Texas 2009 - 81st Regular

Texas House Bill HR3062 Compare Versions

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1	1	H.R. No. 3062
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Bill 3646 (public school finance
10	10	and programs) to consider and take action on the following matters:
11	11	(1) House Rule 13, Section 9(a)(4), is suspended to permit
12	12	the committee to add text on a matter not included in either version
13	13	of the bill by adding the following new SECTION to the bill:
14	14	SECTION 22. Section 29.190, Education Code, is amended by
15	15	amending Subsections (a) and (c) and adding Subsection (e) to read
16	16	as follows:
17	17	(a) A student is entitled to a subsidy under this section
18	18	if:
19	19	(1) the student:
20	20	(A) [(1)] successfully completes the career and
21	21	technology program of a school district in which the student
22	22	receives training and instruction for employment in a current or
23	23	emerging high-demand, high-wage, high-skill [certain trade or]
24	24	occupation, as determined under Subsection (e); or
25	25	(B) is enrolled in a special education program
26	26	under Subchapter A;
27	27	(2) the student passes a certification examination to
28	28	qualify for a license or certificate for the [trade or] occupation;
29	29	and
30	30	(3) the student submits to the district a written
31	31	application in the form, time, and manner required by the district
32	32	for the district to subsidize the cost of an examination described
33	33	by Subdivision (2) [demonstrates financial need].
34	34	(c) On approval by the commissioner, the agency shall pay
35	35	each school district [eligible student] an amount equal to the cost
36	36	paid by the district or student for the certification examination.
37	37	To obtain reimbursement for a subsidy paid under this section, a
38	38	district [student] must:
39	39	(1) pay the fee for the examination or pay the student
40	40	the amount of the fee paid by the student for the examination; and
41	41	(2) submit to the commissioner a written application
42	42	on a form prescribed by the commissioner stating [demonstrating
43	43	financial need and] the amount of the fee paid under Subdivision (1)
44	44	[by the student] for the certification examination.
45	45	(e) The commissioner, in collaboration with the
46	46	commissioner of higher education and the Texas Workforce
47	47	Commission, shall determine as necessary the occupations that
48	48	qualify for purposes of this section.
49	49	EXPLANATION: This addition is necessary to provide
50	50	reimbursement to school districts for subsidies provided by
51	51	districts to students who pass certification examinations for
52	52	certain occupations.
53	53	(2) House Rule 13, Section 9(a)(4), is suspended to permit
54	54	the committee to add text on a matter not included in either version
55	55	of the bill by adding the following new SECTION to the bill:
56	56	SECTION 90. (a) Section 5, Chapter 259 (H.B. 323), Acts of
57	57	the 80th Legislature, Regular Session, 2007, is repealed.
58	58	(b) Section 547.701(e), Transportation Code, as added by
59	59	Chapter 259 (H.B. 323), Acts of the 80th Legislature, Regular
60	60	Session, 2007, takes effect September 1, 2009.
61	61	(c) Section 547.701, Transportation Code, is amended by
62	62	adding Subsection (f) to read as follows:
63	63	(f) A school district is required to comply with Subsection
64	64	(e) only to the extent that the Texas Education Agency pays or
65	65	commits to pay the district for expenses incurred in complying with
66	66	that subsection. The Texas Education Agency may make grants of
67	67	appropriated money for the purpose of paying school districts under
68	68	this subsection.
69	69	EXPLANATION: This addition is necessary to address the
70	70	applicability of requirements regarding seat belts on a school bus
71	71	and the provision of funding to meet those requirements.
72	72	(3) House Rule 13, Section 9(a)(4), is suspended to permit
73	73	the committee to add text on a matter not included in either version
74	74	of the bill by adding the following new SECTION to the bill:
75	75	SECTION 96. (a) The commissioner of education shall
76	76	determine the percentage of entitlement in the foundation school
77	77	program or other program that represents the use of education
78	78	stabilization funds received under the American Recovery and
79	79	Reinvestment Act of 2009 (Pub. L. No. 111-5). In order to receive
80	80	that percentage of total funds available to a school district or
81	81	open-enrollment charter school under the foundation school program
82	82	or other program, a district or school may be required to apply to
83	83	the commissioner using an application developed by the
84	84	commissioner. The commissioner may require an applicant to make
85	85	assurances as to the use and monitoring of funds applied for or
86	86	other requirements, consistent with the American Recovery and
87	87	Reinvestment Act of 2009 (Pub. L. No. 111-5).
88	88	(b) If any of the funds received by the state under the
89	89	American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5)
90	90	that were appropriated for the purpose of funding the foundation
91	91	school program or other program are determined to be unavailable
92	92	temporarily or permanently for that purpose, the commissioner shall
93	93	reduce the total amount of funds to which a district or school is
94	94	entitled under Chapters 41 and 42, Education Code, or other
95	95	programs proportional to the percentage determined under
96	96	Subsection (a) of this section. A reduction in funding under this
97	97	subsection does not increase the entitlement of a district or
98	98	school in any subsequent year.
99	99	(c) This section applies to funding provided under Chapters
100	100	41 and 42, Education Code, as amended by this Act, for the 2009-2010
101	101	and 2010-2011 school years. A decision by the commissioner under
102	102	this section is final and may not be appealed.
103	103	EXPLANATION: This addition is necessary to provide for
104	104	compliance with any requirements associated with the use of funds
105	105	received by the state under the American Recovery and Reinvestment
106	106	Act of 2009 (Pub. L. No. 111-5) and to permit the commissioner of
107	107	education to make funding modifications if necessary as a result of
108	108	federal determinations regarding use of those funds.
109	109	Hochberg
110	110	______________________________
111	111	Speaker of the House
112	112	I certify that H.R. No. 3062 was adopted by the House on May
113	113	31, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
114	114	voting.
115	115	______________________________
116	116	Chief Clerk of the House