(a)Applicability of section. This section applies
to a charter holder unless alternative procedures for selecting a
provider of professional services or a group or association of providers,
or awarding a contract for professional services, have been approved
by the commissioner of education under §100.1079 [§100.1006
] of this title (relating to Optional Open-Enrollment Charter
Provisions for Contracting and Purchasing) and the open-enrollment
charter has been amended by the commissioner to adopt the approved
procedures.
(b)Selecting professional services. A charter holder
shall select a provider of professional services or a group or association
of providers, and award a contract for professional services, in accordance
with Texas Government Code, Chapter 2254, Subchapter A.
A requirement in that subchapter that applies to a school district
or the board of trustees of a school district applies to a charter
school, the governing body of a charter holder, or the governing body
of a charter school.
(c)Definition. For purposes of this section, professional
services are services:
(1)within the scope of the practice, as defined by
state law, of accounting; architecture; landscape architecture; land
surveying; medicine; optometry; professional engineering; real estate
appraising; or professional nursing; or
(2)provided in connection with the professional employment
or practice of a person who is licensed or registered as a certified
public accountant; an architect; a landscape architect; a land surveyor;
a physician, including a surgeon; an optometrist; a professional engineer;
a state certified, or state licensed real estate appraiser; or a registered
nurse.
(d)Implementation schedule and transition. Texas Government
Code, Chapter 2254, Subchapter A, does not apply to a contract executed
prior to September 1, 2001.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 4, 2024
TRD-202400954 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible
date of adoption: April 14, 2024
For further information, please call: (512) 475-1497
|
