By: Shapiro, et al. S.B. No. 644
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 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 2. 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:
(1) funds are specifically appropriated for purposes
of this section; or
(2) Foundation School Program funds are available for
purposes of this section, based on a determination by the
commissioner 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 fully reimburse each district's
disaster remediation costs, the commissioner shall reduce the
amount of assistance provided under this section to each district
proportionately.
(f) Notwithstanding any other provision of law, a district
that is required to purchase attendance credits under Chapter 41 is
eligible to receive assistance under this section in the same
manner as any other district. A district may, at its discretion,
receive assistance either as a payment of state aid under this
chapter or as a reduction in the total amount required to be paid by
the district for attendance credits under Section 41.093.
(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 3. 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 4. This Act does not make an appropriation. This
Act takes effect only if a specific appropriation for the
implementation of the Act is provided in a general appropriations
act of the 81st Legislature.
SECTION 5. Except as provided by Section 4 of this Act, this
Act takes effect September 1, 2009.