| (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.
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