By: Bettencourt, Hinojosa S.B. No. 1256
West
A BILL TO BE ENTITLED
AN ACT
relating to employing, terminating, and reporting the misconduct of
public school personnel and related entity personnel, including
creating a registry of persons ineligible for hire; creating
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.028(a), Education Code, is amended to
read as follows:
(a) Except as provided by Section 21.006(k), 22.093(l),
22.096, 29.001(5), 29.010(a), or 39.057, the agency may monitor
compliance with requirements applicable to a process or program
provided by a school district, campus, program, or school granted
charters under Chapter 12, including the process described by
Subchapter F, Chapter 11, or a program described by Subchapter B, C,
D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section
38.003, and the use of funds provided for such a program under
Subchapter C, Chapter 42, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements; and
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapters 39 and 39A.
SECTION 2. Section 12.027(a), Education Code, is amended to
read as follows:
(a) The State Board of Education may place on probation or
revoke a home-rule school district charter of a school district if
the board determines that the district:
(1) committed a material violation of the charter,
including by failure to comply with the duty to discharge or refuse
to hire certain employees or applicants for employment, as provided
by Section 12.0271;
(2) failed to satisfy generally accepted accounting
standards of fiscal management; or
(3) failed to comply with this subchapter or other
applicable federal or state law or rule.
SECTION 3. Subchapter B, Chapter 12, Education Code, is
amended by adding Section 12.0271 to read as follows:
Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE
CERTAIN EMPLOYEES OR APPLICANTS. A home-rule school district
commits a material violation of the school district's charter if
the school district fails to comply with the duty to discharge or
refuse to hire certain employees or applicants for employment under
Section 22.085 or 22.092.
SECTION 4. Section 12.056(b), Education Code, is amended to
read as follows:
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) prekindergarten programs under Subchapter E,
Chapter 29;
(G) extracurricular activities under Section
33.081;
(H) health and safety under Chapter 38; [and]
(I) public school accountability under
Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; and
(J) the duty to discharge or refuse to hire
certain employees or applicants for employment under Section
12.1059.
SECTION 5. Section 12.063(a), Education Code, is amended to
read as follows:
(a) A board of trustees may place on probation or revoke a
charter it grants if the board determines that the campus or
program:
(1) committed a material violation of the charter,
including by failure to comply with the duty to discharge or refuse
to hire certain employees or applicants for employment, as provided
by Section 12.0631;
(2) failed to satisfy generally accepted accounting
standards of fiscal management; or
(3) failed to comply with this subchapter, another
law, or a state agency rule.
SECTION 6. Subchapter C, Chapter 12, Education Code, is
amended by adding Section 12.0631 to read as follows:
Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE
CERTAIN EMPLOYEES OR APPLICANTS. A campus or campus program
granted a charter under this subchapter commits a material
violation of its charter if the campus or program fails to comply
with the duty to discharge or refuse to hire certain employees or
applicants for employment under Section 12.1059, 22.085, or 22.092.
SECTION 7. Section 12.1059, Education Code, is amended to
read as follows:
Sec. 12.1059. REQUIREMENTS [AGENCY APPROVAL REQUIRED] FOR
EMPLOYMENT OF CERTAIN EMPLOYEES. A person may not be employed by or
serve as a teacher, librarian, educational aide, administrator, or
school counselor for an open-enrollment charter school unless:
(1) the person has been approved by the agency
following a review of the person's national criminal history record
information as provided by Section 22.0832; and
(2) the school has confirmed that the person is not
included in the registry under Section 22.092.
SECTION 8. Section 12.115(a), Education Code, is amended to
read as follows:
(a) Except as provided by Subsection (c), the commissioner
shall revoke the charter of an open-enrollment charter school or
reconstitute the governing body of the charter holder if the
commissioner determines that the charter holder:
(1) committed a material violation of the charter,
including by a failure to:
(A) satisfy accountability provisions prescribed
by the charter; or
(B) comply with the duty to discharge or refuse
to hire certain employees or applicants for employment, as provided
by Section 12.1151;
(2) failed to satisfy generally accepted accounting
standards of fiscal management;
(3) failed to protect the health, safety, or welfare
of the students enrolled at the school;
(4) failed to comply with this subchapter or another
applicable law or rule;
(5) failed to satisfy the performance framework
standards adopted under Section 12.1181; or
(6) is imminently insolvent as determined by the
commissioner in accordance with commissioner rule.
SECTION 9. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1151 to read as follows:
Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE
CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school
commits a material violation of the school's charter if the school
fails to comply with the duty to discharge or refuse to hire certain
employees or applicants for employment under Section 12.1059,
22.085, or 22.092.
SECTION 10. Section 12A.008, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The commissioner may terminate a district's
designation as a district of innovation if the district fails to
comply with the duty to discharge or refuse to hire certain
employees or applicants for employment under Section 12.1059,
applicable to the district under Section 12A.004(a)(1), or Section
22.085 or 22.092.
SECTION 11. Section 21.006, Education Code, is amended by
amending Subsections (a), (b), (b-1), (b-2), (c-1), (d), and (e)
and adding Subsections (g-1) and (k) to read as follows:
(a) In this section:
(1) "Abuse"[, "abuse"] has the meaning assigned by
Section 261.001, Family Code, and includes any sexual conduct
involving an educator and a student or minor.
(2) "Other charter entity" means:
(A) a school district operating under a home-rule
school district charter adopted under Subchapter B, Chapter 12;
(B) a campus or campus program operating under a
charter granted under Subchapter C, Chapter 12; and
(C) an entity that contracts to partner with a
school district under Section 11.174(a)(2) to operate a district
campus under a charter granted to the entity by the district under
Subchapter C, Chapter 12.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement shall notify the State Board for Educator
Certification if:
(1) an educator employed by or seeking employment by
the school district, district of innovation, charter school, other
charter entity, service center, or shared services arrangement has
a criminal record and the school district, district of innovation,
charter school, other charter entity, service center, or shared
services arrangement obtained information about the educator's
criminal record by a means other than the criminal history
clearinghouse established under Section 411.0845, Government Code;
(2) an educator's employment at the school district,
district of innovation, charter school, other charter entity,
service center, or shared services arrangement was terminated and
there is evidence that the educator:
(A) abused or otherwise committed an unlawful act
with a student or minor;
(A-1) was involved in a romantic relationship
with or solicited or engaged in sexual contact with a student or
minor;
(B) possessed, transferred, sold, or distributed
a controlled substance, as defined by Chapter 481, Health and
Safety Code, or by 21 U.S.C. Section 801 et seq.;
(C) illegally transferred, appropriated, or
expended funds or other property of the school district, district
of innovation, charter school, other charter entity, service
center, or shared services arrangement;
(D) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation; or
(E) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
(3) the educator resigned and there is evidence that
the educator engaged in misconduct described by Subdivision (2); or
(4) the educator engaged in conduct that violated the
assessment instrument security procedures established under
Section 39.0301.
(b-1) A superintendent or director of a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement shall complete an investigation of an educator
that involves evidence that the educator may have engaged in
misconduct described by Subsection (b)(2)(A) or (A-1), despite the
educator's resignation from employment before completion of the
investigation.
(b-2) The principal of a school district, district of
innovation, [or] open-enrollment charter school, or other charter
entity campus must notify the superintendent or director of the
school district, district of innovation, [or] charter school, or
other charter entity not later than the seventh business day after
the date:
(1) of an educator's termination of employment or
resignation following an alleged incident of misconduct described
by Subsection (b); or
(2) the principal knew about an educator's criminal
record under Subsection (b)(1).
(c-1) The report under Subsection (c):
(1) must be:
(A) [(1)] in writing; and
(B) [(2)] in a form prescribed by the board; and
(2) may be filed through the Internet portal developed
and maintained by the State Board for Educator Certification under
Subsection (g-1).
(d) The superintendent or director shall notify the board of
trustees or governing body of the school district, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement and the educator of the
filing of the report required by Subsection (c).
(e) A superintendent, director, or principal of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement who in good faith and while acting in an
official capacity files a report with the State Board for Educator
Certification under this section or communicates with another
superintendent, director, or principal concerning an educator's
criminal record or alleged incident of misconduct is immune from
civil or criminal liability that might otherwise be incurred or
imposed.
(g-1) The State Board for Educator Certification shall
develop and maintain an Internet portal through which a report
required under Subsection (c) may be confidentially and securely
filed.
(k) The commissioner may review the records of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement to ensure compliance with the requirement to
report misconduct under this section.
SECTION 12. Section 21.0061, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The board of trustees or governing body of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement shall adopt a policy under which notice is
provided to the parent or guardian of a student with whom an
educator is alleged to have engaged in misconduct described by
Section 21.006(b)(2)(A) or (A-1) informing the parent or guardian:
(1) that the alleged misconduct occurred;
(2) whether the educator was terminated following an
investigation of the alleged misconduct or resigned before
completion of the investigation; and
(3) whether a report was submitted to the State Board
for Educator Certification concerning the alleged misconduct.
(c) In this section, "other charter entity" has the meaning
assigned by Section 21.006.
SECTION 13. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0585 to read as follows:
Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
promptly notify the agency for purposes of Section 22.092 if the
board revokes a certificate or permit of a person on a finding that
the person engaged in misconduct described by Section
21.006(b)(2)(A) or (A-1).
SECTION 14. Subchapter C, Chapter 22, Education Code, is
amended by adding Sections 22.0815 and 22.0825 to read as follows:
Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF
INNOVATION AND OTHER CHARTER ENTITIES. (a) In this section,
"other charter entity" has the meaning assigned by Section 21.006.
(b) A prohibition, restriction, or requirement imposed by
this subchapter on an open-enrollment charter school applies to the
same extent to a district of innovation or other charter entity.
(c) The failure of a district of innovation to provide
information required under Section 22.0832 may result in
termination of the district's designation as a district of
innovation.
Sec. 22.0825. ACCESS TO CRIMINAL HISTORY RECORDS BY TEXAS
EDUCATION AGENCY. (a) In this section, "other charter entity" has
the meaning assigned by Section 21.006.
(b) The agency shall subscribe to the criminal history
clearinghouse as provided by Section 411.0845, Government Code, and
may obtain from any law enforcement or criminal justice agency all
criminal history record information and all records contained in
any closed criminal investigation file that relate to a specific
applicant for employment or current or former employee of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement.
SECTION 15. The heading to Section 22.085, Education Code,
is amended to read as follows:
Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR
PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
OFFENSES.
SECTION 16. Sections 22.085(a) and (e), Education Code, are
amended to read as follows:
(a) A school district, open-enrollment charter school, or
shared services arrangement shall discharge or refuse to hire an
employee or applicant for employment if the district, school, or
shared services arrangement obtains information through a criminal
history record information review that[:
[(1)] the employee or applicant has been:
(1) convicted of or placed on deferred adjudication
community supervision for[:
[(A) a felony offense under Title 5, Penal Code;
[(B)] an offense for [on conviction of] which a
defendant is required to register as a sex offender under Chapter
62, Code of Criminal Procedure; or
(2) convicted of:
(A) a felony offense under Title 5, Penal Code,
if the victim of the offense was under 18 years of age at the time
the offense was committed; or
(B) [(C)] an offense under the laws of another
state or federal law that is equivalent to an offense under
Subdivision (1) or Paragraph (A) [or (B); and
[(2) at the time the offense occurred, the victim of
the offense described by Subdivision (1) was under 18 years of age
or was enrolled in a public school].
(e) The State Board for Educator Certification may impose a
sanction on an educator who does not discharge an employee or refuse
to hire an applicant for employment if the educator knows or should
have known, through a criminal history record information review,
that the employee or applicant has been:
(1) convicted of or placed on deferred adjudication
community supervision for an offense described by Subsection
(a)(1); or
(2) convicted of an offense described by Subsection
(a)(2) [(a)].
SECTION 17. Chapter 22, Education Code, is amended by
adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC
SCHOOLS
Sec. 22.091. DEFINITION. In this subchapter, "other
charter entity" has the meaning assigned by Section 21.006.
Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR
EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
make available through the Internet portal developed and maintained
by the agency under Section 22.095 a registry of persons who are not
eligible to be employed by a school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement.
(b) A school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement shall
discharge or refuse to hire a person listed on the registry
maintained under this section.
(c) The registry maintained under this section must list the
following persons as not eligible to be employed by public schools:
(1) a person determined by the agency under Section
22.0832 as a person who would not be eligible for educator
certification under Subchapter B, Chapter 21;
(2) a person determined by the agency to be not
eligible for employment based on the person's criminal history
record information review, as provided by Section 22.0833;
(3) a person who is not eligible for employment based
on criminal history record information received by the agency under
Section 21.058(b);
(4) a person whose certification or permit issued
under Subchapter B, Chapter 21, is revoked by the State Board for
Educator Certification on a finding that the person engaged in
misconduct described by Section 21.006(b)(2)(A) or (A-1); and
(5) a person who is determined by the commissioner
under Section 22.094 to have engaged in misconduct described by
Section 22.093(c)(1)(A) or (B).
(d) The agency shall provide private schools and public
schools equivalent access to the registry maintained under this
section.
(e) The agency shall adopt rules as necessary to implement
this section.
Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
(a) In this section, "abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving a
student or minor.
(b) This section applies to a person who is employed by a
school district, district of innovation, open-enrollment charter
school, other charter entity, regional education service center, or
shared services arrangement and who does not hold a certification
or permit issued under Subchapter B, Chapter 21.
(c) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement shall notify the commissioner if:
(1) an employee's employment at the school district,
district of innovation, charter school, other charter entity,
service center, or shared services arrangement was terminated and
there is evidence that the employee:
(A) abused or otherwise committed an unlawful act
with a student or minor; or
(B) was involved in a romantic relationship with
or solicited or engaged in sexual contact with a student or minor;
or
(2) the employee resigned and there is evidence that
the employee engaged in misconduct described by Subdivision (1).
(d) A superintendent or director of a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement shall complete an investigation of an employee
that involves evidence that the employee may have engaged in
misconduct described by Subsection (c)(1)(A) or (B), despite the
employee's resignation from employment before completion of the
investigation.
(e) The principal of a school district, district of
innovation, open-enrollment charter school, or other charter
entity campus must notify the superintendent or director of the
school district, district of innovation, charter school, or other
charter entity not later than the seventh business day after the
date of an employee's termination of employment or resignation
following an alleged incident of misconduct described by Subsection
(c)(1)(A) or (B).
(f) The superintendent or director must notify the
commissioner by filing a report with the commissioner not later
than the seventh business day after the date the superintendent or
director receives a report from a principal under Subsection (e) or
knew about an employee's termination of employment or resignation
following an alleged incident of misconduct described by Subsection
(c)(1)(A) or (B). The report must be:
(1) in writing; and
(2) in a form prescribed by the commissioner.
(g) The superintendent or director shall notify the board of
trustees or governing body of the school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement
and the employee of the filing of the report required by Subsection
(f).
(h) A superintendent or director who in good faith and while
acting in an official capacity files a report with the commissioner
under Subsection (f) or a principal who in good faith and while
acting in an official capacity notifies a superintendent or
director under Subsection (e) is immune from civil or criminal
liability that might otherwise be incurred or imposed.
(i) The commissioner shall refer an educator who fails to
file a report in violation of Subsection (f) to the State Board for
Educator Certification, and the board shall determine whether to
impose sanctions against the educator.
(j) The name of a student or minor who is the victim of abuse
or unlawful conduct by an employee must be included in a report
filed under this section, but the name of the student or minor is
not public information under Chapter 552, Government Code.
(k) A superintendent or director required to file a report
under Subsection (f) commits an offense if the superintendent or
director fails to file the report by the date required by that
subsection with intent to conceal an employee's criminal record or
alleged incident of misconduct. A principal required to notify a
superintendent or director about an employee's alleged incident of
misconduct under Subsection (e) commits an offense if the principal
fails to provide the notice by the date required by that subsection
with intent to conceal an employee's alleged incident of
misconduct. An offense under this subsection is a state jail
felony.
(l) The commissioner may review the records of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement to ensure compliance with the requirement to
report misconduct under this section.
(m) The commissioner shall adopt rules as necessary to
implement this section.
Sec. 22.094. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
HEARING. (a) A person described by Section 22.093(b) and who is
the subject of a report that alleges misconduct described by
Section 22.093(c)(1)(A) or (B) is entitled to a hearing on the
merits of the allegations of misconduct under the procedures
provided by Chapter 2001, Government Code, to contest the
allegation in the report.
(b) On receiving a report filed under Section 22.093(f), the
commissioner shall promptly send to the person who is the subject of
the report a notice that includes:
(1) a statement informing the person that the person
must request a hearing on the merits of the allegations of
misconduct within the period provided by Subsection (c);
(2) a request that the person submit a written
response within the period provided by Subsection (c) to show cause
why the commissioner should not pursue an investigation; and
(3) a statement informing the person that if the
person does not timely submit a written response to show cause as
provided by Subdivision (2), the agency shall provide information
indicating the person is under investigation in the manner provided
by Subsection (d).
(c) A person entitled to a hearing under Subsection (a) must
request a hearing and submit a written response to show cause not
later than the 10th day after the date the person receives the
notice from the commissioner provided under Subsection (b).
(d) If a person who receives notice provided under
Subsection (b) does not timely submit a written response to show
cause why the commissioner should not pursue an investigation, the
commissioner shall instruct the agency to make available through
the Internet portal developed and maintained by the agency under
Section 22.095 information indicating that the person is under
investigation for alleged misconduct.
(e) If a person entitled to a hearing under Subsection (a)
does not request a hearing as provided by Subsection (c), the
commissioner shall:
(1) based on the report filed under Section 22.093(f),
make a determination whether the person engaged in misconduct; and
(2) if the commissioner determines that the person
engaged in misconduct described by Section 22.093(c)(1)(A) or (B),
instruct the agency to add the person's name to the registry
maintained under Section 22.092.
(f) If a person entitled to a hearing under Subsection (a)
requests a hearing as provided by Subsection (c) and the final
decision in that hearing determines that the person engaged in
misconduct described by Section 22.093(c)(1)(A) or (B), the
commissioner shall instruct the agency to add the person's name to
the registry maintained under Section 22.092.
(g) If a person entitled to a hearing under Subsection (a)
requests a hearing as provided by Subsection (c) and the final
decision in that hearing determines that the person did not engage
in misconduct described by Section 22.093(c)(1)(A) or (B), the
commissioner shall instruct the agency to immediately remove from
the Internet portal developed and maintained by the agency under
Section 22.095 the information indicating that the person is under
investigation for alleged misconduct.
(h) The commissioner shall adopt rules as necessary to
implement this section.
Sec. 22.095. INTERNET PORTAL. The agency shall develop and
maintain an Internet portal through which:
(1) a report required under Section 22.093(f) may be
confidentially and securely filed; and
(2) the agency makes available:
(A) the registry of persons who are not eligible
to be employed in public schools as described by Section 22.092; and
(B) information indicating that a person is under
investigation for alleged misconduct in accordance with Section
22.094(d), provided that the agency must provide the information
through a procedure other than the registry described under
Paragraph (A).
Sec. 22.096. COMPLIANCE MONITORING. The agency shall
periodically conduct site visits and review the records of school
districts, districts of innovation, open-enrollment charter
schools, other charter entities, regional education service
centers, and shared services arrangements to ensure compliance with
Section 22.092(b).
SECTION 18. Section 39.0302(a), Education Code, is amended
to read as follows:
(a) During an agency investigation or audit of a school
district under Section 39.0301(e) or (f), an accreditation
investigation under Section 39.057(a)(8) or (14), a compliance
review under Section 21.006(k), 22.093(l), or 22.096, or an
investigation by the State Board for Educator Certification of an
educator for an alleged violation of an assessment instrument
security procedure established under Section 39.0301(a), the
commissioner may issue a subpoena to compel the attendance of a
relevant witness or the production, for inspection or copying, of
relevant evidence that is located in this state.
SECTION 19. As soon as practicable after the effective date
of this Act:
(1) the State Board for Educator Certification shall
develop the Internet portal required by Section 21.006(g-1),
Education Code, as added by this Act; and
(2) the Texas Education Agency shall develop the
Internet portal required by Section 22.095, Education Code, as
added by this Act.
SECTION 20. The Texas Education Agency shall establish the
registry of persons who are not eligible to be employed by a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement, as required by Section 22.092, Education
Code, as added by this Act, as soon as practicable and not later
than January 1, 2020.
SECTION 21. The State Board for Educator Certification is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the board may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 22. The Texas Education Agency is required to
implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the agency may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 23. This Act takes effect September 1, 2019.