Texas House Bill HB4102

Texas 2009 - 81st Regular

• Out of House Committee: 4/17/09
• Voted on by House: 5/1/09
• Out of Senate Committee: 5/18/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 6/1/09
• Passed: 6/19/09

Caption

Relating to the disaster contingency fund and relief for school districts located in a disaster area.

Impact

HB4102 affects several aspects of Texas state law by creating a framework for adjusting school funding mechanisms in response to natural disasters. The bill empowers the commissioner of education to make necessary adjustments to the average daily attendance of school districts located in disaster areas, ensuring they continue to receive funding comparable to what they would have received without the disaster's impact. This change intends to mitigate the financial strain on districts that could experience declines in attendance due to emergencies.

Summary

House Bill 4102 establishes provisions relating to the disaster contingency fund and aims to provide relief for school districts affected by disasters. The bill outlines how school districts can obtain financial assistance when they incur costs associated with disaster remediation. Particular emphasis is placed on ensuring that these districts receive adequate reimbursement for costs they cannot recover from other sources, such as insurance or federal disaster relief programs. The bill seeks to address the immediate financial impacts faced by educational institutions in the wake of catastrophic events, promoting stability in educational operations during recovery periods.

Contention

The discussions surrounding HB4102 reveal points of contention regarding the adequacy of the proposed funding adjustments and the processes for obtaining reimbursements. Critics argue that the bill may fall short in efficiently addressing the complex needs of school districts during disasters, particularly regarding the timelines for reimbursement and the documentation needed to secure funds. There is concern about whether the provisions adequately account for the diverse scenarios districts may face in disaster situations, potentially leaving some without sufficient support.

Enforcement

Furthermore, the implementation of HB4102 relies heavily on the discretion of the commissioner, who will adopt rules and specify the documentation required for reimbursement claims. This introduces a level of ambiguity that could lead to inconsistent applications of the law across different districts. How the commissioner manages the available funds and ensures equitable distribution in the wake of widespread disasters remains a critical consideration for stakeholders.