1-1  By:  Hernandez (Senate Sponsor - Luna)                H.B. No. 2369
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on
    1-4  Education; May 20, 1993, reported favorably by the following vote:
    1-5  Yeas 9, Nays 0; May 20, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Ratliff            x                               
    1-9        Haley              x                               
   1-10        Barrientos         x                               
   1-11        Bivins             x                               
   1-12        Harris of Tarrant  x                               
   1-13        Luna               x                               
   1-14        Montford                                      x    
   1-15        Shapiro            x                               
   1-16        Sibley             x                               
   1-17        Turner                                        x    
   1-18        Zaffirini          x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to overallocation of foundation school funds.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Subchapter G, Chapter 16, Education Code, is
   1-24  amended by adding Section 16.259 to read as follows:
   1-25        Sec. 16.259.  RECOVERY OF OVERALLOCATED FUNDS.  (a)  If a
   1-26  school district has received an overallocation of state funds, the
   1-27  Central Education Agency shall, by withholding from subsequent
   1-28  allocations of state funds or by requesting and obtaining a refund,
   1-29  recover from the district an amount equal to the overallocation.
   1-30        (b)  If a district fails to comply with a request for a
   1-31  refund under Subsection (a) of this section, the Central Education
   1-32  Agency shall certify to the comptroller that the amount constitutes
   1-33  a debt for purposes of Section 403.055, Government Code.  The
   1-34  agency shall provide to the comptroller the amount of the
   1-35  overallocation and any other information required by the
   1-36  comptroller. The comptroller may certify the amount of the debt to
   1-37  the attorney general for collection.
   1-38        (c)  Any amounts recovered under this section shall be
   1-39  deposited in the foundation school fund.
   1-40        SECTION 2.  Section 16.255(b), Education Code, is repealed.
   1-41        SECTION 3.  The importance of this legislation and the
   1-42  crowded condition of the calendars in both houses create an
   1-43  emergency and an imperative public necessity that the
   1-44  constitutional rule requiring bills to be read on three several
   1-45  days in each house be suspended, and this rule is hereby suspended,
   1-46  and that this Act take effect and be in force from and after its
   1-47  passage, and it is so enacted.
   1-48                               * * * * *
   1-49                                                         Austin,
   1-50  Texas
   1-51                                                         May 20, 1993
   1-52  Hon. Bob Bullock
   1-53  President of the Senate
   1-54  Sir:
   1-55  We, your Committee on Education to which was referred H.B.
   1-56  No. 2369, have had the same under consideration, and I am
   1-57  instructed to report it back to the Senate with the recommendation
   1-58  that it do pass and be printed.
   1-59                                                         Ratliff,
   1-60  Chairman
   1-61                               * * * * *
   1-62                               WITNESSES
   1-63                                                  FOR   AGAINST  ON
   1-64  ___________________________________________________________________
   1-65  Name:  Debbi Bailey                                            x
   1-66  Representing:  Tx Comptroller's Office
   1-67  City:  Austin
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