| 1 | 1 | | 87R6375 KJE-F |
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| 2 | 2 | | By: Dutton H.B. No. 3872 |
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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 local school health advisory councils and health |
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| 8 | 8 | | education provided by school districts, including requirements |
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| 9 | 9 | | regarding human sexuality instruction. |
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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 28.004, Education Code, is amended by |
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| 12 | 12 | | amending Subsections (d), (d-1), (h), (i), (i-1), and (j) and |
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| 13 | 13 | | adding Subsections (e-1) and (e-2) to read as follows: |
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| 14 | 14 | | (d) The local school health advisory council must consist of |
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| 15 | 15 | | at least five members, with each member appointed by the [The] board |
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| 16 | 16 | | of trustees [shall appoint at least five members to the local school |
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| 17 | 17 | | health advisory council]. A majority of the members must be persons |
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| 18 | 18 | | who are parents of students enrolled in the district and who are not |
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| 19 | 19 | | employed by the district. One of those members shall serve as chair |
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| 20 | 20 | | or co-chair of the council. The board of trustees also may appoint |
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| 21 | 21 | | one or more persons from each of the following groups or a |
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| 22 | 22 | | representative from a group other than a group specified under this |
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| 23 | 23 | | subsection: |
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| 24 | 24 | | (1) classroom teachers employed by the district; |
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| 25 | 25 | | (2) school counselors certified under Subchapter B, |
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| 26 | 26 | | Chapter 21, employed by the district; |
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| 27 | 27 | | (3) school administrators employed by the district; |
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| 28 | 28 | | (4) district students; |
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| 29 | 29 | | (5) health care professionals licensed or certified to |
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| 30 | 30 | | practice in this state, including medical or mental health |
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| 31 | 31 | | professionals; |
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| 32 | 32 | | (6) the business community; |
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| 33 | 33 | | (7) law enforcement; |
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| 34 | 34 | | (8) senior citizens; |
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| 35 | 35 | | (9) the clergy; |
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| 36 | 36 | | (10) nonprofit health organizations; and |
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| 37 | 37 | | (11) local domestic violence programs. |
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| 38 | 38 | | (d-1) The local school health advisory council shall meet at |
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| 39 | 39 | | least four times each year and promptly submit the minutes of each |
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| 40 | 40 | | meeting to the school district. As soon as practicable after |
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| 41 | 41 | | receipt of minutes under this subsection, the district shall post |
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| 42 | 42 | | the minutes on the district's Internet website, if the district has |
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| 43 | 43 | | an Internet website. |
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| 44 | 44 | | (e-1) The board of trustees shall adopt a policy |
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| 45 | 45 | | establishing a process for the adoption of curriculum or curriculum |
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| 46 | 46 | | materials for the district's human sexuality instruction. The |
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| 47 | 47 | | policy must require: |
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| 48 | 48 | | (1) the board to adopt a resolution convening the |
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| 49 | 49 | | local school health advisory council for the purpose of making |
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| 50 | 50 | | recommendations regarding the curriculum or curriculum materials; |
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| 51 | 51 | | (2) the local school health advisory council to: |
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| 52 | 52 | | (A) after the board's adoption of the resolution |
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| 53 | 53 | | under Subdivision (1), hold at least two public meetings, at which |
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| 54 | 54 | | an opportunity for public comment is provided, on the curriculum or |
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| 55 | 55 | | curriculum materials before adopting recommendations; and |
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| 56 | 56 | | (B) provide the recommendations adopted under |
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| 57 | 57 | | Paragraph (A) to the board at a public meeting of the board, at |
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| 58 | 58 | | which an opportunity for public comment is provided; and |
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| 59 | 59 | | (3) the board, after receipt of the local school |
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| 60 | 60 | | health advisory council's recommendations under Subdivision (2), |
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| 61 | 61 | | to take action on the adoption of the recommendations by a record |
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| 62 | 62 | | vote at a public meeting. |
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| 63 | 63 | | (e-2) The commissioner shall adopt rules requiring school |
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| 64 | 64 | | districts to use a process for adopting curriculum materials for |
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| 65 | 65 | | the district's human sexuality instruction, subject to the |
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| 66 | 66 | | requirements under Subsection (e-1), that is substantially similar |
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| 67 | 67 | | to the process used by the State Board of Education in adopting its |
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| 68 | 68 | | list of instructional materials under Section 31.023. |
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| 69 | 69 | | (h) The board of trustees shall determine the specific |
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| 70 | 70 | | content of the district's instruction in human sexuality, in |
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| 71 | 71 | | accordance with this section [Subsections (e), (f), and (g)]. |
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| 72 | 72 | | (i) Before each school year, a school district shall provide |
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| 73 | 73 | | written notice to a parent of each student enrolled in the district |
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| 74 | 74 | | of the board of trustees' decision regarding whether the district |
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| 75 | 75 | | will provide human sexuality instruction to district students. If |
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| 76 | 76 | | instruction will be provided, the notice must include: |
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| 77 | 77 | | (1) a summary of the basic content of the district's |
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| 78 | 78 | | human sexuality instruction to be provided to the student, |
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| 79 | 79 | | including a statement informing the parent of the instructional |
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| 80 | 80 | | requirements under state law; |
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| 81 | 81 | | (2) each date on which the district's human sexuality |
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| 82 | 82 | | instruction will be provided to the student along with a detailed |
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| 83 | 83 | | description of the content of the instruction to be provided on that |
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| 84 | 84 | | date; |
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| 85 | 85 | | (3) a statement of the parent's right to: |
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| 86 | 86 | | (A) receive a copy of [review] curriculum |
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| 87 | 87 | | materials as provided by Subsection (j); [and] |
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| 88 | 88 | | (B) remove the student from any part of the |
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| 89 | 89 | | district's human sexuality instruction without subjecting the |
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| 90 | 90 | | student to any disciplinary action, academic penalty, or other |
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| 91 | 91 | | sanction imposed by the district or the student's school; and |
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| 92 | 92 | | (C) use the grievance procedure as provided by |
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| 93 | 93 | | Subsection (i-1) or the appeals process under Section 7.057 |
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| 94 | 94 | | concerning a complaint of a violation of this section; |
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| 95 | 95 | | (4) a statement that the curriculum materials for the |
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| 96 | 96 | | district's human sexuality instruction must be posted on the |
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| 97 | 97 | | district's Internet website, if the district has an Internet |
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| 98 | 98 | | website, and the Internet website address at which the curriculum |
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| 99 | 99 | | materials are located; and |
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| 100 | 100 | | (5) [(3)] information describing the opportunities |
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| 101 | 101 | | for parental involvement in the development of the curriculum to be |
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| 102 | 102 | | used in human sexuality instruction, including information |
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| 103 | 103 | | regarding the local school health advisory council established |
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| 104 | 104 | | under Subsection (a). |
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| 105 | 105 | | (i-1) A parent may use the grievance procedure adopted under |
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| 106 | 106 | | Section 26.011 concerning a complaint of a violation of this |
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| 107 | 107 | | section [Subsection (i)]. |
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| 108 | 108 | | (j) A school district shall: |
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| 109 | 109 | | (1) on request by a parent of a student enrolled in the |
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| 110 | 110 | | district, provide by mail or e-mail to the parent a copy of [make] |
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| 111 | 111 | | all curriculum materials used in the district's human sexuality |
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| 112 | 112 | | instruction; and |
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| 113 | 113 | | (2) post on the district's Internet website, if the |
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| 114 | 114 | | district has an Internet website, all curriculum materials used in |
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| 115 | 115 | | the district's human sexuality instruction [available for |
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| 116 | 116 | | reasonable public inspection]. |
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| 117 | 117 | | SECTION 2. Section 551.001(3), Government Code, is amended |
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| 118 | 118 | | to read as follows: |
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| 119 | 119 | | (3) "Governmental body" means: |
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| 120 | 120 | | (A) a board, commission, department, committee, |
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| 121 | 121 | | or agency within the executive or legislative branch of state |
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| 122 | 122 | | government that is directed by one or more elected or appointed |
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| 123 | 123 | | members; |
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| 124 | 124 | | (B) a county commissioners court in the state; |
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| 125 | 125 | | (C) a municipal governing body in the state; |
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| 126 | 126 | | (D) a deliberative body that has rulemaking or |
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| 127 | 127 | | quasi-judicial power and that is classified as a department, |
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| 128 | 128 | | agency, or political subdivision of a county or municipality; |
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| 129 | 129 | | (E) a school district board of trustees; |
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| 130 | 130 | | (F) a county board of school trustees; |
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| 131 | 131 | | (G) a county board of education; |
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| 132 | 132 | | (H) the governing board of a special district |
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| 133 | 133 | | created by law; |
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| 134 | 134 | | (I) a local workforce development board created |
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| 135 | 135 | | under Section 2308.253; |
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| 136 | 136 | | (J) a nonprofit corporation that is eligible to |
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| 137 | 137 | | receive funds under the federal community services block grant |
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| 138 | 138 | | program and that is authorized by this state to serve a geographic |
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| 139 | 139 | | area of the state; |
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| 140 | 140 | | (K) a nonprofit corporation organized under |
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| 141 | 141 | | Chapter 67, Water Code, that provides a water supply or wastewater |
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| 142 | 142 | | service, or both, and is exempt from ad valorem taxation under |
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| 143 | 143 | | Section 11.30, Tax Code; [and] |
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| 144 | 144 | | (L) a joint board created under Section 22.074, |
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| 145 | 145 | | Transportation Code; and |
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| 146 | 146 | | (M) a local school health advisory council |
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| 147 | 147 | | established under Section 28.004, Education Code. |
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| 148 | 148 | | SECTION 3. Section 552.003(1), Government Code, is amended |
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| 149 | 149 | | to read as follows: |
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| 150 | 150 | | (1) "Governmental body": |
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| 151 | 151 | | (A) means: |
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| 152 | 152 | | (i) a board, commission, department, |
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| 153 | 153 | | committee, institution, agency, or office that is within or is |
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| 154 | 154 | | created by the executive or legislative branch of state government |
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| 155 | 155 | | and that is directed by one or more elected or appointed members; |
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| 156 | 156 | | (ii) a county commissioners court in the |
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| 157 | 157 | | state; |
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| 158 | 158 | | (iii) a municipal governing body in the |
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| 159 | 159 | | state; |
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| 160 | 160 | | (iv) a deliberative body that has |
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| 161 | 161 | | rulemaking or quasi-judicial power and that is classified as a |
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| 162 | 162 | | department, agency, or political subdivision of a county or |
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| 163 | 163 | | municipality; |
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| 164 | 164 | | (v) a school district board of trustees; |
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| 165 | 165 | | (vi) a county board of school trustees; |
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| 166 | 166 | | (vii) a county board of education; |
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| 167 | 167 | | (viii) the governing board of a special |
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| 168 | 168 | | district; |
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| 169 | 169 | | (ix) the governing body of a nonprofit |
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| 170 | 170 | | corporation organized under Chapter 67, Water Code, that provides a |
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| 171 | 171 | | water supply or wastewater service, or both, and is exempt from ad |
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| 172 | 172 | | valorem taxation under Section 11.30, Tax Code; |
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| 173 | 173 | | (x) a local workforce development board |
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| 174 | 174 | | created under Section 2308.253; |
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| 175 | 175 | | (xi) a nonprofit corporation that is |
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| 176 | 176 | | eligible to receive funds under the federal community services |
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| 177 | 177 | | block grant program and that is authorized by this state to serve a |
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| 178 | 178 | | geographic area of the state; |
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| 179 | 179 | | (xii) a confinement facility operated under |
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| 180 | 180 | | a contract with any division of the Texas Department of Criminal |
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| 181 | 181 | | Justice; |
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| 182 | 182 | | (xiii) a civil commitment housing facility |
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| 183 | 183 | | owned, leased, or operated by a vendor under contract with the state |
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| 184 | 184 | | as provided by Chapter 841, Health and Safety Code; |
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| 185 | 185 | | (xiv) an entity that receives public funds |
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| 186 | 186 | | in the current or preceding state fiscal year to manage the daily |
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| 187 | 187 | | operations or restoration of the Alamo, or an entity that oversees |
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| 188 | 188 | | such an entity; [and] |
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| 189 | 189 | | (xv) the part, section, or portion of an |
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| 190 | 190 | | organization, corporation, commission, committee, institution, or |
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| 191 | 191 | | agency that spends or that is supported in whole or in part by |
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| 192 | 192 | | public funds; and |
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| 193 | 193 | | (xvi) a local school health advisory |
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| 194 | 194 | | council established under Section 28.004, Education Code; and |
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| 195 | 195 | | (B) does not include: |
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| 196 | 196 | | (i) the judiciary; or |
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| 197 | 197 | | (ii) an economic development entity whose |
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| 198 | 198 | | mission or purpose is to develop and promote the economic growth of |
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| 199 | 199 | | a state agency or political subdivision with which the entity |
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| 200 | 200 | | contracts if: |
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| 201 | 201 | | (a) the entity does not receive $1 |
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| 202 | 202 | | million or more in public funds from a single state agency or |
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| 203 | 203 | | political subdivision in the current or preceding state fiscal |
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| 204 | 204 | | year; or |
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| 205 | 205 | | (b) the entity: |
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| 206 | 206 | | (1) either: |
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| 207 | 207 | | (A) does not have the |
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| 208 | 208 | | authority to make decisions or recommendations on behalf of a state |
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| 209 | 209 | | agency or political subdivision regarding tax abatements or tax |
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| 210 | 210 | | incentives; or |
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| 211 | 211 | | (B) does not require an |
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| 212 | 212 | | officer of the state agency or political subdivision to hold office |
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| 213 | 213 | | as a member of the board of directors of the entity; |
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| 214 | 214 | | (2) does not use staff or office |
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| 215 | 215 | | space of the state agency or political subdivision for no or nominal |
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| 216 | 216 | | consideration, unless the space is available to the public; |
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| 217 | 217 | | (3) to a reasonable degree, |
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| 218 | 218 | | tracks the entity's receipt and expenditure of public funds |
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| 219 | 219 | | separately from the entity's receipt and expenditure of private |
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| 220 | 220 | | funds; and |
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| 221 | 221 | | (4) provides at least quarterly |
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| 222 | 222 | | public reports to the state agency or political subdivision |
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| 223 | 223 | | regarding work performed on behalf of the state agency or political |
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| 224 | 224 | | subdivision. |
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| 225 | 225 | | SECTION 4. Sections 28.004(d), (d-1), (i), (i-1), and (j), |
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| 226 | 226 | | Education Code, as amended by this Act, apply beginning with the |
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| 227 | 227 | | 2021-2022 school year. |
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| 228 | 228 | | SECTION 5. Sections 28.004(e-1) and (e-2), Education Code, |
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| 229 | 229 | | as added by this Act, and Section 28.004(h), Education Code, as |
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| 230 | 230 | | amended by this Act, apply beginning with the 2022-2023 school |
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| 231 | 231 | | year. |
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| 232 | 232 | | SECTION 6. (a) Section 551.001, Government Code, as |
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| 233 | 233 | | amended by this Act, applies only to a meeting held on or after |
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| 234 | 234 | | September 1, 2021. A meeting held before September 1, 2021, is |
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| 235 | 235 | | governed by the law in effect immediately before September 1, 2021, |
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| 236 | 236 | | and the former law is continued in effect for that purpose. |
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| 237 | 237 | | (b) Section 552.003, Government Code, as amended by this |
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| 238 | 238 | | Act, applies only to a request for public information received on or |
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| 239 | 239 | | after September 1, 2021. A request for public information received |
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| 240 | 240 | | before September 1, 2021, is governed by the law in effect when the |
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| 241 | 241 | | request was received, and the former law is continued in effect for |
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| 242 | 242 | | that purpose. |
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| 243 | 243 | | SECTION 7. This Act takes effect immediately if it receives |
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| 244 | 244 | | a vote of two-thirds of all the members elected to each house, as |
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| 245 | 245 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 246 | 246 | | Act does not receive the vote necessary for immediate effect, this |
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| 247 | 247 | | Act takes effect September 1, 2021. |
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