By Duncan H.B. No. 2250
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to unfunded mandates imposed on school districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 21, Education Code, is amended by adding
1-5 Subchapter Y to read as follows:
1-6 SUBCHAPTER Y. STATE EDUCATIONAL MANDATES
1-7 Sec. 21.851. Definitions. In this subchapter:
1-8 (1) "Basic allotment" means the basic allotment as
1-9 determined under Section 16.101, Education Code, plus amounts
1-10 appropriated for applicable adjustments to the basic allotment, if
1-11 any.
1-12 (2) "State educational mandate" means a statutory provision
1-13 requiring the expenditure or diversion of school district funds
1-14 that would not have been required in the absence of the statutory
1-15 provision. A provision of federal law or of the state constitution
1-16 requiring the expenditure or diversion of school district funds is
1-17 not a state educational mandate.
1-18 (3) "Student" means student in average daily attendance as
1-19 defined by Chapter 16, Education Code.
1-20 Sec. 21.852. (a) On or before the 60th day following a
1-21 regular or special session of the legislature, the comptroller of
1-22 public accounts, with assistance from the commissioner of
1-23 education, shall determine whether a state educational mandate
2-1 enacted in that session has been funded using the procedure
2-2 described in this section.
2-3 (b) The comptroller shall subtract from the basic allotment
2-4 the estimated savings per student due to the repeal or
2-5 modification, during that session, of prior state educational
2-6 mandates.
2-7 (c) The comptroller shall add to the amount determined in
2-8 accordance with the provisions of Subdivision (b) of this section
2-9 the cost per student of state educational mandates enacted in that
2-10 session. The comptroller shall exclude from consideration any
2-11 state educational mandates enacted by a vote of at least two-thirds
2-12 of the members elected to each house.
2-13 (d) If the amount of funds per student appropriated by the
2-14 legislature for the basic allotment is greater than or equal to the
2-15 amount determined by Subdivision (c) of this section, then all such
2-16 state educational mandates enacted during the legislative session
2-17 shall have the force of law.
2-18 (e) If the amount of funds per student appropriated by the
2-19 legislature for the basic allotment is less than the amount
2-20 determined by Subdivision (c) of this section, the comptroller
2-21 shall determine which, if any, state educational mandates have the
2-22 force of law. The comptroller shall add to the amount determined
2-23 by Subdivision (b) of this section the cost per student of each
2-24 state educational mandate, in chronological order of its enactment,
2-25 until the amount appropriated per student for the basic allotment
3-1 is reached. A school district is not required to comply with a
3-2 state educational mandate enacted after the level of legislative
3-3 appropriation for the basic allotment has been reached. Such state
3-4 educational mandates shall be deemed advisory and do not have the
3-5 force of law.
3-6 (f) The comptroller shall publish in the Texas Register on
3-7 or before the 60th day following a regular or special session of
3-8 the legislature the following:
3-9 (1) a listing of state educational mandates enacted in
3-10 that session which are funded and have the force of law; and
3-11 (2) a listing a state educational mandates enacted in
3-12 that session which are not funded and do not have the force of law.
3-13 (g) On or before March 1, 1994, the comptroller of public
3-14 accounts, with the assistance of the commissioner of education,
3-15 shall prepare a list of state educational mandates enacted prior to
3-16 and in effect on December 31, 1993.
3-17 Sec. 21.853. This subchapter is effective December 31, 1993.
3-18 SECTION 2. Chapter 314, Government Code, is amended by
3-19 adding Section 314.005 to read as follows:
3-20 Sec. 314.005. State Educational Mandate Cost Estimate
3-21 (a) In this section:
3-22 (1) "State educational mandate" means a statutory
3-23 provision requiring the expenditure or diversion of school district
3-24 funds that would not have been required in the absence of the
3-25 statutory provision. A provision or federal law or of the state
4-1 constitution requiring the expenditure or diversion of school
4-2 district funds is not a state educational mandate.
4-3 "Student" means student in average daily attendance as
4-4 defined by Chapter 16, Education Code.
4-5 (b) The Legislative Budget Board, with assistance from the
4-6 Legislative Education Board and the commissioner of education,
4-7 shall compute the annual cost to school districts of each state
4-8 educational mandate contained in each bill or resolution which
4-9 requires the expenditure or diversion of school district funds.
4-10 The cost shall be computed:
4-11 (1) for all school districts in the state; and
4-12 (2) for each student.
4-13 (c) If a bill or resolution requires the expenditure or
4-14 diversion of school districts funds, a statement of the annual cost
4-15 for each of the succeeding five years shall be attached to the bill
4-16 or resolution before a committee hearing on the bill or resolution
4-17 may be conducted.
4-18 (d) This section is effective December 31, 1993.
4-19 SECTION 3. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended,
4-24 and that this Act take effect and be in force from and after its
4-25 passage, and it is so enacted.