HBA-MPM H.B. 211 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 211
By: Hochberg
Public Education
4/9/1999
Introduced



BACKGROUND AND PURPOSE 

Some school districts and open-enrollment charter schools disagree with
certain decisions made by the attorney general with respect to public
information.  Districts or schools that disagree with those opinions may
appeal up to the supreme court level, which may cause added costs to
taxpayers.  H.B. 211 prohibits a school district or open-enrollment charter
school from filing a suit challenging an attorney general's decision
relating to decisions regarding requests for public information or from
seeking relief from compliance with such a decision.  This bill also
requires the commissioner of education to suspend funding to any district
or school failing to comply with an attorney general's decision. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter H, Chapter 552, Government Code, to add
Section 552.3241, as follows: 

Sec. 552.3241.  APPEAL BY SCHOOL DISTRICT OR OPEN-ENROLLMENT CHARTER SCHOOL
PROHIBITED.  Prohibits a school district or open-enrollment charter school,
or the officer for public information or other agent of the district or
school, from filing a suit challenging an attorney general's decision
issued under Subchapter G (relating to decisions of the attorney general
regarding requests for public information) or from otherwise seeking relief
from compliance with such a decision. 

SECTION 2.  Amends Subchapter E, Chapter 42, Education Code, to add Section
42.2531, as follows: 

Sec. 42.2531.  DISTRIBUTION SUSPENDED.  Requires the commissioner of
education (commissioner) to suspend distribution of state funds to a school
district or open-enrollment charter school failing to comply with an
attorney general's decision issued under Subchapter G no later than the
30th day after the district or school receives that decision.  Requires the
commissioner to resume distribution of funds when the district or school
complies with the attorney general's decision.  Requires the commissioner
to distribute the funds withheld during the suspension as soon as possible
after the date of compliance. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.
            Effective date:  upon passage.