88S40074 PRL-D
By: Thompson of Brazoria H.B. No. 25
A BILL TO BE ENTITLED
AN ACT
relating to requirements for legislation increasing expenditures
by public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Education Code, is amended by adding
Section 1.007 to read as follows:
Sec. 1.007. REQUIREMENTS FOR LEGISLATION INCREASING
EXPENDITURES BY PUBLIC SCHOOLS. (a) In this section, "state
educational mandate" means a statutory provision or agency rule the
implementation of which requires an expenditure by a school
district or open-enrollment charter school that would not have been
required in the absence of the statutory provision or the rule
adopted under that provision.
(b) Notwithstanding any other law, legislation that imposes
a state educational mandate on a school district or open-enrollment
charter school and that does not provide for the payment or
reimbursement of the required expenditure must also:
(1) increase the basic allotment under Section 48.051
in an amount sufficient to cover the cost of the increased
expenditures required by the legislation; or
(2) eliminate one or more existing state educational
mandates for which the amount of expenditures required by a
district or school under those mandates is at least equal to the
amount of expenditures required by the legislation.
(c) Notwithstanding any other law, a school district or
open-enrollment charter school is not required to comply with
legislation that fails to comply with Subsection (b).
(d) For each proposed piece of legislation related to
primary and secondary education, the agency shall:
(1) determine whether this section applies to the
legislation; and
(2) provide written notice to the Legislative Budget
Board of the agency's determination under Subdivision (1) for the
board to include in the impact statement prepared under Section
314.004, Government Code.
SECTION 2. Section 314.004, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The impact statement must include the Texas Education
Agency's state educational mandate determination provided to the
board under Section 1.007, Education Code.
SECTION 3. This Act takes effect on the 91st day after the
last day of the legislative session.