BILL ANALYSIS

C.S.H.B. 3456

By: White

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The COVID-19 pandemic impacted the revenue being generated by the state, and much of the state's resources were directed toward unemployment insurance benefits as many Texans were without work. In May 2020, the governor, the lieutenant governor, and the speaker of the house issued a letter directing all state agencies and institutions of higher education to submit a plan identifying ways to reduce nearly all discretionary general revenue and general revenue related appropriations by five percent for the 2020-2021 biennium. This would have impacted the Windham School District, adult education programs, the Texas School for the Blind and Visually Impaired, the Texas School for the Deaf, and juvenile justice alternative education programs had it not been noticed by legislators who urged the governor to exempt these schools from the cuts. Ensuring adequate funding for our school systems that are not a part of the general public system is imperative to their operations. C.S.H.B. 3456 ensures that these school systems are protected in a manner similar to public school districts.

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. 3456 amends the Education Code to establish that, for purposes of any budget reductions requested by the Legislative Budget Board or the governor, any money received by or appropriated to the following entities for purposes of operating a specified entity is considered to be part of the foundation school program and is not subject to those budget reductions:

· the Windham School District or the Texas Department of Criminal Justice for purposes of operating the Windham School District;

· a nonprofit entity granted a charter or the Texas Education Agency (TEA) for purposes of operating an adult education program;

· the Texas School for the Blind and Visually Impaired or TEA for purposes of operating the school;

· the Texas School for the Deaf or TEA for purposes of operating the school; and

· a local juvenile probation department or the Texas Juvenile Justice Department for purposes of operating a juvenile justice alternative education program.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3456 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision that did not appear in the original establishing that any money received by a nonprofit entity granted a charter or appropriated to TEA for purposes of operating an adult education program is considered part of the foundation school program and is not subject to any budget reductions requested by the Legislative Budget Board or the governor.