Texas 2009 - 81st Regular

Texas Senate Bill SB644 Compare Versions

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1	1	By: Shapiro, et al. S.B. No. 644
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to modifications, adjustments, and reimbursements under
7	7	the public school finance system and contract delegation authority
8	8	for a school district located in a disaster area.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 42, Education Code, is
11	11	amended by adding Section 42.0051 to read as follows:
12	12	Sec. 42.0051. AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN
13	13	DISASTER AREA. (a) The commissioner shall adjust the average
14	14	daily attendance of a school district all or part of which is
15	15	located in an area declared a disaster area by the governor under
16	16	Chapter 418, Government Code, if the district experiences a decline
17	17	in average daily attendance that is reasonably attributable to the
18	18	impact of the disaster.
19	19	(b) The adjustment must be sufficient to ensure that the
20	20	district receives funding comparable to the funding that the
21	21	district would have received if the decline in average daily
22	22	attendance reasonably attributable to the impact of the disaster
23	23	had not occurred.
24	24	(c) The commissioner shall make the adjustment required by
25	25	this section for the two-year period following the date of the
26	26	governor's initial proclamation or executive order declaring the
27	27	state of disaster.
28	28	(d) Section 42.005(b)(2) does not apply to a district that
29	29	receives an adjustment under this section.
30	30	(e) A district that receives an adjustment under this
31	31	section may not receive any additional adjustment under Section
32	32	42.005(d) for the decline in average daily attendance on which the
33	33	adjustment under this section is based.
34	34	(f) For purposes of this title, a district's adjusted
35	35	average daily attendance under this section is considered to be the
36	36	district's average daily attendance as determined under Section
37	37	42.005.
38	38	SECTION 2. Subchapter E, Chapter 42, Education Code, is
39	39	amended by adding Sections 42.2523 and 42.2524 to read as follows:
40	40	Sec. 42.2523. ADJUSTMENT FOR PROPERTY VALUE AFFECTED BY
41	41	STATE OF DISASTER. (a) For purposes of Chapters 41 and 46 and this
42	42	chapter, the commissioner shall adjust the taxable value of
43	43	property of a school district all or part of which is located in an
44	44	area declared a disaster area by the governor under Chapter 418,
45	45	Government Code, as necessary to ensure that the district receives
46	46	funding based as soon as possible on property values as affected by
47	47	the disaster.
48	48	(b) Any additional funding to which a school district is
49	49	entitled as a result of the adjustment required by this section is
50	50	in addition to the amount of funding to which the district is
51	51	entitled under Section 42.2516(b).
52	52	(c) A decision of the commissioner under this section is
53	53	final and may not be appealed.
54	54	Sec. 42.2524. REIMBURSEMENT FOR DISASTER REMEDIATION
55	55	COSTS. (a) This section applies only to a school district all or
56	56	part of which is located in an area declared a disaster area by the
57	57	governor under Chapter 418, Government Code, and that incurs
58	58	disaster remediation costs as a result of the disaster.
59	59	(b) During the two-year period following the date of the
60	60	governor's initial proclamation or executive order declaring a
61	61	state of disaster, a district may apply to the commissioner for
62	62	reimbursement of disaster remediation costs that the district pays
63	63	during that period and does not anticipate recovering through
64	64	insurance proceeds, federal disaster relief payments, or another
65	65	similar source of reimbursement.
66	66	(b-1) A district may seek reimbursement of disaster
67	67	remediation costs paid by the district on or after September 1,
68	68	2008. This subsection expires September 1, 2011.
69	69	(c) The commissioner may provide reimbursement under this
70	70	section only if:
71	71	(1) funds are specifically appropriated for purposes
72	72	of this section; or
73	73	(2) Foundation School Program funds are available for
74	74	purposes of this section, based on a determination by the
75	75	commissioner that the amount appropriated for the Foundation School
76	76	Program, including the facilities component as provided by Chapter
77	77	46, exceeds the amount to which districts are entitled under this
78	78	chapter and Chapter 46.
79	79	(d) A district seeking reimbursement under this section
80	80	must provide the commissioner with adequate documentation of the
81	81	costs for which the district seeks reimbursement.
82	82	(e) If the amount of money available for purposes of this
83	83	section is not sufficient to fully reimburse each district's
84	84	disaster remediation costs, the commissioner shall reduce the
85	85	amount of assistance provided under this section to each district
86	86	proportionately.
87	87	(f) Notwithstanding any other provision of law, a district
88	88	that is required to purchase attendance credits under Chapter 41 is
89	89	eligible to receive assistance under this section in the same
90	90	manner as any other district. A district may, at its discretion,
91	91	receive assistance either as a payment of state aid under this
92	92	chapter or as a reduction in the total amount required to be paid by
93	93	the district for attendance credits under Section 41.093.
94	94	(g) Amounts provided to a district under this section are in
95	95	addition to the amount to which the district is entitled under
96	96	Section 42.2516.
97	97	(h) The commissioner shall adopt rules necessary to
98	98	implement this section, including rules defining "disaster
99	99	remediation costs" for purposes of this section and specifying the
100	100	type of documentation required under Subsection (d).
101	101	(i) Notwithstanding any other provision of this section,
102	102	the commissioner may permit a district to use amounts provided to a
103	103	district under this section to pay the costs of replacing a facility
104	104	instead of repairing the facility. The commissioner shall ensure
105	105	that a district that elects to replace a facility does not receive
106	106	an amount under this section that exceeds the lesser of:
107	107	(1) the amount that would be provided to the district
108	108	if the facility were repaired; or
109	109	(2) the amount necessary to replace the facility.
110	110	(j) This section does not require the commissioner to
111	111	provide any requested reimbursement. A decision of the
112	112	commissioner regarding reimbursement is final and may not be
113	113	appealed.
114	114	SECTION 3. Section 44.0312, Education Code, is amended by
115	115	adding Subsection (c) to read as follows:
116	116	(c) Notwithstanding any other provision of this code, in the
117	117	event of a catastrophe, emergency, or natural disaster affecting a
118	118	school district, the board of trustees of the district may delegate
119	119	to the superintendent or designated person the authority to
120	120	contract for the replacement, construction, or repair of school
121	121	equipment or facilities under this subchapter if emergency
122	122	replacement, construction, or repair is necessary for the health
123	123	and safety of district students and staff.
124	124	SECTION 4. This Act does not make an appropriation. This
125	125	Act takes effect only if a specific appropriation for the
126	126	implementation of the Act is provided in a general appropriations
127	127	act of the 81st Legislature.
128	128	SECTION 5. Except as provided by Section 4 of this Act, this
129	129	Act takes effect September 1, 2009.