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Floor Packet Page No. 190
Amend HB 2 in ARTICLE 2, PART C, of the bill by inserting the
following appropriately numbered SECTION and renumbering the
subsequent SECTIONS accordingly:
SECTION 2C. __. Chapter 4, Education Code, is amended by
adding Section 4.003 to read as follows:
Sec. 4.003. COMPLIANCE WITH CERTAIN UNFUNDED STATE MANDATES
NOT REQUIRED. (a) For purposes of this section:
(1) "HB 2 mandate" means a provision of a state statute
amended or added by HB 2, Acts of the 79th Legislature, First Called
Session, 2005, or rule adopted under a statute amended or added by
HB 2, Acts of the 79th Legislature, First Called Session, 2005, that
requires:
(A) school district action to implement the
provisions; and
(B) an expenditure by a school district that
would not have been required in the absence of the provision.
(2) "Unfunded HB 2 mandate" means an HB 2 mandate for
which the legislature has not appropriated funds estimated to be
sufficient to meet the state's share of financing the expenditure.
(b) The Legislative Budget Board shall conduct a study of HB
2 mandates. The study shall identify each HB 2 mandate and each
unfunded HB 2 mandate.
(c) Each school district shall cooperate with the board by
providing information relating to the district's cost of
implementing an HB 2 mandate. At the board's request, the agency,
state auditor, comptroller, and other state officers and agencies
shall assist the board in conducting the study and analyzing
information obtained from school districts.
(d) Not later than November 1, 2005, the board shall:
(1) prepare a certified list of each unfunded HB 2
mandate; and
(2) deliver the certified list to the secretary of
state for publication in the Texas Register.
(e) A school district is not required to comply with an
unfunded HB 2 mandate that appears on the certified list published
under Subsection (d).