82R3083 CAS-F
By: White H.J.R. No. 46
A JOINT RESOLUTION
proposing a constitutional amendment releasing a school district
from the obligation to comply with an unfunded state educational
mandate.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VII, Texas Constitution, is amended by
adding Section 3-c to read as follows:
Sec. 3-c. (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 mandate passed by a two-thirds vote in each
house of the legislature;
(2) the expenditure is required to comply with a law
that applies to all persons similarly situated, including entities
other than a school district; or
(3) 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 proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment releasing a school
district from the obligation to comply with an unfunded state
educational mandate."