1 | 1 | | By: Taylor of Galveston S.B. No. 2215 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to state fiscal matters related to public education. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES |
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9 | 9 | | GENERALLY |
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10 | 10 | | SECTION 1.01. This article applies to any state agency, |
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11 | 11 | | school, or other entity other than an institution of higher |
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12 | 12 | | education, that receives an appropriation under Article III of the |
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13 | 13 | | General Appropriations Act. |
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14 | 14 | | SECTION 1.02. Notwithstanding any other statute of this |
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15 | 15 | | state, each entity to which this article applies is authorized to |
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16 | 16 | | reduce or recover expenditures by: |
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17 | 17 | | (1) consolidating any reports or publications the |
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18 | 18 | | entity is required to make and filing or delivering any of those |
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19 | 19 | | reports or publications exclusively by electronic means; |
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20 | 20 | | (2) extending the effective period of any license, |
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21 | 21 | | permit, or registration the entity grants or administers; |
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22 | 22 | | (3) entering into a contract with another governmental |
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23 | 23 | | entity or with a private vendor to carry out any of the entity's |
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24 | 24 | | duties; |
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25 | 25 | | (4) providing that any communication between the |
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26 | 26 | | entity and another person and any document required to be delivered |
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27 | 27 | | to or by the entity, including any application, notice, billing |
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28 | 28 | | statement, receipt, or certificate, may be made or delivered by |
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29 | 29 | | e-mail or through the Internet; and |
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30 | 30 | | (5) adopting and collecting fees or charges to cover |
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31 | 31 | | any costs the entity incurs in performing its lawful functions. |
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32 | 32 | | ARTICLE 2. REDUCTION IN GENERAL APPROPRIATIONS ACT |
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33 | 33 | | SECTION 2.01. An employee of a state agency, school, or |
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34 | 34 | | other entity other than an institution of higher education, that |
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35 | 35 | | receives an appropriation under Article III of the General |
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36 | 36 | | Appropriations Act, is not entitled to an amount from the state for |
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37 | 37 | | expenses, per diem, travel, or salary that exceeds the amount |
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38 | 38 | | authorized for those purposes by the General Appropriations Act. |
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39 | 39 | | SECTION 2.02. An employee of a state agency, school, or |
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40 | 40 | | other entity other than an institution of higher education, that |
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41 | 41 | | receives an appropriation under Article III of the General |
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42 | 42 | | Appropriations Act, is not entitled to an amount from the state for |
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43 | 43 | | a salary, a salary supplement, office expenses or reimbursement of |
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44 | 44 | | office expenses, or travel that exceeds the amount authorized for |
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45 | 45 | | those purposes by the General Appropriations Act. |
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46 | 46 | | ARTICLE 3. SCHEDULE OF INSTALLMENT PAYMENTS |
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47 | 47 | | SECTION 3.01. Subsections (c), (d), and (f), Section |
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48 | 48 | | 42.259, Education Code, are amended to read as follows: |
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49 | 49 | | (c) Payments from the foundation school fund to each |
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50 | 50 | | category 2 school district shall be made as follows: |
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51 | 51 | | (1) 22 percent of the yearly entitlement of the |
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52 | 52 | | district shall be paid in an installment to be made on or before the |
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53 | 53 | | 25th day of September of a fiscal year; |
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54 | 54 | | (2) 18 percent of the yearly entitlement of the |
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55 | 55 | | district shall be paid in an installment to be made on or before the |
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56 | 56 | | 25th day of October; |
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57 | 57 | | (3) 9.5 percent of the yearly entitlement of the |
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58 | 58 | | district shall be paid in an installment to be made on or before the |
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59 | 59 | | 25th day of November; |
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60 | 60 | | (4) 7.5 percent of the yearly entitlement of the |
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61 | 61 | | district shall be paid in an installment to be made on or before the |
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62 | 62 | | 25th day of April; |
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63 | 63 | | (5) five percent of the yearly entitlement of the |
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64 | 64 | | district shall be paid in an installment to be made on or before the |
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65 | 65 | | 25th day of May; |
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66 | 66 | | (6) 10 percent of the yearly entitlement of the |
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67 | 67 | | district shall be paid in an installment to be made on or before the |
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68 | 68 | | 25th day of June; |
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69 | 69 | | (7) 13 percent of the yearly entitlement of the |
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70 | 70 | | district shall be paid in an installment to be made on or before the |
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71 | 71 | | 25th day of July; and |
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72 | 72 | | (8) 15 percent of the yearly entitlement of the |
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73 | 73 | | district shall be paid in an installment to be made after the 5th |
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74 | 74 | | day of September and not later than the 10th day of September of the |
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75 | 75 | | calendar year following the calendar year of the payment made under |
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76 | 76 | | Subdivision (1) [on or before the 25th day of August]. |
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77 | 77 | | (d) Payments from the foundation school fund to each |
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78 | 78 | | category 3 school district shall be made as follows: |
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79 | 79 | | (1) 45 percent of the yearly entitlement of the |
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80 | 80 | | district shall be paid in an installment to be made on or before the |
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81 | 81 | | 25th day of September of a fiscal year; |
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82 | 82 | | (2) 35 percent of the yearly entitlement of the |
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83 | 83 | | district shall be paid in an installment to be made on or before the |
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84 | 84 | | 25th day of October; and |
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85 | 85 | | (3) 20 percent of the yearly entitlement of the |
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86 | 86 | | district shall be paid in an installment to be made after the 5th |
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87 | 87 | | day of September and not later than the 10th day of September of the |
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88 | 88 | | calendar year following the calendar year of the payment made under |
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89 | 89 | | Subdivision (1) [on or before the 25th day of August]. |
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90 | 90 | | (f) Except as provided by Subsection (c)(8) or (d)(3), any |
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91 | 91 | | [Any] previously unpaid additional funds from prior fiscal years |
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92 | 92 | | owed to a district shall be paid to the district together with the |
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93 | 93 | | September payment of the current fiscal year entitlement. |
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94 | 94 | | SECTION 3.02. Subsection (c), Section 466.355, Government |
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95 | 95 | | Code, is amended to read as follows: |
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96 | 96 | | (c) Each August the comptroller shall: |
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97 | 97 | | (1) estimate the amount to be transferred to the |
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98 | 98 | | foundation school fund on or before September 15; and |
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99 | 99 | | (2) notwithstanding Subsection (b)(4), transfer the |
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100 | 100 | | amount estimated in Subdivision (1) to the foundation school fund |
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101 | 101 | | before August 25 [installment payments are made under Section |
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102 | 102 | | 42.259, Education Code]. |
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103 | 103 | | SECTION 3.03. Subsections (c) and (e) of Section 42.2591, |
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104 | 104 | | Education Code, are amended to read as follows: |
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105 | 105 | | (c) Payments from the foundation school fund to an |
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106 | 106 | | open-enrollment charter school under this section shall be made as |
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107 | 107 | | follows: |
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108 | 108 | | (1) 22 percent of the yearly entitlement of the school |
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109 | 109 | | shall be paid in an installment to be made on or before the 25th day |
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110 | 110 | | of September of a fiscal year; |
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111 | 111 | | (2) 18 percent of the yearly entitlement of the school |
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112 | 112 | | shall be paid in an installment to be made on or before the 25th day |
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113 | 113 | | of October; |
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114 | 114 | | (3) 9.5 percent of the yearly entitlement of the |
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115 | 115 | | school shall be paid in an installment to be made on or before the |
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116 | 116 | | 25th day of November; |
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117 | 117 | | (4) four percent of the yearly entitlement of the |
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118 | 118 | | school shall be paid in an installment to be made on or before the |
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119 | 119 | | 25th day of December; |
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120 | 120 | | (5) four percent of the yearly entitlement of the |
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121 | 121 | | school shall be paid in an installment to be made on or before the |
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122 | 122 | | 25th day of January; |
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123 | 123 | | (6) four percent of the yearly entitlement of the |
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124 | 124 | | school shall be paid in an installment to be made on or before the |
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125 | 125 | | 25th day of February; |
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126 | 126 | | (7) four percent of the yearly entitlement of the |
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127 | 127 | | school shall be paid in an installment to be made on or before the |
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128 | 128 | | 25th day of March; |
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129 | 129 | | (8) 7.5 percent of the yearly entitlement of the |
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130 | 130 | | school shall be paid in an installment to be made on or before the |
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131 | 131 | | 25th day of April; |
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132 | 132 | | (9) five percent of the yearly entitlement of the |
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133 | 133 | | school shall be paid in an installment to be made on or before the |
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134 | 134 | | 25th day of May; |
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135 | 135 | | (10) seven percent of the yearly entitlement of the |
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136 | 136 | | school shall be paid in an installment to be made on or before the |
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137 | 137 | | 25th day of June; |
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138 | 138 | | (11) seven percent of the yearly entitlement of the |
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139 | 139 | | school shall be paid in an installment to be made on or before the |
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140 | 140 | | 25th day of July; and |
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141 | 141 | | (12) eight percent of the yearly entitlement of the |
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142 | 142 | | school shall be paid in an installment to be made after the 5th day |
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143 | 143 | | of September and not later than the 10th day of September of the |
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144 | 144 | | calendar year following the calendar year of the payment made under |
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145 | 145 | | Subdivision (1)[on or before the 25th day of August]. |
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146 | 146 | | (e) Except as provided by Subsection (c)(12), previously |
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147 | 147 | | [Previously] unpaid additional funds from prior fiscal years owed |
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148 | 148 | | to an open-enrollment charter school shall be paid to the school |
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149 | 149 | | together with the September payment of the current fiscal year |
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150 | 150 | | entitlement. |
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151 | 151 | | SECTION 3.04. The changes made by this article to Sections |
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152 | 152 | | 42.259 and 42.2591, Education Code, apply only to a payment from the |
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153 | 153 | | foundation school fund that is made on or after the effective date |
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154 | 154 | | of this Act. A payment to a school district from the foundation |
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155 | 155 | | school fund that is made before that date is governed by Sections |
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156 | 156 | | 42.259 and 42.2591, Education Code, as it existed before amendment |
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157 | 157 | | by this article, and the former law is continued in effect for that |
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158 | 158 | | purpose. |
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159 | 159 | | ARTICLE 4. PILOT PROGRAMS |
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160 | 160 | | SECTION 4.01 PILOT PROGRAM PROPOSALS AND RULES. The |
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161 | 161 | | commissioner of each state agency to which this article applies may |
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162 | 162 | | propose to the appropriate legislative committee pilot programs |
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163 | 163 | | that could be tested to determine if the programs might produce long |
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164 | 164 | | term fiscal benefits to the state. The commissioner may propose |
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165 | 165 | | rules necessary to implement the pilot programs. |
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166 | 166 | | ARTICLE 5. REPEALER |
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167 | 167 | | SECTION 5.01 Section 42.262, Education Code, is repealed. |
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168 | 168 | | ARTICLE 6. EFFECTIVE DATE |
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169 | 169 | | SECTION 6.01. This Act takes effect immediately if it |
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170 | 170 | | receives a vote of two-thirds of all the members elected to each |
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171 | 171 | | house, as provided by Section 39, Article III, Texas Constitution. |
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172 | 172 | | If this Act does not receive the vote necessary for immediate |
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173 | 173 | | effect, this Act takes effect on the 91st day after the last day of |
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174 | 174 | | the legislative session. |
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