HBA-JEK S.B. 826 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 826
By: Truan
Public Education
4/16/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law does not address the question of whether a school district may
operate a school program or hold classes on the campus of an institution of
higher education.  Earlier this year, the attorney general concluded that a
school district may not operate a school outside of the district's
geographic boundaries. Senate Bill 826 authorizes the board of trustees of
a school district to operate a school or program or hold a class on the
campus of an institution of higher education regardless of whether the
institution of higher education is located within the boundaries of the
school district. 

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. 

ANALYSIS

Senate Bill 826 amends the Education Code to authorize the board of
trustees of a school district to operate a school or program or hold a
class on the campus of an institution of higher education if the board
obtains written consent from the president or other chief executive officer
of the institution.  The bill authorizes the president or other chief
executive officer of the institution to provide written consent regardless
of whether the institution is located within the boundaries of the
district. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.