SLIDE 1 ESC 10 Legal Update
302 W. Broad Street Mansfield, Texas 76063 Phone: 682.422.0009 Fax: 682.422.0008 www.leasorcrass.com
Developed by Rhonda Crass
SLIDE 2 HB 23
- What is it? Expands the definition of a LGO (Local Government
Officer)
‒ Board trustee; ‒ Superintendent or other person designated as an executive
- fficer of a school district;
‒ An employee with respect to whom a school district at its
- ption 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.
SLIDE 3 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
- ther person, including an
employee.
- Family – within the 3rd degree of
consanguinity or 2nd degree of affinity.
SLIDE 4
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.
SLIDE 5
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 (3rd – consanguinity or 2nd – 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.
SLIDE 6
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.
SLIDE 7
CIQ Changes
Ownership Interest Changes for Local Government Officers. Drops the percentage from 10% to 1%.
SLIDE 8
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.
SLIDE 9
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Repealed the “No Duty” clause.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?
SLIDE 10
Student Issues
SLIDE 11 SB 206
School attendance for foster kids
- If student is placed in a residence
- utside their attendance zone, they
can continue to attend school in the
- riginal 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.
SLIDE 12 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.
AS9
SLIDE 13 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
SLIDE 14
The Best of 2015 Legislative Session
SLIDE 15
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.
SLIDE 16
Next Job
Chunnels = Chicken Tunnels
SLIDE 17 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.
SLIDE 18 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.
SLIDE 19 SB 265
– 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.
SLIDE 20 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.
SLIDE 21
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.
SLIDE 22 ESC 10 Legal Update
302 W. Broad Street Mansfield, Texas 76063 Phone: 682.422.0009 Fax: 682.422.0008 www.leasorcrass.com
Developed by Rhonda Crass
