By: King of Hemphill H.B. No. 481
A BILL TO BE ENTITLED
AN ACT
relating to the recovery of overallocated state funds by the Texas
Education Agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.258, Education Code, is amended by
adding Subsections (a-2) and (a-3) to read as follows:
(a-2) Notwithstanding any other provision of this section
except as provided by Subsection (a-3), the agency may not recover
an overallocation of state funds if:
(1) the overallocation occurred more than seven years
before the date the overallocation is discovered; and
(2) the overallocation occurred as a result of
statutory changes to this title and related requirements.
(a-3) Subsection (a-2) does not apply to recovery of state
funds allocated to a district under Section 41.0931 or 42.2524 if
the state seeks to recover the funds as a result of the district
receiving reimbursement through insurance proceeds, federal
disaster relief payments, or another similar source of
reimbursement for the costs for which the state funds were
allocated.
SECTION 2. Section 42.258(a-2), Education Code, as added by
this Act, applies to each overallocation of state funds discovered
on or after the effective date of this Act, regardless of the date
on which the overallocation of state funds occurred.
SECTION 3. This Act takes effect September 1, 2017.