ESC 10 Legal Update 302 W. Broad Street Mansfield, Texas 76063 Phone: 682.422.0009 Fax: 682.422.0008 Developed by www.leasorcrass.com Rhonda Crass
HB 23 • What is it? Expands the definition of a LGO (Local Government Officer) • Previously ‒ Board trustee; ‒ Superintendent or other person designated as an executive officer of a school district; ‒ An employee with respect to whom a school district at its option extended the CIS disclosure requirement. • New law: ‒ Deletes the third option; ‒ Adds: Required filing for an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting or contracting of a vendor.
Definition of Agent and Family • AGENT: Third party who undertakes to transact business or manage some affair for another person by the authority or on account of the other person, including an employee. • Family – within the 3 rd degree of consanguinity or 2 nd degree of affinity.
New Conflicts New Conflicts Disclosure of Family Relationship: If an agent of a vendor has a family relationship with an LGO, then the LGO must disclose that relationship in the CIS.
New Conflicts If an agent (includes an employee) of a vendor (a person who seeks to enter into a contract with a local governmental entity) has a family relationship (3 rd – consanguinity or 2 nd – affinity) with an LGO (an agent of a local government entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor), then the LGO must disclose that relationship in the CIS.
Disclosure of Gifts Drops the amount from $250.00 to $100.00. Exception is gift of food as a guest, but removes the exception for gifts of lodging, transportation or entertainment.
CIQ Changes Ownership Interest Changes for Local Government Officers. Drops the percentage from 10% to 1%.
Penalties District may reprimand, suspend or terminate the employment of an employee who fails to comply. District may declare vendor contract void if vendor failed to file CIQ.
Penalties Repealed the “No Duty” clause. Previously, District had no duty to ensure that a CIQ is properly filed. Does the repeal mean the District has an obligation to ensure CIQ is properly filed?
Student Issues
SB 206 School attendance for foster kids • If student is placed in a residence outside their attendance zone, they can continue to attend school in the original location without tuition. • If you attend school in the foster location, you can continue to remain in the new location even after foster care has ended.
AS9 SB 107 Designation of Campus Behavior Coordinators in District • District must designate a campus behavior coordinator. • Can be a principal or other campus administrator. • Defines duties of the campus behavior coordinator. • Student sent to office out of class now go to campus behavior coordinator.
Slide 12 AS9 All principals and assistant principals in the District will be designated as campus behavior coordinators, so this law has little practical effect. Alaina Smith, 7/28/2015
The Best of 2015 Legislative Session
HB 275 Eggs, regardless of whether packaged, are a farm product for exemption from taxation. If you take your eggs to the farmers market, you do not have to pay taxes to the state on the sale of the eggs.
Next Job Chunnels = Chicken Tunnels
HB 786 Right of Public Employee to Express Breast Milk in the Workplace • Public employer must develop a written policy on the expression of breast milk by an employee. • Provide a reasonable break time each time the employee needs to express breast milk.
Additional Requirements • Provide a place (other than a private bathroom). ‒ Shielded from view; ‒ Free from intrusion from other employees; ‒ Free from intrusion from the public. • Can’t suspend or terminate because they asked to express breast milk. • No private or state cause of action against a public employer.
SB 265 • Student use of Sunscreen – Student may use over the counter topical sunscreen on school property or at school related event. – The bill does not waive or create any liability or cause of action against a school district, its board of trustees or employees.
HB 2708 • Qualifications for Teaching Driver Education Classes – Removes the requirement that an individual providing driver instruction not be disabled by mental illness. – This requirement applied where an individual was being provided instruction by a parent, legal guardian or similar relation.
SB 1309 Requires SBEC to establish a JROTC teaching certificate. – Bachelor's Degree; – Satisfy eligibly and testing requirements; – Complete approved educator prep program. A person is not required to hold a certificate established by this Bill to be employed by a District as JROTC instructor.
ESC 10 Legal Update 302 W. Broad Street Mansfield, Texas 76063 Phone: 682.422.0009 Fax: 682.422.0008 Developed by www.leasorcrass.com Rhonda Crass
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