Texas 2015 - 84th Regular

Texas House Bill HB1065 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4994 PAM-D
2	2	By: White of Tyler H.B. No. 1065
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Interstate Primary and Secondary Public Education
8	8	Compact.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 4, Education Code, is amended by adding
11	11	Chapter 163 to read as follows:
12	12	CHAPTER 163. INTERSTATE PRIMARY AND SECONDARY PUBLIC
13	13	EDUCATION COMPACT
14	14	Sec. 163.001. EXECUTION OF COMPACT. This state enacts the
15	15	Interstate Primary and Secondary Public Education Compact and
16	16	enters into the compact with all other states legally joining in the
17	17	compact in substantially the following form:
18	18	Whereas, the separation of powers, both between the branches
19	19	of the Federal government and between Federal and State authority,
20	20	is essential to the preservation of individual liberty;
21	21	Whereas, the Constitution creates a Federal government of
22	22	limited and enumerated powers, and reserves to the States or to the
23	23	people those powers not granted to the Federal government;
24	24	Whereas, the Federal government has enacted many laws that
25	25	have preempted State laws with respect to Primary and Secondary
26	26	Public Education, and placed increasing strain on State budgets,
27	27	impairing other responsibilities such as infrastructure and public
28	28	safety;
29	29	Whereas, the Member States seek to protect local control over
30	30	Primary and Secondary Public Education decisions, and believe the
31	31	best method to achieve that end is by vesting regulatory authority
32	32	over Primary and Secondary Public Education in the States;
33	33	Whereas, by acting in concert, the Member States may express
34	34	and inspire confidence in the ability of each Member State to govern
35	35	Primary and Secondary Public Education effectively; and
36	36	Whereas, the Member States recognize that consent of Congress
37	37	may be more easily secured if the Member States collectively seek
38	38	consent through an interstate compact;
39	39	NOW, THEREFORE, the Member States hereto resolve, and by the
40	40	adoption into law under their respective State Constitutions of
41	41	this Primary and Secondary Public Education Compact, agree, as
42	42	follows:
43	43	Sec. 1. Definitions. As used in this Compact, unless the
44	44	context clearly indicates otherwise:
45	45	"Commission" means the Interstate Primary and Secondary
46	46	Public Education Excellence Commission.
47	47	"Effective Date" means the date upon which this Compact shall
48	48	become effective for purposes of the operation of State and Federal
49	49	law in a Member State, which shall be the later of:
50	50	a) the date upon which this Compact shall be adopted
51	51	under the laws of the Member State; and
52	52	b) the date upon which this Compact receives the
53	53	consent of Congress pursuant to Article I, Section 10, of the United
54	54	States Constitution, after at least two Member States adopt this
55	55	Compact.
56	56	"Primary and Secondary Public Education" includes all
57	57	aspects of a public education system from kindergarten through
58	58	grade twelve.
59	59	"Member State" means a State that is signatory to this
60	60	Compact and has adopted it under the laws of that State.
61	61	"Member State Base Funding Level" means a number equal to the
62	62	total Federal spending on Primary and Secondary Public Education in
63	63	the Member State during Federal fiscal year 2014. On or before the
64	64	Effective Date, each Member State shall determine the Member State
65	65	Base Funding Level for its State, and that number shall be binding
66	66	upon that Member State.
67	67	"Member State Current Year Funding Level" means the Member
68	68	State Base Funding Level multiplied by the Member State Current
69	69	Year Population Adjustment Factor multiplied by the Current Year
70	70	Inflation Adjustment Factor.
71	71	"Member State Current Year Population Adjustment Factor"
72	72	means the average population of the Member State in the current year
73	73	less the average population of the Member State in Federal fiscal
74	74	year 2014, divided by the average population of the Member State in
75	75	Federal fiscal year 2014, plus 1. Average population in a Member
76	76	State shall be determined by the United States Census Bureau.
77	77	"Current Year Inflation Adjustment Factor" means the Total
78	78	Gross Domestic Product Deflator in the current year divided by the
79	79	Total Gross Domestic Product Deflator in Federal fiscal year
80	80	2014. Total Gross Domestic Product Deflator shall be determined by
81	81	the Bureau of Economic Analysis of the United States Department of
82	82	Commerce.
83	83	Sec. 2. Pledge. The Member States shall take joint and
84	84	separate action to secure the consent of the United States Congress
85	85	to this Compact in order to return the authority to regulate Primary
86	86	and Secondary Public Education to the Member States consistent with
87	87	the goals and principles articulated in this Compact. The Member
88	88	States shall improve Primary and Secondary Public Education policy
89	89	within their respective jurisdictions and according to the judgment
90	90	and discretion of each Member State.
91	91	Sec. 3. Legislative Power. The legislatures of the Member
92	92	States have the primary responsibility to regulate Primary and
93	93	Secondary Public Education in their respective States.
94	94	Sec. 4. State Control. Each Member State, within its
95	95	State, may suspend by legislation the operation of all federal
96	96	laws, rules, regulations, and orders regarding Primary and
97	97	Secondary Public Education that are inconsistent with the laws and
98	98	regulations adopted by the Member State pursuant to this
99	99	Compact. Federal and State laws, rules, regulations, and orders
100	100	regarding Primary and Secondary Public Education will remain in
101	101	effect unless a Member State expressly suspends them pursuant to
102	102	its authority under this Compact. For any federal law, rule,
103	103	regulation, or order that remains in effect in a Member State after
104	104	the Effective Date, that Member State shall be responsible for the
105	105	associated funding obligations in its State.
106	106	Sec. 5. Funding.
107	107	(a) Each Federal fiscal year, each Member State shall have
108	108	the right to Federal monies up to an amount equal to its Member
109	109	State Current Year Funding Level for that Federal fiscal year,
110	110	funded by Congress as mandatory spending and not subject to annual
111	111	appropriation, to support the exercise of Member State authority
112	112	under this Compact. This funding shall not be conditional on any
113	113	action of or regulation, policy, law, or rule being adopted by the
114	114	Member State.
115	115	(b) By the start of each Federal fiscal year, Congress shall
116	116	establish an initial Member State Current Year Funding Level for
117	117	each Member State, based upon reasonable estimates. The final
118	118	Member State Current Year Funding Level shall be calculated, and
119	119	funding shall be reconciled by the United States Congress based
120	120	upon information provided by each Member State and audited by the
121	121	United States Government Accountability Office.
122	122	Sec. 6. Interstate Primary and Secondary Public Education
123	123	Excellence Commission.
124	124	(a) The Interstate Primary and Secondary Public Education
125	125	Excellence Commission is established. The Commission consists of
126	126	members appointed by each Member State through a process to be
127	127	determined by each Member State. A Member State may not appoint
128	128	more than two members to the Commission and may withdraw membership
129	129	from the Commission at any time. Each Commission member is
130	130	entitled to one vote. The Commission shall not act unless a
131	131	majority of the members are present, and no action shall be binding
132	132	unless approved by a majority of the Commission's total membership.
133	133	(b) The Commission may elect from among its membership a
134	134	Chairperson. The Commission may adopt and publish bylaws and
135	135	policies that are not inconsistent with this Compact. The
136	136	Commission shall meet at least once a year, and may meet more
137	137	frequently.
138	138	(c) The Commission may study issues of Primary and Secondary
139	139	Public Education regulation that are of particular concern to the
140	140	Member States. The Commission may make non-binding
141	141	recommendations to the Member States. The legislatures of the
142	142	Member States may consider these recommendations in determining the
143	143	appropriate Primary and Secondary Public Education policies in
144	144	their respective States.
145	145	(d) The Commission shall collect information and data to
146	146	assist the Member States in their regulation of Primary and
147	147	Secondary Public Education, including assessing the performance of
148	148	various State Primary and Secondary Public Education programs and
149	149	compiling information on the cost of providing Primary and
150	150	Secondary Public Education. The Commission shall make this
151	151	information and data available to the legislatures of the Member
152	152	States. Notwithstanding any other provision in this Compact, this
153	153	Act does not authorize the disclosure of information, documents, or
154	154	records that are not subject to disclosure under the Family
155	155	Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
156	156	1232g).
157	157	(e) The Commission shall be funded by the Member States as
158	158	agreed to by the Member States. The Commission shall have the
159	159	responsibilities and duties as may be conferred upon it by
160	160	subsequent action of the respective legislatures of the Member
161	161	States in accordance with the terms of this Compact.
162	162	(f) The Commission shall not take any action within a Member
163	163	State that contravenes any State law of that Member State.
164	164	Sec. 7. Congressional Consent. This Compact shall be
165	165	effective on its adoption by at least two Member States and consent
166	166	of the United States Congress. This Compact shall be effective
167	167	unless the United States Congress, in consenting to this Compact,
168	168	alters the fundamental purposes of this Compact, which are:
169	169	(a) To secure the right of the Member States to regulate
170	170	Primary and Secondary Public Education in their respective States
171	171	pursuant to this Compact and to suspend the operation of any
172	172	conflicting federal laws, rules, regulations, and orders within
173	173	their States; and
174	174	(b) To secure Federal funding for Member States that choose
175	175	to invoke their authority under this Compact, as prescribed by
176	176	Section 5 above.
177	177	Sec. 8. Amendments. The Member States, by unanimous
178	178	agreement, may amend this Compact from time to time without the
179	179	prior consent or approval of Congress and any amendment shall be
180	180	effective unless, within one year, the Congress disapproves that
181	181	amendment. Any State may join this Compact after the date on which
182	182	Congress consents to the Compact by adoption into law under its
183	183	State Constitution.
184	184	Sec. 9. Withdrawal; Dissolution. Any Member State may
185	185	withdraw from this Compact by adopting a law to that effect, but no
186	186	such withdrawal shall take effect until six months after the
187	187	Governor of the withdrawing Member State has given notice of the
188	188	withdrawal to the other Member States. A withdrawing State shall
189	189	be liable for any obligations that it may have incurred prior to the
190	190	date on which its withdrawal becomes effective. This Compact shall
191	191	be dissolved upon the withdrawal of all but one of the Member
192	192	States.
193	193	SECTION 2. This Act takes effect immediately if it receives
194	194	a vote of two-thirds of all the members elected to each house, as
195	195	provided by Section 39, Article III, Texas Constitution. If this
196	196	Act does not receive the vote necessary for immediate effect, this
197	197	Act takes effect September 1, 2015.