81R6042 CAS-D
By: Jackson, Mike S.B. No. 574
A BILL TO BE ENTITLED
AN ACT
relating to an exception to the wealth per student limitation for
school districts that, as a result of natural disasters, are
suffering financial hardship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 41, Education Code, is
amended by adding Section 41.0021 to read as follows:
Sec. 41.0021. EXCEPTION TO WEALTH PER STUDENT LIMITATION
FOR SCHOOL DISTRICT SUFFERING FINANCIAL HARDSHIP DUE TO NATURAL
DISASTER. (a) This section applies only to a school district:
(1) all or part of which is located in an area
designated by an executive order or proclamation issued by the
governor under Chapter 418, Government Code, declaring a state of
disaster as a result of a natural disaster; and
(2) that is determined by the commissioner, in
accordance with criteria specified by commissioner rule, to have
suffered financial hardship as a result of the natural disaster.
(b) Notwithstanding any other provision of this chapter, a
school district is not required to satisfy any wealth per student
limitation prescribed by Section 41.002 and is not required to take
any action under Section 41.003 to achieve the equalized wealth
level until:
(1) local, state, and federal recovery efforts are
completed in the designated area as described by Subsection (a)(1);
and
(2) through state and federal assistance, the school
district's financial situation is, as determined by the
commissioner in accordance with criteria specified by commissioner
rule, equal to or better than the district's financial situation
was immediately before the natural disaster.
(c) This section applies to a school district regardless of
whether district property damaged in the natural disaster is
reappraised under Section 23.02, Tax Code.
(d) The commissioner shall adopt rules as necessary to
administer this section.
SECTION 2. (a) This Act applies beginning with the
2009-2010 school year.
(b) The applicability of Section 41.0021, Education Code,
as added by this Act, to a school district during the 2009-2010
school year is not affected by whether the natural disaster that
resulted in financial hardship to the district occurs before, on,
or after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.