H.B. No. 3643
AN ACT
relating to the creation of the Texas Commission on Virtual
Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 48, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. TEXAS COMMISSION ON VIRTUAL EDUCATION
Sec. 48.401. DEFINITION. In this subchapter, "commission"
means the Texas Commission on Virtual Education.
Sec. 48.402. TEXAS COMMISSION ON VIRTUAL EDUCATION. (a)
The commission is established to develop and make recommendations
regarding the delivery of virtual education in the public school
system and state funding for virtual education under the Foundation
School Program.
(b) The commission consists of 13 members appointed as
follows:
(1) four members appointed by the governor;
(2) four members appointed by the lieutenant governor;
(3) four members appointed by the speaker of the house
of representatives; and
(4) a member of the State Board of Education, as
designated by the chair of that board.
(c) The members appointed by the governor must have an
interest in public education and include at least:
(1) one current or retired classroom teacher with at
least 10 years of teaching experience;
(2) one member of the business community; and
(3) one member of the civic community.
(d) The appointments made by the lieutenant governor and the
speaker of the house of representatives must each consist of:
(1) three members of the applicable legislative
chamber; and
(2) an administrator in the public school system or an
elected member of the board of trustees of a school district.
(e) In making appointments under Subsections (b)(1), (2),
and (3), the governor, lieutenant governor, and speaker of the
house of representatives shall coordinate to ensure that the
membership of the commission reflects, to the extent possible, the
ethnic and geographic diversity of this state.
Sec. 48.403. PRESIDING OFFICER. The governor shall
designate the presiding officer of the commission.
Sec. 48.404. COMPENSATION AND REIMBURSEMENT. A member of
the commission is not entitled to compensation for service on the
commission but is entitled to reimbursement for actual and
necessary expenses incurred in performing commission duties.
Sec. 48.405. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The
agency shall provide administrative support for the commission.
(b) Funding for the administrative and operational expenses
of the commission shall be provided by legislative appropriation
made to the agency for that purpose.
Sec. 48.406. RECOMMENDATIONS. (a) The commission shall
develop recommendations to address issues related to the delivery
of and funding for virtual education, including alternative
instructional delivery methods and alternative methods of funding.
(b) The commission may establish one or more working groups
composed of not more than five members of the commission to study,
discuss, and address specific policy issues and recommendations to
refer to the commission for consideration.
Sec. 48.407. REPORT. Not later than December 31, 2022, the
commission shall prepare and deliver a report to the governor and
the legislature that contains commission recommendations for
legislative action to improve the implementation of virtual
education.
Sec. 48.408. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)
The commission may hold public meetings as needed to fulfill its
duties under this subchapter.
(b) The commission is subject to Chapters 551 and 552,
Government Code.
Sec. 48.4085. GIFTS, GRANTS, AND DONATIONS. The agency may
accept gifts, grants, and donations from any source to support the
commission.
Sec. 48.409. COMMISSION ABOLISHED; EXPIRATION OF
SUBCHAPTER. The commission is abolished and this subchapter expires
January 1, 2023.
SECTION 2. The Texas Commission on Virtual Education, as
created by Subchapter I, Chapter 48, Education Code, as added by
this Act, 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, support the
commission using other appropriations available for that purpose.
SECTION 3. This Act applies beginning with the 2021-2022
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3643 was passed by the House on April
29, 2021, by the following vote: Yeas 103, Nays 41, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3643 on May 28, 2021, by the following vote: Yeas 106, Nays 40,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3643 was passed by the Senate, with
amendments, on May 24, 2021, by the following vote: Yeas 29, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor