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Floor Packet Page No. 97
Amend CSHB 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) "CSHB 2 mandate" means a provision of a state
statute amended or added by CSHB 2, Acts of the 79th Legislature,
Second Called Session, 2005, or rule adopted under a statute
amended or added by CSHB 2, Acts of the 79th Legislature, Second
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 CSHB 2 mandate" means an CSHB 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
CSHB 2 mandates. The study shall identify each CSHB 2 mandate and
each unfunded CSHB 2 mandate.
(c) Each school district shall cooperate with the board by
providing information relating to the district's cost of
implementing an CSHB 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 CSHB 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 CSHB 2 mandate that appears on the certified list
published under Subsection (d).