TITLE: Relating to prohibiting certain personal services performed by school district administrators; providing a civil penalty.

SUMMARY: Relating to prohibiting certain personal services performed by school district administrators; providing a civil penalty.

FULL TEXT:
AN ACT relating to prohibiting certain personal services performed by school district administrators; providing a civil penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 11, Education Code, is amended by adding Section 11.006 to read as follows: Sec. 11.006. PROHIBITED ACTIVITIES BY ADMINISTRATORS. (a) In this section, "administrator" means a person who has significant administrative duties relating to the operation of a school district, including the operation of a campus, program, or other subdivision of the district. The term does not include: (1) a school district employee whose employment contract responsibilities primarily include the in-classroom instruction of students; or (2) a trustee of a school district. (b) An administrator may not receive any financial benefit for the performance of personal services for: (1) any business entity that conducts or solicits business with the school district that employs the administrator; (2) except as provided by Subsection (c), an education business that provides services regarding the curriculum or administration of any school district; or (3) except as provided by Subsection (c), another school district, open-enrollment charter school, or regional education service center. (c) An administrator, other than a member of a board of managers, superintendent, or assistant superintendent, may receive a financial benefit under Subsection (b)(2) or (3) if: (1) a written contract describing the services to be performed by the administrator is provided to the board of trustees of the administrator's employing district; and (2) the board of trustees for the administrator's employing district votes to approve the contract after determining that: (A) the contract will not harm the district; (B) the arrangement does not present a conflict of interest; and (C) the services to be performed by the administrator will be performed entirely on the administrator's personal time. (d) A contract provided to a board of trustees under Subsection (c) is subject to disclosure under Chapter 552, Government Code. (e) An administrator who violates this section is liable to the state for a civil penalty in the amount of $10,000 for each violation. SECTION 2. Section 11.201(e), Education Code, is repealed. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.