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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of overallocated state funds by the Texas |
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Education Agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.258, Education Code, is amended by |
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adding Subsections (a-2) and (a-3) to read as follows: |
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(a-2) Notwithstanding any other provision of this section |
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except as provided by Subsection (a-3), the agency may not recover |
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an overallocation of state funds if: |
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(1) the overallocation occurred more than seven years |
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before the date the overallocation is discovered; and |
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(2) the overallocation occurred as a result of |
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statutory changes to this title and related requirements. |
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(a-3) Subsection (a-2) does not apply to recovery of state |
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funds allocated to a district under Section 41.0931 or 42.2524 if |
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the state seeks to recover the funds as a result of the district |
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receiving reimbursement through insurance proceeds, federal |
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disaster relief payments, or another similar source of |
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reimbursement for the costs for which the state funds were |
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allocated. |
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SECTION 2. Section 42.258(a-2), Education Code, as added by |
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this Act, applies to each overallocation of state funds discovered |
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on or after the effective date of this Act, regardless of the date |
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on which the overallocation of state funds occurred. |
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SECTION 3. This Act takes effect September 1, 2019. |