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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting a school district from the obligation to |
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comply with certain unfunded state educational mandates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 11, Education Code, is |
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amended by adding Section 11.004 to read as follows: |
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Sec. 11.004. EXEMPTION FROM CERTAIN STATE EDUCATIONAL |
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MANDATES. (a) In this section, "state educational mandate" means a |
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statutory provision the implementation of which requires an |
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expenditure by a school district that would not have been required |
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in the absence of the statutory provision or a rule adopted under |
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that provision. |
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(b) A school district is exempt from a state educational |
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mandate for which the legislature has not appropriated money |
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estimated to be sufficient to meet the expenditure required by the |
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mandate at the time the mandate is effective unless the legislature |
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has determined that the mandate fulfills an important state |
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interest and: |
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(1) the expenditure is required to comply with a law |
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that applies to all persons similarly situated, including entities |
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other than a school district; or |
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(2) the mandate is necessary either to comply with |
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federal law or to meet eligibility standards for a federal |
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entitlement, and the federal law specifically contemplates action |
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by a district for compliance or eligibility. |
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SECTION 2. 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, 2011. |