| 1 | 1 | | 81R1054 PAM-D |
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| 2 | 2 | | By: Zerwas H.B. No. 642 |
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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 requiring the Texas Education Agency to prepare a |
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| 8 | 8 | | report regarding public education mandates. |
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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 B, Chapter 7, Education Code, is |
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| 11 | 11 | | amended by adding Section 7.033 to read as follows: |
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| 12 | 12 | | Sec. 7.033. REPORT ON PUBLIC EDUCATION MANDATES. (a) In |
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| 13 | 13 | | this section, "public education mandate" means a requirement made |
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| 14 | 14 | | by federal or state law, including a statute, rule, order, or |
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| 15 | 15 | | ordinance, that requires a school district to establish, expand, or |
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| 16 | 16 | | modify an activity in a way that requires the expenditure of revenue |
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| 17 | 17 | | by the school district that would not have been required in the |
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| 18 | 18 | | absence of the federal or state law. |
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| 19 | 19 | | (b) The agency shall prepare a report that identifies each |
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| 20 | 20 | | public education mandate that applies in this state. The report |
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| 21 | 21 | | shall identify each public education mandate individually and |
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| 22 | 22 | | provide the following information relating to the mandate: |
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| 23 | 23 | | (1) the law authorizing the mandate; |
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| 24 | 24 | | (2) whether the mandate is fully funded, partially |
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| 25 | 25 | | funded, or unfunded; |
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| 26 | 26 | | (3) whether the funding for the mandate, if any, is |
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| 27 | 27 | | provided by state funds, federal funds, or a combination of state |
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| 28 | 28 | | and federal funds; |
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| 29 | 29 | | (4) an estimate of any cost required to be paid by the |
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| 30 | 30 | | state or the school districts, if applicable; |
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| 31 | 31 | | (5) whether the mandate duplicates all or part of |
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| 32 | 32 | | another public education mandate; |
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| 33 | 33 | | (6) any conflict between the mandate and any other |
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| 34 | 34 | | public education mandate; and |
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| 35 | 35 | | (7) any recommendation relating to revising or |
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| 36 | 36 | | eliminating a mandate. |
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| 37 | 37 | | (c) The agency shall solicit information relating to public |
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| 38 | 38 | | education mandates from school districts, school district |
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| 39 | 39 | | employees, and any other interested person. |
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| 40 | 40 | | (c-1) Not later than December 1, 2010, the agency shall |
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| 41 | 41 | | deliver a copy of the report produced under this section to the |
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| 42 | 42 | | governor, lieutenant governor, speaker of the house, and presiding |
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| 43 | 43 | | officers of the standing committees of each house of the |
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| 44 | 44 | | legislature with primary jurisdiction over public education. This |
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| 45 | 45 | | subsection expires January 15, 2011. |
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| 46 | 46 | | (d) The agency shall: |
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| 47 | 47 | | (1) make the report produced under this section |
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| 48 | 48 | | available as an electronic document on the agency's Internet |
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| 49 | 49 | | website; and |
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| 50 | 50 | | (2) update the electronic document periodically to |
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| 51 | 51 | | include any additions or changes to the report. |
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| 52 | 52 | | SECTION 2. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2009. |
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