| 1 | 1 | | 86R1217 MEW-D |
|---|
| 2 | 2 | | By: King of Hemphill H.B. No. 662 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the recovery of overallocated state funds by the Texas |
|---|
| 8 | 8 | | Education Agency. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 42.258, Education Code, is amended by |
|---|
| 11 | 11 | | adding Subsections (a-2) and (a-3) to read as follows: |
|---|
| 12 | 12 | | (a-2) Notwithstanding any other provision of this section |
|---|
| 13 | 13 | | except as provided by Subsection (a-3), the agency may not recover |
|---|
| 14 | 14 | | an overallocation of state funds if: |
|---|
| 15 | 15 | | (1) the overallocation occurred more than seven years |
|---|
| 16 | 16 | | before the date the overallocation is discovered; and |
|---|
| 17 | 17 | | (2) the overallocation occurred as a result of |
|---|
| 18 | 18 | | statutory changes to this title and related requirements. |
|---|
| 19 | 19 | | (a-3) Subsection (a-2) does not apply to recovery of state |
|---|
| 20 | 20 | | funds allocated to a district under Section 41.0931 or 42.2524 if |
|---|
| 21 | 21 | | the state seeks to recover the funds as a result of the district |
|---|
| 22 | 22 | | receiving reimbursement through insurance proceeds, federal |
|---|
| 23 | 23 | | disaster relief payments, or another similar source of |
|---|
| 24 | 24 | | reimbursement for the costs for which the state funds were |
|---|
| 25 | 25 | | allocated. |
|---|
| 26 | 26 | | SECTION 2. Section 42.258(a-2), Education Code, as added by |
|---|
| 27 | 27 | | this Act, applies to each overallocation of state funds discovered |
|---|
| 28 | 28 | | on or after the effective date of this Act, regardless of the date |
|---|
| 29 | 29 | | on which the overallocation of state funds occurred. |
|---|
| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|