81R5627 CAS-D
By: Rose H.B. No. 1520
A BILL TO BE ENTITLED
AN ACT
relating to state educational mandates imposed on school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.007 to read as follows:
Sec. 7.007. STATE EDUCATIONAL MANDATES. (a) In this
section, "state educational mandate" means a provision of a state
statute or rule that requires:
(1) school district action to implement the provision;
and
(2) an expenditure by a district that would not have
been required in the absence of the provision.
(b) The commissioner by rule shall establish a procedure
under which a school district or group of districts may request a
hearing with the agency to challenge a projected cost of a state
educational mandate. A district or group of districts may request a
hearing under this subsection only after a statute or rule becomes
effective.
(c) If the agency determines at the conclusion of the
hearing that the legislature has not appropriated sufficient funds
that are necessary to cover school districts' costs in complying
with a state educational mandate, a district is not required to
comply with the mandate until the legislature appropriates
sufficient funds to cover the costs of complying with the mandate.
(d) A school district may appeal a determination by the
agency under this section under the procedures provided for a
contested case under Chapter 2001, Government Code.
(e) The commissioner shall adopt rules necessary to
administer this section.
SECTION 2. Section 7.007, Education Code, as added by this
Act, applies only to a statute or rule that becomes effective on or
after the effective date of this Act. A statute or rule that becomes
effective before the effective date of this Act is governed by the
law in effect at the time the statute or rule became effective, and
the former law is continued in effect for that purpose.
SECTION 3. 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.