88S40074 PRL-D
	By: Thompson of Brazoria	H.B. No. 25

	A BILL TO BE ENTITLED
	AN ACT
	relating to requirements for legislation increasing expenditures
	by public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 1, Education Code, is amended by adding
	Section 1.007 to read as follows:
	Sec. 1.007.  REQUIREMENTS FOR LEGISLATION INCREASING
	EXPENDITURES BY PUBLIC SCHOOLS. (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 or open-enrollment charter school that would not have been
	required in the absence of the statutory provision or the rule
	adopted under that provision.
	(b)  Notwithstanding any other law, legislation that imposes
	a state educational mandate on a school district or open-enrollment
	charter school and that does not provide for the payment or
	reimbursement of the required expenditure must also:
	(1)  increase the basic allotment under Section 48.051
	in an amount sufficient to cover the cost of the increased
	expenditures required by the legislation; or
	(2)  eliminate one or more existing state educational
	mandates for which the amount of expenditures required by a
	district or school under those mandates is at least equal to the
	amount of expenditures required by the legislation.
	(c)  Notwithstanding any other law, a school district or
	open-enrollment charter school is not required to comply with
	legislation that fails to comply with Subsection (b).
	(d)  For each proposed piece of legislation related to
	primary and secondary education, the agency shall:
	(1)  determine whether this section applies to the
	legislation; and
	(2)  provide written notice to the Legislative Budget
	Board of the agency's determination under Subdivision (1) for the
	board to include in the impact statement prepared under Section
	314.004, Government Code.
	SECTION 2.  Section 314.004, Government Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  The impact statement must include the Texas Education
	Agency's state educational mandate determination provided to the
	board under Section 1.007, Education Code.
	SECTION 3.  This Act takes effect on the 91st day after the
	last day of the legislative session.

Statutes affected:
Introduced: Government Code 314.004 (Government Code 314)