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.