By: Flynn H.B. No. 2491 A BILL TO BE ENTITLED AN ACT Relating to a moratorium on certain testing and assessments of certain public school students under the public school accountability system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.0221 to read as follows: Sec. 39.0221. MORATORIUM ON CERTAIN TESTING AND ASSESSMENTS. (a) The agency shall develop and implement a plan to suspend all state mandated testing and assessments for a period of two fiscal years ending September 30, 2013 in accordance with this section. (b) Superintendents of Independent School Districts are authorized to suspend all state mandated testing and assessments for a period ending September 30, 2013 with concurrence from the Independent School District School Board. (c) Superintendents of an Independent School District may apply funds or appropriations originally intended for this testing to the retention of teachers or positions with direct student contact and involvement or consumable resources requested for classroom instruction. (d) Funding for an Independent School District shall not be contingent upon the decision to administer or not administer this change in law. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.