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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill No. 3646 (public school finance and programs) to |
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consider and take action on the following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either version |
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of the bill by adding the following new SECTION to the bill: |
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SECTION 22. Section 29.190, Education Code, is amended |
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by amending Subsections (a) and (c) and adding Subsection (e) to |
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read as follows: |
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(a) A student is entitled to a subsidy under this section |
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if: |
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(1) the student: |
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(A) [(1)] successfully completes the career |
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and technology program of a school district in which the student |
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receives training and instruction for employment in a current or |
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emerging high-demand, high-wage, high-skill [certain trade or] |
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occupation, as determined under Subsection (e); or |
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(B) is enrolled in a special education program |
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under Subchapter A; |
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(2) the student passes a certification examination |
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to qualify for a license or certificate for the [trade or] |
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occupation; and |
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(3) the student submits to the district a written |
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application in the form, time, and manner required by the |
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district for the district to subsidize the cost of an examination |
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described by Subdivision (2) [demonstrates financial need]. |
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(c) On approval by the commissioner, the agency shall pay |
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each school district [eligible student] an amount equal to the |
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cost paid by the district or student for the certification |
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examination. To obtain reimbursement for a subsidy paid under |
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this section, a district [student] must: |
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(1) pay the fee for the examination or pay the |
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student the amount of the fee paid by the student for the |
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examination; and |
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(2) submit to the commissioner a written |
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application on a form prescribed by the commissioner stating |
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[demonstrating financial need and] the amount of the fee paid |
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under Subdivision (1) [by the student] for the certification |
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examination. |
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(e) The commissioner, in collaboration with the |
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commissioner of higher education and the Texas Workforce |
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Commission, shall determine as necessary the occupations that |
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qualify for purposes of this section. |
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EXPLANATION: This addition is necessary to provide |
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reimbursement to school districts for subsidies provided by |
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districts to students who pass certification examinations for |
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certain occupations. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either version |
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of the bill by adding the following new SECTION to the bill: |
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SECTION 90. (a) Section 5, Chapter 259 (H.B. 323), Acts |
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of the 80th Legislature, Regular Session, 2007, is repealed. |
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(b) Section 547.701(e), Transportation Code, as added by |
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Chapter 259 (H.B. 323), Acts of the 80th Legislature, Regular |
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Session, 2007, takes effect September 1, 2009. |
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(c) Section 547.701, Transportation Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) A school district is required to comply with |
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Subsection (e) only to the extent that the Texas Education Agency |
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pays or commits to pay the district for expenses incurred in |
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complying with that subsection. The Texas Education Agency may |
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make grants of appropriated money for the purpose of paying |
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school districts under this subsection. |
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EXPLANATION: This addition is necessary to address the |
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applicability of requirements regarding seat belts on a school |
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bus and the provision of funding to meet those requirements. |
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(3) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either version |
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of the bill by adding the following new SECTION to the bill: |
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SECTION 96. (a) The commissioner of education shall |
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determine the percentage of entitlement in the foundation school |
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program or other program that represents the use of education |
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stabilization funds received under the American Recovery and |
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Reinvestment Act of 2009 (Pub. L. No. 111-5). In order to receive |
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that percentage of total funds available to a school district or |
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open-enrollment charter school under the foundation school |
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program or other program, a district or school may be required to |
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apply to the commissioner using an application developed by the |
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commissioner. The commissioner may require an applicant to make |
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assurances as to the use and monitoring of funds applied for or |
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other requirements, consistent with the American Recovery and |
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Reinvestment Act of 2009 (Pub. L. No. 111-5). |
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(b) If any of the funds received by the state under the |
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American Recovery and Reinvestment Act of 2009 (Pub. L. No. |
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111-5) that were appropriated for the purpose of funding the |
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foundation school program or other program are determined to be |
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unavailable temporarily or permanently for that purpose, the |
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commissioner shall reduce the total amount of funds to which a |
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district or school is entitled under Chapters 41 and 42, |
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Education Code, or other programs proportional to the percentage |
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determined under Subsection (a) of this section. A reduction in |
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funding under this subsection does not increase the entitlement |
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of a district or school in any subsequent year. |
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(c) This section applies to funding provided under |
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Chapters 41 and 42, Education Code, as amended by this Act, for |
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the 2009-2010 and 2010-2011 school years. A decision by the |
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commissioner under this section is final and may not be appealed. |
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EXPLANATION: This addition is necessary to provide for |
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compliance with any requirements associated with the use of funds |
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received by the state under the American Recovery and |
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Reinvestment Act of 2009 (Pub. L. No. 111-5) and to permit the |
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commissioner of education to make funding modifications if |
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necessary as a result of federal determinations regarding use of |
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those funds. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on June 1, 2009. |
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_______________________________ |
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Secretary of the Senate |