By:  Duncan                                           H.J.R. No. 45
       73R3908 CAE-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment allowing a school district an
    1-2  exemption from the obligation to comply with an unfunded state
    1-3  educational mandate.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article VII of the Texas Constitution is amended
    1-6  by adding Section 3-c to read as follows:
    1-7        Sec. 3-c.  (a)  The commissioner of education or another
    1-8  officer as specified by law shall exempt a school district, on
    1-9  application by the school district, from a state educational
   1-10  mandate for which the legislature has not appropriated funds
   1-11  estimated to be sufficient to meet the expenditure required by the
   1-12  mandate at the time the mandate is effective unless the legislature
   1-13  has determined that the mandate fulfills an important state
   1-14  interest and:
   1-15              (1)  the mandate passed by a two-thirds vote in each
   1-16  house of the legislature;
   1-17              (2)  the expenditure is required to comply with a law
   1-18  that applies to all persons similarly situated, including entities
   1-19  other than a school district; or
   1-20              (3)  the mandate is necessary either to comply with
   1-21  federal law or to meet eligibility standards for a federal
   1-22  entitlement, and the federal law specifically contemplates action
   1-23  by a district for compliance or eligibility.
   1-24        (b)  In this section, "state educational mandate" means a
    2-1  statutory provision the implementation of which requires an
    2-2  expenditure by a school district that would not have been required
    2-3  in the absence of the statutory provision and rules adopted under
    2-4  that provision.
    2-5        SECTION 2.  This proposed constitutional amendment shall be
    2-6  submitted to the voters at an election to be held November 2, 1993.
    2-7  The ballot shall be printed to provide for voting for or against
    2-8  the proposition:  "The constitutional amendment allowing a school
    2-9  district an exemption from the obligation to comply with an
   2-10  unfunded state educational mandate."