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.