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.