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Floor Packet Page No. 131                                                   

	
Amend CSHB 2 by adding a new Section to read as follows:                     



SECTION.                                                                    
	Sec.42.2591.CERTIFICATION OF SUFFICIENT APPROPRIATIONS 
FOR FOUNDATION SCHOOL PROGRAM.(a) Before the beginning of each 
school year, the commissioner shall certify in writing whether the 
legislature has appropriated sufficient state funds for purposes of 
the Foundation School Program for the following school year. For 
purposes of this section, an appropriation of state funds for 
purposes of the Foundation School Program is sufficient if:
		(1) the appropriated state funds constitute at least 
60 percent of the cost of the Foundation School Program; and
		(2)  the appropriated state funds, in combination with 
the local school district funds to be generated using the tax rates 
authorized by law for maintenance and operation, permit each school 
district to provide a basic program of education that is rated 
academically acceptable or higher under Section 39.072.
	(b)  The commissioner may make the certification required by 
Subsection (a) only after holding a public hearing. A school 
district may designate a person to appear at the hearing and testify 
as to the sufficiency of the appropriation for purposes of the 
Foundation School Program.
	(c)  If the commission determines that the legislature has 
appropriated sufficient state funds for purposes of the Foundation 
School Program for the following school year, any school district 
may bring an action in a district court in Travis County challenging 
that determination.
	(d)  If the commissioner determines that the legislature has 
not appropriated sufficient state funds for purposes of the 
Foundation School Program for the following school year, any school 
district may bring an action in a district court in Travis County to 
enjoin the comptroller from issuing any warrants to school 
districts for payments for the following school year until the 
legislature has appropriated sufficient state funds. An injunction 
under this subsection may not take effect until the 90th day after 
the date the court enters the injunction.
	(e)  This Section applies beginning with the 2005-2006 school 
year.