Be It Enacted by the Legislature of the State of Texas s3

By Ratliff S.B. No. 1

A BILL TO BE ENTITLED

AN ACT

relating to a substantive revision of Titles 1 and 2, Education Code, governing public education; including conforming amendments, repeals, and penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. PURPOSE AND ORGANIZATION OF ACT. (a) Pursuant to Sections 8.33 and 8.34, Chapter 347, Acts of the 73rd Legislature, Regular Session, 1993, this Act reenacts and revises Titles 1 and 2, Education Code.

(b) Section 2 of this Act rearranges and amends Chapters 1‑15, 17‑21, 23, 29, 30, and 35, Education Code.

(d) Sections 4‑24 of this Act amend portions of Chapters 16 and 36, Education Code.

(e) Section 25 of this Act transfers Chapter 32, Education Code, to Title 3, Education Code, and amends that chapter.

(f) Section 26 of this Act transfers Chapter 33, Education Code, to Title 3, Education Code, and amends that chapter.

(g) Section 27 of this Act transfers Subchapter C, Chapter 34, to Title 3, Education Code.

(h) Section 28 of this Act transfers Chapter 35, Education Code, as added by Chapter 682, Acts of the 73rd Legislature, Regular Session, 1993, to Title 3, Education Code.

(i) Sections 29‑59 make substantive and conforming amendments.

(j) Section 60 of this Act repeals various provisions of the Education Code, including Chapters 22, 24‑28, and 31, and various provisions of other statutes.

(k) Sections 61‑78 of this Act contain transition, savings, and effective date provisions.

SECTION 2. Chapters 1‑15, 17‑21, 23, 29, 30, and 35 (as added by Chapters 162 and 347, Acts of the 73rd Legislature, Regular Session, 1993), Education Code, are revised as Titles 1 and 2, Education Code, and amended to read as follows:

TITLE 1. GENERAL PROVISIONS

CHAPTER 1. GENERAL PROVISIONS [TITLE, ORGANIZATION, AND PURPOSE]

Sec. 1.001. [1.01. Short Title. This code shall be known and may be cited as the "Education Code."

[Sec. 1.02. Organization. (a) The division of this code into titles, subtitles, chapters, subchapters, sections, subsections and subdivisions, and the use of captions in connection therewith, are solely for convenience and shall have no legal effect in construing the provisions of the code.

[(b) This code has been organized and subdivided in the following manner:

[(1) the code is divided into titles, containing groups of related chapters;

[(2) the code is also divided into chapters, which are numbered consecutively throughout the code;

[(3) chapters are divided into sections, each of which carries the initial arabic numeral of the chapter in which it is found, and the arrangement of sections within chapters is determined by the numbers following the decimal;

[(4) sections are divided into subsections, and the subsections are numbered consecutively with lowercase letters enclosed in parentheses;

[(5) subsections are divided into subdivisions, and subdivisions are numbered consecutively with arabic numerals enclosed in parentheses;

[(6) subdivisions are divided into paragraphs, and paragraphs are numbered consecutively with capital letters enclosed in parentheses; and

[(7) paragraphs are divided into subparagraphs, and subparagraphs are numbered consecutively with lowercase Roman numerals enclosed in parentheses.

[Sec. 1.03. Purpose and Objectives. The aim in adopting this code is to bring together in a unified and organized form the existing law relating to tax‑supported educational institutions and to simplify, clarify, and harmonize existing law relating both to the public school system and to the state‑supported institutions of higher education.

[Sec. 1.04.] APPLICABILITY. (a) This code applies [shall apply] to all educational institutions supported either wholly or in part by state tax funds unless specifically excluded by this code.

(b) This code does [shall] not apply to those facilities and institutions under the control and direction of the Texas Department of Mental Health and Mental Retardation or [to the institutions for delinquent, dependent and neglected children under the control and direction of] the Texas Youth Commission except as specifically provided by Subchapter A, Chapter 29, or [in] Subchapter E, [of] Chapter 30 [of this code and in Subchapter N, Chapter 21, of this code].

(c) An [Any] educational institution supported either wholly or in part by state tax funds shall, if undertaking to provide educational services to any individual within the jurisdiction or geographical boundaries of the educational institution, provide equal educational opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to [the provisions of] this code and pursuant to rules adopted [the provisions of regulations promulgated] by the State Board of Education [to give effect to the intent of the legislature in its enactment of this code]. An [No individual otherwise eligible for educational services through an] educational institution supported either wholly or in part by state tax funds may not deny services to any student eligible to participate in a school district's special education program as provided by Section 29.003 [with disabilities as defined in Section 21.503 of this code], but the educational institution shall [instead be obligated to] provide individuals with disabilities [such] special educational services as [might from time to time be] authorized by law or, where expressly authorized, [to] assist in and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments.

[(d) Notwithstanding the other provisions of this section, employees of the Texas Youth Council in academic or vocational programs shall be members of the Teacher Retirement System of Texas under Chapter 3 of this code.]

Sec. 1.002 [2.03]. DEDICATION TO THE PEOPLE OF TEXAS. The educational institutions to which [covered by] this code applies are designed for and are open to the people of the State of Texas, subject only to those [such] rules that [and regulations as] the governing boards of those [such] institutions are [may be] authorized by [in] this code to adopt [make and enforce] for the welfare of the [various] institutions under their control.

[CHAPTER 2. GENERAL PROVISIONS]

Sec. 1.003 [2.02]. THE FLYING OF THE STATE FLAG. On all regular school days, every school and other educational institution to which [covered by] this code applies shall fly the state flag in accordance with the Texas Flag Code, Article 6139c, Revised Statutes.

Sec. 1.004 [2.04]. PROTECTION OF LAND IN USE BY SCHOOLS. A [No] public road may not [shall] be opened across land owned and used by any school district or other educational institution to which [covered by] this code applies without the consent of the regents, directors, or trustees of that institution [and approval of the governor], unless the land is subject to sale under [the] general law [laws of Texas]. A road [The roads] already opened across [such] land owned and used by a school district or other educational institution may be closed by the regents, directors, or trustees if [authorities in charge whenever] they:

(1) determine that closing the road is [deem it] necessary to protect the interest of the institution; and

(2) repay, [on repayment] with eight percent interest, [of] the amount [actually] paid, [out] as shown by [appears on] the records of the commissioners court, by the situs county for the land's condemnation.

[Sec. 2.05. Motor Vehicles Owned and Used by State‑Supported Educational Institutions. (a) Motor vehicles, trailers, and semitrailers which are the property of and used exclusively by any school district, institution of higher education, or agency in charge, or branch are exempt from the payment of state registration fee. Nevertheless, the owners of such vehicles must comply with the general statutes relating to motor vehicle registration.

[(b) Application for license plates, identification of vehicles and transfer of ownership are governed by the general statutes relating to motor vehicles and such special provisions of those statutes that relate to the particular type of vehicle concerned.

[(c) A motor vehicle, trailer, or semitrailer that is the property of and used exclusively by any school district or institution of higher education must have the name of the school district or institution of higher education printed on the side of the vehicle. The inscription must be in a color sufficiently different from the body of the vehicle and must be of letters of sufficient height so that the lettering is plainly legible at a distance of not less than 100 feet. This subsection does not apply to a motor vehicle used by campus security personnel commissioned under Section 21.483 of this code or by a peace officer listed in Article 2.12(9), Code of Criminal Procedure. Further, this subsection does not apply to a motor vehicle used by a chancellor or president of an institution of higher education.

[(d) A person commits an offense if the person operates a vehicle subject to Subsection (c) of this section without the proper inscription. An offense under this subsection is punishable by a fine of not less than $25 nor more than $100.]

Sec. 1.005 [2.06]. OATH OF OFFICE AND ALLEGIANCE. (a) Public [No public] funds may not [shall] be paid to any person as a teacher, instructor, visiting instructor, or other employee connected with any tax‑supported educational institution in this state [Texas] unless the person [he] takes the oath of office required of [members of the legislature and all other] state officers, as provided by Section 1, [in] Article XVI, [Section 1, of the] Texas Constitution.

(b) Foreign visiting instructors, refugees, and political refugees from conquered countries are exempted from the requirements in Subsection (a) [of this section] if they file an affidavit, on a form prescribed by the attorney general [of Texas], stating, among other things, that they are not members of the Communist, Fascist, or Nazi parties, nor of any bund, or affiliated organization, and that they will not engage in any un‑American activities, nor teach any doctrines contrary to the constitution and laws of the United States of America or of the State of Texas.

(c) Any teacher or instructor of any tax‑supported educational institution in this state [Texas] who is [shall be] found guilty of openly advocating doctrines that [which] seek to undermine or overthrow by force or violence the republican and democratic forms of government in the United States or that [which] in any way seek to establish a government that does not rest upon the fundamental principle of consent of the governed, shall, after a full adjudicative hearing by the person's [his] employing or appointing authority, be dismissed.

[Sec. 2.10. Maintenance of Existing Institutions. No law establishing or providing for the maintenance of any public educational institution shall be affected or impaired by the repealing clause of this code unless expressly altered or repealed in some preceding or subsequent section herein.

[Sec. 2.12. Average Daily Attendance. In this code, average daily attendance is determined in the manner provided by Section 16.006 of this code.

[CHAPTER 4. PENAL PROVISIONS

[Sec. 4.10. Alteration of Teacher's Certificate. Whoever shall wilfully raise, change, or alter any teacher's certificate or diploma, or other instrument having the force of a teacher's certificate, shall be deemed guilty of a felony and upon conviction shall be confined in the penitentiary not less than two nor more than seven years.

[Sec. 4.11. Approving Voucher Without Certificate. Any county or city superintendent or school trustee who approves any teacher's contract or voucher before the person has presented a valid teacher's certificate shall be fined not less than $25 nor more than $100.

[Sec. 4.12. Traffic in Certificate Examinations. Whoever shall sell, barter, or give away, prior to any forthcoming examination, to applicants for teachers' certificates, or to any person, the questions to be used by any board of examiners in the examination of teachers at any forthcoming examination; or any person who shall accept or otherwise obtain possession of such questions, or the answers thereto, prior to any such examination; or whoever shall use the same fraudulently at the time of said examination, or thereafter; or who shall permit or aid in the substitution of examination papers fraudulently prepared to be substituted for examination papers prepared during the examination; or who accepts remuneration for the granting of certificates or for aiding others to obtain certificates, except as provided for by law, shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and imprisoned in jail for not less than 20 days nor more than 60 days.

[Sec. 4.13. Preventing Use of Adopted Textbooks. Any school trustee who shall prevent or aid in preventing the use in any public school in this state of the books or any of them as adopted under the provisions of this code, or any teacher in any public school in this state who shall wilfully fail or refuse to use the books adopted shall be guilty of a misdemeanor and upon conviction shall be fined a sum of not less than $5 and not more than $50 for each offense, and each day of such wilful failure or refusal by a teacher or wilful prevention of the use of the books by a trustee shall constitute a separate offense.