Texas 2019 - 86th Regular

Texas House Bill HB3851 Compare Versions

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

Old	New	Differences
1	1	86R5330 JES-D
2	2	By: Lang H.B. No. 3851
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to unfunded state educational mandates imposed on school
8	8	districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 11, Education Code, is
11	11	amended by adding Section 11.006 to read as follows:
12	12	Sec. 11.006. EXEMPTION FROM COMPLIANCE WITH UNFUNDED STATE
13	13	EDUCATIONAL MANDATES. (a) In this section, "state educational
14	14	mandate" means a statutory provision or agency rule the
15	15	implementation of which requires an expenditure by a school
16	16	district that would not have been required in the absence of the
17	17	statutory provision or the rule adopted under that provision.
18	18	(b) The comptroller shall publish a list of state
19	19	educational mandates for which the legislature has not provided
20	20	payment or reimbursement under Subsection (d) and that were enacted
21	21	by the legislature or were adopted by rule by the agency. The
22	22	comptroller shall publish the list:
23	23	(1) on or before the August 15 following the regular
24	24	session of the legislature, in the case of a state educational
25	25	mandate enacted by the legislature at a regular session;
26	26	(2) on or before the 90th day after the last day of the
27	27	special session of the legislature, in the case of a state
28	28	educational mandate enacted by the legislature at a special
29	29	session; or
30	30	(3) on or before the 90th day after the effective date
31	31	of the agency rule adopting the state educational mandate, in the
32	32	case of a mandate adopted by rule by the agency.
33	33	(c) By the same date specified by Subsection (b), the
34	34	comptroller shall:
35	35	(1) remove from the list of unfunded state educational
36	36	mandates those mandates for which the legislature has provided
37	37	payment or reimbursement under Subsection (d), those that are no
38	38	longer subject to payment or reimbursement, and those that are no
39	39	longer in effect; and
40	40	(2) add to the list any state educational mandate from
41	41	a previous period for which payment or reimbursement was provided
42	42	under Subsection (d) but for which payment or reimbursement was not
43	43	provided in the most recent regular session or in any subsequent
44	44	special sessions.
45	45	(d) A state educational mandate is considered to be a state
46	46	educational mandate for which the legislature has provided payment
47	47	or reimbursement if the legislature appropriates or otherwise
48	48	provides for the full payment or reimbursement, from a source other
49	49	than revenue of the district, for all expenditures that would be
50	50	accrued in the calendar year by the district in complying with the
51	51	state educational mandate.
52	52	(e) A school district is not required to comply with a state
53	53	educational mandate that appears on the list published by the
54	54	comptroller under Subsection (b) for as long as the mandate remains
55	55	on the list.
56	56	(f) Before September 1 of the even-numbered year before the
57	57	third anniversary of the date of enactment or adoption of a state
58	58	educational mandate identified by the comptroller under Subsection
59	59	(b), the comptroller shall:
60	60	(1) review any legislative history of the state
61	61	educational mandate;
62	62	(2) conduct an evaluation, in coordination with the
63	63	agency, on the benefits of the state educational mandate and the
64	64	costs of the mandate on affected districts; and
65	65	(3) present a written report to the legislature and
66	66	the governor on the comptroller's findings.
67	67	(g) This section does not apply to a state educational
68	68	mandate that:
69	69	(1) creates a criminal offense or changes an element
70	70	of a criminal offense;
71	71	(2) is imposed by the legislature or a state agency to
72	72	comply with a requirement of the Texas Constitution, federal law,
73	73	or a court order; or
74	74	(3) is approved by the voters of this state at a
75	75	general election.
76	76	SECTION 2. This Act takes effect immediately if it receives
77	77	a vote of two-thirds of all the members elected to each house, as
78	78	provided by Section 39, Article III, Texas Constitution. If this
79	79	Act does not receive the vote necessary for immediate effect, this
80	80	Act takes effect September 1, 2019.