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BILL ANALYSIS

 

 

                                                                                                                                             H.B. 515

                                                                                                                                        By: Madden

                                                                                                                                 Public Education

                                                                                                       Committee Report (Unamended)

 

 

BACKGROUND AND PURPOSE

 

Under current law, the Commissioner of Education mandates requirements for the space allotted for public school facilities without legislative approval.  These requirements strain the system by forcing schools to comply with space mandates without giving them the appropriate state funding to do so.  By removing these requirements, public schools will be able to save money which can be used for more pressing matters, such as classroom instruction.  HB 515 removes the authority to impose space requirements from the law and entrusts that proper space will be allotted for facilities without TEA regulations.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

HB 515 sets forth that the standards for adequacy of school facilities may not include requirements related to space or square footage for any part of a facility.  The bill strikes language as to construction after September 1, 1998 and standards related to space.

 

EFFECTIVE DATE

 

A public school facility whose construction begins on or after the effective date of this Act is not required to meet the requirements related to space as established by the commissioner of education, Section 46.008, as that provision existed before amendment of this Act. 

 

This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.