Texas 2025 - 89th Regular

Texas Senate Bill SB439 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R881 TSS-D
2	2	By: Hinojosa of Hidalgo S.B. No. 439
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to approval by the commissioner of education of certain
10	10	contracts entered into by a school district during the pendency of
11	11	certain special investigations.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter A, Chapter 39, Education Code, is
14	14	amended by adding Section 39.0041 to read as follows:
15	15	Sec. 39.0041. COMMISSIONER APPROVAL OF CERTAIN SCHOOL
16	16	DISTRICT CONTRACTS DURING PENDENCY OF CERTAIN SPECIAL
17	17	INVESTIGATIONS. (a) In this section, "severance payment" means any
18	18	amount paid by a school district to or in behalf of a district
19	19	employee on early termination of the employee's employment contract
20	20	that exceeds the amount earned by the employee under the contract as
21	21	of the date of termination, including any amount that exceeds the
22	22	amount of earned standard salary and benefits, that is paid as a
23	23	condition of early termination of the contract.
24	24	(b) This section applies to a special investigation
25	25	conducted under Section 39.003(a)(3), (6), or (17) in response to:
26	26	(1) a complaint, allegation, or suspicion of financial
27	27	or operational impropriety at a school district; or
28	28	(2) the violation of procurement policies by a member
29	29	of the board of trustees of a school district or a district
30	30	administrator.
31	31	(c) Notwithstanding Subchapter D, Chapter 11, or any other
32	32	law, during the period beginning on the date on which the
33	33	commissioner authorizes a special investigation to which this
34	34	section applies and continuing through the date on which the
35	35	investigation is concluded or, if applicable, the date on which an
36	36	appeal under this subchapter or Section 39A.301 relating to the
37	37	investigation is concluded, the board of trustees of the school
38	38	district that is the subject of the special investigation shall,
39	39	before entering into a contract or amending a contract, submit the
40	40	contract or contract amendment to the commissioner for approval if
41	41	the contract or amendment:
42	42	(1) will bind the district for more than one calendar
43	43	year; or
44	44	(2) entitles an employee of the district to a
45	45	severance payment.
46	46	(d) A court may not enjoin a requirement under this section
47	47	before the conclusion of a special investigation to which this
48	48	section applies or, if applicable, the conclusion of an appeal
49	49	under this subchapter or Section 39A.301 relating to the
50	50	investigation.
51	51	(e) If the commissioner makes a determination to appoint a
52	52	monitor, conservator, management team, or board of managers to a
53	53	school district as a result of a special investigation to which this
54	54	section applies, the commissioner may require the district to
55	55	submit a contract or contract amendment for approval as described
56	56	by Subsection (c) until the date of the appointment.
57	57	(f) Notwithstanding any other law, each contract or
58	58	contract amendment that is entered into by a school district during
59	59	the period described by Subsection (c) must include a provision
60	60	stating that the contract or amendment is voidable.
61	61	(g) A contract or contract amendment that is entered into by
62	62	a school district in violation of this section is void.
63	63	SECTION 2. The changes in law made by this Act apply only to
64	64	a contract or contract amendment entered into on or after the
65	65	effective date of this Act.
66	66	SECTION 3. This Act takes effect September 1, 2025.