| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to the commissioner of education accepting contributions |
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| 8 | 7 | | for the public school system, adopting rules regarding grant |
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| 9 | 8 | | compliance, and establishing grants for high-quality educational |
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| 10 | 9 | | programs. |
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| 11 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 11 | | SECTION 1. Section 7.055(b), Education Code, is amended by |
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| 13 | 12 | | adding Subdivision (42) to read as follows: |
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| 14 | 13 | | (42) The commissioner may accept a gift, grant, |
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| 15 | 14 | | donation, or other contribution on behalf of the public school |
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| 16 | 15 | | system or agency and, unless otherwise specified by the donor, may |
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| 17 | 16 | | use the contribution in the manner the commissioner determines. |
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| 18 | 17 | | SECTION 2. Subchapter C, Chapter 7, Education Code, is |
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| 19 | 18 | | amended by adding Section 7.067 to read as follows: |
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| 20 | 19 | | Sec. 7.067. GRANT COMPLIANCE. (a) The commissioner may: |
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| 21 | 20 | | (1) adopt rules to ensure that recipients of |
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| 22 | 21 | | state-funded grants administered by the commissioner or the agency |
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| 23 | 22 | | are in compliance with grant requirements; and |
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| 24 | 23 | | (2) require a grant recipient to provide information |
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| 25 | 24 | | to the agency detailing grant compliance. |
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| 26 | 25 | | (b) The commissioner may direct the agency to make a site |
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| 27 | 26 | | visit to a grant recipient to review the recipient's compliance |
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| 28 | 27 | | with grant requirements. A review conducted under this subsection |
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| 29 | 28 | | is not subject to Section 7.028 or 39.056. |
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| 30 | 29 | | (c) If the commissioner finds that a grant recipient is not |
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| 31 | 30 | | in compliance with grant requirements, the commissioner may: |
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| 32 | 31 | | (1) seek the remittance of the grant funds; and |
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| 33 | 32 | | (2) withhold funding authorized under Section 12.106 |
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| 34 | 33 | | or Chapter 42 or any other state funding in an amount sufficient to |
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| 35 | 34 | | recover the grant funds provided to the recipient. |
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| 36 | 35 | | (d) A decision of the commissioner regarding grant |
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| 37 | 36 | | compliance, including a decision to withhold funding under |
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| 38 | 37 | | Subsection (c), is final and may not be appealed. |
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| 39 | 38 | | SECTION 3. Subchapter Z, Chapter 29, Education Code, is |
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| 40 | 39 | | amended by adding Section 29.924 to read as follows: |
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| 41 | 40 | | Sec. 29.924. HIGH-QUALITY EDUCATIONAL PROGRAM GRANTS. |
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| 42 | 41 | | (a) The commissioner shall establish a competitive grant program |
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| 43 | 42 | | to assist school districts and open-enrollment charter schools in |
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| 44 | 43 | | implementing high-quality educational programs. |
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| 45 | 44 | | (b) The commissioner may adopt rules on the use of grant |
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| 46 | 45 | | funds under this section, including rules determining eligibility, |
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| 47 | 46 | | award amount, and any restrictions. The commissioner may authorize |
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| 48 | 47 | | a grant recipient or a tax-exempt organization contracting with the |
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| 49 | 48 | | grant recipient to use grant funds for the remodeling of current |
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| 50 | 49 | | facilities and performance-based incentives. |
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| 51 | 50 | | (c) Grant funds awarded under this section may be used by a |
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| 52 | 51 | | grant recipient only to implement a high-quality educational |
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| 53 | 52 | | program or to enhance a current educational program in order for the |
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| 54 | 53 | | program to operate as a high-quality educational program. |
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| 55 | 54 | | (d) In selecting grant recipients under this section, the |
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| 56 | 55 | | commissioner must consider the availability of existing resources, |
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| 57 | 56 | | including funds and equipment, to students in the school district |
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| 58 | 57 | | or open-enrollment charter school. |
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| 59 | 58 | | (e) The commissioner may make grants under this section |
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| 60 | 59 | | using funds allocated for that purpose under Section 12.141(c)(1) |
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| 61 | 60 | | and gifts, grants, and donations accepted by the commissioner. A |
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| 62 | 61 | | decision of the commissioner concerning the amount of funds |
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| 63 | 62 | | available for a grant is final and may not be appealed. |
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| 64 | 63 | | SECTION 4. The commissioner of education is required to |
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| 65 | 64 | | implement this Act only if the legislature appropriates money |
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| 66 | 65 | | specifically for that purpose. If the legislature does not |
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| 67 | 66 | | appropriate money specifically for that purpose, the commissioner |
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| 68 | 67 | | of education may, but is not required to, implement this Act using |
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| 69 | 68 | | other appropriations available for the purpose. |
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| 70 | 69 | | SECTION 5. (a) Except as provided by Subsection (b) of |
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| 71 | 70 | | this section, this Act takes effect September 1, 2017. |
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| 72 | 71 | | (b) This Act takes effect only if S.B. 1658, Acts of the 85th |
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| 73 | 72 | | Legislature, Regular Session, 2017, is enacted and becomes law. If |
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| 74 | 73 | | S.B. 1658 is not enacted or does not become law, this Act has no |
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| 75 | 74 | | effect. |
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