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AN ACT
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relating to the disaster contingency fund and relief for school |
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districts located in a disaster area. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 418.073(c), Government Code, as added by |
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Chapter 1250 (H.B. 2694), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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�������(c)��A state or [agency,] local government[, or other
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eligible] entity that participates in disaster preparation or |
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disaster recovery may request and receive funding from the disaster |
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contingency fund to pay for[:
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�������������[(1)��extraordinary] costs incurred by the state or |
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local government entity in preparing for or recovering from |
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[implementing preventive measures taken before or during an
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emergency; and
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�������������[(2)
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costs incurred in repairing damage suffered
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during] a disaster [for which:
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�������������������[(A)
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the presiding officer of a municipal or
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county government has declared a local state of disaster for
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affected areas within the jurisdiction of the municipality or
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county; and
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�������������������[(B)
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the governor has also declared a state of
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disaster for the affected county or counties]. |
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�������SECTION�2.��Section 418.073, Government Code, is amended by |
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adding Subsections (f), (g), and (h) to read as follows: |
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�������(f)��A state or local government entity or other eligible |
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entity that receives funding from the disaster contingency fund to |
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pay for costs associated with disaster recovery and that |
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subsequently receives reimbursement from the federal government, |
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an insurer, or another source for those same costs shall reimburse |
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the disaster contingency fund for the reimbursed amounts. �In |
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developing rules and procedures under Subsection (d) the governor's |
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division of emergency management shall prescribe accounting and |
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other procedures necessary to efficiently and effectively |
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implement this subsection. |
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�������(g)��Money in the disaster contingency fund may be used to |
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pay for a disaster risk financing instrument using a parametric |
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index based on affected population to leverage available funds and |
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receive proceeds greater than appropriated amounts to pay for |
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extraordinary expenses. |
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�������(h)��Money in the disaster contingency fund may be used to |
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provide to a local government entity that is suffering financial |
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hardship as a result of a disaster declared under this chapter funds |
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for the purpose of providing local matching funds for Federal |
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Emergency Management Agency qualifying projects. |
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�������SECTION�3.��Subchapter D, Chapter 41, Education Code, is |
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amended by adding Section 41.0931 to read as follows: |
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�������Sec.�41.0931.��DISASTER REMEDIATION COSTS. (a) This |
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section applies only to a district all or part of which is located |
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in an area declared a disaster area by the governor under Chapter |
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418, Government Code, and that incurs disaster remediation costs as |
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a result of the disaster. |
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�������(b)��Subject to Subsection (c), for the two-year period |
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following the date of the governor's initial proclamation or |
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executive order declaring a state of disaster, the total amount |
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required to be paid by a district for attendance credits under |
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Section 41.093 is reduced by the amount of any disaster remediation |
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costs that the district pays during that period and does not |
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anticipate recovering through insurance proceeds, federal disaster |
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relief payments, or another similar source of reimbursement. |
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�������(b-1)��For purposes of determining the reduction under this |
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section to which a district is entitled for the 2009-2010 school |
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year, disaster remediation costs paid by the district after |
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September 1, 2008, are included if the costs meet all other |
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requirements imposed by this section. This subsection expires |
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September 1, 2010. |
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�������(c)��To receive a reduction under this section, a district |
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must provide the commissioner with acceptable documentation of |
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disaster remediation costs paid by the district. |
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�������(d)��The commissioner shall adopt rules necessary to |
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implement this section, including rules defining "disaster |
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remediation costs" for purposes of this section and specifying the |
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type of documentation required under Subsection (c). |
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�������(e)��Notwithstanding any other provision of this section, |
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the commissioner may permit a district to use funds available to the |
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district as a result of a reduction under this section to pay the |
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costs of replacing a facility instead of repairing the facility. |
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The commissioner shall ensure that a district that elects to |
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replace a facility does not receive a reduction that exceeds the |
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lesser of: |
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�������������(1)��the amount that would be available to the district |
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if the facility were repaired; or |
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�������������(2)��the amount necessary to replace the facility. |
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�������SECTION�4.��Subchapter A, Chapter 42, Education Code, is |
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amended by adding Section 42.0051 to read as follows: |
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�������Sec.�42.0051.��AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN |
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DISASTER AREA. �(a) From funds specifically appropriated for the |
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purpose or other funds available to the commissioner for that |
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purpose, the commissioner shall adjust the average daily attendance |
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of a school district all or part of which is located in an area |
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declared a disaster area by the governor under Chapter 418, |
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Government Code, if the district experiences a decline in average |
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daily attendance that is reasonably attributable to the impact of |
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the disaster. |
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�������(b)��The adjustment must be sufficient to ensure that the |
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district receives funding comparable to the funding that the |
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district would have received if the decline in average daily |
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attendance reasonably attributable to the impact of the disaster |
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had not occurred. |
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�������(c)��The commissioner shall make the adjustment required by |
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this section for the two-year period following the date of the |
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governor's initial proclamation or executive order declaring the |
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state of disaster. |
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�������(d)��Section 42.005(b)(2) does not apply to a district that |
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receives an adjustment under this section. |
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�������(e)��A district that receives an adjustment under this |
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section may not receive any additional adjustment under Section |
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42.005(d) for the decline in average daily attendance on which the |
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adjustment under this section is based. |
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�������(f)��For purposes of this title, a district's adjusted |
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average daily attendance under this section is considered to be the |
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district's average daily attendance as determined under Section |
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42.005. |
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�������SECTION�5.��Subchapter E, Chapter 42, Education Code, is |
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amended by adding Sections 42.2523 and 42.2524 to read as follows: |
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�������Sec.�42.2523.��ADJUSTMENT FOR PROPERTY VALUE AFFECTED BY |
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STATE OF DISASTER. (a) For purposes of Chapters 41 and 46 and this |
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chapter, the commissioner shall adjust the taxable value of |
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property of a school district all or part of which is located in an |
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area declared a disaster area by the governor under Chapter 418, |
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Government Code, as necessary to ensure that the district receives |
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funding based as soon as possible on property values as affected by |
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the disaster. |
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�������(b)��The commissioner may fund adjustments under this |
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section using funds specifically appropriated for the purpose or |
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other funds available to the commissioner for that purpose. |
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�������(c)��Any additional funding to which a school district is |
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entitled as a result of the adjustment required by this section is |
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in addition to the amount of funding to which the district is |
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entitled under Section 42.2516(b). |
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�������(d)��A decision of the commissioner under this section is |
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final and may not be appealed. |
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�������Sec.�42.2524.��REIMBURSEMENT FOR DISASTER REMEDIATION |
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COSTS. (a) This section applies only to a school district all or |
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part of which is located in an area declared a disaster area by the |
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governor under Chapter 418, Government Code, and that incurs |
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disaster remediation costs as a result of the disaster. |
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�������(b)��During the two-year period following the date of the |
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governor's initial proclamation or executive order declaring a |
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state of disaster, a district may apply to the commissioner for |
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reimbursement of disaster remediation costs that the district pays |
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during that period and does not anticipate recovering through |
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insurance proceeds, federal disaster relief payments, or another |
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similar source of reimbursement. |
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�������(b-1)��A district may seek reimbursement of disaster |
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remediation costs paid by the district on or after September 1, |
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2008. This subsection expires September 1, 2011. |
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�������(c)��The commissioner may provide reimbursement under this |
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section only if funds are available for that purpose as follows: |
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�������������(1)��reimbursement for a school district not required |
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to take action under Chapter 41 may be provided from: |
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�������������������(A)��amounts appropriated for that purpose, |
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including amounts appropriated for those districts for that purpose |
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to the disaster contingency fund established under Section 418.073, |
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Government Code; or |
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�������������������(B)��Foundation School Program funds available |
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for that purpose, based on a determination by the commissioner that |
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the amount appropriated for the Foundation School Program, |
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including the facilities component as provided by Chapter 46, |
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exceeds the amount to which districts are entitled under this |
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chapter and Chapter 46; and |
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�������������(2)��reimbursement for a school district required to |
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take action under Chapter 41 may be provided from funds described by |
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Subdivision (1)(B) if funds remain available after fully |
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reimbursing each school district described by Subdivision (1) for |
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its disaster remediation costs. |
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�������(d)��If the amount of money available for purposes of |
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reimbursing school districts not required to take action under |
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Chapter 41 is not sufficient to fully reimburse each district's |
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disaster remediation costs, the commissioner shall reduce the |
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amount of assistance provided to each of those districts |
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proportionately. If the amount of money available for purposes of |
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reimbursing school districts required to take action under Chapter |
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41 is not sufficient to fully reimburse each district's disaster |
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remediation costs, the commissioner shall reduce the amount of |
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assistance provided to each of those districts proportionately. |
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�������(e)��A district seeking reimbursement under this section |
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must provide the commissioner with adequate documentation of the |
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costs for which the district seeks reimbursement. |
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�������(f)��A district required to take action under Chapter 41: |
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�������������(1)��may, at its discretion, receive assistance |
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provided under this section either as a payment of state aid under |
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this chapter or as a reduction in the total amount required to be |
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paid by the district for attendance credits under Section 41.093; |
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and |
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�������������(2)��may not obtain reimbursement under this section |
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for the payment of any disaster remediation costs that resulted in a |
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reduction under Section 41.0931 of the district's cost of |
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attendance credits. |
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�������(g)��Amounts provided to a district under this section are in |
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addition to the amount to which the district is entitled under |
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Section 42.2516. |
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�������(h)��The commissioner shall adopt rules necessary to |
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implement this section, including rules defining "disaster |
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remediation costs" for purposes of this section and specifying the |
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type of documentation required under Subsection (e). |
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�������(i)��Notwithstanding any other provision of this section, |
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the commissioner may permit a district to use amounts provided to a |
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district under this section to pay the costs of replacing a facility |
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instead of repairing the facility. The commissioner shall ensure |
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that a district that elects to replace a facility does not receive |
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an amount under this section that exceeds the lesser of: |
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�������������(1)��the amount that would be provided to the district |
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if the facility were repaired; or |
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�������������(2)��the amount necessary to replace the facility. |
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�������(j)��This section does not require the commissioner to |
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provide any requested reimbursement. A decision of the |
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commissioner regarding reimbursement is final and may not be |
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appealed. |
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�������SECTION�6.��Section 44.0312, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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�������(c)��Notwithstanding any other provision of this code, in the |
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event of a catastrophe, emergency, or natural disaster affecting a |
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school district, the board of trustees of the district may delegate |
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to the superintendent or designated person the authority to |
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contract for the replacement, construction, or repair of school |
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equipment or facilities under this subchapter if emergency |
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replacement, construction, or repair is necessary for the health |
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and safety of district students and staff. |
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�������SECTION�7.��This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution.��If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 4102 was passed by the House on April |
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30, 2009, by the following vote:��Yeas 132, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 4102 on May 23, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 4102 on May 31, 2009, by the following vote:��Yeas 143, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 4102 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote:��Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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4102 on May 31, 2009, by the following vote:��Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |