HB3372 - Relating to prohibiting certain personal services performed by school district administrators; providing a civil penalty.

      H.B. No. 3372         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.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3372 was passed by the House on May   15, 2025, by the following vote:  Yeas 141, Nays 1, 2 present, not   voting; that the House refused to concur in Senate amendments to   H.B. No. 3372 on May 29, 2025, and requested the appointment of a   conference committee to consider the differences between the two   houses; and that the House adopted the conference committee report   on H.B. No. 3372 on May 31, 2025, by the following vote:  Yeas 121,   Nays 6, 3 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 3372 was passed by the Senate, with   amendments, on May 27, 2025, by the following vote:  Yeas 30, Nays   1; at the request of the House, the Senate appointed a conference   committee to consider the differences between the two houses; and   that the Senate adopted the conference committee report on H.B. No.   3372 on May 31, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor