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.