| 1 | 1 | | 88S40074 PRL-D |
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| 2 | 2 | | By: Thompson of Brazoria H.B. No. 25 |
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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 requirements for legislation increasing expenditures |
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| 8 | 8 | | by public schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 1, Education Code, is amended by adding |
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| 11 | 11 | | Section 1.007 to read as follows: |
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| 12 | 12 | | Sec. 1.007. REQUIREMENTS FOR LEGISLATION INCREASING |
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| 13 | 13 | | EXPENDITURES BY PUBLIC SCHOOLS. (a) In this section, "state |
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| 14 | 14 | | educational mandate" means a statutory provision or agency rule the |
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| 15 | 15 | | implementation of which requires an expenditure by a school |
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| 16 | 16 | | district or open-enrollment charter school that would not have been |
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| 17 | 17 | | required in the absence of the statutory provision or the rule |
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| 18 | 18 | | adopted under that provision. |
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| 19 | 19 | | (b) Notwithstanding any other law, legislation that imposes |
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| 20 | 20 | | a state educational mandate on a school district or open-enrollment |
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| 21 | 21 | | charter school and that does not provide for the payment or |
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| 22 | 22 | | reimbursement of the required expenditure must also: |
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| 23 | 23 | | (1) increase the basic allotment under Section 48.051 |
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| 24 | 24 | | in an amount sufficient to cover the cost of the increased |
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| 25 | 25 | | expenditures required by the legislation; or |
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| 26 | 26 | | (2) eliminate one or more existing state educational |
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| 27 | 27 | | mandates for which the amount of expenditures required by a |
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| 28 | 28 | | district or school under those mandates is at least equal to the |
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| 29 | 29 | | amount of expenditures required by the legislation. |
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| 30 | 30 | | (c) Notwithstanding any other law, a school district or |
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| 31 | 31 | | open-enrollment charter school is not required to comply with |
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| 32 | 32 | | legislation that fails to comply with Subsection (b). |
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| 33 | 33 | | (d) For each proposed piece of legislation related to |
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| 34 | 34 | | primary and secondary education, the agency shall: |
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| 35 | 35 | | (1) determine whether this section applies to the |
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| 36 | 36 | | legislation; and |
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| 37 | 37 | | (2) provide written notice to the Legislative Budget |
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| 38 | 38 | | Board of the agency's determination under Subdivision (1) for the |
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| 39 | 39 | | board to include in the impact statement prepared under Section |
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| 40 | 40 | | 314.004, Government Code. |
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| 41 | 41 | | SECTION 2. Section 314.004, Government Code, is amended by |
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| 42 | 42 | | adding Subsection (d) to read as follows: |
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| 43 | 43 | | (d) The impact statement must include the Texas Education |
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| 44 | 44 | | Agency's state educational mandate determination provided to the |
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| 45 | 45 | | board under Section 1.007, Education Code. |
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| 46 | 46 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 47 | 47 | | last day of the legislative session. |
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