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A JOINT RESOLUTION
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proposing a constitutional amendment releasing a school district |
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from the obligation to comply with an unfunded state educational |
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mandate. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article VII, Texas Constitution, is amended by |
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adding Section 3-c to read as follows: |
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Sec. 3-c. (a) In this section, "state educational mandate" |
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means a 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 mandate passed by a two-thirds vote in each |
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house of the legislature; |
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(2) 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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(3) 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 proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 8, 2011. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment releasing a school |
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district from the obligation to comply with an unfunded state |
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educational mandate." |