Relating to prohibiting public schools from contracting with and accepting things of value from foreign sources; providing an administrative penalty.

The text as introduced · 1,159 words

90R2228 PRL-D

By: Shofner
H.B. No. 1021

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting public schools from contracting with and

accepting things of value from foreign sources; providing an

administrative penalty.

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

SECTION 1. Subchapter D, Chapter 11, Education Code, is

amended by adding Section 11.1571 to read as follows:

Sec. 11.1571. PROHIBITION ON CONTRACTS WITH OR ACCEPTANCE

OF THINGS OF VALUE FROM FOREIGN SOURCE. (a) In this section:

(1) "Foreign source" means:

(A) a foreign government or an agency of a

foreign government;

(B) a legal entity created solely under the laws

of a foreign government;

(C) an individual who is not a citizen or lawful

permanent resident of the United States, including a territory or

protectorate of the United States;

(D) a partnership, association, organization, or

other combination of persons, or a subsidiary of such an entity,

organized under the laws of a foreign government;

(E) a political party of a foreign government; or

(F) an agent, intermediary, or representative

acting on behalf of an entity or individual described by Paragraph

(A), (B), (C), (D), or (E).

(2) "Thing of value" means any property, money, right,

privilege, or other benefit, including:

(A) a grant;

(B) a gift;

(C) a donation;

(D) equipment;

(E) technology;

(F) a service;

(G) an in-kind contribution;

(H) a scholarship;

(I) a sponsorship;

(J) a payment for travel expenses; and

(K) any other tangible or intangible asset.

(b) Notwithstanding any other law, a school district may

not:

(1) solicit, accept, use, or benefit from a thing of

value given by or on behalf of a foreign source, including through

one or more intermediaries; or

(2) except as provided by Subsection (g), enter into a

contract, agreement, memorandum of understanding, partnership

arrangement, or sponsorship arrangement with a foreign source that

requires the transfer of a thing of value to the district.

(c) A school district shall exercise reasonable diligence

to verify the origin of a thing of value accepted by the district.

(d) If the agency determines that a school district has

violated this section, the agency shall provide to the district

written notice of the violation and a reasonable opportunity to

cure the violation.

(e) If a school district fails to cure a violation of this

section before the 30th day after the date the district receives

notice of the violation under Subsection (d), the commissioner may:

(1) assess an administrative penalty in an amount not

to exceed $50,000 for each violation;

(2) reduce the amount of the school district's

entitlement under Chapter 48 for the school year following the

school year in which the violation occurs; or

(3) notify the attorney general of the relevant facts

related to the violation for investigation and appropriate legal

action, including the forwarding of information to the county or

district attorney having jurisdiction in the district.

(f) A contract, agreement, memorandum of understanding,

partnership arrangement, or sponsorship arrangement entered into

in violation of this section is voidable as against public policy.

(g) This section does not apply to a contract, agreement,

memorandum of understanding, partnership arrangement, or

sponsorship arrangement entered into by a school district for the

purposes of the exchange of students through a study abroad program

or student exchange program.

SECTION 2. Section 12.104(b), Education Code, is amended to

read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the agency;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) reading and mathematics instruments and

reading interventions under Sections 28.006, 28.0063, and 28.0064;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section 22A.051 or

22A.052 to report misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115,

37.207, and 37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186;

(Y) parental options to retain a student under

Section 28.02124;

(Z) diversity, equity, and inclusion duties

under Section 11.005;

(AA) parental access to instructional materials

and curricula under Section 26.0061;

(BB) the adoption of a parental engagement policy

as provided by Section 26.0071;

(CC) parental rights to information regarding a

student's mental, emotional, and physical health-related needs and

related services offered by the school as provided by Section

26.0083; [ and ]

(DD) establishment of a local school health

advisory council with members appointed by the governing body of

the school and health education instruction that complies with

Section 28.004 ; and

(EE) contracting with and the acceptance of a

thing of value from a foreign source under Section 11.1571 .

SECTION 3. Section 11.1571, Education Code, as added by

this Act, applies only to a contract, agreement, memorandum of

understanding, partnership arrangement, or sponsorship arrangement

entered into on or after the effective date of this Act. A

contract, agreement, memorandum of understanding, partnership

arrangement, or sponsorship arrangement entered into before that

date is governed by the law in effect on the date the contract,

agreement, memorandum of understanding, partnership arrangement,

or sponsorship arrangement was entered into, and the former law is

continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2027.