81R39016 KKA-D
By: Shapiro S.R. No. 1106
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Bill 3646 (public school finance and programs) to consider and take
action on the following matters:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either version of
the bill by adding the following new SECTION to the bill:
SECTION 22. Section 29.190, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) to read
as follows:
(a) A student is entitled to a subsidy under this section
if:
(1) the student:
(A) [(1)] successfully completes the career and
technology program of a school district in which the student
receives training and instruction for employment in a current or
emerging high-demand, high-wage, high-skill [certain trade or]
occupation, as determined under Subsection (e); or
(B) is enrolled in a special education program
under Subchapter A;
(2) the student passes a certification examination to
qualify for a license or certificate for the [trade or] occupation;
and
(3) the student submits to the district a written
application in the form, time, and manner required by the district
for the district to subsidize the cost of an examination described
by Subdivision (2) [demonstrates financial need].
(c) On approval by the commissioner, the agency shall pay
each school district [eligible student] an amount equal to the cost
paid by the district or student for the certification examination.
To obtain reimbursement for a subsidy paid under this section, a
district [student] must:
(1) pay the fee for the examination or pay the student
the amount of the fee paid by the student for the examination; and
(2) submit to the commissioner a written application
on a form prescribed by the commissioner stating [demonstrating
financial need and] the amount of the fee paid under Subdivision (1)
[by the student] for the certification examination.
(e) The commissioner, in collaboration with the
commissioner of higher education and the Texas Workforce
Commission, shall determine as necessary the occupations that
qualify for purposes of this section.
EXPLANATION: This addition is necessary to provide
reimbursement to school districts for subsidies provided by
districts to students who pass certification examinations for
certain occupations.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either version of
the bill by adding the following new SECTION to the bill:
SECTION 90. (a) Section 5, Chapter 259 (H.B. 323), Acts of
the 80th Legislature, Regular Session, 2007, is repealed.
(b) Section 547.701(e), Transportation Code, as added by
Chapter 259 (H.B. 323), Acts of the 80th Legislature, Regular
Session, 2007, takes effect September 1, 2009.
(c) Section 547.701, Transportation Code, is amended by
adding Subsection (f) to read as follows:
(f) A school district is required to comply with Subsection
(e) only to the extent that the Texas Education Agency pays or
commits to pay the district for expenses incurred in complying with
that subsection. The Texas Education Agency may make grants of
appropriated money for the purpose of paying school districts under
this subsection.
EXPLANATION: This addition is necessary to address the
applicability of requirements regarding seat belts on a school bus
and the provision of funding to meet those requirements.
(3) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either version of
the bill by adding the following new SECTION to the bill:
SECTION 96. (a) The commissioner of education shall
determine the percentage of entitlement in the foundation school
program or other program that represents the use of education
stabilization funds received under the American Recovery and
Reinvestment Act of 2009 (Pub. L. No. 111-5). In order to receive
that percentage of total funds available to a school district or
open-enrollment charter school under the foundation school program
or other program, a district or school may be required to apply to
the commissioner using an application developed by the
commissioner. The commissioner may require an applicant to make
assurances as to the use and monitoring of funds applied for or
other requirements, consistent with the American Recovery and
Reinvestment Act of 2009 (Pub. L. No. 111-5).
(b) If any of the funds received by the state under the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5)
that were appropriated for the purpose of funding the foundation
school program or other program are determined to be unavailable
temporarily or permanently for that purpose, the commissioner shall
reduce the total amount of funds to which a district or school is
entitled under Chapters 41 and 42, Education Code, or other
programs proportional to the percentage determined under
Subsection (a) of this section. A reduction in funding under this
subsection does not increase the entitlement of a district or
school in any subsequent year.
(c) This section applies to funding provided under Chapters
41 and 42, Education Code, as amended by this Act, for the 2009-2010
and 2010-2011 school years. A decision by the commissioner under
this section is final and may not be appealed.
EXPLANATION: This addition is necessary to provide for
compliance with any requirements associated with the use of funds
received by the state under the American Recovery and Reinvestment
Act of 2009 (Pub. L. No. 111-5) and to permit the commissioner of
education to make funding modifications if necessary as a result of
federal determinations regarding use of those funds.