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 Section 16.255(b), Education Code, is repealed.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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