By Culberson H.B. No. 2982 76R1543 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to procedures for determining if legislation relating to 1-3 public education subjects the state or a local entity to federal 1-4 control. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 7, Education Code, is 1-7 amended by adding Section 7.025 to read as follows: 1-8 Sec. 7.025. FEDERAL INTRUSION ANALYSIS OF STATE LEGISLATION. 1-9 (a) The agency shall prepare a federal intrusion analysis for each 1-10 bill introduced in a session of the Texas Legislature that relates 1-11 to primary and secondary public education and that: 1-12 (1) involves acceptance of federal funds; and 1-13 (2) would result in: 1-14 (A) subjecting the agency or another state 1-15 agency or state or local officer or public employee with duties 1-16 relating to public education to the authority of a federal agency, 1-17 officer, or employee; or 1-18 (B) authorizing a federal agency, officer, or 1-19 employee to adopt rules or issue directives or guidelines that 1-20 would preempt, supersede, or otherwise control a state statute or 1-21 state or local rule or policy relating to public education. 1-22 (b) The agency shall prepare the analysis in an objective 1-23 format that lists, if appropriate: 1-24 (1) the state agency and agency division that would be 2-1 subjected to federal control; 2-2 (2) the local officer or public employee who would be 2-3 subjected to federal control and a description of that person's 2-4 duties under the bill; 2-5 (3) the federal agency, officer, or employee 2-6 authorized to exert federal control; 2-7 (4) the federal statute, rule, directive, or guideline 2-8 that would preempt, supersede, or otherwise control a state statute 2-9 or state or local rule or policy; 2-10 (5) the state statute, rule, or policy that would be 2-11 affected by federal control; and 2-12 (6) to the extent the agency is able to determine, the 2-13 local rule or policy that would be affected by federal control. 2-14 (c) If an analysis is required by this section, the agency 2-15 shall forward a copy of the analysis to the presiding officer of 2-16 each house and each committee to which the bill is referred. A 2-17 copy must remain with the bill throughout the legislative process, 2-18 including submission to the governor. 2-19 (d) A bill with an analysis prepared under this section: 2-20 (1) is not eligible to be laid before the house unless 2-21 the bill received the favorable votes of two-thirds of the members 2-22 of the committee to which it was referred; and 2-23 (2) is not considered finally passed unless the bill 2-24 received the favorable votes of two-thirds of all members of the 2-25 senate and two-thirds of all members of the house of 2-26 representatives. 2-27 SECTION 2. This Act takes effect September 1, 1999. 3-1 SECTION 3. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended.