Bill Text: TX HB458 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to exempting a school district from the obligation to comply with certain unfunded state educational mandates.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2011-02-17 - Referred to Public Education [HB458 Detail]

Download: Texas-2011-HB458-Introduced.html
  82R3082 CAS-F
 
  By: White H.B. No. 458
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to exempting a school district from the obligation to
  comply with certain unfunded state educational mandates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Subchapter A, Chapter 11, Education Code, is
  amended by adding Section 11.004 to read as follows:
         Sec. 11.004.  EXEMPTION FROM CERTAIN STATE EDUCATIONAL
  MANDATES. (a) In this section, "state educational mandate" means a
  statutory provision 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 a rule adopted under
  that provision.
         (b)  A school district is exempt from a state educational
  mandate for which the legislature has not appropriated money
  estimated to be sufficient to meet the expenditure required by the
  mandate at the time the mandate is effective unless the legislature
  has determined that the mandate fulfills an important state
  interest and:
               (1)  the expenditure is required to comply with a law
  that applies to all persons similarly situated, including entities
  other than a school district; or
               (2)  the mandate is necessary either to comply with
  federal law or to meet eligibility standards for a federal
  entitlement, and the federal law specifically contemplates action
  by a district for compliance or eligibility.
         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, 2011.
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