HBA-JRA, MPM H.B. 1232 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1232 By: Rangel Higher Education 4/24/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas' K-12 public education system is overseen by the State Board of Education and higher education is overseen by the Texas Higher Education Coordinating Board. H.B. 1232 consolidates the authority of the State Board of Education and the Texas Higher Education Coordinating Board under one commissioner by establishing the Board of Texas Education to oversee both public and higher education in this state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 1, Education Code, by adding Sections 1.004-1.008, as follows: Sec. 1.004. BOARD OF TEXAS EDUCATION. (a) Provides that the Board of Texas Education (board) is responsible for overseeing public and higher education in this state. Sets forth the composition of the board. (b) Specifies that board members serve staggered six-year terms, with the terms of onethird of the members expiring February 1 of each odd-numbered year. (c) Requires a vacancy on the board to be filled in the same manner as the original appointment. (d) Requires the governor to designate one board member to serve as the presiding officer of the board at the will of the governor. (e) Requires that appointments to the board be made without regard to race, color, disability, sex, religion, age, or national origin. (f) Provides that the board has the powers and duties provided by law for the State Board of Education and the Texas Higher Education Coordinating Board. Provides that a reference in this code or other law to the State Board of Education is considered a reference to the Board of Texas Education. Provides that a reference to the Texas Higher Education Coordinating Board is considered a reference to the Board of Texas Education or to the Texas Higher Education Agency, as appropriate. Sec. 1.005. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT. (a) Specifies that a person is ineligible for service on the board if the person holds an office with this state or any political subdivision of this state. (b) Provides that a board member must be a representative of the general public. Provides that a person is ineligible for appointment if the person or the person's spouse is employed by or manages a business or organization regulated by or receiving funds from the board, owns or controls more than a 10 percent interest in a business or organization regulated by or receiving funds from the board, or uses or receives a substantial amount of tangible goods, services, or funds from the board, other than authorized reimbursements. (c) Prohibits a person from being a board member or a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of 29 U.S.C., Section 201 et. seq. (Fair Labor Standards Act of 1938) and its subsequent amendments if the person or person's spouse is an officer, employee, or paid consultant of a Texas trade association in the field of education. (d) Prohibits a person from serving as a board member or acting as general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code (Registration of Lobbyists). (e) Provides that a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest for the purposes of this section. Sec. 1.006. REMOVAL OF BOARD MEMBER. (a) Sets forth grounds for removal of a board member. (b) Provides that the validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists. (c) Requires the commissioner of Texas education (commissioner) to notify the board's presiding officer if the commissioner knows that a ground for removal exists and requires the presiding officer to then notify the governor and the attorney general that a potential ground for removal exists. Requires the commissioner to notify the board's next highest ranking officer if the potential ground for removal involves the board's presiding officer and requires the next highest ranking officer to then notify the governor and the attorney general. Sec. 1.007. COMPENSATION AND REIMBURSEMENT OF BOARD MEMBER. Provides that a board member is not entitled to receive compensation. Entitles a board member to reimbursement for expenses as provided by law. Sec. 1.008. COMMISSIONER OF TEXAS EDUCATION. Requires the board to appoint a commissioner of Texas education (commissioner) to serve at the pleasure of the board. Provides that the commissioner has powers and duties provided by law for the commissioner of education and the commissioner of higher education and that a reference in this code or other law to either office is considered a reference to the commissioner of Texas education. SECTION 2. Amends Section 5.001(3), Education Code, to define "commissioner" as the commissioner of Texas education. SECTION 3. Amends Section 7.001, Education Code, to define "board" as the Board of Texas Education, rather than the State Board of Education. SECTION 4. Amends Section 7.002(a), Education Code, to make a conforming change. SECTION 5. Amends Section 7.024(e), Education Code, to make a conforming change. SECTION 6. Amends Subchapter C, Chapter 7, Education Code, as follows: SUBCHAPTER C. New title: COMMISSIONER OF TEXAS EDUCATION SECTION 7. Amends Section 7.055, Education Code, as follows: Sec. 7.055. New title: COMMISSIONER POWERS AND DUTIES. SECTION 8. Amends Subchapter D, Chapter 7, Education Code, as follows: SUBCHAPTER D. New title: BOARD OF TEXAS EDUCATION. SECTION 9. Amends Section 7.102, Education Code, as follows: Sec. 7.102. New title: BOARD OF TEXAS EDUCATION POWERS AND DUTIES. SECTION 10. Amends Section 7.112(a), Education Code, to make conforming changes. SECTION 11. Amends Section 21.033(a), Education Code, to require the commissioner to appoint an employee of the agency to the State Board for Educator Certification as a nonvoting member to represent the interests of public education and to appoint an employee of the Texas Higher Education Agency as a nonvoting member to represent the interests of higher education, rather than to represent the commissioner of education as a nonvoting member. Makes conforming changes. SECTION 12. Amends Section 21.034(a), Education Code, to make conforming and nonsubstantive changes. SECTION 13. Amends Section 55.171(d), Education Code, to provide that bonds and tuition pledged shall first be approved by the Board of Texas Education, rather than the Coordinating Board, Texas College and University System, in accordance with board rules, rather than in accordance with rules and regulations regarding that subject adopted, published and heard in accordance with Section 61.027 (Rules of Procedure; Hearings; Notice; Minutes) of this code. SECTION 14. Amends Section 55.172(b), Education Code, to make conforming changes. SECTION 15. Amends Chapter 61, Education Code, as follows: CHAPTER 61. New title: STATE ORGANIZATION SECTION 16. Amends Section 61.002, Education Code, to set forth that the purpose of this chapter is to provide for leadership and coordination of the Texas higher education system, institutions, and governing boards, rather than to establish in the field of public higher education in the State of Texas an agency to provide leadership and coordination for the Texas higher education system, institutions, and governing boards. Requires the board, with the support of the Texas Higher Education Agency, to be an advocate for the provision of adequate resources and sufficient authority to institutions of higher education, rather than the Texas Higher Education Coordinating Board. Makes conforming changes. SECTION 17. Amends Section 61.003(1), Education Code, to redefine "board" as the Board of Texas Education or the Texas Higher Education Agency, as appropriate. SECTION 18. Amends Section 61.021, Education Code, as follows: Sec. 61.021. New title: ESTABLISHMENT OF TEXAS HIGHER EDUCATION AGENCY FUNCTIONS. (a) Provides that Texas Higher Education Agency is an agency of the state under the oversight of the Board of Texas Education and the supervision of the commissioner of Texas education. Makes conforming changes. (b) Makes a conforming change. SECTION 19. Amends Section 61.0211, Education Code, to specify that unless the Texas Higher Education Agency is continued in existence, as provided by Chapter 325, Government Code (Sunset Law), it is abolished and this chapter expires September 1, 2005, rather than September 1, 2003. Makes conforming changes. SECTION 20. Amends Section 61.028, Education Code, as follows: Sec. 61.028. New title: PERSONNEL; CONSULTANTS SECTION 21. Amends Section 61.028(a), Education Code, to require the commissioner to select and supervise the board's staff who perform duties related to higher education, in addition to performing duties delegated by the board. Deletes the requirement that the commissioner serve at the pleasure of the board. Makes conforming and nonsubstantive changes. SECTION 22. Amends Section 61.784, Education Code, to include the executive director of the Texas Department of Economic Development, rather than the Texas Department of Commerce, among a list of persons the Texas Academy of Foreign Languages and Culture (academy) is required to invite to serve on the interagency task force on international studies and cultural exchange established by the board or to designate a representative to serve on the task force. Makes conforming changes. SECTION 23. Amends Section 61.810(a), Education Code, to make conforming and nonsubstantive changes. SECTION 24. Amends Section 130.008(d), Education Code, to make conforming changes. SECTION 25. Amends Section 130.090(d), Education Code, to make conforming changes. SECTION 26. Amends Section 161.02, Education Code, to make conforming and nonsubstantive changes. SECTION 27. Amends Section 42.005(a), Election Code, to delete a State Board of Education district from among the types of territorial units a county election precinct, including a consolidated precinct, is prohibited from containing territory from more than one of each of those units. SECTION 28. Amends Section 52.092(d), Election Code, to delete a member of the State Board of Education from the list of district offices of the state government. Redesignates existing Subdivisions (d)(2)-(d)(10) to Subdivisions (d)(1)-(d)(9). SECTION 29. Amends Section 68.001(a), Election Code, to make conforming and nonsubstantive changes. SECTION 30. Amends Section 172.024(a), Election Code, to make conforming changes. Redesignates existing Subdivision (a)(7)-(a)(17) to Subdivision (a)(6)-(a)(16). SECTION 31. Amends Section 252.005, Election Code, to make conforming and nonsubstantive changes. SECTION 32. Amends Section 323.0145(a)(2), Government Code, to delete the district boundaries or other identifying information for the State Board of Education from a list of definitions included under "legislative information." Redesignates existing Subparagraph (iv) to Subparagraph (iii) and makes a conforming change. SECTION 33. Amends Section 572.002(4), Government Code, to make a conforming change. Redesignates existing Paragraphs (E)-(F) to Paragraphs (D)-(E). SECTION 34. Amends Section 572.003(c), Government Code, to redefine the term "appointed officer of a major state agency" to include a member of the Texas Department of Economic Development, rather than the Texas Department of Commerce, the Board of Texas Education, rather than the Texas Higher Education Coordinating Board, and the Texas Workforce Commission, rather than the Texas Employment Commission, to conform to Section 52(b), Chapter 1041, Acts of the 75th Legislature, Regular Session, 1997. SECTION 35. Repealer: Sections 7.005 (Cooperation Between State Agencies of Education), 7.051 (Selection of the Commissioner), 7.052 (Term of Office), 7.053 (Removal From Office), 7.101 (Composition), 7.103 (Eligibility for Membership), 7.104 (Terms), 7.105 (Compensation and Reimbursement), 7.106 (Meetings), 7.107 (Officers), 7.108 (Prohibition on Political Contribution or Activity), 61.022 (Members of Board; Appointment; Terms of Office), 61.0221 (Duty in Making or Confirming Appointments), 61.0222 (Restrictions on Board Appointment, Membership, and Employment), 61.0223 (Removal of Board Member), 61.023 (Board Officers), 61.024 (Compensation and Expenses of Members), 61.025 (Quorum; Meetings; Agenda), 61.026 (Committees and Advisory Committees), 61.027 (Rules of Procedure; Hearings; Notice; Minutes), 61.028b (Commissioner of Higher Education; Personnel; Consultants), 61.076 (Cooperation Between State Agencies of Education), 61.077 (Joint Advisory Committee), and Chapter 2, Acts of the 72nd Legislature, 2nd Called Session, 1991. SECTION 36. (a) Requires the governor and lieutenant governor to appoint members to the board as soon as possible after the effective date of this Act. (b) Requires the members appointed under Subsection (a) of this section to draw lots to determine the length of their terms. Provides that terms expiring February 1, 2001, must be served by two members appointed by the lieutenant governor and three members appointed by the governor, two of whom must be appointed from the list of candidates proposed by the speaker of the house of representatives. Provides that terms expiring February 1, 2003, must be served by one member appointed by the lieutenant governor and four members appointed by the governor, two of whom must be appointed from the list of candidates proposed by the speaker of the house of representatives. Provides that terms expiring February 1, 2005, must be served by two members appointed by the lieutenant governor and three members appointed by the governor, one of whom must be appointed from the list of candidates proposed by the speaker of the house of representatives. Provides that successor members serve staggered six-year terms. (c) Provides that the State Board of Education and Texas Higher Education Coordinating Board are abolished on the date of the first meeting of the Board of Texas Education. Provides that staff of the Texas Higher Education Coordinating Board, as it existed before abolishment, continue as employees of the Texas Higher Education Agency under the oversight of the Board of Texas Education, other than the commissioner of higher education. (d) Provides that rules of the State Board of Education and the Texas Higher Education Coordinating Board that are in effect on the date of the first meeting of the Board of Texas Education remain in effect until amended or repealed by the board or superseded by rules adopted by the board. SECTION 37. Requires the board to appoint a person to serve as commissioner of the board as soon as possible after its first meeting. Provides that the positions of commissioner of education and commissioner of higher education are abolished on the date the commissioner of Texas education assumes the duties of that position and requires the commissioner of education and commissioner of higher education to serve in their respective positions until that date. SECTION 38. Provides that a reference in law to the commissioner of education or the commissioner of higher education means the commissioner of Texas education after a person assumes the duties of commissioner of Texas education. SECTION 39. Provides that a change in law made by this Act does not affect the validity of any action taken before the effective date of this Act, an administrative proceeding completed before the effective date of this Act, or the validity of an administrative proceeding, including rulemaking, in progress on the effective date of this Act. SECTION 40. Makes application of this Act prospective as to the repeal of Section 7.108 (Prohibition on Political Contribution or Activity), Education Code. SECTION 41. Makes application of this Act prospective as to amendment of Section 7.112 (Representation of Textbook Publisher by Former Member of Board), Education Code. SECTION 42. Provides that in addition to the substantive changes made by this Act, this Act conforms Section 572.003(c), Government Code, to Section 52(b), Chapter 1041, Acts of the 75th Legislature, Regular Session, 1997. Provides that this Act prevails over another Act of the 76th Legislature, Regular Session, 1999, to the extent of any conflict relating to nonsubstantive additions to and corrections in enacted codes. SECTION 43. Effective date: September 1, 1999. SECTION 44. Emergency clause.