BILL ANALYSIS

 

 

 

C.S.H.B. 441

By: Martinez, "Mando"

Public Education

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note that Memorial Day is one of the most important holidays that Americans celebrate and contend that the men and women who died while serving in the armed forces deserve more recognition. C.S.H.B. 441 seeks to honor these men and women by prohibiting student instruction on Memorial Day.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 441 amends the Education Code to prohibit a public school district from providing student instruction on Memorial Day. The bill requires the commissioner of education to approve the instruction of students for fewer than the minimum required number of minutes for a district that would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity. The bill applies beginning with the 2017-2018 school year.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 441 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 25.081, Education Code, is amended by adding Subsection (f) to read as follows:

(f)  A school district may not provide student instruction on Memorial Day.

 

SECTION 1.  Section 25.081, Education Code, is amended by adding Subsection (f) to read as follows:

(f)  A school district may not provide student instruction on Memorial Day.  If a school district would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity, the commissioner shall approve the instruction of students for fewer than the number of minutes required under Subsection (a).

 

SECTION 2.  This Act applies beginning with the 2017-2018 school year.

 

SECTION 2. Same as introduced version.

 

 

SECTION 3.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

 

SECTION 3. Same as introduced version.