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A BILL TO BE ENTITLED
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AN ACT
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relating to state educational mandates imposed on school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 7, Education Code, is |
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amended by adding Section 7.007 to read as follows: |
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Sec. 7.007. STATE EDUCATIONAL MANDATES. (a) In this |
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section, "state educational mandate" means a provision of a state |
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statute or rule that requires: |
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(1) school district action to implement the provision; |
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and |
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(2) an expenditure by a district that would not have |
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been required in the absence of the provision. |
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(b) The commissioner by rule shall establish a procedure |
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under which a school district or group of districts may request a |
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hearing with the agency to challenge a projected cost of a state |
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educational mandate. A district or group of districts may request a |
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hearing under this subsection only after a statute or rule becomes |
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effective. |
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(c) If the agency determines at the conclusion of the |
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hearing that the legislature has not appropriated sufficient funds |
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that are necessary to cover school districts' costs in complying |
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with a state educational mandate, a district is not required to |
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comply with the mandate until the legislature appropriates |
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sufficient funds to cover the costs of complying with the mandate. |
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(d) A school district may appeal a determination by the |
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agency under this section under the procedures provided for a |
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contested case under Chapter 2001, Government Code. |
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(e) The commissioner shall adopt rules necessary to |
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administer this section. |
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SECTION 2. Section 7.007, Education Code, as added by this |
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Act, applies only to a statute or rule that becomes effective on or |
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after the effective date of this Act. A statute or rule that becomes |
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effective before the effective date of this Act is governed by the |
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law in effect at the time the statute or rule became effective, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |