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79R4550 PAM-D

By:  Flores                                                       H.B. No. 1548



A BILL TO BE ENTITLED

AN ACT

relating to state funding for school districts for transportation 
of students who would be subject to hazardous traffic conditions 
while walking.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 42.155(d), Education Code, is amended to 
read as follows:
	(d)  A district or county may apply for and on approval of the 
commissioner receive an [additional] amount in addition to [of up 
to 10 percent of] its regular transportation allotment to be used 
for the transportation of children living within two miles of the 
school they attend who would be subject to hazardous traffic 
conditions if they walked to school.  The commissioner shall 
determine the amount of the additional allotment received under 
this subsection.  Each board of trustees shall adopt a policy that 
defines [provide to the commissioner the definition of] hazardous 
traffic conditions applicable to that district and identifies
[shall identify] the specific hazardous traffic areas for which the 
allocation is requested.  A hazardous traffic condition includes a 
condition [exists] where no sidewalk or walkway is provided and 
children must walk along or cross a freeway or expressway, an 
underpass, an overpass or a bridge, an uncontrolled major traffic 
artery, an industrial or commercial area, or another comparable 
condition.  Each board of trustees shall provide a copy of the 
policy adopted under this subsection to the commissioner and 
annually update or confirm that policy, as provided by the 
commissioner, to maintain eligibility for an additional allotment 
under this subsection.  A determination by the commissioner under 
this subsection is final and may not be appealed.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	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.