Amend HB 4102 (Senate committee report) by adding the 
following appropriately numbered SECTIONS and renumbering 
subsequent SECTIONS of the bill accordingly:
	SECTION ____.  Subchapter A, Chapter 42, Education Code, is 
amended by adding Section 42.0051 to read as follows:
	Sec. 42.0051.  AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN 
DISASTER AREA.  (a)  The commissioner shall adjust the average 
daily attendance of a school district all or part of which is 
located in an area declared a disaster area by the governor under 
Chapter 418, Government Code, if the district experiences a decline 
in average daily attendance that is reasonably attributable to the 
impact of the disaster.
	(b)  The adjustment must be sufficient to ensure that the 
district receives funding comparable to the funding that the 
district would have received if the decline in average daily 
attendance reasonably attributable to the impact of the disaster 
had not occurred.
	(c)  The commissioner shall make the adjustment required by 
this section for the two-year period following the date of the 
governor's initial proclamation or executive order declaring the 
state of disaster.
	(d)  Section 42.005(b)(2) does not apply to a district that 
receives an adjustment under this section.
	(e)  A district that receives an adjustment under this 
section may not receive any additional adjustment under Section 
42.005(d) for the decline in average daily attendance on which the 
adjustment under this section is based.
	(f)  For purposes of this title, a district's adjusted 
average daily attendance under this section is considered to be the 
district's average daily attendance as determined under Section 
42.005.
	SECTION ____.  Subchapter E, Chapter 42, Education Code, is 
amended by adding Sections 42.2523 and 42.2524 to read as follows:
	Sec. 42.2523.  ADJUSTMENT FOR PROPERTY VALUE AFFECTED BY 
STATE OF DISASTER.  (a)  For purposes of Chapters 41 and 46 and this 
chapter, the commissioner shall adjust the taxable value of 
property of a school district all or part of which is located in an 
area declared a disaster area by the governor under Chapter 418, 
Government Code, as necessary to ensure that the district receives 
funding based as soon as possible on property values as affected by 
the disaster.
	(b)  Any additional funding to which a school district is 
entitled as a result of the adjustment required by this section is 
in addition to the amount of funding to which the district is 
entitled under Section 42.2516(b).
	(c)  A decision of the commissioner under this section is 
final and may not be appealed.
	Sec. 42.2524.  REIMBURSEMENT FOR DISASTER REMEDIATION 
COSTS.  (a)  This section applies only to a school district all or 
part of which is located in an area declared a disaster area by the 
governor under Chapter 418, Government Code, and that incurs 
disaster remediation costs as a result of the disaster.
	(b)  During the two-year period following the date of the 
governor's initial proclamation or executive order declaring a 
state of disaster, a district may apply to the commissioner for 
reimbursement of disaster remediation costs that the district pays 
during that period and does not anticipate recovering through 
insurance proceeds, federal disaster relief payments, or another 
similar source of reimbursement.
	(b-1)  A district may seek reimbursement of disaster 
remediation costs paid by the district on or after September 1, 
2008.  This subsection expires September 1, 2011.
	(c)  The commissioner may provide reimbursement under this 
section only if:
		(1)  funds are specifically appropriated for purposes 
of this section; or
		(2)  Foundation School Program funds are available for 
purposes of this section, based on a determination by the 
commissioner that the amount appropriated for the Foundation School 
Program, including the facilities component as provided by Chapter 
46, exceeds the amount to which districts are entitled under this 
chapter and Chapter 46.
	(d)  A district seeking reimbursement under this section 
must provide the commissioner with adequate documentation of the 
costs for which the district seeks reimbursement.
	(e)  If the amount of money available for purposes of this 
section is not sufficient to fully reimburse each district's 
disaster remediation costs, the commissioner shall reduce the 
amount of assistance provided under this section to each district 
proportionately.
	(f)  Notwithstanding any other provision of law, a district 
that is required to purchase attendance credits under Chapter 41 is 
eligible to receive assistance under this section in the same 
manner as any other district.  A district may, at its discretion, 
receive assistance either as a payment of state aid under this 
chapter or as a reduction in the total amount required to be paid by 
the district for attendance credits under Section 41.093.
	(g)  Amounts provided to a district under this section are in 
addition to the amount to which the district is entitled under 
Section 42.2516.
	(h)  The commissioner shall adopt rules necessary to 
implement this section, including rules defining "disaster 
remediation costs" for purposes of this section and specifying the 
type of documentation required under Subsection (d).
	(i)  Notwithstanding any other provision of this section, 
the commissioner may permit a district to use amounts provided to a 
district under this section to pay the costs of replacing a facility 
instead of repairing the facility.  The commissioner shall ensure 
that a district that elects to replace a facility does not receive 
an amount under this section that exceeds the lesser of:
		(1)  the amount that would be provided to the district 
if the facility were repaired; or
		(2)  the amount necessary to replace the facility.                     
	(j)  This section does not require the commissioner to 
provide any requested reimbursement.  A decision of the 
commissioner regarding reimbursement is final and may not be 
appealed.
	SECTION ____.  Section 44.0312, Education Code, is amended 
by adding Subsection (c) to read as follows:
	(c)  Notwithstanding any other provision of this code, in the 
event of a catastrophe, emergency, or natural disaster affecting a 
school district, the board of trustees of the district may delegate 
to the superintendent or designated person the authority to 
contract for the replacement, construction, or repair of school 
equipment or facilities under this subchapter if emergency 
replacement, construction, or repair is necessary for the health 
and safety of district students and staff.
	SECTION ____.  This Act does not make an appropriation.  
Sections 42.0051, 42.2523, and 42.2524 of the Education Code take 
effect only if a specific appropriation for the implementation of 
those sections is provided in a general appropriations act of the 
81st Legislature.