HBA-MPM H.B. 2982 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2982
By: Culberson
Public Education
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, legislation designed to direct Texas entities to act more
efficiently or designed to resolve certain issues can have the effect of
opening the door for intrusion by a federal entity. H.B. 2982 requires the
Texas Education Agency (agency) to prepare a federal intrusion analysis for
each bill introduced in a session of the Texas Legislature relating to
primary and secondary public education which: 

_involves the acceptance of federal funds;
_would result in subjecting a person or entity directly under the control
of the federal agency, office, or employee; or 
_would authorize a federal employee or entity to adopt rules or issue
directives or guidelines preempting, superseding, or otherwise controlling
a state legislative acts or policy relating to public education. 

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 B, Chapter 7, Education Code, by adding
Section 7.025, as follows: 

Sec. 7.025.  FEDERAL INTRUSION ANALYSIS OF STATE LEGISLATION.  (a) Requires
the Texas Education Agency (agency) to prepare a federal intrusion analysis
for each bill introduced in a session of the Texas Legislature relating to
primary and secondary public education and that involves the acceptance of
federal funds and would result in subjecting the agency or another state
agency or state or local officer or public employee with duties relating to
public education to the authority of a federal agency, officer, or
employee; or authorizing a federal agency, officer, or employee to adopt
rules or issue directives or guidelines preempting, superseding, or
otherwise controlling a state statute or state or local rule or policy
relating to public education. 

(b)  Requires the agency to prepare the analysis in an objective format and
to list, if appropriate, certain information pertaining to the state
agency, agency division, local officer, or public employee subject to
federal control; the federal agency, officer, or employee authorized to
exert federal control; and other information regarding the effect of the
federal control. 

(c)  Requires the agency, if an analysis is required by this section, to
forward a copy of it to the presiding officer of each house and each
committee to which the bill is referred. Provides that a copy must remain
with the bill throughout the legislative process, including submission to
the governor. 

(d)  Provides that a bill with an analysis under this section is not
eligible to be laid before the house unless it received two-thirds
favorable votes of the members of the committee  to which it was referred
and it is not considered passed unless it received a two-thirds favorable
vote of all members of the senate and all members of the house of
representatives. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.Emergency clause.
  Effective date: upon passage.