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.