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 | |
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| 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. | ||
