By Madden H.B. No. 906
74R2427 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for overreporting attendance under the
1-3 foundation school program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.259, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 16.259. Recovery of Overallocated Funds. (a) If a
1-8 school district has received an overallocation of state funds, the
1-9 Central Education Agency shall, by withholding from subsequent
1-10 allocations of state funds or by requesting and obtaining a refund,
1-11 recover from the district an amount equal to the overallocation.
1-12 (b) If the overallocation occurred because the school
1-13 district knowingly reported attendance figures greater than the
1-14 district's actual attendance, the Central Education Agency shall
1-15 recover from the district an amount equal to two times the
1-16 overallocation.
1-17 (c) If a district fails to comply with a request for a
1-18 refund under <Subsection (a) of> this section, the Central
1-19 Education Agency shall certify to the comptroller that the amount
1-20 constitutes a debt for purposes of Section 403.055, Government
1-21 Code. The agency shall provide to the comptroller the amount of
1-22 the overallocation and any other information required by the
1-23 comptroller. The comptroller may certify the amount of the debt to
1-24 the attorney general for collection.
2-1 (d) <(c)> Any amounts recovered under this section shall be
2-2 deposited in the foundation school fund.
2-3 SECTION 2. Section 16.259, Education Code, as amended by
2-4 this Act, applies to the reporting of attendance beginning with the
2-5 1995-1996 school year.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.