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Legislative Update Legislative Update
Presented to the District Improvement & Planning Committee by Dr. Maroba Zoeller, Chief Governmental Relations Officer March 14, 2017
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IMPORTANT DATES January 10 - First Day of Session
March 10 – Last day to file bills May 29 – Sine die – Last day of Session June 18 – Deadline for governor veto March – Collin County Days in Austin
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2017 Legislative Priorities
School Funding The basic allotment should be raised creating additional funding for all districts in Texas. The increased allotment would not require additional revenue from the state, rather revenues generated by increased property values would be returned to local school districts.
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Report on Committees House Public Education Committee: Introduced bi- partisan H. B. 21 Increases the current basic funding allotment to $5,350 per student which adds $210 in per- student funding for more than 95% of Texas school districts Reduces the amount of money that approximately 249 so-called property-rich school districts must pay to the state under the funding system commonly known as “Robin Hood.”
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Report on Committees Also HB 21 would:
Increase funding for student dyslexia services; Appropriate $200 million for districts that currently risk losing “hold harmless” funding because of a previous school finance bill passed by the Legislature in 2006; and Provide high-wealth districts, and charter schools, with access to state transportation funding for the first time
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Senate School Finance Proposal
SB 2145 filed by Sen Larry Taylor Incorporates many of the suggestions of the Equity Center for new finance plan increase both student and taxpayer equity, eliminate inefficiencies in the current school finance system, and provide the basis for a simplified and more stable system moving forward.
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Update Senate & House Budget
Local property value growth results in reduced state costs to the school finance system Both the House and Senate proposed budgets take advantage of this “new” available revenue, an estimated $4.7 billion for the biennium when taking into account the reduced state obligations due to value growth ($3.6 billion state savings) and the increase to recapture ($1.1 billion more than the previous biennium). In addition, both proposed budgets account for the current statutory provision that eliminates ASATR hold-harmless funding. This is a savings to the state of $600 million.
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Update Senate & House Budget
Process still in initial stages Senate & House Committees and sub- committees have heard testimony from the LBB, TEA, and other organizations & agencies Major policy change to date is regarding High Quality Pre-Kindergarten funding. HB 1 “de-funds” the High Quality Pre- Kindergarten Grant Program Instead, uses $116.9 million to increase the Supplemental Funding for Pre-K program State provided $30 million for Supplemental Funding for Pre-K in Biennium
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Report on Committees Senate Finance Committee Hearing Tuesday March 14
SB 2 Bettencourt, Paul Relating to ad valorem taxation. This bill embodies various changes to local property tax administration, particularly focusing on the appraisal process and appraisal review boards. It establishes a property tax administration advisory board to assist the Comptroller with rules and other duties. The bill moves up the date of appraisal roll delivery to July 10, but moves back the date of the early estimate of value from April 30 to May 15. It makes changes to how the rollback rate for entities other than school districts is calculated, reducing the allowable increase above the effective rate to 4% each year. It then subjects all taxing jurisdictions to automatic rollback elections in the same manner as school districts. It apparently forces all rollback elections, including for school districts, to be held on the uniform election date.
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Report on Committees Senate Finance Committee Hearing
Wednesday, March 15th SB 1 Nelson, Jane General Appropriations Bill. Remarks: As filed: This is the General Appropriations Bill. It sets the level of funding for the Foundation School Program, and includes a significant increase in the Austin yield, but no other funding formula changes. Several grants or programs outside the FSP receive reductions in funding, and a few receive increases.
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Report on Committees Senate Finance Committee Hearing
Thursday, March 16th SB 3 (Larry Taylor, et al.) Relating to the establishment of an education savings account program and a tax credit scholarship and educational expense assistance program.(Rescheduled to March 21st) SB 490 (Eddie Lucio) Relating to information regarding the number of school counselors in public schools. SB 579 (Van Taylor) Relating to the use of epinephrine auto-injectors on private school campuses and at or in transit to or from off-campus school events. SB 826 (Larry Taylor) Relating to the sequencing of required English language arts courses and mathematics courses in schools.
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Report on Committees Senate Education Committee Hearing
Thursday, March 16th SB 3 Taylor, Larry | et al. Relating to the establishment of an education savings account program and a tax credit scholarship and educational expense assistance program. SB 490 Lucio Relating to information regarding the number of school counselors in public schools. SB 579 Taylor, Van Relating to the use of epinephrine auto-injectors on private school campuses and at or in transit to or from off-campus school events. SB 826 Taylor, Larry Relating to the sequencing of required English language arts courses and mathematics courses in schools.
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2017 Legislative Priorities
A-F Accountability System Repeal A-F Accountability System designed to rank order schools within each domain to allow for comparison of schools/districts. The bulk of the rankings will be based solely on a once a year STAAR/EOC assessment that has been proven to be defective, not statistically significant or reliable, and detrimental to students and the teaching profession. The present standard setting process indicates that it will be impossible for all schools to earn an A.
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A-F Accountability Bill Filed
HB 22 filed by Chairman of House Education Committee would: Reduce the number of categories in which each campus and school district would be graded. The categories eliminated are ones that grade how well districts and campuses prepare students for careers and college and how well they reduce the performance gap between between low-income and higher- income students Campuses and school districts would still be graded on overall student performance and progress and their “school climate” — how well they engage with students and the community. Would eliminate assigning an overall letter grade to each school district and campus. The bill would only give letter grades in each of the three categories. Currently, school districts and campuses receive an overall label that indicates whether they met state requirements for the year or if they need improvement.
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A-F Grading System HB 843 Referred to Public Education 2/21/17
Relating to designations for rating the performance of public school districts and campuses for accountability purposes. Changes the ratings labels used for state accountability purposes. Rather than using letter grades of A-F as labels, the bill would require TEA to assign schools and districts academic accountability ratings of Exemplary, Recognized, Acceptable, or Needs Improvement. In the financial accountability system, bill language refers to ratings of less than satisfactory performance. Locally determined community and student engagement ratings would change from A-F labels to Exemplary, Recognized, Acceptable or Needs Improvement. Effective date: Sept. 1, 2017.
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2017 Legislative Priorities
Vouchers or Education Savings Grants Oppose a state voucher plan, tax credit, taxpayer savings grants, tuition reimbursements, or any program that diverts public tax dollars to private entities, homeschool students, or parents with little or no academic or financial accountability to the state, taxpayers, or local communities.
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VOUCHERS – SB 3 Filed by Sen. Larry Taylor 1/30/17
Referred to Senate Education 2/1/17 Relating to the establishment of an education savings account program and a tax credit scholarship and educational expense assistance program.
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VOUCHERS – SB 3 The first half of the bill proposes education savings accounts, or ESAs, which give Texas parents public money to spend on private K-12 school tuition and education-related expenses, including tutoring, technology, textbooks and special education services The second half of the bill brings back a proposal for tax credit scholarships, which was hotly debated during the 2015 legislative session. The tax credit scholarship program would allow businesses to count contributions to approved scholarship organizations as credit against their insurance premium tax.
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VOUCHERS – SB 3 Has enough votes to pass out of Senate Education, but author Senator Taylor lacks support from Republican colleagues to bring the measure to full Senate for a vote. 19 of 31 members must approve before it is eligible for floor debate and a vote. Even with GOP majority in the Senate, Chairman Taylor needs as many as 5 more Republican votes – in the face of solid Democratic opposition – to debate & vote on SB 3 Even if he wins the Senate which is likely – he will face challenges in the Texas House where school choice legislation has traditionally been opposed by Democrats and rural Republicans.
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New Voucher Bills Filed
HB 1335 by Ron Simmons is a pared-down version of the controversial SB3 that has the backing of Governor Greg Abbott and Lt. Gov. Patrick Creates an Education Savings Account for students who are at risk of dropping out of school, or who have special needs, including if they were bullied or are a sex crime victim The accounts, tied to debit cards loaded with state money—equivalent to 90 percent of what local school districts receive from the state on average to educate a student—that could be used to pay for other education options such as home, online and private schooling
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New Voucher Bills Filed
HB 4193 by Simmons creates a "credit account program" for students that have an IEP or are covered by Section 504. T Intended to supply funding to supplement the student's public education and exceed the level of services necessary to receive a free and appropriate public education. Each year, school districts are to provide a list of eligible students to the commissioner, and the commissioner is then required to provide to parents of each student a notice and disclosure document about the program. Funds may be used for tuition and fees for educational courses, instructional materials, transportation, private tutors or teaching services, educational therapies or support services, assistive technology, testing, and other expenses approved by the commissioner. There is no set amount of the awards, and all funds in the program are divided equally across all participating students. the source of funds is special education grants as described in Education Code § Awards are placed in accounts at a financial institution that contracts with the agency, and must be available on a debit card.
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PRE-KINDERGARTEN HB 710 Expands FSP funding from half-day to full day pre-kindergarten. HB 188 Referred to House Education 2/14/17 Districts would be required to maintain a ratio of at least one certified teacher for every 10 students in prekindergarten HB 196 Referred to House Education 2/14/17 Relating to providing free full-day prekindergarten for certain children. SB 35 Referred to Senate Education 1/24/17 Companion Bill HB /14/17 Authorizes Foundation School Program state aid for full-day Pre-K
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IMPROPER RELATIONSHIPS BILL PASSES SENTATE – HEADED TO HOUSE
SB 7 filed by State Senator Paul Bettencourt, R-Houston, includes: A teacher could be charged with improper relationship with a student regardless of where the student attends school; A teacher’s professional license would be automatically revoked if he or she must register as a sex offender, or receives a deferred adjudication of guilt; Principals, not just superintendents, would be required to report teacher misconduct to the Texas Education Agency; and A principal or superintendent who fails to report misconduct would be charged with a Class A misdemeanor, and failure to report intentionally could lead to a state jail felony Senator Van Taylor, R-Plano, added an amendment to SB 7 that would revoke the pensions of teachers who have been convicted of the felonies of improper relationship with a student, continuous sexual abuse of a child, sexual assault or aggravated sexual assault.
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Dr. Maroba Zoeller Chief Governmental Relations Officer (P) 972-236-0618 maroba_zoeller@allenisd.org
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Report on Committees 2/27 House Pensions Committee met on TRS Pension system 2/28 House Public Education to hear School Finance Reform in-depth examination of school finance issues and school finance bills on 3/7 2/23 Senate Education met on bills related to improper relationships & P-TECH program
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SCHOOL FUNDING HB 94 Referred to House Committee 2/13/17
Increasing the basic allotment for each student from $4,765 to $5,800. HB 177 Referred to House Committee 2/14/17 Increases the annual allotment provided for each student in a bilingual or special language program. The increase would be .25 of the basic allotment instead of .1 of the basic allotment. HB 286 Referred to House Committee 2/14/17 Relating to the repeal of provisions (Chapter 41)requiring school districts to reduce their wealth per student to the equalized wealth level
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School Funding Companions: SB 161; Rodriguez, Jose(D); (Identical); S Filed Raise the bilingual education allotment weight in the Foundation School Program to 0.25 from the current weight of 0.10. Raise the CTE funding weight
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SCHOOL CHOICE SB 610 Referred to Senate Education 2/13/17
As filed, SB 610 amends 30A.101, Education Code (Eligibility to Act as Course Provider) by expanding the state virtual school network to cover kindergarten and elementary instead of just middle and high schools SB 620 Referred to Senate Education 2/13/17 As filed, SB 620 permits students to enroll full time in the virtual school network.
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SCHOOL CHOICE SB 282 Referred to Senate Education 1/30/17
A student may transfer to another campus in the student's home district or another district which has an overall rating that is at least 2 letter grades higher than the student's home campus. School districts must admit students to campuses under these circumstances, unless the campus is does not have available capacity. If a school district receives more requests to transfer than available capacity at a campus, the district must fill the available positions by lottery. Once a student transfers, the student may remain at the new campus in subsequent years, even if the overall rating of the student's home campus improves.
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SCHOOL CHOICE SB 518 Referred to Senate Finance 2/6/17
SB 518 is the companion bill to HB 595 As filed, SB 518 creates a new Subchapter R to Chapter 171 of the Tax Code (Tax Credits for Paid Internships Given to Certain High School Students). Taxable entities may receive a $1,000 credit on their franchise taxes for each eligible student that completes an eligible internship program offered by the taxable entity
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SCHOOL CHOICE SJR 33 Referred to Senate Education 2/13/17
Proposing constitutional amendment protecting private schools and home schools from state and local regulation.
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CURRICULUM SIGNIFICANT CHANGE – IMPORTANT TO ALLEN ISD
SB 826 Filed 2/10/17 by Sen. Larry Taylor Relating to the sequencing of required English language arts courses and mathematics courses in schools. Essentially Advanced Courses can only be taken “after successful completion” of basic foundation courses HB 1854 Filed 2/14/17 Rep. Huberty Companion Bill
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ACCOUNTABILITY SB 384 Referred to Senate Education 2/1/17
"make all reasonable efforts to schedule end-of- course assessment instruments as required by Section (c) so that the administration of those assessment instruments does not conflict with the administration of a nationally recognized assessment instrument, examination, or test administered under a uniform schedule and used by institutions of higher education to award course credit based on satisfactory performance on the assessment instrument, examination, or test, including an advanced placement test or international baccalaureate examination.”Applies beginning with the school year
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ACCOUNTABILITY SB 215 Referred to Senate Education 1/25/17
Relating to limiting certain state-required assessment instruments administered to public school students in certain grades to assessments required by federal law.
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ACCOUNTABILITY SB 463 Referred to Senate Education 2/06/17
Relating to the use of individual graduation committees to satisfy certain public high school graduation requirements. Companion SB 531, Referred to Senate Ed 2/08/17 Companion SB 615 Referred to Senate Ed 2/13/17 Companion HB 966 filed 1/12/17 Companion HB 77 Referred to House 2/13/17
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ACCOUNTABILITY SB 214 Referred to Senate Education 1/25/17
Relating to a prohibition of a monitoring system performance indicator based on the number or percentage of students receiving special education services. HB 61 Referred to House Education 2/13/17 Relating to consideration under the public school accountability system of performance on assessment instruments by certain students formerly receiving special education services
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ACCOUNTABILITY HB 184 Referred to House Committee 2/14/17
Relating to public school accountability for bilingual education and English as a second language and other special language programs. HB 172 Referred to House Committee 2/14/17 Relating to the consideration of the performance of students of limited English proficiency on state assessment instruments and inclusion of related information in campus report cards. HB 79Referred to House Committee 2/14/17 Relating to the use of alternative assessment instruments for students in a special education program of a public school district.
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ACCOUNTABILITY SB 606 Referred to Senate Education 2/13/17
SB 606 amends 12A.003, Education Code (Local Innovation Plan) to permit districts of innovation to administer national norm- referenced assessment instruments instead of state assessment instruments adopted under Section Effective immediately if approved by 2/3 of both houses, otherwise effective September 1, ( jr)
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FIRST DAY OF INSTRUCTION
SB 338 Referred to Senate Education 1/30/17 Relating to the first day of the school year for public schools (deletes restriction for exemption; tax free dates 3rd Friday in Aug-Sun. Filed by Sen. Van Taylor
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ADMINISTRATION SB 365 Referred to Senate Education 2/1/17
Requires school districts to: -review the policy recommendations of the local school health advisory council provided under Section (before adopting a recess policy; and -review and, if necessary, revise the recess policy at least once every 5 years. The recess policy must specify: (1) the required number of minutes of weekly unstructured playtime; and (2) whether a student's recess time may be withheld as a form of student discipline. Each school district must adopt a recess policy by May 1, 2018 and the policy must be implemented no later than the beginning of the school year.
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ADMIN HB 1010 Filed 1/12/17 by Rep. Alonzo
As filed, HB 1010 adds a new subsection (d-1) to , Education Code, relating to the powers and duties of the board of trustees of a school district. This new subsection provides that the rules and policies adopted by the board have the force of law in relation to the district. The board of trustees (collectively and individually) and each district employee must comply with the rules, bylaws and policies. Effective immediately if approved by 2/3 of both houses, otherwise effective September 1, 2017
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PROPERTY TAX HJR 17 Referred to House Ways & Means 2/13/17
Limits maximum appraised value of real property for ad valorem tax purposes of 105% of appraised value for previous year (Constitutional amendment (HJR 17, 34, 35,19, Companion 167 , HB 44 Referred to House Ways & Means 2/14/17 HB 390 Referred to House Ways & Means 2/16/17 Relating to school district ad valorem tax rates
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DISCIPLINE Related to requirements to strengthen district’s policy on bullying, including cyberbullying; allows bullies to be removed from class, placed in DAEP or expelled. (HB 304, HB 305, HB 306,SB 179, SB 180, 181) HB 304 Referred to House Judiciary & Civil Jurisprudence 2/15/17 HB 305 Referred to House Education 2/15/17 HB 306 Referred to House Education 2/15/17 David’s Law Age of adult criminal responsibility- raise age for mandatory prosecution as an adult from 17 to 18 allowing non-violent offenders to be charged as a minor (HB 676 Wu, HB 122 Dutton)
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BILLS FILED BY OUR REPS:Jeff Leach
HB 615 – Relating to removal of requirements for grade-level promotion that are based on satisfactory performance on state assessment instruments HB 617 – Relating to the inclusion of American principles in the public school curriculum and instructional materials HB 620 – Relating to first day of instruction at public school (changes “may not begin instruction before the 4th week to the 2nd week of August)
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BILLS FILED BY OUR REPS:Jeff Leach
HB 1025 Relating to the constitutional limit on the rate of growth of appropriations.(1/13/17) HB 1068 Relating to including fetal development instruction as part of the health curriculum used in public schools in certain grade levels (1/17/17) HB 1069 Relating to compliance with prohibitions regarding the use of common core state standards in public schools.(1/17/17) HB 1336 Relating to financial reporting by a school district regarding the costs associated with administering certain assessment instruments.(1/27/17)
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BILLS FILED BY OUR REPS:Jeff Leach
HB 611 Relating to the enforcement by certain governmental entities of state and federal laws governing immigration and to the duties of law enforcement agencies concerning certain arrested persons. HB 613 Relating to limitations on the rate of growth of appropriations for certain categories of spending. HB 616 Relating to the system by which an application for a low income housing tax credit is scored. HB 1516 Relating to the authority of a school district to excuse from school attendance a student who is exempt from the administration of a final examination.(2/2/17)
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BILLS FILED BY OUR REPS:Van Taylor
SB 14 .(Approved in Senate; Sent to House 2/8/17) Relating to the ethics of public officers and related requirements; creating criminal offenses SB 338 – Referred to Senate Education 1/30/17 Relating to the first day of the school year for public schools (deletes restriction for exemption; tax free dates 3rd Friday in Aug-Sun) SJR 24 – Referred to Senate Finance 1/30/17 Proposing a constitutional amendment providing for certain excess revenue to be dedicated toward contributions to state retirement systems, the health benefit plan for retired education employees and their dependents, the Texas tomorrow fund, the permanent school fund, and the permanent university fund.
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BILLS FILED BY OUR REPS:Van Taylor
SB 640 Referred to Senate Education 2/13/17 Relating to equal opportunity for access by home- schooled students to University Interscholastic League sponsored activities. SB 652 Referred to Committee on Senate State Affairs 2/14/17 Relating to the eligibility for service retirement annuities from the Employees Retirement System of Texas or the Teacher Retirement System of Texas of certain employees convicted of certain offenses. SB 653 Referred to Senate Education 2/14/17 Relating to improper relationships between educators or certain other school personnel and students.
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BILLS FILED BY OUR REPS:Van Taylor
SB 253 Referred to Senate Business & Commerce 1/30/17 Relating to investment prohibitions and divestment requirements for certain investments of public money. SB 444 Referred to Senate Education 2/06/17 Relating to school marshals for private schools. SB 478 Referred to Senate Education 2/06/17 Relating to a requirement that a school district or open-enrollment charter school terminate certain employees convicted of certain offenses. SB 579 Referred to Senate Education 2/06/17 Relating to the use of epinephrine auto-injectors on private school campuses and at or in transit to or from off-campus school events.
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BILLS FILED BY OUR REPS:Van Taylor
SB 778 Relating to the appointment of school marshals by public schools and the ammunition approved for use by a school marshal serving a public school or a public junior college.( ) SJR 21 Referred to committee on Senate State Affairs (1/30/17) Proposing a constitutional amendment providing that members of the legislature and the lieutenant governor will not receive a state salary or per diem during certain periods unless the legislature has passed the state's budget.
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Dr. Maroba Zoeller Chief Governmental Relations Officer (P) 972-236-0618 maroba_zoeller@allenisd.org
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