H.B. No. 2369
    1-1                                AN ACT
    1-2  relating to overallocation of foundation school funds.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter G, Chapter 16, Education Code, is
    1-5  amended by adding Section 16.259 to read as follows:
    1-6        Sec. 16.259.  RECOVERY OF OVERALLOCATED FUNDS.  (a)  If a
    1-7  school district has received an overallocation of state funds, the
    1-8  Central Education Agency shall, by withholding from subsequent
    1-9  allocations of state funds or by requesting and obtaining a refund,
   1-10  recover from the district an amount equal to the overallocation.
   1-11        (b)  If a district fails to comply with a request for a
   1-12  refund under Subsection (a) of this section, the Central Education
   1-13  Agency shall certify to the comptroller that the amount constitutes
   1-14  a debt for purposes of Section 403.055, Government Code.  The
   1-15  agency shall provide to the comptroller the amount of the
   1-16  overallocation and any other information required by the
   1-17  comptroller. The comptroller may certify the amount of the debt to
   1-18  the attorney general for collection.
   1-19        (c)  Any amounts recovered under this section shall be
   1-20  deposited in the foundation school fund.
   1-21        SECTION 2.  Section 16.255(b), Education Code, is repealed.
   1-22        SECTION 3.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended,
    2-4  and that this Act take effect and be in force from and after its
    2-5  passage, and it is so enacted.