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 |
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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. |