1 | 1 | | By: Shapiro S.B. No. 30 |
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2 | 2 | | (In the Senate - Filed June 2, 2011; June 3, 2011, read |
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3 | 3 | | first time and referred to Committee on Education; June 6, 2011, |
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4 | 4 | | reported favorably by the following vote: Yeas 8, Nays 0; |
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5 | 5 | | June 6, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the state virtual school network. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter A, Chapter 30A, Education Code, is |
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13 | 13 | | amended by adding Section 30A.007 to read as follows: |
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14 | 14 | | Sec. 30A.007. LOCAL POLICY ON ELECTRONIC COURSES. (a) A |
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15 | 15 | | school district or open-enrollment charter school shall adopt a |
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16 | 16 | | policy that provides district or school students with the |
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17 | 17 | | opportunity to enroll in electronic courses provided through the |
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18 | 18 | | state virtual school network. The policy must be consistent with |
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19 | 19 | | the requirements imposed by Section 26.0031. |
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20 | 20 | | (b) For purposes of a policy adopted under Subsection (a), |
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21 | 21 | | the determination of whether or not an electronic course will meet |
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22 | 22 | | the needs of a student with a disability shall be made by the |
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23 | 23 | | student's admission, review, and dismissal committee in a manner |
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24 | 24 | | consistent with state and federal law, including the Individuals |
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25 | 25 | | with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) |
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26 | 26 | | and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section |
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27 | 27 | | 794). |
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28 | 28 | | SECTION 2. Subchapter C, Chapter 30A, Education Code, is |
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29 | 29 | | amended by adding Section 30A.1021 to read as follows: |
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30 | 30 | | Sec. 30A.1021. PUBLIC ACCESS TO USER COMMENTS REGARDING |
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31 | 31 | | ELECTRONIC COURSES. (a) The administering authority shall |
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32 | 32 | | provide students who have completed or withdrawn from electronic |
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33 | 33 | | courses offered through the virtual school network and their |
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34 | 34 | | parents with a mechanism for providing comments regarding the |
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35 | 35 | | courses. |
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36 | 36 | | (b) The mechanism required by Subsection (a) must include a |
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37 | 37 | | quantitative rating system and a list of verbal descriptors that a |
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38 | 38 | | student or parent may select as appropriate. |
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39 | 39 | | (c) The administering authority shall provide public access |
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40 | 40 | | to the comments submitted by students and parents under this |
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41 | 41 | | section. The comments must be in a format that permits a person to |
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42 | 42 | | sort the comments by teacher, electronic course, and provider |
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43 | 43 | | school district or school. |
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44 | 44 | | SECTION 3. Section 30A.104, Education Code, is amended to |
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45 | 45 | | read as follows: |
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46 | 46 | | Sec. 30A.104. COURSE ELIGIBILITY IN GENERAL. (a) A course |
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47 | 47 | | offered through the state virtual school network must: |
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48 | 48 | | (1) be in a specific subject that is part of the |
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49 | 49 | | required curriculum under Section 28.002(a); |
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50 | 50 | | (2) be aligned with the essential knowledge and skills |
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51 | 51 | | identified under Section 28.002(c) for a grade level at or above |
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52 | 52 | | grade level three; and |
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53 | 53 | | (3) be the equivalent in instructional rigor and scope |
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54 | 54 | | to a course that is provided in a traditional classroom setting |
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55 | 55 | | during: |
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56 | 56 | | (A) a semester of 90 instructional days; and |
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57 | 57 | | (B) a school day that meets the minimum length of |
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58 | 58 | | a school day required under Section 25.082. |
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59 | 59 | | (b) For purposes of Subsection (a)(2), a course is |
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60 | 60 | | considered in compliance with the requirement imposed under that |
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61 | 61 | | subdivision if: |
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62 | 62 | | (1) the course contains at least 80 percent of the |
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63 | 63 | | applicable essential knowledge and skills; and |
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64 | 64 | | (2) the provider school district or school provides |
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65 | 65 | | written documentation that the remaining 20 percent of the |
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66 | 66 | | applicable essential knowledge and skills will be provided by the |
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67 | 67 | | teacher of the course. |
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68 | 68 | | (c) If the essential knowledge and skills with which an |
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69 | 69 | | approved course is aligned in accordance with Subsection (a)(2) are |
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70 | 70 | | modified, the provider school district or school must be provided |
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71 | 71 | | the same time period to revise the course to achieve alignment with |
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72 | 72 | | the modified essential knowledge and skills as is provided for the |
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73 | 73 | | modification of a course provided in a traditional classroom |
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74 | 74 | | setting. |
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75 | 75 | | SECTION 4. Section 30A.105, Education Code, is amended by |
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76 | 76 | | adding Subsections (a-1) and (a-2) and amending Subsection (d) to |
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77 | 77 | | read as follows: |
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78 | 78 | | (a-1) The administering authority shall publish the |
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79 | 79 | | schedule established under Subsection (a)(1), including any |
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80 | 80 | | deadlines specified in that schedule, and any guidelines applicable |
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81 | 81 | | to the submission and approval process for electronic courses. |
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82 | 82 | | (a-2) The evaluation required by Subsection (a)(2) must |
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83 | 83 | | include review of each electronic course component, including |
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84 | 84 | | off-line material proposed to be used in the course. |
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85 | 85 | | (d) If the agency determines that the costs of evaluating |
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86 | 86 | | and approving a submitted electronic course will not be paid by the |
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87 | 87 | | agency due to a shortage of funds available for that purpose, the |
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88 | 88 | | school district, open-enrollment charter school, or public or |
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89 | 89 | | private institution of higher education that submitted the course |
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90 | 90 | | for evaluation and approval may pay a fee equal to the amount of the |
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91 | 91 | | costs in order to ensure that evaluation of the course occurs. The |
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92 | 92 | | agency shall establish and publish a fee schedule for purposes of |
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93 | 93 | | this subsection. |
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94 | 94 | | SECTION 5. Subchapter D, Chapter 30A, Education Code, is |
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95 | 95 | | amended by adding Section 30A.153 to read as follows: |
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96 | 96 | | Sec. 30A.153. FOUNDATION SCHOOL PROGRAM FUNDING. (a) A |
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97 | 97 | | school district or open-enrollment charter school in which a |
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98 | 98 | | student is enrolled is entitled to funding under Chapter 42 for the |
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99 | 99 | | student's enrollment in an electronic course offered through the |
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100 | 100 | | state virtual school network in the same manner that the district or |
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101 | 101 | | school is entitled to funding for the student's enrollment in |
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102 | 102 | | courses provided in a traditional classroom setting, provided that |
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103 | 103 | | the student successfully completes the electronic course. |
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104 | 104 | | (b) The commissioner, after considering comments from |
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105 | 105 | | school district and open-enrollment charter school |
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106 | 106 | | representatives, shall adopt a standard agreement that governs |
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107 | 107 | | payment of funds and other matters relating to a student's |
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108 | 108 | | enrollment in an electronic course offered through the state |
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109 | 109 | | virtual school network. The agreement may not require a school |
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110 | 110 | | district or open-enrollment charter school to pay the provider the |
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111 | 111 | | full amount until the student has successfully completed the |
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112 | 112 | | electronic course. |
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113 | 113 | | (c) A school district or open-enrollment charter school |
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114 | 114 | | shall use the standard agreement adopted under Subsection (b) |
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115 | 115 | | unless: |
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116 | 116 | | (1) the district or school requests from the |
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117 | 117 | | commissioner permission to modify the standard agreement; and |
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118 | 118 | | (2) the commissioner authorizes the modification. |
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119 | 119 | | (d) The commissioner shall adopt rules necessary to |
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120 | 120 | | implement this section, including rules regarding attendance |
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121 | 121 | | accounting. |
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122 | 122 | | SECTION 6. Subsection (a), Section 42.302, Education Code, |
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123 | 123 | | is amended to read as follows: |
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124 | 124 | | (a) Each school district is guaranteed a specified amount |
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125 | 125 | | per weighted student in state and local funds for each cent of tax |
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126 | 126 | | effort over that required for the district's local fund assignment |
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127 | 127 | | up to the maximum level specified in this subchapter. The amount |
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128 | 128 | | of state support, subject only to the maximum amount under Section |
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129 | 129 | | 42.303, is determined by the formula: |
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130 | 130 | | GYA = (GL X WADA X DTR X 100) - LR |
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131 | 131 | | where: |
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132 | 132 | | "GYA" is the guaranteed yield amount of state funds to be |
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133 | 133 | | allocated to the district; |
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134 | 134 | | "GL" is the dollar amount guaranteed level of state and local |
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135 | 135 | | funds per weighted student per cent of tax effort, which is an |
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136 | 136 | | amount described by Subsection (a-1) or a greater amount for any |
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137 | 137 | | year provided by appropriation; |
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138 | 138 | | "WADA" is the number of students in weighted average daily |
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139 | 139 | | attendance, which is calculated by dividing the sum of the school |
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140 | 140 | | district's allotments under Subchapters B and C, less any allotment |
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141 | 141 | | to the district for transportation, any allotment under Section |
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142 | 142 | | 42.158[, 42.159,] or 42.160, and 50 percent of the adjustment under |
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143 | 143 | | Section 42.102, by the basic allotment for the applicable year; |
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144 | 144 | | "DTR" is the district enrichment tax rate of the school |
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145 | 145 | | district, which is determined by subtracting the amounts specified |
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146 | 146 | | by Subsection (b) from the total amount of maintenance and |
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147 | 147 | | operations taxes collected by the school district for the |
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148 | 148 | | applicable school year and dividing the difference by the quotient |
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149 | 149 | | of the district's taxable value of property as determined under |
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150 | 150 | | Subchapter M, Chapter 403, Government Code, or, if applicable, |
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151 | 151 | | under Section 42.2521, divided by 100; and |
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152 | 152 | | "LR" is the local revenue, which is determined by multiplying |
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153 | 153 | | "DTR" by the quotient of the district's taxable value of property as |
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154 | 154 | | determined under Subchapter M, Chapter 403, Government Code, or, if |
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155 | 155 | | applicable, under Section 42.2521, divided by 100. |
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156 | 156 | | SECTION 7. Section 42.159, Education Code, is repealed. |
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157 | 157 | | SECTION 8. This Act takes effect September 1, 2011, if this |
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158 | 158 | | Act receives a vote of two-thirds of all the members elected to each |
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159 | 159 | | house, as provided by Section 39, Article III, Texas Constitution. |
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160 | 160 | | If this Act does not receive the vote necessary to take effect on |
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161 | 161 | | that date, this Act takes effect on the 91st day after the last day |
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162 | 162 | | of the legislative session. |
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163 | 163 | | * * * * * |
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