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 Section 16.255(b), Education Code, is repealed. 1-41 SECTION 3.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 1-68 -------------------------------------------------------------------