By Hernandez                                          H.B. No. 2369
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to recovery of over allocated Foundation School Funds.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 16.255, Education Code, is amended to
    1-5  read as follows:
    1-6        Sec. 16.255.  Falsification of Records; Report.  (b)  In the
    1-7  event of over allocation <overallocation> of state funds, as
    1-8  determined by the State Board of Education or the state auditor by
    1-9  reference to the director's report, the Central Education Agency,
   1-10  shall by withholding from subsequent allocations of state funds or
   1-11  by requesting a refund, recover from the district an amount, or
   1-12  amounts, equal to the over allocation <overallocation>.
   1-13        SECTION 2.  Section 16.259, Education Code, is amended to
   1-14  read as follows:
   1-15        Sec. 16.259.  RECOVERY OF OVER ALLOCATED FUNDS.  In the event
   1-16  of over allocation of state funds, as determined by the State Board
   1-17  of Education or the state auditor, the Central Education Agency,
   1-18  shall by withholding from subsequent allocations of state funds or
   1-19  by requesting a refund, recover from the district an amount, or
   1-20  amounts, equal to the over allocation.
   1-21        SECTION 3.  The importance of this legislation and the
   1-22  crowded condition of the calendars in both houses create an
   1-23  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended,
    2-3  and that this Act take effect and be in force from and after its
    2-4  passage, and it is so enacted.