By: Taylor of Galveston S.B. No. 1659
A BILL TO BE ENTITLED
AN ACT
relating to the commissioner of education accepting contributions
for the public school system, adopting rules regarding grant
compliance, and establishing grants for high-quality educational
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.055(b), Education Code, is amended by
adding Subdivision (42) to read as follows:
(42) The commissioner may accept a gift, grant,
donation, or other contribution on behalf of the public school
system or agency and, unless otherwise specified by the donor, may
use the contribution in the manner the commissioner determines.
SECTION 2. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.067 to read as follows:
Sec. 7.067. GRANT COMPLIANCE. (a) The commissioner may:
(1) adopt rules to ensure that recipients of
state-funded grants administered by the commissioner or the agency
are in compliance with grant requirements; and
(2) require a grant recipient to provide information
to the agency detailing grant compliance.
(b) The commissioner may direct the agency to make a site
visit to a grant recipient to review the recipient's compliance
with grant requirements. A review conducted under this subsection
is not subject to Section 7.028 or 39.056.
(c) If the commissioner finds that a grant recipient is not
in compliance with grant requirements, the commissioner may:
(1) seek the remittance of the grant funds; and
(2) withhold funding authorized under Section 12.106
or Chapter 42 or any other state funding in an amount sufficient to
recover the grant funds provided to the recipient.
(d) A decision of the commissioner regarding grant
compliance, including a decision to withhold funding under
Subsection (c), is final and may not be appealed.
SECTION 3. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.924 to read as follows:
Sec. 29.924. HIGH-QUALITY EDUCATIONAL PROGRAM GRANTS.
(a) The commissioner shall establish a competitive grant program
to assist school districts and open-enrollment charter schools in
implementing high-quality educational programs.
(b) The commissioner may adopt rules on the use of grant
funds under this section, including rules determining eligibility,
award amount, and any restrictions. The commissioner may authorize
a grant recipient or a tax-exempt organization contracting with the
grant recipient to use grant funds for the remodeling of current
facilities and performance-based incentives.
(c) Grant funds awarded under this section may be used by a
grant recipient only to implement a high-quality educational
program or to enhance a current educational program in order for the
program to operate as a high-quality educational program.
(d) In selecting grant recipients under this section, the
commissioner must consider the availability of existing resources,
including funds and equipment, to students in the school district
or open-enrollment charter school.
(e) The commissioner may make grants under this section
using funds allocated for that purpose under Section 12.141(c)(1)
and gifts, grants, and donations accepted by the commissioner. A
decision of the commissioner concerning the amount of funds
available for a grant is final and may not be appealed.
SECTION 4. The commissioner of education is required to
implement this Act only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the commissioner
of education may, but is not required to, implement this Act using
other appropriations available for the purpose.
SECTION 5. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2017.
(b) This Act takes effect only if S.B. 1658, Acts of the 85th
Legislature, Regular Session, 2017, is enacted and becomes law. If
S.B. 1658 is not enacted or does not become law, this Act has no
effect.