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.