TITLE LAYOUT Updating Purchasing Procedures and Forms KEEPING UP - - PowerPoint PPT Presentation

TITLE LAYOUT

Subtitle

KEEPING UP WITH THE LEGISLATURE

Updating Purchasing Procedures and Forms

Learning Objectives

• Learn new requirements related to vendors not boycotting

Israel (House Bill 89) and anti-terrorism verifications (Senate Bill 252)

• Review revised and updated forms related to

transparency (Form 1295 and Conflicts of Interest CIS & CIQ)

• Learn some general tips related to updating forms, boiler

plate language, and using YOUR contracts.

House Bill 89 – Texas Govt. Code Ch. 2270

• Prohibition on Contracting with Companies who Boycott Israel – effective

9/1/2017 – Companies: means for-profit, not other governmental entities – Boycott: refusing to deal with, terminating business with, or taking any

• ther action intended to penalize, inflict economic harm on, or limit

commercial relations specifically with Israel or with a person or entity doing business in Israel or in an Israeli-controlled territory.

• This definition does NOT include an action made for ordinary business

purposes.

• Texas and many other states passed laws in response to the Boycott,

Divestment and Sanctions (BDS) movement, whose political goat is to change policy toward the State of Israel in relation to Palestinians.

House Bill 89 – Nevada Lawsuit

• According to a press release from the Texas Attorney

General’s office, “[a]fter Arizona’s law took effect in 2016, Mikkel Jordahl, a state contractor who is Anti-Israeli, balked at having to sign a form on behalf of his company certifying he was not engaged in any boycotts against

• Israel. The ACLU sued Arizona on his behalf, arguing

that the state law violates Jordahl’s free speech rights”.

• This case is currently pending in a Federal district court in
• Arizona. Another similar case is pending in Kansas.

Language in Section 2270.002

• 2270.002. PROVISION REQUIRED IN CONTRACT.

A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

House Bill 89 – Requirements

• Requires language be included in all school district

contracts that the [vendor, architect, contractor] does not boycott Israel and will not boycott Israel during the term of the Contract.

• Include this language in all contracts, purchase orders,
• etc. with all for-profit businesses.
• Express language does not require a separate form to be

completed by the vendor during procurement.

House Bill 89 – Comptroller List

• List of Companies that Boycott Israel maintained by

Comptroller at:

https://comptroller.texas.gov/purchasing/publications/divestment.php

• 5th Largest Supermarket Chain in United Kingdom & a

Norwegian Financial Services Company for Norwegian public employees

Senate Bill 252 – Tex. Govt. Code Ch. 2252

• Similar to HB 89
• Prohibits school districts from entering into contracts with

a company that is identified on a list as doing business in Iran, Sudan, or with a foreign terrorist organization. – Applies to contracts for the purchase of supplies, materials, equipment and services, including construction services. – Also applies to professional and consulting services

Where do I find this list?

• Sec. 2252.153. LISTED COMPANIES. The comptroller

shall prepare and maintain, and make available to each governmental entity, a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.

Status of Comptroller List

• Lists of Companies that do business with Iran, Sudan, or

a foreign terrorist organization to be maintained by Comptroller at:

https://comptroller.texas.gov/purchasing/publications/divestment.php

• Comptroller’s List of Scrutinized Companies were added

last week even though dated March 1.

Scrutinized Companies with ties to Iran

Scrutinized Companies with ties to Sudan

Scrutinized Companies with ties to FTOs

Senate Bill 252 – Requirements

• School Districts should consult the Comptroller’s list for

each contract it enters or renews after Sept. 1, 2017 One method: before entering a contract:

• 1. Check Comptroller’s website.
• 2. Print current list.
• 3. Sign and date the printed list verifying compliance.
• 4. Add page to vendor file.

Do we need a Separate Form?

• Statute does not require a separate form to be completed

by the prospective vendor during procurement.

• Statute does not require specific language be included in

your contract.

• Can you rely on a representation from a company that

they do not do business with terrorists?

• Law requires the school district to verify the vendor is not
• n the list.

HB 3270: New Criminal History Requirements

• Formerly, required Criminal History Record Information

(CHRI) if direct contact with students, no distinction on construction v. other contracts

• Some questions about remodeling or addition projects.

HB 3270 seeks to provide some clarification

• See Educ. Code 22.0834, 22.08341 & Govt. Code

411.097

Construction – Non-Schools

• A person does not have the opportunity for direct contact

with students if the public work does not involve the construction, alteration, or repair of an instructional facility.

• An instructional facility is used predominantly for teaching

required curriculum.

Construction – New Schools

• A person does not have the opportunity for direct contact

with students on a new facility if the person’s duties end not later than seven (7) days before the facility will be used for instruction.

Renovations/Additions to Existing Schools

• For a public work that involves an existing instructional

facility: (A) the public work area contains sanitary facilities and is separated from all areas used by students by a secure barrier fence that is not less than six feet in height; and (B) the contracting entity adopts a policy prohibiting employees, including subcontracting entity employees, from interacting with students or entering areas used by students, informs employees of the policy, and enforces the policy at the public work area.

HB 3021 –Architects/Engineers

• Modifies the Standard of Care a school district must

contractually require of an architect or engineer as follows: (1) with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the

• rdinary professional skill and care of a competent

engineer or architect.

Benefit to Small, Rural School Districts

• If you are in a small, rural school district and have a

potential design defect, it may be difficult to find another architect or engineer in the same or similar locality to be an expert witness related to the standard of care.

SB 807 – Voidable Provisions of Construction Contracts

• Sec. 272.001. VOIDABLE CONTRACT PROVISION.

(a) This section applies only to a construction contract concerning real property located in this State. (b) If a construction contract or an agreement collateral to or affecting the construction contract contains a provision making the contract or agreement or any conflict arising under the contract or agreement subject to another state's law, litigation in the courts of another state, or arbitration in another state, that provision is voidable by a party

• bligated by the contract or agreement to perform the

work that is the subject of the construction contract.

Form 1295: More Transparency = More Forms

• House Bill 1295 (2015) introduced Form 1295

– aka Certificate of Interested Parties

• Recommend including a sample form with your

RFP/CSP/RFQ, etc.

• But only required when entering into a contract

– must use online filing application on the Texas Ethics Commission’s website: https://www.ethics.state.tx.us/

Form 1295 – Continued

• Form 1985 applies to a contract between a school district and

a business entity at the time it is voted on by the Board of Trustees or at the time it binds the school district, whichever is earlier, including an amended, extended, or renewed contract, of a school district that either:

• 1. Requires an action or vote by the Board of Trustees before

the contract may be signed; or

• 2. Has a value of at least $1 million.
• The disclosure requirement applies to a contract entered into
• n or after January 1, 2016.

Form 1295 – How To’s

• Business completes form, submits to school district,

school district uses same application to acknowledge receipt (not later than 30 days after receipt)

• If contract was entered into before 1/1/2016, but was

amended, extended or renewed after 1/1/2016 – will need them to complete Form 1295.

Form 1295 – 2017 Updates

• “Changes to the law requiring certain businesses to file a Form

1295 are in effect for contracts entered into or amended on or after January 1, 2018. The changes exempt businesses from filing a Form 1295 for certain types of contracts. – A publicly traded business entity; – An electric utility; and – A gas utility.

• Form no longer required to be notarized after January 1, 2018.
• “The unsworn declaration, including the date of birth and address
• f the signatory, replaces the notary requirement that applied to

contracts entered into before January 1, 2018”.

Form 1295 – Continue

Form 1295 – Sample

Conflict of Interest Forms

• Two Main Forms:

–CIS (for school board members, superintendents, and more) –CIQ (for vendors, Q = Questionnaire)

• Conflicts Rules changed significantly in 2015

– Texas Local Government Code Chapter 176

• Texas Ethics Commission has the latest updated Forms

CIS and CIQ (rev. November 30, 2015): https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm

Sample CIQ – top half

Sample CIQ – bottom half

Some General Tips

• Check any forms provided from outside sources

– For example: IRS Form W-9. Check the IRS website, are you using the latest version of FormW-9? – Revised November 2017

• When is the last time you reviewed your ‘boilerplate’?

– Is it still up to date? – Is it consistent? – Is it duplicative? – Is anything confusing? If it confuses you it will confuse the vendor

More General Tips

• Do you use different standards for goods versus services?
• How will the contract be funded?

– Any Federal EDGAR requirements, special grant requirements?

• Do your forms reference the statute or the bill?

– For example: “Texas Education Code Section 22.0834” instead

• f “Senate Bill __” It is normally easier to find the statute.
• Do you ask vendors to clearly mark any confidential information?

– If you have a public information request for all bids will you know what needs to be sent to the Texas Attorney General?

FERPA – PTAC Best Practices

• FERPA – Family Educational Rights and Privacy Act
• PTAC – Privacy Technical Assistance Center
• If your contract will involves disclosure of personally

identifiable student information, such as online educational services

• PTAC has published guidance on best practices for

protecting such information in contracts

• https://studentprivacy.ed.gov/audience/school-officials-k-12

Why Include YOUR Sample Contract?

• Why have a contract?
• Why use your contract instead of asking for theirs?
• Example – modified AIA contracts for construction.

Itemization of Public Notice Expenditures in Budget

• Senate Bill 622 (Eff. June 9, 2017) Adds: Tex. Loc. Gov’t

Code §140.0045.

• Requires political subdivisions to include a line item in their

proposed budgets for expenditures for required newspaper notice publication.

• The notice must be “as clear a comparison as practicable” of

proposed expenditures and prior year actual expenditures.

• Applies to proposed budgets for fiscal year beginning on or

after January 1, 2018.

• Exception: A community college district is not considered a

political subdivision.

Elimination of Straight-Party Voting

• Government House Bill 25 (Eff. September 1, 2020) Amends: Tex. Elec. Code

§§31.012(a), 62.011(c), 65.011, 105.002(c), 122.001(a), 129.023(c). Adds: Tex.

• Elec. Code §31.012(b-1). (d). Repeals: Tex. Elec. Code §§1.005(20), 52.071,

64.004, 65.007, 122.001(b), 124.001,.003(d),.063(d), 232.050(d).

• The Secretary of State will establish procedures necessary to implement the

elimination of straight-party voting to ensure that voters and county election administrators are not burdened by the change.

• The Secretary of State and all voter registrars will create a website providing

notice that straight-ticket voting has been eliminated on each entity’s website.

• After September 1, 2020, the Secretary of State will give each county election

administrator and county chair of each political party notice that straight ticket voting has been eliminated.

• The notice will be in each language that voter registration and election materials

are available.

School Board Governance

• Senate Bill 1566 (Eff. September 1, 2017) Amends: Tex. Educ. Code

§§11.1512(c), .159(b), 26.011, 33.908, 39.102(a), .107(b-1). Adds: Tex.

• Educ. Code§§11.151(f), .1511(d), .1512 (c-1), (c-2), (c-3), (g), .1515, .1516,

159(c), (d), .182, 12A.0071, 25.0822, 29.918(d), (e), (f), 33.9031, 37.815, 38.031. Repeals: Article 2700a, Vernon’s Texas Civil Statutes.

• School Personnel Testimony or Appearance Before the Board

– Without interference by a superintendent, a board may require a district’s chief business official, curriculum director, or person holding an equivalent position to appear at an executive session of the board or to testify at a public hearing.

• Board Member Visits Policy

– Requires a district to create a policy on visits to a district campus or other facility by a member of the board of trustees.

–

School Board Governance – continued

• Board Policy on Meal Card Grace Period

– A board is required to adopt a grace period policy regarding the use of a prepaid meal card or account to purchase meals. Additionally, a board is required to determine the length of the grace period.

• Extracurricular Complaints

– A board is NOT required to address a complaint concerning a student’s participation in an extracurricular activity that does not involve a violation

• f a right guaranteed by Texas Education Code Chapter 26 -

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.26.htm – However, any parent may still bring a claim under the IDEA or a successor Federal statute.

School Board Governance – Announcement of Board Member Training

• Instead of the last meeting of a calendar year, the minutes of

the last regular meeting of the board of trustees held before an election of trustees must reflect whether each trustee has met or is deficient in meeting the training required for the trustee as of the first anniversary of the date of the trustee’s election of appointment.

• If a trustee fails to receive their training credit, the district

must post the minutes on the district’s website within ten (10) business days of the meeting and maintain the posting until the trustee meets the requirements.

School Board Governance – Access to Records

• A district no longer benefits from the discretionary exception

to the board member’s access to FERPA – protected records.

• A board member must maintain the confidentiality of

information, documents, and records received as required by FERPA or other privacy laws.

• A district must respond to a board member’s request for

information, documents, and records maintained by the district no later than the 20th business day after the date the district receives a request.

• The time to respond may be extended for a period not to

exceed the 30th business day in compliance with statutory requirements.

School Board Governance – continued

• Access to Records (Cont.)
• A member may bring suit against the district for injunctive

relief, court costs, and reasonable attorney fees.

• Any awarded costs and fees must be paid from the

superintendent’s budget.

• Board Member Visits Policy

– Requires a district to create a policy on visits to a district campus or other facility by a member of the board of trustees.

School Board Governance – Employees Parking with Firearms

• A school district may not prevent a school employee or person,

who holds a Texas License to carry a handgun from transporting

• r storing a handgun or other fire arm or ammunition in a locked,

privately owned or leased motor vehicle in a parking lot, parking garage, or other parking area provided by the district.

• The handgun, firearm, or ammunition may not be in plain view.
• A person may not possess, transport, or store a handgun, a

firearm, or ammunition in violation of Texas Education Code Section 37.125 (exhibition of firearms); Texas Penal Code Section 46.03 (places weapons prohibited); Texas Penal Code Section 46.035 (unlawful carrying of handgun by license holder).

Recording Meetings for 10,000+ Enrollment

• House Bill 523 (Eff. September 1, 2017) Amends: Tex.

Gov’t Code § 551.128(b-1).

• Requires a school district that has a student enrollment of

10,000 or more to make a video and audio recording of reasonable quality only for a work session or a special called meeting if the board of trustees: – Votes on any matter; OR – Allows public comment or testimony.

Student Information Protection

• House Bill 2087 (Eff. September 1, 2017) Adds: Tex. Educ. Code § §

32.151-.157.

• General

– Restricts the use of personal identifiable information gathered by

• perators of computer services that interact with school districts.
• Covered Information

– Personally identifiable information that is not publicly available that is:

• Created by a student or the student’s parent;
• Created by an employee of a school district or campus for a school

purpose; AND

• Gathered by an operator through the operation of the operator’s

technology.

Student Information Protection – continued

• Prohibited Uses of Covered Information
• Targeted Advertising;
• Use of information to create a student profile; and
• Selling or renting any students’ covered information, with exceptions for successor

entities, and national assessment providers.

• Allowed Disclosure of Covered Information

– Further a school purpose without further disclosure except for operability of the

• perator’s website;

– Protect against liability, ensure legal and regulatory compliance, and participate in judicial process; – Protect the safety of the users or website security; – For legitimate research purpose or postsecondary educational purpose;and – For a request by the agency or the school district for a school purpose.

Student Information Protection – continued

• An operator is allowed to:

– Recommend to the student additional services or content relating to an educational, learning, or employment opportunity if the recommendation is not determined by payment or other considered from a third party; – Respond to a student’s request for information or for feedback without the information or response being determined by payment or other consideration from a third party;OR – Use covered information to improve educational products as long as that information is not associated with an identified student’s information.

Student Information Protection – continued

• Deletion of Covered Information

– If a school district requests the deletion of a student’s covered information under the control of the school district and maintained by the operator, the operator will delete the information no later than the 60th day after the date of the request or as contracted for. – A student or the student’s parent may consent to allow the operator to maintain the covered information.

Procedures for Public Information Act Requests

• House Bill 3107 (Eff. September 1, 2017) Amends: Tex. Gov’t Code §552.275(a),

(b), House Bill 3107 (Eff. September 1, 2017) Amends: Tex. Gov’t Code §552.275(a), (b), (c), (d), (e), (g), (h), (j), .3215(i). Adds: Tex. Gov’t Code §552.221(e), .261(e), .275(a-1), (e-1), (m).

• Timeline for Request Termination

– A request is considered withdrawn if on or before 60 days after the date:

• Information is made available to the requestor and the requestor fails to inspect
• r duplicate; or
• The requestor is informed of PIA charges and the requestor fails to pay.
• Costs for One Calendar Day

– All requests received in one calendar day from an individual may be treated as a single request for the purposes of calculating PIA costs. – Multiple requests from separate individuals on behalf of an organization may not be combined.

Procedures for PIA Requests – continued

• General Cost Rule

– Limits the charge for requests of 50 or fewer pages of paper records to photocopy charges. Thus, there is no charge for material, labor, or overhead.

• Limits for Requestor Costs

– Adds a monthly time limit option for not less than 15 hours for a one-month period; – Establishes an exception for production and statement when requestor failed to pay prior statement; and – Any requestor exceeding limits in statement has to timely pay costs instead of merely committing to pay.

Procedures for PIA Requests – continued

• Exception for News Medium, Communication Service

provider, and Abstract Plant – The yearly or monthly time limits only apply for a requestor that is a news medium or communication service provider. – Adds an exception for the creation or maintenance of an abstract plant related to the business of title insurance.

• Complaint Filed with the AG

– Establishes that a PIA complainant may file a complaint with the AG when a district or county attorney does not act on a complaint for 90 days.

PIA Method of Production

• Senate Bill 79 (Eff. September 1, 2017) Amends: Tex. Gov’t Code

§§ 552.221 (b-1), (b-2).

• Allows governmental bodies, including school boards, to produce

information under the PIA by referring a requestor to an exact Internet location or the URL address on a website maintained by governmental bodies.

• If PIA information is provided in this manner, the public information
• fficer must send an email stating that the requestor may still

access the requested information by inspection, duplication or by receipt through U.S. mail. Additionally, the governmental body must supply the information by inspection, duplication, or U.S. mail if the requestor prefers.

• These statements must be in conspicuous font.

Prohibited Settlement Term

• House Bill 53 (Eff. September 1, 2017) Adds: Tex. Civ. Prac.

& Rem. Code §116.001-.003.

• A governmental unit settlement agreement cannot require

non-disclosure of any fact, evidence, allegation or other matter by a party seeking affirmative relief against the governmental unit if: – The amount of the settlement is $30,000 or more; AND – Settlement money from taxes, State funds, or insurance proceeds from policy paid by taxes of State funds.

• A settlement agreement that violates this is void and

unenforceable.

Energy Savings Performance Contracts

• House Bill 1571 (Eff. May 29, 2017) Amends: Tex. Educ. Code §44.901(a),

(f-1), 51.927(a), (g-1); Tex. Gov’t Code §302.001(1), (3), (4), .004(a-1)

• The definition of energy saving performance contract in statutory provisions

related to public and higher education and general government is aligned with the definition applicable to local governments.

• A board may use any available money to pay the provide of energy or water

conservation measures by removing the prohibition against using money borrowed from the State to pay for an energy performance contact.

• Expands the definition of “Energy savings” to include an estimated

reduction in costs for anticipated equipment replacement and repair.

Indemnification and Duties of Architects and Engineers

• House Bill 3021 (Eff. September 1, 2017) Amends: Tex.

Gov’t Code §2254.0031, Tex. Loc. Gov’t Code §271.904(d). Adds: Tex. Loc. Gov’t Code §271.904(g).

• Tex. Loc. Gov’t Code §271.904 applies to State Agencies.
• Engineers and architects are not required to perform

services with professional skill and care provided by those practicing “in the same or similar locality.”

• Contract may include conditions that related to the scope,

fees, and project’s schedule.

Criminal Background Checks for Public School Contractor Employees

• House Bill 3270 (Eff. September 1, 2017) Amends: Tex. Gov’t

Code §411.097(a); Tex. Educ. Code §22.0834(a), .085(c). Adds: Tex. Educ. Code §22.0834(a-1), .08341.

• Contracting Entity

– An entity that contracts with another entity that is not a district to provide engineering, architectural, or construction services.

• Instructional Facility

– “Real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominately for teaching the curriculum required under Section 28.002.”

Criminal Background Checks for Public Work Contractor Employees – continued

• Authorizes school districts to allow a person employed by

a contractor or subcontractor on a project to design, construct, alter, or repair a public work with continuing duties who has an opportunity for direct contact with students to enter an instructional facility if they are accompanied by an employee of the school district.

• The school district is specifically authorized to adopt a

policy regarding an emergency for this purpose.

Criminal Background Checks for Public Works Contractor Employees – continued

• Contractors/Subcontractor must:

– Send employee’s information required for obtaining a national criminal history record information to DPS; – Obtain all relevant criminal history record information through the criminal history clearing house described in Texas Government Code Section 411.0845; – Certify to the district that it has received all relevant criminal history record information; and – Continue to ensure that employees do not have criminal records through out the time the contracted services are provided.

Criminal Background Checks for Public Works Contractor Employees – continued

• Applies to employees of engineering, architectural, or

construction service contractors and subcontractors with: – Continuing duties related to the contracted services; AND – The opportunity for direct contact with students in connection with the person’s continuing duties.

• If an employee was convicted of a Title 5 felony or an offense

requiring registration as a sex offender and the victim was a minor or student, the contracting entity may not permit the employee to provide services at an instructional facility.

• This does not apply if the conviction is over 30 years old.

Criminal Background Checks for Public Works Contractor Employees – continued

• Does NOT apply if there is no opportunity for direct

contact with students if: – Not an instructional facility; – Duties will be completed seven days before use; OR – Work area contains sanitary facilities, has six foot barrier, and contractor has policy prohibiting interaction with students or entering areas used by students.

Purchase of Automated Information Systems through DIR

• Senate Bill 262 (Eff. September 1, 2017) Amends: Tex. Gov’t Code

§2155.504(a). Adds: Tex. Gov’t Code §2157.068(k).

• Requires DIR to periodically assess the risk to the State in the

purchase of information technology commodity items and to monitor and verify the purchase transaction reports of monthly sales of those commodity items.

• Requires school districts contracting for the purchase of an

automated information system through DIR to comply with statutory requirements relating to certain value amounts determining how a State agency contracts to purchase a commodity item.

• VERY LIMITED APPLICATION TO SCHOOL DISTRICTS

Information Technology Purchases by Governmental Entities

• Senate Bill 533 (Eff. September 1, 2017) Amends: Tex. Gov’t Code §§572.069,

2054.1181(a), .158, .303(a), 21577.068(e-1), (e-2), 2262.101(a), 2269.056(b), .361(a); Tex. Educ. Code §51.923(e). Adds:Tex. Gov’t Code §§2054.304(d), (e), 2155.090-.091, .205, 2261.252(a-1),(e), (f), .253 (e)-(h), 2262.102(a-1); Tex. Educ. Code§8.012.

• Foracontractwithavalueof$50,000butnotmorethan$1million,theagencymustsubmitar

equestforpricingtoatleastthreevendorsincludedontheDIRlistinthecategorytowhichthe contractrelates.

• For a contract with a value of more than $1 million but not more than $5 million,

the agency must submit a request for pricing to at least six vendors included on the list in the category to which the contract relates or all vendors on the schedule if the category has fewer than six vendors.

• A
• State agency may not enter into a contract to purchase a commodity item if the

value of the contract exceeds $5 million.

Limited Application of SB 262 and SB 533 to School Districts

• The preceding value amounts and related quote requirements only apply to a

school district when contracting for the purchase of an automated information system through DIR.

• “Automated information system” means:

– The computers and computer devices on which an information system is automated; – A service related to the automation of an information system, including computer software or computers; and – A telecommunications apparatus or device that serves as a component of a voice, data, or video communications network for transmitting, switching, routing, multiplexing, modulating, amplifying, or receiving signals on the network, and services related to telecommunications.

• Few purchases will meet this definition

– Examples: student information system, learning management system, HR system, financial system, assessment tracking system

Seat Belts on School Buses

• Senate Bill 693 (Eff. September 1, 2017) Amends: Tex.
• Transp. Code §547. 701(e) Repeals: Tex. Gov’t Code

§2155.088; Tex. Transp. Code §547.701(f).

• Model year 2018 or later school buses must be equipped

with a three-point seat belt for each passenger.

• “Bus” is a school bus, school activity bus, multifunction

school activity bus, or school-chartered bus.

• A board can vote at a public meeting that the budget does

not permit purchase of bus with seat belts.

Depository Contracts

• Senate Bill 754 (Eff. September 1, 2017) Amends: Tex. Educ.

Code §45.205(b).

• Current Law

– Only allows extensions for two (2) additional two-year terms after the original two-year contract expires.

• New Law

– A district and depository bank may extend a contract for three (3) additional two-year terms. – The contract may be modified for each two-year extension if both parties mutually agree to the terms.

Donation and Distribution of Food at Public Schools

• Senate Bill 725 (Eff. June 9, 2017) Adds: Tex. Educ. Code

§33.907

• Allows school districts to donate surplus food and collect food

for donation to a nonprofit organization through an official of the nonprofit organization who is directly affiliated with the campus.

• The donated food may be received, stored, and distributed on

the campus.

• A school district may adopt a policy where the district

provides food at no cost to students who are unable to purchase meals or a snack.