The HillCo Client Advisory reported that on July 1st, the U.S. House passed its version of the FY 2010 Defense Supplemental bill, HR 4899 which included a Texas provision drafted by U.S. Rep. Lloyd Doggett (D-Austin) that would have restricted how the Texas Legislature can spend future federal education dollars. Although that provision was struck from the bill, the provision was then attached to a Senate bill on the modernization of the Federal Aviation Administration HR 1586.
The provision requires the State of Texas to provide a certain level of state funding which may be prohibited by the Texas Constitution. Doggett has voiced his concerns on how education stimulus funds were spent during the recent biennium budget.
Doggett faces wide partisan opposition in his efforts. In response, Doggett has stated: “What we’re witnessing is the fact they want another blank check to the state of Texas, to be spent however they want to spend it.” He further stated in recent media interviews that the amendment insists that federal dollars go to local education purposes.
There are several varying interpretations on how the amendment will impact Texas. Some insiders point out the amendment was drafted in such way that Texas would not be eligible to receive any of the funds because the Governor does not have the authority to commit the Texas legislature to any specific appropriation amount. Others have insisted there is not a legal impediment to meeting the requirements set out under the provision.
The amendment as currently written appears to have funds distributed through Title I formula instead of state funding formulas which could result in over 800 school districts receiving considerably less funding according to the Texas Education Agency (TEA). The TEA estimates what Texas’ share of the $10 billion would be and has performed runs to determine how specific districts would be impacted. That document has been attached.
As noted above, HR 1586 passed the U.S. House (247-161). The bill will now head to the President.
