86R596 CAE-D
By: Davis of Harris H.B. No. 769
A BILL TO BE ENTITLED
AN ACT
relating to the termination of the contract of a superintendent of a
school district based on malfeasance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 11, Education Code, is
amended by adding Section 11.2011 to read as follows:
Sec. 11.2011. MALFEASANCE BY SUPERINTENDENT. (a) In this
section:
(1) "Malfeasance" means intentional misconduct or the
knowingly improper performance of any act, duty, or responsibility,
including unethical or criminal conduct.
(2) "Severance payment" has the meaning assigned by
Section 11.201.
(b) If a superintendent is terminated by the board of
trustees of the school district based on malfeasance, resigns from
the position of superintendent to avoid being terminated based on
malfeasance, or is terminated or resigns in lieu of termination
while under investigation for malfeasance, the board of trustees
must receive approval from the commissioner for any severance
payment to the superintendent. The board of trustees must include
in a request for approval of a severance payment:
(1) the school district fund from which the severance
payment would be paid, provided that Foundation School Program
funds received from the state may not be used; and
(2) the manner in which the funds would be used if the
district did not make the severance payment.
(c) The commissioner may not approve a severance payment to
a superintendent under Subsection (b) if less than 51 percent of the
superintendent's contract is completed.
(d) The commissioner may adopt rules as necessary to
administer this section.
(e) If a severance payment was made before September 1,
2019, to a superintendent who was terminated or resigned based on
malfeasance or the investigation of malfeasance, the district
shall:
(1) report the severance payment to the commissioner
not later than January 1, 2020; and
(2) provide details regarding the manner in which the
funds would have been used by the school district if the severance
payment had not occurred.
(f) Subsection (e) and this subsection expire September 1,
2020.
SECTION 2. This Act takes effect September 1, 2019.