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  H.B. No. 635
 
 
 
 
AN ACT
  relating to the authority of the Texas Education Agency to seek,
  accept, determine eligibility for, and distribute grants available
  for the benefit of public education and the establishment of
  professional development institutes and payment of grants to
  teachers who complete those institutes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 7, Education Code, is
  amended by adding Section 7.031 to read as follows:
         Sec. 7.031.  GRANTS. (a) The agency may seek, accept, and
  distribute grants awarded by the federal government or any other
  public or private entity for the benefit of public education,
  subject to the limitations or conditions imposed by the terms of the
  grants or by other law.
         (b)  Unless otherwise prohibited by federal law, the
  commissioner may determine, solely for purposes of the program's
  eligibility to receive federal grant funds, for the purpose of
  technology services and support, that a Head Start program operated
  in this state by a school district or a community-based
  organization serves the function of an elementary school by
  providing elementary education at one or more program facilities.
         (c)  A determination by the commissioner under Subsection
  (b):
               (1)  does not entitle a Head Start program to receive
  state funds for which the program would not otherwise be eligible;
               (2)  may not reduce the amount of federal grant funds
  available for school districts and open-enrollment charter
  schools; and
               (3)  may not be appealed.
         SECTION 2.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 635 was passed by the House on April
  28, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 635 on May 29, 2009, 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. 635 on May 31, 2009, by the following vote:  Yeas 143,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 635 was passed by the Senate, with
  amendments, on May 25, 2009, by the following vote:  Yeas 31, Nays
  0; 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.
  635 on June 1, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor