TEXAS AFT LEGISLATIVE HOTLINE--WEDNESDAY, AUGUST 12, 2009
(copyright 2009 Texas AFT)

Notable New State Laws, Continued: Educational Governance

Among the many new education-related laws enacted by the Texas legislature this spring are several affecting the way state and local education agencies do business. A number of them are summarized below. (For Texas AFT's full summary of notable enactments of the 81st regular legislative session, visit www.texasaft.org.)

Broadcast of State Board of Education meetings
HB 772 requires the Texas Education Agency to broadcast over the Internet live video and audio of each open meeting held by the (often controversial) State Board of Education. TEA must also make available through the agency's Web site archived videos and audio for each meeting. The new requirement, including mandatory video broadcasting, takes effect September 1. For now, you still can receive only an audio broadcast via the Internet.

Note: It so happens you can listen in tomorrow and Friday of this week on SBOE deliberations regarding investment of the Permanent School Fund, new high-school graduation requirements, and textbook purchasing. Just go to www.tea.state.tx.us and scroll down to the "listen live" link. At that same audio-broadcast site you can find archived audio of past SBOE meetings.

Political advertising
HB 1720 and SB 2085 protect from liability an officer or employee of a political subdivision (such as a school district) who spends public funds on a communication as long as the person does not "knowingly" make the expenditure for the purpose of political advertising. Under HB 1720, an officer or employee may not spend public funds for a communication describing a ballot measure if the person knows the information is false and it is likely to influence voters. Under both bills, the governing body of a political subdivision can obtain an advance ruling on whether a particular communication regarding a ballot measure violates the law. An individual is protected from prosecution if he or she reasonably relied on a court order or interpretation by a court, the attorney general, or the Texas Ethics Commission.

Reports required of school districts
HB 3041 adds a provision to the Education Code requiring TEA, "to the extent possible," to develop and maintain a comprehensive schedule of reporting requirements imposed on school districts.

Teacher Retirement System fiduciary counsel
HB 1259 amends the Government Code to clarify that the Teacher Retirement System board must obtain approval from the state attorney general in hiring outside counsel, as required in statute, regardless of the source of funds used, including legal counsel in the areas of ethics and fiduciary responsibilities. Under a previous chairman, the TRS board had attempted to hire outside fiduciary counsel without approval from the attorney general on the theory that the pension fund, rather than state general revenue, was being used to pay for that position. HB 1259 also requires the AG to take timely action on any proposed contract for legal counsel and to specify the reasons for any denial.