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A BILL TO BE ENTITLED
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AN ACT
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relating to modifications, adjustments, and reimbursements under |
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the public school finance system and contract delegation authority |
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for a school district located in a disaster area. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 41, Education Code, is |
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amended by adding Section 41.0931 to read as follows: |
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Sec. 41.0931. DISASTER REMEDIATION COSTS. (a) This |
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section applies only to a district all or part of which is located |
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in an area declared a disaster area by the governor under Chapter |
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418, Government Code, and that incurs disaster remediation costs as |
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a result of the disaster. |
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(b) Subject to Subsection (c), for the two-year period |
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following the date of the governor's initial proclamation or |
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executive order declaring a state of disaster, the total amount |
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required to be paid by a district for attendance credits under |
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Section 41.093 is reduced by the amount of any disaster remediation |
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costs that the district pays during that period and does not |
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anticipate recovering through insurance proceeds, federal disaster |
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relief payments, or another similar source of reimbursement. |
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(b-1) For purposes of determining the reduction under this |
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section to which a district is entitled for the 2009-2010 school |
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year, disaster remediation costs paid by the district after |
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September 1, 2008, are included if the costs meet all other |
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requirements imposed by this section. This subsection expires |
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September 1, 2010. |
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(c) To receive a reduction under this section, a district |
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must provide the commissioner with acceptable documentation of |
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disaster remediation costs paid by the district. |
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(d) The commissioner shall adopt rules necessary to |
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implement this section, including rules defining "disaster |
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remediation costs" for purposes of this section and specifying the |
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type of documentation required under Subsection (c). |
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(e) Notwithstanding any other provision of this section, |
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the commissioner may permit a district to use funds available to the |
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district as a result of a reduction under this section to pay the |
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costs of replacing a facility instead of repairing the facility. |
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The commissioner shall ensure that a district that elects to |
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replace a facility does not receive a reduction that exceeds the |
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lesser of: |
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(1) the amount that would be available to the district |
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if the facility were repaired; or |
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(2) the amount necessary to replace the facility. |
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SECTION 2. Subchapter A, Chapter 42, Education Code, is |
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amended by adding Section 42.0051 to read as follows: |
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Sec. 42.0051. AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN |
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DISASTER AREA. (a) The commissioner shall adjust the average |
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daily attendance of a school district all or part of which is |
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located in an area declared a disaster area by the governor under |
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Chapter 418, Government Code, if the district experiences a decline |
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in average daily attendance that is reasonably attributable to the |
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impact of the disaster. |
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(b) The adjustment must be sufficient to ensure that the |
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district receives funding comparable to the funding that the |
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district would have received if the decline in average daily |
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attendance reasonably attributable to the impact of the disaster |
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had not occurred. |
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(c) The commissioner shall make the adjustment required by |
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this section for the two-year period following the date of the |
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governor's initial proclamation or executive order declaring the |
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state of disaster. |
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(d) Section 42.005(b)(2) does not apply to a district that |
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receives an adjustment under this section. |
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(e) A district that receives an adjustment under this |
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section may not receive any additional adjustment under Section |
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42.005(d) for the decline in average daily attendance on which the |
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adjustment under this section is based. |
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(f) For purposes of this title, a district's adjusted |
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average daily attendance under this section is considered to be the |
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district's average daily attendance as determined under Section |
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42.005. |
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SECTION 3. Subchapter E, Chapter 42, Education Code, is |
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amended by adding Sections 42.2523 and 42.2524 to read as follows: |
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Sec. 42.2523. ADJUSTMENT FOR PROPERTY VALUE AFFECTED BY |
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STATE OF DISASTER. (a) For purposes of Chapters 41 and 46 and this |
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chapter, the commissioner shall adjust the taxable value of |
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property of a school district all or part of which is located in an |
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area declared a disaster area by the governor under Chapter 418, |
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Government Code, as necessary to ensure that the district receives |
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funding based as soon as possible on property values as affected by |
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the disaster. |
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(b) Any additional funding to which a school district is |
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entitled as a result of the adjustment required by this section is |
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in addition to the amount of funding to which the district is |
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entitled under Section 42.2516(b). |
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(c) A decision of the commissioner under this section is |
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final and may not be appealed. |
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Sec. 42.2524. REIMBURSEMENT FOR DISASTER REMEDIATION |
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COSTS. (a) This section applies only to a school district all or |
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part of which is located in an area declared a disaster area by the |
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governor under Chapter 418, Government Code, and that incurs |
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disaster remediation costs as a result of the disaster. |
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(b) During the two-year period following the date of the |
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governor's initial proclamation or executive order declaring a |
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state of disaster, a district may apply to the commissioner for |
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reimbursement of disaster remediation costs that the district pays |
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during that period and does not anticipate recovering through |
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insurance proceeds, federal disaster relief payments, or another |
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similar source of reimbursement. |
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(b-1) A district may seek reimbursement of disaster |
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remediation costs paid by the district on or after September 1, |
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2008. This subsection expires September 1, 2011. |
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(c) The commissioner may provide reimbursement under this |
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section only if the commissioner determines that the amount |
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appropriated for the Foundation School Program, including the |
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facilities component as provided by Chapter 46, exceeds the amount |
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to which districts are entitled under this chapter and Chapter 46. |
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(d) A district seeking reimbursement under this section |
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must provide the commissioner with adequate documentation of the |
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costs for which the district seeks reimbursement. |
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(e) If the amount of money available for purposes of this |
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section is not sufficient to reimburse each district's disaster |
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remediation costs, the commissioner shall give priority to |
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reimbursing costs incurred by districts that do not purchase |
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attendance credits under Section 41.093. |
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(f) A district may not obtain reimbursement under this |
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section for the payment of any disaster remediation costs that |
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resulted in a reduction under Section 41.0931 of the district's |
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cost of attendance credits. |
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(g) Amounts provided to a district under this section are in |
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addition to the amount to which the district is entitled under |
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Section 42.2516. |
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(h) The commissioner shall adopt rules necessary to |
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implement this section, including rules defining "disaster |
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remediation costs" for purposes of this section and specifying the |
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type of documentation required under Subsection (d). |
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(i) Notwithstanding any other provision of this section, |
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the commissioner may permit a district to use amounts provided to a |
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district under this section to pay the costs of replacing a facility |
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instead of repairing the facility. The commissioner shall ensure |
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that a district that elects to replace a facility does not receive |
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an amount under this section that exceeds the lesser of: |
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(1) the amount that would be provided to the district |
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if the facility were repaired; or |
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(2) the amount necessary to replace the facility. |
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(j) This section does not require the commissioner to |
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provide any requested reimbursement. A decision of the |
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commissioner regarding reimbursement is final and may not be |
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appealed. |
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SECTION 4. Section 44.0312, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Notwithstanding any other provision of this code, in the |
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event of a catastrophe, emergency, or natural disaster affecting a |
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school district, the board of trustees of the district may delegate |
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to the superintendent or designated person the authority to |
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contract for the replacement, construction, or repair of school |
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equipment or facilities under this subchapter if emergency |
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replacement, construction, or repair is necessary for the health |
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and safety of district students and staff. |
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SECTION 5. This Act takes effect September 1, 2009. |
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