Bill Text: TX HB3851 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to unfunded state educational mandates imposed on school districts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [HB3851 Detail]

Download: Texas-2019-HB3851-Introduced.html
  86R5330 JES-D
 
  By: Lang H.B. No. 3851
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to unfunded state educational mandates imposed on school
  districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 11, Education Code, is
  amended by adding Section 11.006 to read as follows:
         Sec. 11.006.  EXEMPTION FROM COMPLIANCE WITH UNFUNDED STATE
  EDUCATIONAL MANDATES. (a) In this section, "state educational
  mandate" means a statutory provision or agency rule the
  implementation of which requires an expenditure by a school
  district that would not have been required in the absence of the
  statutory provision or the rule adopted under that provision.
         (b)  The comptroller shall publish a list of state
  educational mandates for which the legislature has not provided
  payment or reimbursement under Subsection (d) and that were enacted
  by the legislature or were adopted by rule by the agency. The
  comptroller shall publish the list:
               (1)  on or before the August 15 following the regular
  session of the legislature, in the case of a state educational
  mandate enacted by the legislature at a regular session;
               (2)  on or before the 90th day after the last day of the
  special session of the legislature, in the case of a state
  educational mandate enacted by the legislature at a special
  session; or
               (3)  on or before the 90th day after the effective date
  of the agency rule adopting the state educational mandate, in the
  case of a mandate adopted by rule by the agency.
         (c)  By the same date specified by Subsection (b), the
  comptroller shall:
               (1)  remove from the list of unfunded state educational
  mandates those mandates for which the legislature has provided
  payment or reimbursement under Subsection (d), those that are no
  longer subject to payment or reimbursement, and those that are no
  longer in effect; and
               (2)  add to the list any state educational mandate from
  a previous period for which payment or reimbursement was provided
  under Subsection (d) but for which payment or reimbursement was not
  provided in the most recent regular session or in any subsequent
  special sessions.
         (d)  A state educational mandate is considered to be a state
  educational mandate for which the legislature has provided payment
  or reimbursement if the legislature appropriates or otherwise
  provides for the full payment or reimbursement, from a source other
  than revenue of the district, for all expenditures that would be
  accrued in the calendar year by the district in complying with the
  state educational mandate.
         (e)  A school district is not required to comply with a state
  educational mandate that appears on the list published by the
  comptroller under Subsection (b) for as long as the mandate remains
  on the list.
         (f)  Before September 1 of the even-numbered year before the
  third anniversary of the date of enactment or adoption of a state
  educational mandate identified by the comptroller under Subsection
  (b), the comptroller shall:
               (1)  review any legislative history of the state
  educational mandate;
               (2)  conduct an evaluation, in coordination with the
  agency, on the benefits of the state educational mandate and the
  costs of the mandate on affected districts; and
               (3)  present a written report to the legislature and
  the governor on the comptroller's findings.
         (g)  This section does not apply to a state educational
  mandate that:
               (1)  creates a criminal offense or changes an element
  of a criminal offense;
               (2)  is imposed by the legislature or a state agency to
  comply with a requirement of the Texas Constitution, federal law,
  or a court order; or
               (3)  is approved by the voters of this state at a
  general election.
         SECTION 2.  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, 2019.
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