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A BILL TO BE ENTITLED
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AN ACT
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relating to unfunded state educational mandates imposed on school |
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districts. |
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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 11.006 to read as follows: |
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Sec. 11.006. EXEMPTION FROM COMPLIANCE WITH UNFUNDED STATE |
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EDUCATIONAL MANDATES. (a) In this section, "state educational |
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mandate" means a statutory provision or agency rule the |
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implementation of which requires an expenditure by a school |
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district that would not have been required in the absence of the |
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statutory provision or the rule adopted under that provision. |
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(b) The comptroller shall publish a list of state |
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educational mandates for which the legislature has not provided |
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payment or reimbursement under Subsection (d) and that were enacted |
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by the legislature or were adopted by rule by the agency. The |
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comptroller shall publish the list: |
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(1) on or before the August 15 following the regular |
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session of the legislature, in the case of a state educational |
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mandate enacted by the legislature at a regular session; |
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(2) on or before the 90th day after the last day of the |
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special session of the legislature, in the case of a state |
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educational mandate enacted by the legislature at a special |
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session; or |
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(3) on or before the 90th day after the effective date |
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of the agency rule adopting the state educational mandate, in the |
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case of a mandate adopted by rule by the agency. |
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(c) By the same date specified by Subsection (b), the |
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comptroller shall: |
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(1) remove from the list of unfunded state educational |
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mandates those mandates for which the legislature has provided |
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payment or reimbursement under Subsection (d), those that are no |
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longer subject to payment or reimbursement, and those that are no |
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longer in effect; and |
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(2) add to the list any state educational mandate from |
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a previous period for which payment or reimbursement was provided |
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under Subsection (d) but for which payment or reimbursement was not |
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provided in the most recent regular session or in any subsequent |
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special sessions. |
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(d) A state educational mandate is considered to be a state |
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educational mandate for which the legislature has provided payment |
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or reimbursement if the legislature appropriates or otherwise |
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provides for the full payment or reimbursement, from a source other |
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than revenue of the district, for all expenditures that would be |
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accrued in the calendar year by the district in complying with the |
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state educational mandate. |
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(e) A school district is not required to comply with a state |
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educational mandate that appears on the list published by the |
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comptroller under Subsection (b) for as long as the mandate remains |
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on the list. |
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(f) Before September 1 of the even-numbered year before the |
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third anniversary of the date of enactment or adoption of a state |
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educational mandate identified by the comptroller under Subsection |
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(b), the comptroller shall: |
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(1) review any legislative history of the state |
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educational mandate; |
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(2) conduct an evaluation, in coordination with the |
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agency, on the benefits of the state educational mandate and the |
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costs of the mandate on affected districts; and |
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(3) present a written report to the legislature and |
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the governor on the comptroller's findings. |
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(g) This section does not apply to a state educational |
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mandate that: |
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(1) creates a criminal offense or changes an element |
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of a criminal offense; |
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(2) is imposed by the legislature or a state agency to |
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comply with a requirement of the Texas Constitution, federal law, |
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or a court order; or |
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(3) is approved by the voters of this state at a |
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general election. |
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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, 2019. |