79R1504 ESH-D
By: Escobar H.B. No. 446
A BILL TO BE ENTITLED
AN ACT
relating to the sufficiency of appropriations for the Foundation
School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2591 to read as follows:
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
50 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
estimated under Section 42.254(a)(1), 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 commissioner 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 under Section 42.259 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.
SECTION 2. Section 42.2591, Education Code, as added by
this Act, applies beginning with the 2005-2006 school year. If this
Act does not receive the vote necessary for immediate effect, the
commissioner of education shall make the certification required by
Section 42.2591, Education Code, as added by this Act, for the
2005-2006 school year not later than October 1, 2005.
SECTION 3. 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.