By: Biedermann H.B. No. 4010
A BILL TO BE ENTITLED
AN ACT
relating to school district transportation services; authorizing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.158, Education Code, is amended by
amending Subsections (a) and (f) and adding Subsection (f-1) to
read as follows:
(a) The board of trustees of an independent school district
may require payment of:
(1) a fee for materials used in any program in which
the resultant product in excess of minimum requirements becomes, at
the student's option, the personal property of the student, if the
fee does not exceed the cost of materials;
(2) membership dues in student organizations or clubs
and admission fees or charges for attending extracurricular
activities, if membership or attendance is voluntary;
(3) a security deposit for the return of materials,
supplies, or equipment;
(4) a fee for personal physical education and athletic
equipment and apparel, although any student may provide the
student's own equipment or apparel if it meets reasonable
requirements and standards relating to health and safety
established by the board;
(5) a fee for items of personal use or products that a
student may purchase at the student's option, such as student
publications, class rings, annuals, and graduation announcements;
(6) a fee specifically permitted by any other statute;
(7) a fee for an authorized voluntary student health
and accident benefit plan;
(8) a reasonable fee, not to exceed the actual annual
maintenance cost, for the use of musical instruments and uniforms
owned or rented by the district;
(9) a fee for items of personal apparel that become the
property of the student and that are used in extracurricular
activities;
(10) a parking fee or a fee for an identification card;
(11) a fee for a driver training course, not to exceed
the actual district cost per student in the program for the current
school year;
(12) a fee for a course offered for credit that
requires the use of facilities not available on the school premises
or the employment of an educator who is not part of the school's
regular staff, if participation in the course is at the student's
option;
(13) a fee for a course offered during summer school,
except that the board may charge a fee for a course required for
graduation only if the course is also offered without a fee during
the regular school year;
(14) a reasonable fee for transportation of a student
to and from [who lives within two miles of] the school the student
attends [to and from that school, except that the board may not
charge a fee for transportation for which the school district
receives funds under Section 42.155(d)]; or
(15) a reasonable fee, not to exceed $50, for costs
associated with an educational program offered outside of regular
school hours through which a student who was absent from class
receives instruction voluntarily for the purpose of making up the
missed instruction and meeting the level of attendance required
under Section 25.092[; or
[(16) if the district does not receive any funds under
Section 42.155 and does not participate in a county transportation
system for which an allotment is provided under Section 42.155(i),
a reasonable fee for the transportation of a student to and from the
school the student attends].
(f) Except as provided by Subsection (f-1), a [A] school
district shall adopt reasonable procedures for waiving a deposit or
fee if a student or the student's parent or guardian is unable to
pay it. This policy shall be posted in a central location in each
school facility, in the school policy manual, and in the student
handbook.
(f-1) A school district may waive or reduce fees for
transportation imposed under Subsection (a)(14) for a student who
is socioeconomically disadvantaged, as determined by the district.
SECTION 2. Chapter 34, Education Code, is amended by adding
Section 34.0041 to read as follows:
Sec. 34.0041. BUS STOPS. In operating a public school
transportation system, a school district may establish bus stops at
reasonable intervals on a school bus route as necessary to reduce
the costs of providing student transportation.
SECTION 3. This Act applies beginning with the 2017-2018
school year.
SECTION 4. This Act takes effect immediately if it receives
the 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, 2017.