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.

Sponsorship: Partisan Bill (Democrat 1)

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

A BILL TO BE ENTITLED
AN ACT
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 [as determined by the
board].
(24) The commissioner[, with the approval of the
board,] shall develop and implement a plan for the coordination of
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 [board] shall create the Employers for
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 [board] shall establish the following levels
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 [board] shall establish criteria to
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 [and make recommendations to the board
regarding] businesses that should be recognized, and determine the
level at which each [a] business should be recognized. [The board
may approve or modify the commissioner's recommendation.]
(e) The agency [board] shall honor the recipient of an
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 [State Board
of Education or the] commissioner only if the code provision
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 [chair of the State Board of Education] and the
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 [State Board of Education for
review]. The commissioner [State Board of Education] may reject a
proposed rule [by a vote of at least two-thirds of the members of
the board present and voting]. If the commissioner [State Board of
Education] fails to reject a proposal before the 90th day after the
date on which the commissioner [it] receives the proposal, the
proposal takes effect as a rule of the State Board for Educator
Certification as provided by Chapter 2001, Government Code. The
commissioner [State Board of Education] may not modify a rule
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 [STATE BOARD OF EDUCATION].
(a) The agency [By majority vote, the State Board of Education]
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
[board] under Section 31.022, the agency [board] shall provide the
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[, with the approval of the State Board of Education,]
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 [State Board of Education], shall make available on
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 [State Board of Education] shall adopt
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[, as provided by State Board of
Education policy,] may enter into an interagency contract with a
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 [State Board of Education] shall
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 [shall be] appointed by the commissioner, as follows [State
Board of Education and shall consist of]:
(1) representatives of the center, including members
of the public education system; and
(2) a representative of each sponsoring institution of
higher education[; and
[(3) the commissioner or the commissioner's
representative].
(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 [State Board of
Education and] the membership of the center.
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 [two members of the State Board
of Education appointed by the chair of the board];
(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 [three] members of the public appointed by
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 [State Board of Education].
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, [the
State Board of Education,] and the agency.
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 [and
administered by the State Board of Education], a school district
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
[or State Board of Education] under specific statutory authority
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 [and the
State Board of Education].
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) [the State Board of Education in the
evaluation of the performance of the commissioner;
[(B)] the commissioner in the evaluation of the
performance of the directors of the regional education service
centers;
(B) [(C)] the board of trustees of a school
district in the evaluation of the performance of the superintendent
of the district; and
(C) [(D)] the superintendent in the evaluation
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 [or the State Board of Education] must
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 [or the State Board of Education] must
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 [or the State
Board of Education].
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
[State Board of Education], shall take such action and require such
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 [State Board of Education] shall adopt and enforce an
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) [members of the State Board of Education;
[(2)] the commissioner;
(2) [(3)] employees of the agency; and
(3) [(4)] any person who provides services to the
agency [board] relating to the management or investment of the
permanent school fund.
(c) Not later than the 45th day before the date on which the
commissioner [board] intends to adopt a proposed ethics policy or
an amendment to or revision of an adopted ethics policy, the
commissioner [board] shall submit a copy of the proposed policy,
amendment, or revision to the Texas Ethics Commission and the state
auditor for review and comments. The commissioner [board] shall
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 [board] relating to the
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 [board] shall ensure that applicable
provisions of the ethics policy are included in any contract under
which a person provides services to the agency [board] relating to
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 [A member of
the State Board of Education, the] commissioner, an employee of the
agency, or a person who provides services to the agency [board] that
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 [board].
(b) The commissioner [board or the board's designee] shall,
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 [board], after consultation with
the general counsel of the agency, expressly waives this
prohibition. The commissioner [board] may delegate the authority
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 [state board]
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 [he]
shall draw the [his] warrant on the state treasury as necessary to
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 [chairman of the
State Board of Education];
(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[; or
[(7) a State Board of Education district].
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)[, or (7)], the
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) [member, State Board of Education;
[(2)] state senator;
(2) [(3)] state representative;
(3) [(4)] chief justice, court of appeals;
(4) [(5)] justice, court of appeals;
(5) [(6)] district judge;
(6) [(7)] criminal district judge;
(7) [(8)] family district judge;
(8) [(9)] district attorney;
(9) [(10)] criminal district attorney.
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[; and
[(4) the office of member, State Board of Education].
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) [member, State Board of Education 300
[(7)] chief justice or justice, court of appeals,
other than a justice specified by Subdivision (7) [(8)] 1,875
(7) [(8)] chief justice or justice of a court of
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) [(9)] district judge or judge specified by Section
52.092(d) for which this schedule does not otherwise prescribe a
fee 1,500
(9) [(10)] district or criminal district judge of a
court in a judicial district wholly contained in a county with a
population of more than 850,000 2,500
(10) [(11)] judge, statutory county court, other than
a judge specified by Subdivision (11) [(12)] 1,500
(11) [(12)] judge of a statutory county court in a
county with a population of more than 850,000 2,500
(12) [(13)] district attorney, criminal district
attorney, or county attorney performing the duties of a district
attorney 1,250
(13) [(14)] county commissioner, district clerk,
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) [(15)] justice of the peace or constable:
(A) county with a population of 200,000 or more
1,000
(B) county with a population of under 200,000
375
(15) [(16)] county surveyor75
(16) [(17)] office of the county government for which
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) [172.024(a)(8), (10), or (12)], or for
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[; or
[(F) the State Board of Education];
(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) [State Board of Education; and
[(iv)] United States Congress; and
(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) [a member of the State Board of Education;
[(E)] a district attorney or criminal district
attorney; or
(E) [(F)] an individual appointed to fill a
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, [or] as a [current or] former
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[; or
[(12) a member of the State Board of Education].
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 [STATE BOARD OF EDUCATION] TO PROVIDE
INFORMATION AND ASSISTANCE. The chairman of the Texas
Transportation Commission and the commissioner of education
[chairman of the State Board of Education] shall provide assistance
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.