | 7 | | fee. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 11.158, Education Code, is amended by |
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| 10 | 10 | | amending Subsections (a) and (f) and adding Subsection (f-1) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) The board of trustees of an independent school district |
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| 13 | 13 | | may require payment of: |
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| 14 | 14 | | (1) a fee for materials used in any program in which |
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| 15 | 15 | | the resultant product in excess of minimum requirements becomes, at |
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| 16 | 16 | | the student's option, the personal property of the student, if the |
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| 17 | 17 | | fee does not exceed the cost of materials; |
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| 18 | 18 | | (2) membership dues in student organizations or clubs |
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| 19 | 19 | | and admission fees or charges for attending extracurricular |
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| 20 | 20 | | activities, if membership or attendance is voluntary; |
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| 21 | 21 | | (3) a security deposit for the return of materials, |
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| 22 | 22 | | supplies, or equipment; |
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| 23 | 23 | | (4) a fee for personal physical education and athletic |
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| 24 | 24 | | equipment and apparel, although any student may provide the |
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| 25 | 25 | | student's own equipment or apparel if it meets reasonable |
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| 26 | 26 | | requirements and standards relating to health and safety |
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| 27 | 27 | | established by the board; |
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| 28 | 28 | | (5) a fee for items of personal use or products that a |
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| 29 | 29 | | student may purchase at the student's option, such as student |
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| 30 | 30 | | publications, class rings, annuals, and graduation announcements; |
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| 31 | 31 | | (6) a fee specifically permitted by any other statute; |
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| 32 | 32 | | (7) a fee for an authorized voluntary student health |
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| 33 | 33 | | and accident benefit plan; |
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| 34 | 34 | | (8) a reasonable fee, not to exceed the actual annual |
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| 35 | 35 | | maintenance cost, for the use of musical instruments and uniforms |
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| 36 | 36 | | owned or rented by the district; |
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| 37 | 37 | | (9) a fee for items of personal apparel that become the |
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| 38 | 38 | | property of the student and that are used in extracurricular |
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| 39 | 39 | | activities; |
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| 40 | 40 | | (10) a parking fee or a fee for an identification card; |
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| 41 | 41 | | (11) a fee for a driver training course, not to exceed |
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| 42 | 42 | | the actual district cost per student in the program for the current |
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| 43 | 43 | | school year; |
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| 44 | 44 | | (12) a fee for a course offered for credit that |
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| 45 | 45 | | requires the use of facilities not available on the school premises |
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| 46 | 46 | | or the employment of an educator who is not part of the school's |
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| 47 | 47 | | regular staff, if participation in the course is at the student's |
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| 48 | 48 | | option; |
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| 49 | 49 | | (13) a fee for a course offered during summer school, |
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| 50 | 50 | | except that the board may charge a fee for a course required for |
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| 51 | 51 | | graduation only if the course is also offered without a fee during |
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| 52 | 52 | | the regular school year; |
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| 53 | 53 | | (14) a reasonable fee for transportation of a student |
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| 54 | 54 | | to and from [who lives within two miles of] the school the student |
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| 55 | 55 | | attends [to and from that school, except that the board may not |
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| 56 | 56 | | charge a fee for transportation for which the school district |
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| 57 | 57 | | receives funds under Section 42.155(d)]; or |
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| 58 | 58 | | (15) a reasonable fee, not to exceed $50, for costs |
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| 59 | 59 | | associated with an educational program offered outside of regular |
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| 60 | 60 | | school hours through which a student who was absent from class |
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| 61 | 61 | | receives instruction voluntarily for the purpose of making up the |
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| 62 | 62 | | missed instruction and meeting the level of attendance required |
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| 63 | 63 | | under Section 25.092[; or |
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| 64 | 64 | | [(16) if the district does not receive any funds under |
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| 65 | 65 | | Section 42.155 and does not participate in a county transportation |
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| 66 | 66 | | system for which an allotment is provided under Section 42.155(i), |
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| 67 | 67 | | a reasonable fee for the transportation of a student to and from the |
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| 68 | 68 | | school the student attends]. |
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| 69 | 69 | | (f) Except as provided by Subsection (f-1), a [A] school |
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| 70 | 70 | | district shall adopt reasonable procedures for waiving a deposit or |
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| 71 | 71 | | fee if a student or the student's parent or guardian is unable to |
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| 72 | 72 | | pay it. This policy shall be posted in a central location in each |
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| 73 | 73 | | school facility, in the school policy manual, and in the student |
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| 74 | 74 | | handbook. |
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| 75 | 75 | | (f-1) A school district may waive or reduce fees for |
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| 76 | 76 | | transportation imposed under Subsection (a)(14) for a student who |
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| 77 | 77 | | is socioeconomically disadvantaged, as determined by the district. |
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| 78 | 78 | | SECTION 2. Chapter 34, Education Code, is amended by adding |
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| 79 | 79 | | Section 34.0041 to read as follows: |
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| 80 | 80 | | Sec. 34.0041. BUS STOPS. In operating a public school |
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| 81 | 81 | | transportation system, a school district may establish bus stops at |
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| 82 | 82 | | reasonable intervals on a school bus route as necessary to reduce |
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| 83 | 83 | | the costs of providing student transportation. |
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| 84 | 84 | | SECTION 3. This Act applies beginning with the 2017-2018 |
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| 85 | 85 | | school year. |
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| 86 | 86 | | SECTION 4. This Act takes effect immediately if it receives |
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| 87 | 87 | | the vote of two-thirds of all the members elected to each house, as |
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| 88 | 88 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 89 | 89 | | Act does not receive the vote necessary for immediate effect, this |
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| 90 | 90 | | Act takes effect September 1, 2017. |
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