| 1 | 1 | | 88R639 TJB-D |
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| 2 | 2 | | By: Paxton S.B. No. 425 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a school district's use of public money to pay fees or |
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| 8 | 8 | | dues or provide compensation to a nonprofit state association or |
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| 9 | 9 | | organization that engages in certain lobbying activities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 45.105, Education Code, is amended by |
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| 12 | 12 | | amending Subsection (c) and adding Subsection (c-2) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (c) Local school funds from district taxes, tuition fees of |
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| 15 | 15 | | students not entitled to a free education, other local sources, and |
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| 16 | 16 | | state funds not designated for a specific purpose may be used for |
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| 17 | 17 | | the purposes listed for state and county available funds and for |
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| 18 | 18 | | purchasing appliances and supplies, paying insurance premiums, |
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| 19 | 19 | | paying janitors and other employees, buying school sites, buying, |
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| 20 | 20 | | building, repairing, and renting school buildings, including |
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| 21 | 21 | | acquiring school buildings and sites by leasing through annual |
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| 22 | 22 | | payments with an ultimate option to purchase, and, except as |
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| 23 | 23 | | provided by Subsections [Subsection] (c-1) and (c-2), for other |
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| 24 | 24 | | purposes necessary in the conduct of the public schools determined |
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| 25 | 25 | | by the board of trustees. The accounts and vouchers for county |
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| 26 | 26 | | districts must be approved by the county superintendent. If the |
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| 27 | 27 | | state available school fund in any municipality or district is |
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| 28 | 28 | | sufficient to maintain the schools in any year for at least eight |
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| 29 | 29 | | months and leave a surplus, the surplus may be spent for the |
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| 30 | 30 | | purposes listed in this subsection. |
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| 31 | 31 | | (c-2) Funds described by Subsection (c) may not be used to |
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| 32 | 32 | | pay fees or dues or provide compensation in any manner to a |
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| 33 | 33 | | nonprofit state association or organization that advocates for or |
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| 34 | 34 | | against or otherwise influences or attempts to influence the |
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| 35 | 35 | | outcome of legislation pending before the legislature on the |
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| 36 | 36 | | collective behalf of school boards in this state. |
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| 37 | 37 | | SECTION 2. Section 48.201, Education Code, is amended to |
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| 38 | 38 | | read as follows: |
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| 39 | 39 | | Sec. 48.201. PURPOSE. The purpose of the tier two |
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| 40 | 40 | | component of the Foundation School Program is to provide each |
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| 41 | 41 | | school district with the opportunity to provide the basic program |
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| 42 | 42 | | and to supplement that program at a level of its own choice. An |
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| 43 | 43 | | allotment under this subchapter may be used for any legal purpose |
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| 44 | 44 | | other than: |
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| 45 | 45 | | (1) capital outlay or debt service; or |
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| 46 | 46 | | (2) a purpose prohibited by Section 45.105(c-1) or |
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| 47 | 47 | | (c-2) or another provision of this code. |
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| 48 | 48 | | SECTION 3. Section 45.105(c-2), Education Code, as added by |
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| 49 | 49 | | this Act, and Section 48.201, Education Code, as amended by this |
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| 50 | 50 | | Act, apply only to a payment or other compensation made on or after |
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| 51 | 51 | | the effective date of this Act. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2023. |
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