HBA-NMO, LCA H.B. 2021 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2021
By: Janek
Public Education
10/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Despite provisions set forth in Subchapter F (District-Level and Site-Based
Decision-Making), Chapter 11 (School Districts), Education Code, relating
to campus planning and site-based decisionmaking, prior to the 76th
Legislature, purchases made at a campus level may have been hindered in
large school districts because the sum of many independent purchasing
decisions exceeds the $25,000 threshold that required the use of
district-wide purchasing procedures set forth in Chapter 44 (Fiscal
Management), Education Code. 

H.B. 2021 amends Chapter 44, Education Code, to provide that the $25,000
threshold be applied to campus-level, rather than district-level,
purchases, provided that the school district has adopted a site-based
decision-making plan as set forth in Subchapter F, Chapter 11, delegating
purchasing decisions to the campus level. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 44.031, Education Code, by adding Subsection
(m), as follows: 

(m) Provides that a school district with an average daily attendance of
190,000 or more as determined under Section 42.005 (Average Daily
Attendance) that has formally adopted a site-based decision-making plan
under Subchapter F (District-Level and SiteBased Decision Making), Chapter
11 (School Districts), Education Code, that delegates purchasing decisions
to the campus level, is not required to aggregate and jointly award
purchasing contracts under this section (Purchasing Contracts) if a
purchase is made at the campus level.     

SECTION 2.  Amends Section 44.033, Education Code, by adding Subsection
(e), as follows: 

(e) Provides that a school district with an average daily attendance of
190,000 or more as determined under Section 42.005 that has formally
adopted a site-based decision-making plan under Subchapter F, Chapter 11,
Education Code, that delegates purchasing decisions to the campus level, is
not required to aggregate and jointly award purchasing contracts under this
section (Purchases of Personal Property Valued Between $10,000 and
$25,000), if a purchase is made at the campus level. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.