| 1 | 1 | | 81R8434 CAS-F |
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| 2 | 2 | | By: Eiland H.B. No. 2448 |
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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 reducing the amount paid to purchase attendance credits |
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| 8 | 8 | | by certain school districts in disaster areas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 41, Education Code, is |
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| 11 | 11 | | amended by adding Section 41.014 to read as follows: |
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| 12 | 12 | | Sec. 41.014. REDUCTION IN AMOUNT PAID TO PURCHASE |
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| 13 | 13 | | ATTENDANCE CREDITS. (a) A school district that is required to take |
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| 14 | 14 | | action under Section 41.003 to reduce its wealth per student to |
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| 15 | 15 | | achieve the equalized wealth level may apply to the commissioner |
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| 16 | 16 | | for a reduction in the total amount the district is required under |
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| 17 | 17 | | Section 41.093 to pay in purchasing attendance credits if: |
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| 18 | 18 | | (1) all or part of the district is located in an area |
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| 19 | 19 | | designated by an executive order or proclamation issued by the |
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| 20 | 20 | | governor under Chapter 418, Government Code, declaring a state of |
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| 21 | 21 | | disaster; |
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| 22 | 22 | | (2) the dollar value of the property damage suffered |
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| 23 | 23 | | and recovery expenses incurred by the district as a result of the |
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| 24 | 24 | | disaster exceeds an amount equal to 10 percent of the amount of the |
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| 25 | 25 | | district's annual operating budget for the school year in which the |
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| 26 | 26 | | disaster occurred; and |
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| 27 | 27 | | (3) compliance with the wealth reduction required |
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| 28 | 28 | | under this chapter would reduce the district's fund balance to a |
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| 29 | 29 | | level below the level determined to be optimal by the commissioner. |
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| 30 | 30 | | (b) On application by a school district described by |
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| 31 | 31 | | Subsection (a) in the time and manner required by commissioner |
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| 32 | 32 | | rule, the commissioner shall reduce the total amount the district |
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| 33 | 33 | | is required to pay in purchasing attendance credits under Section |
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| 34 | 34 | | 41.093 during the school year in which the disaster occurred and the |
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| 35 | 35 | | following two school years to the extent necessary, as determined |
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| 36 | 36 | | by the commissioner in accordance with commissioner rule, to allow |
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| 37 | 37 | | the district to resume normal operations and services. In |
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| 38 | 38 | | determining the amount of the reduction for a school year, the |
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| 39 | 39 | | commissioner may consider: |
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| 40 | 40 | | (1) the sufficiency of the district's fund balance |
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| 41 | 41 | | before the disaster and the amount of district expenditures and |
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| 42 | 42 | | district staffing levels before and after the disaster; |
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| 43 | 43 | | (2) any reduction in student enrollment or district |
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| 44 | 44 | | property values as a result of the disaster; and |
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| 45 | 45 | | (3) any insurance payments or governmental assistance |
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| 46 | 46 | | for property damage or recovery activities the district has |
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| 47 | 47 | | received. |
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| 48 | 48 | | (c) The commissioner may increase the amount required to be |
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| 49 | 49 | | paid by a school district for attendance credits under Section |
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| 50 | 50 | | 41.093 or may withhold state funds that otherwise would be paid the |
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| 51 | 51 | | district in a year after the amount of school district payments are |
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| 52 | 52 | | reduced under this section to the extent necessary to recover funds |
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| 53 | 53 | | retained by a district under this section to pay for expenses for |
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| 54 | 54 | | which the district later received insurance or governmental |
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| 55 | 55 | | assistance. |
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| 56 | 56 | | (d) A district applying for a reduction under this section |
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| 57 | 57 | | shall submit any information required by the commissioner in the |
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| 58 | 58 | | time and manner required by commissioner rule. |
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| 59 | 59 | | (e) A decision of the commissioner under this section is |
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| 60 | 60 | | final and may not be appealed. |
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| 61 | 61 | | (f) The commissioner shall adopt rules as necessary to |
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| 62 | 62 | | administer this section. |
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| 63 | 63 | | SECTION 2. (a) This Act applies beginning with the |
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| 64 | 64 | | 2009-2010 school year. |
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| 65 | 65 | | (b) The applicability of Section 41.014, Education Code, as |
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| 66 | 66 | | added by this Act, to a school district during the 2009-2010 school |
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| 67 | 67 | | year is not affected by whether the disaster occurs before, on, or |
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| 68 | 68 | | after the effective date of this Act. |
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| 69 | 69 | | SECTION 3. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2009. |
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