79R8027 ESH-D

By:  Lucio                                                        S.B. No. 1072



A BILL TO BE ENTITLED

AN ACT

relating to a study by the Texas Education Agency of unfunded state 
educational mandates imposed on school districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 7, Education Code, is 
amended by adding Section 7.032 to read as follows:
	Sec. 7.032.  STUDY OF UNFUNDED STATE EDUCATIONAL MANDATES. 
(a) For purposes of this section:
		(1)  "State educational mandate" means a provision of a 
state statute or rule that requires:
			(A)  school district action to implement the 
provision; and         
			(B)  an expenditure by a school district that 
would not have been required in the absence of the provision.
		(2)  "Unfunded state educational mandate" means a state 
educational mandate for which the legislature has not appropriated 
funds estimated to be sufficient to meet the state's share of 
financing the expenditure.
	(b)  The agency shall conduct a study of unfunded state 
educational mandates.  The study must:
		(1)  identify existing unfunded state educational 
mandates, including any mandates created by a statute enacted by 
the 79th Legislature, Regular Session, 2005, or a rule adopted 
under such a statute; and
		(2)  estimate the cost to school districts of complying 
with each unfunded state educational mandate the agency identifies.
	(c)  Each school district shall cooperate with the agency by 
providing information relating to the district's cost of 
implementing an unfunded state educational mandate.  At the 
commissioner's request, the Legislative Budget Board, state 
auditor, comptroller, and other state officers and agencies shall 
assist the agency in conducting the study and analyzing information 
obtained from school districts.
	(d)  The agency shall:                                                  
		(1)  prepare a report containing the results of the 
study conducted under this section; and
		(2)  deliver the report to the governor, lieutenant 
governor, and each member of the legislature not later than 
December 15, 2006.
	(e)  This section expires January 15, 2007.                             
	SECTION 2.  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.