By Hochberg H.B. No. 2760
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an Education Mandate Review Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 2, Education Code, is amended by adding
1-5 section 2.14 to read as follows:
1-6 Sec. 2.14. EDUCATION MANDATE REVIEW COMMISSION
1-7 (a) CREATION. The Texas Education Mandate Review Commission
1-8 is created.
1-9 (b) DUTIES. The commission shall study the benefits,
1-10 effects, and costs, to school districts and to the state, of
1-11 state-imposed statutory and administrative requirements that apply
1-12 to school districts in Texas. After completing the study the
1-13 commission shall propose legislation to:
1-14 (1) eliminate or modify requirements that are
1-15 unbeneficial, or that produce benefits that are small relative to
1-16 their costs;
1-17 (2) specify simple procedures for the grant of waivers
1-18 from specific requirements under special circumstances; and
1-19 (3) discourage or prohibit the granting of waivers
1-20 from requirements that are cost effective and essential to
1-21 educational quality.
1-22 (c) COMPOSITION. (1) The commission is composed of 15
1-23 members, 7 of whom are appointed by the governor, four of whom are
2-1 appointed by the lieutenant governor and who may be members of the
2-2 senate, and four of whom are appointed by the speaker of the house
2-3 of representatives and who may be members of the house of
2-4 representatives. In making appointments under this section, the
2-5 governor shall attempt to ensure participation by minorities on the
2-6 commission, including females, African-Americans,
2-7 Hispanic-Americans, Native Americans, and Asian Americans. Each
2-8 member serves at the pleasure of the official by whom the member is
2-9 appointed.
2-10 (2) All members of the commission shall be generally
2-11 experienced in education matters. In addition, there shall be at
2-12 least two members of the commission who are either experienced in
2-13 each of the following categories or who are representatives of
2-14 groups whose membership is composed of persons in the following
2-15 categories:
2-16 (A) as a public school teacher;
2-17 (B) as a public school administrator;
2-18 (C) as a member of a parents' organization;
2-19 (D) as a school board member.
2-20 (3) The governor shall designate one member of the
2-21 commission as chairman of the commission, and the member serves as
2-22 chairman at the pleasure of the governor.
2-23 (d) REIMBURSEMENT. Members of the commission are not
2-24 entitled to compensation but are entitled to reimbursement for
2-25 actual and necessary expenses incurred in performing their official
3-1 duties.
3-2 (e) STAFF; CONTRACTS. The commission may employ staff as
3-3 necessary for data collection, analysis, and research and other
3-4 support services and may contract for those services with agencies
3-5 of the state or private consultants.
3-6 (f) SUBMISSION. The commission shall submit the proposed
3-7 legislation described by paragraph (b) of this section to the
3-8 governor, the commissioner of education and the Legislative
3-9 Education Board not later than June 1, 1994.
3-10 (g) EXPIRATION. The commission is abolished and this
3-11 article expires on June 1, 1995.
3-12 SECTION 2. This Act takes effect September 1, 1993.
3-13 SECTION 3. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.