By: Shapiro, et al. S.B. No. 644
(In the Senate - Filed February 3, 2009; February 23, 2009,
read first time and referred to Committee on Education;
April 7, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 7, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 644 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to modifications, adjustments, and reimbursements under
the public school finance system and contract delegation authority
for a school district located in a disaster area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 41, Education Code, is
amended by adding Section 41.0931 to read as follows:
Sec. 41.0931. DISASTER REMEDIATION COSTS. (a) This
section applies only to a district all or part of which is located
in an area declared a disaster area by the governor under Chapter
418, Government Code, and that incurs disaster remediation costs as
a result of the disaster.
(b) Subject to Subsection (c), for the two-year period
following the date of the governor's initial proclamation or
executive order declaring a state of disaster, the total amount
required to be paid by a district for attendance credits under
Section 41.093 is reduced by the amount of any disaster remediation
costs that the district pays during that period and does not
anticipate recovering through insurance proceeds, federal disaster
relief payments, or another similar source of reimbursement.
(b-1) For purposes of determining the reduction under this
section to which a district is entitled for the 2009-2010 school
year, disaster remediation costs paid by the district after
September 1, 2008, are included if the costs meet all other
requirements imposed by this section. This subsection expires
September 1, 2010.
(c) To receive a reduction under this section, a district
must provide the commissioner with acceptable documentation of
disaster remediation costs paid by the district.
(d) The commissioner shall adopt rules necessary to
implement this section, including rules defining "disaster
remediation costs" for purposes of this section and specifying the
type of documentation required under Subsection (c).
(e) Notwithstanding any other provision of this section,
the commissioner may permit a district to use funds available to the
district as a result of a reduction under this section to pay the
costs of replacing a facility instead of repairing the facility.
The commissioner shall ensure that a district that elects to
replace a facility does not receive a reduction that exceeds the
lesser of:
(1) the amount that would be available to the district
if the facility were repaired; or
(2) the amount necessary to replace the facility.
SECTION 2. Subchapter A, Chapter 42, Education Code, is
amended by adding Section 42.0051 to read as follows:
Sec. 42.0051. AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN
DISASTER AREA. (a) The commissioner shall adjust the average
daily attendance of a school district all or part of which is
located in an area declared a disaster area by the governor under
Chapter 418, Government Code, if the district experiences a decline
in average daily attendance that is reasonably attributable to the
impact of the disaster.
(b) The adjustment must be sufficient to ensure that the
district receives funding comparable to the funding that the
district would have received if the decline in average daily
attendance reasonably attributable to the impact of the disaster
had not occurred.
(c) The commissioner shall make the adjustment required by
this section for the two-year period following the date of the
governor's initial proclamation or executive order declaring the
state of disaster.
(d) Section 42.005(b)(2) does not apply to a district that
receives an adjustment under this section.
(e) A district that receives an adjustment under this
section may not receive any additional adjustment under Section
42.005(d) for the decline in average daily attendance on which the
adjustment under this section is based.
(f) For purposes of this title, a district's adjusted
average daily attendance under this section is considered to be the
district's average daily attendance as determined under Section
42.005.
SECTION 3. Subchapter E, Chapter 42, Education Code, is
amended by adding Sections 42.2523 and 42.2524 to read as follows:
Sec. 42.2523. ADJUSTMENT FOR PROPERTY VALUE AFFECTED BY
STATE OF DISASTER. (a) For purposes of Chapters 41 and 46 and this
chapter, the commissioner shall adjust the taxable value of
property of a school district all or part of which is located in an
area declared a disaster area by the governor under Chapter 418,
Government Code, as necessary to ensure that the district receives
funding based as soon as possible on property values as affected by
the disaster.
(b) Any additional funding to which a school district is
entitled as a result of the adjustment required by this section is
in addition to the amount of funding to which the district is
entitled under Section 42.2516(b).
(c) A decision of the commissioner under this section is
final and may not be appealed.
Sec. 42.2524. REIMBURSEMENT FOR DISASTER REMEDIATION
COSTS. (a) This section applies only to a school district all or
part of which is located in an area declared a disaster area by the
governor under Chapter 418, Government Code, and that incurs
disaster remediation costs as a result of the disaster.
(b) During the two-year period following the date of the
governor's initial proclamation or executive order declaring a
state of disaster, a district may apply to the commissioner for
reimbursement of disaster remediation costs that the district pays
during that period and does not anticipate recovering through
insurance proceeds, federal disaster relief payments, or another
similar source of reimbursement.
(b-1) A district may seek reimbursement of disaster
remediation costs paid by the district on or after September 1,
2008. This subsection expires September 1, 2011.
(c) The commissioner may provide reimbursement under this
section only if the commissioner determines that the amount
appropriated for the Foundation School Program, including the
facilities component as provided by Chapter 46, exceeds the amount
to which districts are entitled under this chapter and Chapter 46.
(d) A district seeking reimbursement under this section
must provide the commissioner with adequate documentation of the
costs for which the district seeks reimbursement.
(e) If the amount of money available for purposes of this
section is not sufficient to reimburse each district's disaster
remediation costs, the commissioner shall give priority to
reimbursing costs incurred by districts that do not purchase
attendance credits under Section 41.093.
(f) A district may not obtain reimbursement under this
section for the payment of any disaster remediation costs that
resulted in a reduction under Section 41.0931 of the district's
cost of attendance credits.
(g) Amounts provided to a district under this section are in
addition to the amount to which the district is entitled under
Section 42.2516.
(h) The commissioner shall adopt rules necessary to
implement this section, including rules defining "disaster
remediation costs" for purposes of this section and specifying the
type of documentation required under Subsection (d).
(i) Notwithstanding any other provision of this section,
the commissioner may permit a district to use amounts provided to a
district under this section to pay the costs of replacing a facility
instead of repairing the facility. The commissioner shall ensure
that a district that elects to replace a facility does not receive
an amount under this section that exceeds the lesser of:
(1) the amount that would be provided to the district
if the facility were repaired; or
(2) the amount necessary to replace the facility.
(j) This section does not require the commissioner to
provide any requested reimbursement. A decision of the
commissioner regarding reimbursement is final and may not be
appealed.
SECTION 4. Section 44.0312, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) Notwithstanding any other provision of this code, in the
event of a catastrophe, emergency, or natural disaster affecting a
school district, the board of trustees of the district may delegate
to the superintendent or designated person the authority to
contract for the replacement, construction, or repair of school
equipment or facilities under this subchapter if emergency
replacement, construction, or repair is necessary for the health
and safety of district students and staff.
SECTION 5. This Act takes effect September 1, 2009.
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