Texas Education Code 49.011 – Contingency
(a) If any of the options described by § 49.002 as applied to a school district are held invalid by a final decision of a court of competent jurisdiction, a school district is entitled to exercise any of the remaining valid options in accordance with a schedule approved by the commissioner.
(b) If a final order of a court of competent jurisdiction should hold each of the options provided by § 49.002 invalid, the commissioner shall act under Subchapter G or H to reduce the local revenue level in excess of entitlement only after notice and hearing is afforded to each school district affected by the order. The commissioner shall adopt a plan that least disrupts the affected school districts. If because the exigency to adopt a plan prevents the commissioner from giving a reasonable time for notice and hearing, the commissioner shall timely give notice to and hold a hearing for the affected school districts, but in no event less than 30 days from time of notice to the date of hearing.
Terms Used In Texas Education Code 49.011
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(c) If a final order of a court of competent jurisdiction should hold an option provided by § 49.002 invalid and order a refund to a district of any amounts paid by a district choosing that option, the amount shall be refunded but held in reserve and not expended by the district until released by order of the commissioner. The commissioner shall order the release immediately on the commissioner’s determination that, through one of the means provided by law, the district has reduced the district’s local revenue level in excess of entitlement to the level established under § 48.257. The amount released shall be deducted from any state aid payable to the district according to a schedule adopted by the commissioner.