| 1 | 1 | | 81R5627 CAS-D |
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| 2 | 2 | | By: Rose H.B. No. 1520 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to state educational mandates imposed on school districts. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 7, Education Code, is |
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| 10 | 10 | | amended by adding Section 7.007 to read as follows: |
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| 11 | 11 | | Sec. 7.007. STATE EDUCATIONAL MANDATES. (a) In this |
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| 12 | 12 | | section, "state educational mandate" means a provision of a state |
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| 13 | 13 | | statute or rule that requires: |
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| 14 | 14 | | (1) school district action to implement the provision; |
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| 15 | 15 | | and |
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| 16 | 16 | | (2) an expenditure by a district that would not have |
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| 17 | 17 | | been required in the absence of the provision. |
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| 18 | 18 | | (b) The commissioner by rule shall establish a procedure |
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| 19 | 19 | | under which a school district or group of districts may request a |
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| 20 | 20 | | hearing with the agency to challenge a projected cost of a state |
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| 21 | 21 | | educational mandate. A district or group of districts may request a |
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| 22 | 22 | | hearing under this subsection only after a statute or rule becomes |
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| 23 | 23 | | effective. |
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| 24 | 24 | | (c) If the agency determines at the conclusion of the |
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| 25 | 25 | | hearing that the legislature has not appropriated sufficient funds |
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| 26 | 26 | | that are necessary to cover school districts' costs in complying |
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| 27 | 27 | | with a state educational mandate, a district is not required to |
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| 28 | 28 | | comply with the mandate until the legislature appropriates |
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| 29 | 29 | | sufficient funds to cover the costs of complying with the mandate. |
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| 30 | 30 | | (d) A school district may appeal a determination by the |
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| 31 | 31 | | agency under this section under the procedures provided for a |
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| 32 | 32 | | contested case under Chapter 2001, Government Code. |
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| 33 | 33 | | (e) The commissioner shall adopt rules necessary to |
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| 34 | 34 | | administer this section. |
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| 35 | 35 | | SECTION 2. Section 7.007, Education Code, as added by this |
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| 36 | 36 | | Act, applies only to a statute or rule that becomes effective on or |
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| 37 | 37 | | after the effective date of this Act. A statute or rule that becomes |
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| 38 | 38 | | effective before the effective date of this Act is governed by the |
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| 39 | 39 | | law in effect at the time the statute or rule became effective, and |
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| 40 | 40 | | the former law is continued in effect for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2009. |
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