82R3082 CAS-F
By: White H.B. No. 458
A BILL TO BE ENTITLED
AN ACT
relating to exempting a school district from the obligation to
comply with certain unfunded state educational mandates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.004 to read as follows:
Sec. 11.004. EXEMPTION FROM CERTAIN STATE EDUCATIONAL
MANDATES. (a) In this section, "state educational mandate" means a
statutory provision the implementation of which requires an
expenditure by a school district that would not have been required
in the absence of the statutory provision or a rule adopted under
that provision.
(b) A school district is exempt from a state educational
mandate for which the legislature has not appropriated money
estimated to be sufficient to meet the expenditure required by the
mandate at the time the mandate is effective unless the legislature
has determined that the mandate fulfills an important state
interest and:
(1) the expenditure is required to comply with a law
that applies to all persons similarly situated, including entities
other than a school district; or
(2) the mandate is necessary either to comply with
federal law or to meet eligibility standards for a federal
entitlement, and the federal law specifically contemplates action
by a district for compliance or eligibility.
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.