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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition against use by certain school districts |
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of state Foundation School Program money and local ad valorem tax |
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revenue to fund certain lawsuits against the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 42, Education Code, is |
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amended by adding Section 42.010 to read as follows: |
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Sec. 42.010. PROHIBITION AGAINST USE OF FUNDING TO SUE |
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STATE. (a) A school district that receives state funding under the |
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Foundation School Program may not use that funding or local ad |
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valorem tax revenue to pay the costs of the district's |
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participation in a lawsuit against the state alleging that the |
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state is in violation of the state's obligations under Section 1, |
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Article VII, Texas Constitution. |
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(b) The commissioner may require a school district |
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participating in a lawsuit described by Subsection (a) to provide |
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the commissioner with documentation considered sufficient by the |
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commissioner to establish that the district is not in violation of |
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Subsection (a). |
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(c) Notwithstanding any other provision of this title, the |
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commissioner may withhold state funding to which a district is |
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otherwise entitled under this chapter or Chapter 46 if the |
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commissioner determines that the district is in violation of |
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Subsection (a). Subject to the General Appropriations Act, the |
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commissioner may use funding withheld under this subsection to pay |
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costs incurred by the agency as a result of the lawsuit described by |
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Subsection (a) in which the district is participating. |
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SECTION 2. Section 42.010, Education Code, as added by this |
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Act, applies only to state funding provided to a school district |
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under the Foundation School Program or local ad valorem tax revenue |
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collected by a school district on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |