| 1 | 1 | | 86R8134 SOS-D |
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| 2 | 2 | | By: Campbell S.B. No. 1089 |
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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 circumstances under which a school district is |
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| 8 | 8 | | required to provide air-conditioned transportation for students. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 12A.004(a), Education Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) A local innovation plan may not provide for the |
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| 13 | 13 | | exemption of a district designated as a district of innovation from |
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| 14 | 14 | | the following provisions of this title: |
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| 15 | 15 | | (1) a state or federal requirement applicable to an |
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| 16 | 16 | | open-enrollment charter school operating under Subchapter D, |
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| 17 | 17 | | Chapter 12; |
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| 18 | 18 | | (2) Subchapters A, C, D, and E, Chapter 11, except that |
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| 19 | 19 | | a district may be exempt from Sections 11.1511(b)(5) and (14) and |
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| 20 | 20 | | Section 11.162; |
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| 21 | 21 | | (3) state curriculum and graduation requirements |
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| 22 | 22 | | adopted under Chapter 28; |
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| 23 | 23 | | (4) the transportation requirement imposed under |
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| 24 | 24 | | Section 34.0031; and |
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| 25 | 25 | | (5) [(4)] academic and financial accountability and |
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| 26 | 26 | | sanctions under Chapters 39 and 39A. |
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| 27 | 27 | | SECTION 2. Chapter 34, Education Code, is amended by adding |
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| 28 | 28 | | Section 34.0031 to read as follows: |
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| 29 | 29 | | Sec. 34.0031. AIR-CONDITIONED TRANSPORTATION PROVIDED BY |
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| 30 | 30 | | CERTAIN SCHOOL DISTRICTS. (a) In addition to other requirements |
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| 31 | 31 | | provided by law, a school district that begins instruction for |
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| 32 | 32 | | students for a school year before the fourth Monday in August shall |
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| 33 | 33 | | provide for air-conditioned transportation of students to and from |
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| 34 | 34 | | school starting with the first day of instruction and continuing |
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| 35 | 35 | | through the fourth Monday in August. |
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| 36 | 36 | | (b) The commissioner shall adopt rules to administer this |
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| 37 | 37 | | section. |
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| 38 | 38 | | SECTION 3. Section 34.008(a), Education Code, is amended to |
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| 39 | 39 | | read as follows: |
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| 40 | 40 | | (a) A board of county school trustees or school district |
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| 41 | 41 | | board of trustees may contract with a mass transit authority, |
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| 42 | 42 | | commercial transportation company, or juvenile board for all or any |
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| 43 | 43 | | part of a district's public school transportation if the authority, |
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| 44 | 44 | | company, or board: |
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| 45 | 45 | | (1) requires its school bus drivers to have the |
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| 46 | 46 | | qualifications required by and to be certified in accordance with |
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| 47 | 47 | | standards established by the Department of Public Safety; [and] |
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| 48 | 48 | | (2) uses only those school buses or mass transit |
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| 49 | 49 | | authority buses in transporting 15 or more public school students |
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| 50 | 50 | | that meet or exceed safety standards for school buses established |
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| 51 | 51 | | under Section 34.002; and |
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| 52 | 52 | | (3) if applicable, uses only those school buses or |
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| 53 | 53 | | mass transit authority buses equipped with air-conditioning as |
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| 54 | 54 | | required by Section 34.0031 in transporting public school students |
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| 55 | 55 | | to and from school during the period required under that section. |
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| 56 | 56 | | SECTION 4. As soon as practicable after the effective date |
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| 57 | 57 | | of this Act, the commissioner of education shall adopt rules to |
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| 58 | 58 | | administer Section 34.0031, Education Code, as added by this Act. |
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| 59 | 59 | | SECTION 5. Section 34.008, Education Code, as amended by |
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| 60 | 60 | | this Act, applies only to a contract entered into or renewed on or |
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| 61 | 61 | | after the effective date of this Act. A contract entered into or |
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| 62 | 62 | | renewed before the effective date of this Act is governed by the law |
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| 63 | 63 | | as it existed immediately before the effective date of this Act, and |
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| 64 | 64 | | that law is continued in effect for that purpose. |
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| 65 | 65 | | SECTION 6. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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| 69 | 69 | | Act takes effect September 1, 2019. |
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