By: Shapiro S.R. No. 1106
SENATE RESOLUTION
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 No. 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 1, 2009.
_______________________________
Secretary of the Senate