Current through Reg. 49, No. 38; September 20, 2024
(a) The following words and terms, when used
in this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Advisory
committee--The Texas Technical Advisory Committee or any committee that advises
the Texas Education Agency (TEA), the commissioner of education, or the State
Board of Education regarding policies or implementation of requirements under
the Texas Education Code (TEC), Chapter 39, Subchapter B, related to state
accountability systems or the content or administration of an assessment
instrument.
(2) Agent--Any person
acting in a capacity that involves public representation of an entity,
including an attorney, a lobbyist or public spokesperson, or a corporate
officer. An employee, a contractor, or a consultant of an assessment instrument
vendor is not an agent unless the duties of that relationship include public
representation. Public representation does not include speaking at academic or
similar conferences, publishing in academic or technical publications, serving
as a fact witness or expert in litigation, or testifying in a legislative or
rulemaking context if that testimony does not constitute lobbying.
(3) Assessment instrument vendor--An entity
that by contract with the TEA develops or sells academic assessment instruments
required to be administered under the TEC, §39.023 or §39.027, in
Texas public schools serving prekindergarten through high school. Another
state; an institution of higher education; or a school district, charter
school, or other public school is not an assessment instrument vendor by virtue
of developing, selling, or licensing assessment instruments if those
instruments are not purchased by the TEA. An entity is not an assessment
instrument vendor by virtue of offering psychological, physical, sight,
hearing, or other assessments that are not directly measuring academic
content.
(4) Retained or
employed--Having formal employment, acting as an independent contractor, or
consulting with an assessment instrument vendor for compensation if the duties
of that relationship include working directly on an assessment instrument
required under the TEC, §39.023 or §39.027. An individual is not
retained or employed if the individual is compensated by an assessment
instrument vendor for work that does not involve an assessment instrument
required under the TEC, §39.023 or §39.027. An individual is not
retained or employed by virtue of receiving reimbursement of expenses or for
being reimbursed in accordance with an assessment contract if the TEA
determines and requires the compensation under the contract.
(b) A person who is retained or
employed by or who acts as an agent of an assessment instrument vendor or a
person who is an agent of an assessment instrument vendor may not be appointed
to or serve on an advisory committee under this section. A person must be
eligible under this section at the time of appointment to an advisory committee
and must notify the commissioner and resign from the committee immediately upon
becoming ineligible.
(c) Nothing in
this section shall be construed to disqualify an individual from appointment to
an advisory committee based upon a relationship with an assessment instrument
vendor prior to appointment to a committee. An advisory committee member may
receive royalties or other compensation from an assessment instrument vendor
that come due during the term of an appointment if the compensation was fully
earned prior to appointment. An advisory committee member may not have or
negotiate for any type of agreement for future employment or compensation with
an assessment instrument vendor during the term of membership on the
committee.
(d) An individual is not
employed or retained by or acting as an agent of an assessment instrument
vendor if the individual represents a membership organization that has an
assessment instrument vendor as a member.
(e) Provisions of the TEC, §39.039,
related to prohibitions on political contributions or activity by certain
contractors are limited to agents or entities that have been contracted to
develop or implement assessment instruments required under the TEC,
§39.023 or §39.027.
