Bill Text: TX HB881 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to abolishing the State Board of Education and transferring the functions of the board to the Texas Education Agency and the commissioner of education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-24 - Referred to Public Education [HB881 Detail]
Download: Texas-2011-HB881-Introduced.html
82R196 EAH-D | ||
By: Alonzo | H.B. No. 881 |
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relating to abolishing the State Board of Education and | ||
transferring the functions of the board to the Texas Education | ||
Agency and the commissioner of education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 7.055(b)(9) and (24), Education Code, | ||
are amended to read as follows: | ||
(9) The commissioner shall have a manual published at | ||
least once every two years that contains Title 1 and this title, any | ||
other provisions of this code relating specifically to public | ||
primary or secondary education, and an appendix of all other state | ||
laws relating to public primary or secondary education and shall | ||
provide for the distribution of the manual [ |
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(24) The commissioner[ |
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services to children with disabilities as required under Section | ||
30.001. | ||
SECTION 2. Section 7.112, Education Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) This section expires January 31, 2014. | ||
SECTION 3. Sections 7.113(a), (c), (d), and (e), Education | ||
Code, are amended to read as follows: | ||
(a) The agency [ |
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Education Excellence Award to honor employers that implement a | ||
policy to encourage and support employees who actively participate | ||
in activities of schools. | ||
(c) The agency [ |
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of recognition for employers: | ||
(1) bronze for an employer that implements a policy to | ||
encourage and support employees who attend parent-teacher | ||
conferences; | ||
(2) silver for an employer that: | ||
(A) meets the requirements of bronze; and | ||
(B) implements a policy to encourage and support | ||
employees who volunteer in school activities; and | ||
(3) gold for an employer that: | ||
(A) meets the requirements of silver; and | ||
(B) implements a policy to encourage and support | ||
employees who participate in student mentoring programs in schools. | ||
(d) The commissioner [ |
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certify businesses to receive the Employers for Education | ||
Excellence Award at the appropriate level of recognition. The | ||
commissioner shall review the applications submitted by employers | ||
under Subsection (b), select [ |
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level at which each [ |
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(e) The agency [ |
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Employers for Education Excellence Award by presenting the | ||
recipient with a suitable certificate that includes the business's | ||
level of recognition and other appropriate information. | ||
SECTION 4. Section 12.012(a), Education Code, is amended to | ||
read as follows: | ||
(a) A home-rule school district is subject to federal and | ||
state laws and rules governing school districts, except that a | ||
home-rule school district is subject to: | ||
(1) this code only to the extent that the | ||
applicability to a home-rule school district of a provision of this | ||
code is specifically provided; | ||
(2) a rule adopted under this code by the [ |
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authorizing the rule specifically applies to a home-rule school | ||
district; and | ||
(3) all requirements of federal law and applicable | ||
court orders relating to eligibility for and the provision of | ||
special education and bilingual programs. | ||
SECTION 5. Section 12.112, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.112. FORM. A charter for an open-enrollment | ||
charter school shall be in the form of a written contract signed by | ||
the commissioner [ |
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chief operating officer of the school. | ||
SECTION 6. Section 21.042, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.042. APPROVAL OF RULES. The State Board for | ||
Educator Certification must submit a written copy of each rule it | ||
proposes to adopt to the commissioner [ |
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proposed rule [ |
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date on which the commissioner [ |
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proposal takes effect as a rule of the State Board for Educator | ||
Certification as provided by Chapter 2001, Government Code. The | ||
commissioner [ |
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proposed by the State Board for Educator Certification. | ||
SECTION 7. Section 31.024, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.024. ADOPTION BY AGENCY [ |
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(a) The agency [ |
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shall: | ||
(1) place each submitted textbook on a conforming or | ||
nonconforming list; or | ||
(2) reject a textbook submitted for placement on a | ||
conforming or nonconforming list. | ||
(b) Not later than December 1 of the year preceding the | ||
school year for which the textbooks for a particular subject and | ||
grade level will be purchased under the cycle adopted by the agency | ||
[ |
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lists of adopted textbooks to each school district. Each | ||
nonconforming list must include the reasons an adopted textbook is | ||
not eligible for the conforming list. | ||
SECTION 8. Section 31.201, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.201. DISPOSITION OF TEXTBOOKS. (a) The | ||
commissioner[ |
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may provide for the disposition of: | ||
(1) textbooks, other than electronic textbooks, that | ||
are no longer in acceptable condition to be used for instructional | ||
purposes; or | ||
(2) discontinued textbooks, other than electronic | ||
textbooks. | ||
(b) The commissioner, as provided by rules adopted by the | ||
commissioner [ |
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request copies of discontinued textbooks, other than electronic | ||
textbooks, for use in libraries maintained in municipal and county | ||
jails, facilities operated by the Texas Department of Criminal | ||
Justice for the imprisonment of individuals convicted of felonies | ||
other than state jail felonies, and other state agencies. | ||
(c) The commissioner [ |
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rules under which a school district or open-enrollment charter | ||
school may donate discontinued textbooks, other than electronic | ||
textbooks, to a student, to an adult education program, or to a | ||
nonprofit organization. | ||
SECTION 9. Sections 32.034(a), (c), (d), and (e), Education | ||
Code, are amended to read as follows: | ||
(a) The commissioner[ |
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public institution of higher education or a consortium of public | ||
institutions of higher education in this state to sponsor a center | ||
for educational technology under this section. | ||
(c) The membership of the center shall consist of public | ||
school educators, regional education service centers, institutions | ||
of higher education, nonprofit organizations, and private sector | ||
representatives. The commissioner [ |
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establish membership policies for the center. | ||
(d) The board of directors of the center is composed of the | ||
commissioner or the commissioner's representative and other | ||
persons [ |
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(1) representatives of the center, including members | ||
of the public education system; and | ||
(2) a representative of each sponsoring institution of | ||
higher education[ |
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[ |
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(e) The board of directors shall: | ||
(1) employ a director for the center; | ||
(2) establish priorities for the center's activities; | ||
and | ||
(3) report annually on the operation, projects, and | ||
fiscal affairs of the center to the commissioner if the | ||
commissioner does not serve on the board and to [ |
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SECTION 10. Sections 33.084(a) and (e), Education Code, are | ||
amended to read as follows: | ||
(a) The interscholastic league advisory council is composed | ||
of: | ||
(1) the commissioner [ |
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(2) a member of the house of representatives appointed | ||
by the speaker of the house; | ||
(3) a member of the senate appointed by the lieutenant | ||
governor; | ||
(4) two members of the legislative council of the | ||
University Interscholastic League appointed by the chairman of the | ||
council; | ||
(5) two public school board members appointed by the | ||
commissioner; and | ||
(6) four [ |
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the commissioner. | ||
(e) The advisory council shall review the rules of the | ||
University Interscholastic League and shall make recommendations | ||
relating to the rules to the governor, the legislature, the | ||
legislative council of the University Interscholastic League, and | ||
the commissioner [ |
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SECTION 11. Section 37.216(a), Education Code, is amended | ||
to read as follows: | ||
(a) Not later than January 1 of each odd-numbered year, the | ||
board shall provide a report to the governor, the legislature, [ |
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SECTION 12. Section 39.026, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.026. LOCAL OPTION. In addition to the assessment | ||
instruments adopted and administered by the agency [ |
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may adopt and administer criterion-referenced or norm-referenced | ||
assessment instruments, or both, at any grade level. A | ||
norm-referenced assessment instrument adopted under this section | ||
must be economical, nationally recognized, and state-approved. | ||
SECTION 13. Section 39.052(b), Education Code, is amended | ||
to read as follows: | ||
(b) In determining the accreditation status of a school | ||
district, the commissioner: | ||
(1) shall evaluate and consider: | ||
(A) performance on student achievement | ||
indicators described by Section 39.053(c); and | ||
(B) performance under the financial | ||
accountability rating system developed under Subchapter D; and | ||
(2) may evaluate and consider: | ||
(A) the district's compliance with statutory | ||
requirements and requirements imposed by rule of the commissioner | ||
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that relate to: | ||
(i) reporting data through the Public | ||
Education Information Management System (PEIMS) or other reports | ||
required by state or federal law or court order; | ||
(ii) the high school graduation | ||
requirements under Section 28.025; or | ||
(iii) an item listed under Sections | ||
7.056(e)(3)(C)-(I) that applies to the district; | ||
(B) the effectiveness of the district's programs | ||
for special populations; and | ||
(C) the effectiveness of the district's career | ||
and technology program. | ||
SECTION 14. Section 39.263(c), Education Code, is amended | ||
to read as follows: | ||
(c) The commissioner shall select annually schools and | ||
districts qualified to receive successful school awards for their | ||
performance and report the selections to the governor [ |
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SECTION 15. Section 39.307, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.307. USES OF PERFORMANCE REPORT. The information | ||
required to be reported under Section 39.306 shall be: | ||
(1) the subject of public hearings or meetings | ||
required under Sections 11.252, 11.253, and 39.306; | ||
(2) a primary consideration in school district and | ||
campus planning; and | ||
(3) a primary consideration of: | ||
(A) [ |
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[ |
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performance of the directors of the regional education service | ||
centers; | ||
(B) [ |
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district in the evaluation of the performance of the superintendent | ||
of the district; and | ||
(C) [ |
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of the performance of the district's campus principals. | ||
SECTION 16. Sections 39.331(d) and (e), Education Code, are | ||
amended to read as follows: | ||
(d) Subsections (a) and (b) apply to any report required by | ||
statute that the agency [ |
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prepare and deliver to the governor, lieutenant governor, speaker | ||
of the house of representatives, or legislature. | ||
(e) Unless otherwise provided by law, any report required by | ||
statute that the agency [ |
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prepare and deliver to the governor, lieutenant governor, speaker | ||
of the house of representatives, or legislature may be combined, at | ||
the discretion of the commissioner, with a report required by this | ||
subchapter. | ||
SECTION 17. Section 39.332(b)(23), Education Code, is | ||
amended to read as follows: | ||
(23) The report must contain any additional | ||
information considered important by the commissioner [ |
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SECTION 18. Section 42.004, Education Code, is amended to | ||
read as follows: | ||
Sec. 42.004. ADMINISTRATION OF THE PROGRAM. The | ||
commissioner, in accordance with the rules of the commissioner | ||
[ |
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reports consistent with this chapter as may be necessary to | ||
implement and administer the Foundation School Program. | ||
SECTION 19. Section 43.0031, Education Code, is amended to | ||
read as follows: | ||
Sec. 43.0031. PERMANENT SCHOOL FUND ETHICS POLICY. (a) In | ||
addition to any other requirements provided by law, the | ||
commissioner [ |
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ethics policy that provides standards of conduct relating to the | ||
agency's management and investment of the permanent school fund. | ||
The ethics policy must include provisions that address the | ||
following issues as they apply to the management and investment of | ||
the permanent school fund and to persons responsible for managing | ||
and investing the fund: | ||
(1) general ethical standards; | ||
(2) conflicts of interest; | ||
(3) prohibited transactions and interests; | ||
(4) the acceptance of gifts and entertainment; | ||
(5) compliance with applicable professional | ||
standards; | ||
(6) ethics training; and | ||
(7) compliance with and enforcement of the ethics | ||
policy. | ||
(b) The ethics policy must include provisions applicable | ||
to: | ||
(1) [ |
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[ |
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(2) [ |
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(3) [ |
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agency [ |
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permanent school fund. | ||
(c) Not later than the 45th day before the date on which the | ||
commissioner [ |
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an amendment to or revision of an adopted ethics policy, the | ||
commissioner [ |
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amendment, or revision to the Texas Ethics Commission and the state | ||
auditor for review and comments. The commissioner [ |
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consider any comments from the commission or state auditor before | ||
adopting the proposed policy. | ||
(d) The provisions of the ethics policy that apply to a | ||
person who provides services to the agency [ |
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management or investment of the permanent school fund must be based | ||
on the Code of Ethics and the Standards of Professional Conduct | ||
prescribed by the Association for Investment Management and | ||
Research or other ethics standards adopted by another appropriate | ||
professionally recognized entity. | ||
(e) The agency [ |
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provisions of the ethics policy are included in any contract under | ||
which a person provides services to the agency [ |
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the management and investment of the permanent school fund. | ||
SECTION 20. Section 43.0032, Education Code, is amended to | ||
read as follows: | ||
Sec. 43.0032. CONFLICTS OF INTEREST. (a) The [ |
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agency, or a person who provides services to the agency [ |
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relate to the management or investment of the permanent school fund | ||
who has a business, commercial, or other relationship that could | ||
reasonably be expected to diminish the person's independence of | ||
judgment in the performance of the person's responsibilities | ||
relating to the management or investment of the fund shall disclose | ||
the relationship in writing to the agency [ |
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(b) The commissioner [ |
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in the ethics policy adopted under Section 43.0031, define the | ||
kinds of relationships that may create a possible conflict of | ||
interest. | ||
(c) A person who files a statement under Subsection (a) | ||
disclosing a possible conflict of interest may not give advice or | ||
make decisions about a matter affected by the possible conflict of | ||
interest unless the commissioner [ |
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the general counsel of the agency, expressly waives this | ||
prohibition. The commissioner [ |
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to waive the prohibition established by this subsection. | ||
SECTION 21. Section 86.22, Education Code, is amended to | ||
read as follows: | ||
Sec. 86.22. ACCRUED INTEREST. The interest heretofore | ||
collected by the State Board of Education in accordance with the | ||
provisions of the act of August 21, 1876, due at the end of the | ||
fiscal year of 1876, on the bonds belonging to the Agricultural and | ||
Mechanical College and invested in six percent state bonds, shall | ||
also constitute a part of the perpetual fund of the university until | ||
the legislature shall otherwise provide. The agency [ |
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shall collect the semiannual interest on the bonds as it becomes | ||
due, and place the money in the state treasury to the credit of the | ||
fund. The interest on all such bonds is set apart exclusively for | ||
the use of the university and shall be drawn from the treasury by | ||
the board of directors on vouchers audited by the board, or approved | ||
by the governor and attested by the secretary of the board. On the | ||
vouchers being filed with the comptroller, the comptroller [ |
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shall draw the [ |
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pay the directors, professors and officers of the university. | ||
SECTION 22. Section 105.302(b), Education Code, is amended | ||
to read as follows: | ||
(b) Each of the following shall appoint one member to serve | ||
on the advisory board: | ||
(1) the commissioner of education [ |
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(2) the commissioner of higher education; | ||
(3) the president of the Texas Association of School | ||
Administrators; | ||
(4) the president of the Texas Association for the | ||
Gifted and Talented; | ||
(5) the governor; | ||
(6) the lieutenant governor; and | ||
(7) the speaker of the Texas House of Representatives. | ||
SECTION 23. Sections 42.005(a), Election Code, is amended | ||
to read as follows: | ||
(a) A county election precinct, including a consolidated | ||
precinct, may not contain territory from more than one of each of | ||
the following types of territorial units: | ||
(1) a commissioners precinct; | ||
(2) a justice precinct; | ||
(3) a congressional district; | ||
(4) a state representative district; | ||
(5) a state senatorial district; or | ||
(6) a ward in a city with a population of 10,000 or | ||
more[ |
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[ |
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SECTION 24. Section 42.010(c), Election Code, is amended to | ||
read as follows: | ||
(c) After each redistricting of a territorial unit | ||
described by Section 42.005(a)(3), (4), or (5)[ |
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commissioners court may submit recommendations to the secretary of | ||
state on changes to the territorial units to allow the county to | ||
eliminate county election precincts with no population or a | ||
substantially small population. | ||
SECTION 25. Section 52.092(d), Election Code, is amended to | ||
read as follows: | ||
(d) District offices of the state government shall be listed | ||
in the following order: | ||
(1) [ |
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[ |
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(2) [ |
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(3) [ |
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(4) [ |
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(5) [ |
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(6) [ |
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(7) [ |
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(8) [ |
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(9) [ |
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SECTION 26. Section 68.001(a), Election Code, is amended to | ||
read as follows: | ||
(a) The secretary of state shall tabulate the unofficial | ||
results as provided by this subchapter in each primary election and | ||
general election for state and county officers on each proposed | ||
amendment to the state constitution and for each contested race for | ||
nomination or election to: | ||
(1) a federal office or statewide office of the state | ||
government; | ||
(2) the office of state senator; and | ||
(3) the office of state representative[ |
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[ |
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SECTION 27. Section 172.024(a), Election Code, is amended | ||
to read as follows: | ||
(a) The filing fee for a candidate for nomination in the | ||
general primary election is as follows: | ||
(1) United States senator $5,000 | ||
(2) office elected statewide, except United States | ||
senator 3,750 | ||
(3) United States representative 3,125 | ||
(4) state senator 1,250 | ||
(5) state representative 750 | ||
(6) [ |
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[ |
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other than a justice specified by Subdivision (7) [ |
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(7) [ |
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appeals that serves a court of appeals district in which a county | ||
with a population of more than 750,000 is wholly or partly | ||
situated2,500 | ||
(8) [ |
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52.092(d) for which this schedule does not otherwise prescribe a | ||
fee 1,500 | ||
(9) [ |
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court in a judicial district wholly contained in a county with a | ||
population of more than 850,000 2,500 | ||
(10) [ |
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a judge specified by Subdivision (11) [ |
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(11) [ |
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county with a population of more than 850,000 2,500 | ||
(12) [ |
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attorney, or county attorney performing the duties of a district | ||
attorney 1,250 | ||
(13) [ |
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county clerk, sheriff, county tax assessor-collector, county | ||
treasurer, or judge, constitutional county court: | ||
(A) county with a population of 200,000 or more | ||
1,250 | ||
(B) county with a population of under 200,000 | ||
750 | ||
(14) [ |
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(A) county with a population of 200,000 or more | ||
1,000 | ||
(B) county with a population of under 200,000 | ||
375 | ||
(15) [ |
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(16) [ |
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this schedule does not otherwise prescribe a fee 750 | ||
SECTION 28. Section 172.021(e), Election Code, is amended | ||
to read as follows: | ||
(e) A candidate for an office specified by Section | ||
172.024(a)(7), (9), or (11) [ |
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justice of the peace in a county with a population of more than | ||
850,000, who chooses to pay the filing fee must also accompany the | ||
application with a petition for a place on the primary ballot as a | ||
candidate for judicial office that complies with the requirements | ||
prescribed for the petition authorized by Subsection (b), except | ||
that the minimum number of signatures that must appear on the | ||
petition required by this subsection is 250. If the candidate | ||
chooses to file the petition authorized by Subsection (b) in lieu of | ||
the filing fee, the minimum number of signatures required for that | ||
petition is increased by 250. Signatures on a petition filed under | ||
this subsection or Subsection (b) by a candidate covered by this | ||
subsection may not be obtained on the grounds of a county courthouse | ||
or courthouse annex. | ||
SECTION 29. Section 252.005, Election Code, is amended to | ||
read as follows: | ||
Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED: | ||
CANDIDATE. An individual must file a campaign treasurer | ||
appointment for the individual's own candidacy with: | ||
(1) the commission, if the appointment is made for | ||
candidacy for: | ||
(A) a statewide office; | ||
(B) a district office filled by voters of more | ||
than one county; | ||
(C) a judicial district office filled by voters | ||
of only one county; | ||
(D) state senator; or | ||
(E) state representative[ |
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[ |
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(2) the county clerk, if the appointment is made for | ||
candidacy for a county office, a precinct office, or a district | ||
office other than one included in Subdivision (1); | ||
(3) the clerk or secretary of the governing body of the | ||
political subdivision or, if the political subdivision has no clerk | ||
or secretary, with the governing body's presiding officer, if the | ||
appointment is made for candidacy for an office of a political | ||
subdivision other than a county; | ||
(4) the county clerk if: | ||
(A) the appointment is made for candidacy for an | ||
office of a political subdivision other than a county; | ||
(B) the governing body for the political | ||
subdivision has not been formed; and | ||
(C) no boundary of the political subdivision | ||
crosses a boundary of the county; or | ||
(5) the commission if: | ||
(A) the appointment is made for candidacy for an | ||
office of a political subdivision other than a county; | ||
(B) the governing body for the political | ||
subdivision has not been formed; and | ||
(C) the political subdivision is situated in more | ||
than one county. | ||
SECTION 30. Section 323.0145(a)(2), Government Code, is | ||
amended to read as follows: | ||
(2) "Legislative information" means: | ||
(A) a list of all the members of each house of the | ||
legislature; | ||
(B) a list of the committees of the legislature | ||
and their members; | ||
(C) the full text of each bill as filed and as | ||
subsequently amended, substituted, engrossed, or enrolled in | ||
either house of the legislature; | ||
(D) the full text of each amendment or substitute | ||
adopted by a legislative committee for each bill filed in either | ||
house of the legislature; | ||
(E) the calendar of each house of the | ||
legislature, the schedule of legislative committee hearings, and a | ||
list of the matters pending on the floor of each house of the | ||
legislature; | ||
(F) detailed procedural information about how a | ||
bill filed in either house of the legislature becomes law, | ||
including detailed timetable information concerning the times | ||
under the constitution or the rules of either house when the | ||
legislature may take certain actions on a bill; | ||
(G) the district boundaries or other identifying | ||
information for the following districts in Texas: | ||
(i) house of representatives; | ||
(ii) senate; and | ||
(iii) [ |
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[ |
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(H) other information related to the legislative | ||
process that in the council's opinion should be made available | ||
through the Internet. | ||
SECTION 31. Section 572.002(4), Government Code, is amended | ||
to read as follows: | ||
(4) "Elected officer" means: | ||
(A) a member of the legislature; | ||
(B) an executive or judicial officer elected in a | ||
statewide election; | ||
(C) a judge of a court of appeals or of a district | ||
court; | ||
(D) [ |
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[ |
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attorney; or | ||
(E) [ |
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vacancy in an office or appointed to a newly created office who, if | ||
elected to the office instead of appointed, would be an elected | ||
officer under this subdivision. | ||
SECTION 32. Section 1551.109(a), Insurance Code, is amended | ||
to read as follows: | ||
(a) Subject to Section 1551.351, on application to the board | ||
of trustees and arrangement for payment of contributions, an | ||
individual participating in the group benefits program on August | ||
31, 2003, as a current or former member of a governing body with | ||
administrative responsibility over a state agency created under a | ||
statute of this state that has statewide jurisdiction and whose | ||
employees are covered by this chapter, [ |
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member of the State Board of Education, or as a current or former | ||
member of the governing body of an institution of higher education | ||
remains eligible for participation in a health benefit plan offered | ||
under this chapter if a lapse in coverage has not occurred. | ||
SECTION 33. Section 504.401(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) In this section, "state official" means: | ||
(1) a member of the legislature; | ||
(2) the governor; | ||
(3) the lieutenant governor; | ||
(4) a justice of the supreme court; | ||
(5) a judge of the court of criminal appeals; | ||
(6) the attorney general; | ||
(7) the commissioner of the General Land Office; | ||
(8) the comptroller; | ||
(9) a member of the Railroad Commission of Texas; | ||
(10) the commissioner of agriculture; or | ||
(11) the secretary of state[ |
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[ |
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SECTION 34. Section 545.360, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 545.360. DUTY OF TEXAS TRANSPORTATION COMMISSION AND | ||
COMMISSIONER OF EDUCATION [ |
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INFORMATION AND ASSISTANCE. The chairman of the Texas | ||
Transportation Commission and the commissioner of education | ||
[ |
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and information relevant to consideration of speed limits to | ||
commissioners courts, municipal governing bodies, and other | ||
interested persons. | ||
SECTION 35. On May 1, 2012, the following sections of the | ||
Education Code are repealed: | ||
(1) Section 7.101; | ||
(2) Section 7.102; | ||
(3) Section 7.103; | ||
(4) Section 7.104; | ||
(5) Section 7.105; | ||
(6) Section 7.106; | ||
(7) Section 7.107; | ||
(8) Section 7.108; | ||
(9) Section 7.110; and | ||
(10) Section 43.006(d). | ||
SECTION 36. (a) On May 1, 2012: | ||
(1) all functions and activities performed by the | ||
State Board of Education immediately before that date are | ||
transferred to the Texas Education Agency; | ||
(2) a rule, form, policy, procedure, or decision of | ||
the State Board of Education continues in effect as a rule, form, | ||
policy, procedure, or decision of the Texas Education Agency and | ||
remains in effect until amended or replaced by the commissioner of | ||
education; | ||
(3) a rule of the State Board for Educator | ||
Certification approved by the State Board of Education remains in | ||
effect until amended or replaced as provided by law; | ||
(4) a reference in law or an administrative rule to the | ||
State Board of Education or to the State Board for Career and | ||
Technology Education means the Texas Education Agency, except for a | ||
reference under: | ||
(A) Section 86.22 or 133.006(b), Education Code, | ||
or another law similarly referring to a past action taken by the | ||
State Board of Education; or | ||
(B) Section 7.112, Education Code, Section | ||
1551.109(a), Insurance Code, or another law similarly based on a | ||
person's former status as a member of the State Board of Education; | ||
(5) all money, contracts, leases, rights, property, | ||
records, and bonds and other obligations of the State Board of | ||
Education are transferred to the Texas Education Agency, except | ||
that a contract under Section 12.112, Education Code, is | ||
transferred to the commissioner of education; | ||
(6) a court case, administrative proceeding, contract | ||
negotiation, or other proceeding involving the State Board of | ||
Education is transferred without change in status to the Texas | ||
Education Agency, and the Texas Education Agency assumes, without a | ||
change in status, the position of the State Board of Education in a | ||
negotiation or proceeding relating to an activity transferred by | ||
this Act to the Texas Education Agency to which the State Board of | ||
Education is a party; | ||
(7) an employee of the State Board of Education | ||
becomes an employee of the Texas Education Agency; and | ||
(8) the unexpended and unobligated balance of any | ||
money appropriated by the legislature for the State Board of | ||
Education is transferred to the Texas Education Agency. | ||
(b) Before May 1, 2012, the State Board of Education may | ||
agree with the Texas Education Agency to transfer any property of | ||
the State Board of Education to the Texas Education Agency to | ||
implement the transfer required by this section. | ||
(c) In the period beginning on January 1, 2012, and ending | ||
on April 30, 2012: | ||
(1) the State Board of Education shall continue to | ||
perform functions and activities under the Education Code or other | ||
law as if the law had not been amended or repealed, as applicable, | ||
and the former law is continued in effect for that purpose; and | ||
(2) a person who is authorized or required by law to | ||
take an action relating to the State Board of Education or a member | ||
of the State Board of Education shall continue to take that action | ||
under the law as if the law had not been amended or repealed, as | ||
applicable, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 37. Section 12.112, Education Code, as amended by | ||
this Act, applies only to the required signatories of a charter for | ||
an open-enrollment charter school in the case of a charter entered | ||
into on or after May 1, 2012. The required signatories of a charter | ||
for an open-enrollment charter school in the case of a charter | ||
entered into before May 1, 2012, are governed by the law in effect | ||
on the date the charter is entered into, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 38. This Act does not affect the reference to the | ||
state board of education under Section 143.112(1)(A), Local | ||
Government Code, or a similar reference to the extent that the | ||
reference is to the state board of education of another state. | ||
SECTION 39. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect January 1, 2012, but only if the | ||
constitutional amendment abolishing the State Board of Education | ||
and transferring functions of the board to the Texas Education | ||
Agency is approved by the voters. If that amendment is not approved | ||
by the voters, this Act has no effect. | ||
(b) The change in law made by this Act to Section | ||
1551.109(a), Insurance Code, takes effect May 1, 2012, but only if | ||
the constitutional amendment abolishing the State Board of | ||
Education and transferring functions of the board to the Texas | ||
Education Agency is approved by the voters. If that amendment is | ||
not approved by the voters, the change in law made by this Act to | ||
Section 1551.109(a), Insurance Code, has no effect. |