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.