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  82R3083 CAS-F
 
  By: White H.J.R. No. 46
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment releasing a school district
  from the obligation to comply with an unfunded state educational
  mandate.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Article VII, Texas Constitution, is amended by
  adding Section 3-c to read as follows:
         Sec. 3-c.  (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 mandate passed by a two-thirds vote in each
  house of the legislature;
               (2)  the expenditure is required to comply with a law
  that applies to all persons similarly situated, including entities
  other than a school district; or
               (3)  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 proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2011.
  The ballot shall be printed to provide for voting for or against the
  proposition:  "The constitutional amendment releasing a school
  district from the obligation to comply with an unfunded state
  educational mandate."