| 1 | 1 | | 86R9997 JES-F |
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| 2 | 2 | | By: Ashby H.B. No. 2389 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the applicability of certain requirements to certain |
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| 8 | 8 | | nonprofit organizations regarding before-school and after-school |
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| 9 | 9 | | programs established by school districts. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 33.9031, Education Code, is amended by |
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| 12 | 12 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (c) Except as provided by Subsection (c-1), a [A] school |
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| 15 | 15 | | district shall conduct a request for proposals procurement process |
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| 16 | 16 | | to enable the district to determine if contracting with a |
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| 17 | 17 | | child-care facility that provides a before-school or after-school |
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| 18 | 18 | | program, as defined by Section 42.002, Human Resources Code, to |
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| 19 | 19 | | provide the district's before-school or after-school program would |
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| 20 | 20 | | serve the district's best interests. Following the request for |
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| 21 | 21 | | proposals procurement process, the district may enter into a |
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| 22 | 22 | | contract with a child-care facility or implement a before-school or |
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| 23 | 23 | | after-school program operated by the district. If the district |
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| 24 | 24 | | enters into a contract with a child-care facility, the contract |
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| 25 | 25 | | must comply with the requirements of Section 44.031 and may not |
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| 26 | 26 | | exceed a term of three years. |
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| 27 | 27 | | (c-1) A school district is not required to conduct a request |
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| 28 | 28 | | for proposals procurement process under Subsection (c) to enter an |
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| 29 | 29 | | agreement or contract with a nonprofit organization for the use of |
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| 30 | 30 | | district facilities if the organization is exempt from the |
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| 31 | 31 | | child-care licensing requirements under Section 42.041, Human |
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| 32 | 32 | | Resources Code. |
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| 33 | 33 | | SECTION 2. This Act takes effect September 1, 2019. |
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