SB439 - Relating to approval by the commissioner of education of certain contracts entered into by a school district during the pendency of certain special investigations.

  89R881 TSS-D     By: Hinojosa S.B. No. 439       A BILL TO BE ENTITLED   AN ACT   relating to approval by the commissioner of education of certain   contracts entered into by a school district during the pendency of   certain special investigations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 39, Education Code, is   amended by adding Section 39.0041 to read as follows:           Sec.   39.0041.     COMMISSIONER APPROVAL OF CERTAIN SCHOOL   DISTRICT CONTRACTS DURING PENDENCY OF CERTAIN SPECIAL   INVESTIGATIONS. (a) In this section, "severance payment" means any   amount paid by a school district to or in behalf of a district   employee on early termination of the employee's employment contract   that exceeds the amount earned by the employee under the contract as   of the date of termination, including any amount that exceeds the   amount of earned standard salary and benefits, that is paid as a   condition of early termination of the contract.           (b)     This section applies to a special investigation   conducted under Section 39.003(a)(3), (6), or (17) in response to:                 (1)     a complaint, allegation, or suspicion of financial   or operational impropriety at a school district; or                 (2)     the violation of procurement policies by a member   of the board of trustees of a school district or a district   administrator.           (c)     Notwithstanding Subchapter D, Chapter 11, or any other   law, during the period beginning on the date on which the   commissioner authorizes a special investigation to which this   section applies and continuing through the date on which the   investigation is concluded or, if applicable, the date on which an   appeal under this subchapter or Section 39A.301 relating to the   investigation is concluded, the board of trustees of the school   district that is the subject of the special investigation shall,   before entering into a contract or amending a contract, submit the   contract or contract amendment to the commissioner for approval if   the contract or amendment:                 (1)     will bind the district for more than one calendar   year; or                 (2)     entitles an employee of the district to a   severance payment.           (d)     A court may not enjoin a requirement under this section   before the conclusion of a special investigation to which this   section applies or, if applicable, the conclusion of an appeal   under this subchapter or Section 39A.301 relating to the   investigation.           (e)     If the commissioner makes a determination to appoint a   monitor, conservator, management team, or board of managers to a   school district as a result of a special investigation to which this   section applies, the commissioner may require the district to   submit a contract or contract amendment for approval as described   by Subsection (c) until the date of the appointment.           (f)     Notwithstanding any other law, each contract or   contract amendment that is entered into by a school district during   the period described by Subsection (c) must include a provision   stating that the contract or amendment is voidable.           (g)     A contract or contract amendment that is entered into by   a school district in violation of this section is void.          SECTION 2.  The changes in law made by this Act apply only to   a contract or contract amendment entered into on or after the   effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.