By: Hochberg H.B. No. 3646
A BILL TO BE ENTITLED
AN ACT
relating to public school finance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.402, Education Code, is amended by
adding Subsections (c-1), (c-2), (c-3), and (c-4) by amending
Subsections (d) and (g) to read as follows:
(c-1) Notwithstanding Subsection (a), for the 2009-2010 and
2010-2011 school years, each school district and open-enrollment
charter school shall use at least the amount specified in Section
42.2512(a)(1):
(1) to increase the salaries of classroom teachers,
full-time librarians, full-time counselors certified under
Subchapter B, full-time school nurses and full-time speech
pathologists;
(2) for any resulting increase in the district or
open-enrollment charter school contribution to the retirement
system required under 825.405, Government Code; and
(3) for any resulting increase in the district or
open-enrollment charter school contribution under the federal
Social Security Act.
(c-2) An increase in salary under Subsection (c-1) does not
include any amount to which an employee would have received for the
2009-2010 or 2010-2011 school year, as applicable, under the
district's salary schedule for the 2008-2009 school year, if that
schedule had been in effect for the 2009-2010 or 2010-2011 school
year, including any local supplement and any money representing a
career ladder supplement the employee would have received in the
2009-2010 or 2010-2011 school year.
(c-3) An increase in salary under Subsection (c-1) does not
include any part of the salary to which an employee is entitled
under Subsection (a).
(c-4) Subsections (c-1), (c-2), (c-3) and this subsection
expire September 1, 2011.
(d) A classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, [or] full-time school
nurse, or full-time speech pathologist employed by a school
district in the 2010-2011 [2006-2007] school year is, as long as the
employee is employed by the same district, entitled to a salary that
is at least equal to the salary the employee received for the
2010-2011 [2006-2007] school year.
(g) The commissioner may adopt rules to govern the
application of this section, including rules that:
(1) require the payment of a minimum salary under this
section to a person employed in more than one capacity for which a
minimum salary is provided and whose combined employment in those
capacities constitutes full-time employment; and
(2) specify the credentials a person must hold to be
considered a school nurse or speech pathologist under this section.
SECTION 2. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.018 to read as follows:
Sec. 29.018. SPECIAL EDUCATION GRANT. (a) From funds
appropriated for the purposes of this section, federal funds, or
any other funds available, the commissioner shall make grants
available to school districts to assist districts in covering the
cost of educating students with disabilities.
(b) A school district is eligible to apply for a grant under
this section if:
(1) the district does not receive sufficient funds,
including state funds provided under Section 42.151 and federal
funds, for a student with disabilities to pay for the special
education services provided to the student; or
(2) the district does not receive sufficient funds,
including state funds provided under Section 42.151 and federal
funds, for all students with disabilities in the district to pay for
the special education services provided to the students.
(c) A school district that applies for a grant under this
section must provide the commissioner with a report comparing the
state and federal funds received by the district for students with
disabilities and the expenses incurred by the district in providing
special education services to students with disabilities.
(d) Expenses that may be included by a school district in
applying for a grant under this section include the cost of training
personnel to provide special education services to a student with
disabilities.
(e) A school district that receives a grant under this
section must educate students with disabilities in the least
restrictive environment that is appropriate to meet the student's
educational needs.
(f) The commissioner shall adopt rules as necessary to
administer this section.
SECTION 3. Section 29.082, Education Code, is amended by
amending adding Subsections (h) to read as follows:
(h) The commission shall give priority to applications for
extended year programs to districts with high concentrations of
educationally disadvantaged students.
SECTION 4. Section 29.0822, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (e) to read
as follows:
(a) Notwithstanding Section 25.081 or 25.082, a school
district may apply to the commissioner to provide a flexible school
day program for students [in grades nine through 12] who:
(1) have dropped out of school or are at risk of
dropping out of school as defined by Section 29.081; [or]
(2) attend a campus that is implementing an innovative
redesign of the campus or an early college high school under a plan
approved by the commissioner; or
(3) as a result of attendance requirements under
Section 25.092, will be denied credit for one or more classes in
which the students have been enrolled.
(c) Except in the case of a course designed for a student
described by Subsection (a)(3), a [A] course offered in a program
under this section must provide for at least the same number of
instructional hours as required for a course offered in a program
that meets the required minimum number of instructional days under
Section 25.081 and the required length of school day under Section
25.082.
(e) A student described by Subsection (a)(3) may enroll in a
course in a program under this section offered during the school
year or during the period in which school is recessed for the
summer. The student may enroll in such a course to the extent
necessary for the student to earn class credit that, as a result of
attendance requirements under Section 25.092, the student would not
otherwise be able to receive without retaking the class.
SECTION 5. Section 29.085, Education Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) In distributing these funds, preference shall be given
to a school district that received funds for a program under this
section for the preceding school year. The program established
under this section is required only in school districts in which the
program is financed by funds appropriated for this purpose and any
other funds distributed by the commissioner for the program.
(f) To receive funds for this program, a school district
must apply to the commissioner. The commissioner shall give a
preference to the districts that apply that have the highest
concentration of students who are pregnant or who are parents.
SECTION 6. Subchapter A, Chapter 33, Education Code, is
amended by amending Section 33.002, and adding Section 33.008 and
33.009 to read as follows:
Sec. 33.002. CERTIFIED COUNSELOR. (a) This section
applies only to a school district that receives funds as provided by
this subchapter [Section 42.152(i)].
Sec. 33.008. A program established under this subchapter is
required only in school districts in which the program is financed
by funds appropriated for this purpose or other funds distributed
by the commissioner for a program under this subchapter. In
distributing these funds, preference shall be given to a school
district that received funds for a program under this subchapter
for the preceding school year.
Sec. 33.009. To receive funds for the program, a school
district must apply to the commissioner. The commissioner shall
give a preference to the districts that apply that have the highest
concentration of at-risk students. For each school year that a
school district receives funds under this subchapter the district
shall allocate an amount of local funds for school guidance and
counseling programs that is equal to or greater than the amount of
local funds that the school district allocated for that purpose
during the preceding school year.
SECTION 7. Section 39.031, Education Code, is amended to
read as follows:
Sec. 39.031. COST. [(a)] The cost of preparing,
administering, or grading the assessment instruments and [shall be
paid from the funds allotted under Section 42.152, and each
district shall bear the cost in the same manner described for a
reduction in allotments under Section 42.253. If a district does
not receive an allotment under Section 42.152, the commissioner
shall subtract the cost from the district's other foundation school
fund allotments.
[(b) The] the cost of releasing the question and answer keys
under Section 39.023(e) shall be paid from amounts appropriated to
the agency.
SECTION 8. Subsection (a), Section 41.002, Education Code
is amended to read as follows:
(a) A school district may not have a wealth per student that
exceeds:
(1) for a district with an effective maintenance and
operations tax rate of $1.06 or less, the wealth per student that
generates the amount of maintenance and operations tax revenue per
weighted student available to a district with a taxable value of
property per weighted student in daily attendance used to compute
the basic allotment under Section 42.101 [at the percentile in
wealth per student for the district's maintenance and operations
tax effort equal to or less than the rate equal to the product of the
state compression percentage, as determined under Section 42.2516,
multiplied by the maintenance and operations tax rate adopted by
the district for the 2005 tax year]; or
[(2) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student
available to the Austin Independent School District, as determined
by the commissioner in cooperation with the Legislative Budget
Board, for the first six cents by which the district's maintenance
and operations tax rate exceeds the rate equal to the product of the
state compression percentage, as determined under Section 42.2516,
multiplied by the maintenance and operations tax rate adopted by
the district for the 2005 tax year, subject to Section 41.093(b-1);
or]
[(3)] (2) for a district with an effective tax rate
that exceeds $1.06, $319,500[, for the district's maintenance and
operations tax effort that exceeds the first six cents by which the
district's maintenance and operations tax effort exceeds the rate
equal to the product of the state compression percentage, as
determined under Section 42.2516, multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year].
SECTION 9. Section 42.101, Education Code, is amended to
read as follows:
Sec. 42.101. BASIC ALLOTMENT. For each student in average
daily attendance, not including the time students spend each day in
special education programs in an instructional arrangement other
than mainstream or career and technology education programs, for
which an additional allotment is made under Subchapter C, a
district is entitled to an allotment in an amount equal to the
product of the amount per student per cent of tax effort available
to a district with a taxable value of property per weighted student
in daily attendance divided by_____, where the divisor represents
the approximate statewide local share of funding, which may be set
by appropriation, [specified by Section 42.302(a-1)(1)],
multiplied by the lesser of: [86. A greater amount for any school
year may be provided by appropriation.]
(1) the district's effective tax rate for maintenance
and operations multiplied by 100; or
(2) 100.
SECTION 10. Subsection (b), Section 42.102, Education Code,
is amended to read as follows:
(b) The cost of education adjustment is 93 percent of the
cost of education index adjustment adopted by the foundation school
fund budget committee and contained in Chapter 203, Title 19, Texas
Administrative Code, as that chapter existed on March 26, 1997.
SECTION 11. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.159 to read as follows:
Sec. 42.159. HIGH SCHOOL ALLOTMENT. A school district is
entitled to an amount equal to the product of $275 multiplied by the
number of students in average daily attendance in grades nine
through 12 in the district.
SECTION 12. Subsection (a), Section 42.2512, Education
Code, is amended to read as follows:
(a) A school district, including a school district that is
otherwise ineligible for state aid under this chapter, is entitled
to state aid in an amount, as determined by the commissioner, equal
to the difference, if any, between:
(1) an amount equal to the product of $_____ [$3,000]
multiplied by the number of classroom teachers, full-time
librarians, full-time counselors certified under Subchapter B,
Chapter 21, and full-time school nurses and full- full-time
librarians, full-time counselors certified under Subchapter B,
Chapter 21, and full-time school nurses and full-time speech
pathologists as designated by the commission under Section
41.402(g), employed by the district [and entitled to a minimum
salary under Section 21.402; and
(2) an amount equal to _____ [80] percent of the amount
of additional funds to which the district is entitled due to the
increases made by H.B. [S.B.] No. _____ [4], Acts of the 81st [76th]
Legislature, Regular Session, 2009 [1999], to:
(A) the equalized wealth level under Section
41.002;
(B) the basic allotment under Section 42.101; and
(C) the guaranteed level of state and local funds
per weighted student per cent of tax effort under Section 42.302.
SECTION 13. Section 42.2516, Education Code, is amended to
read as follows:
(a) The state compression rate is 66.67 percent. [In this
section, "state compression percentage" means the percentage, as
determined by the commissioner, of a school district's adopted
maintenance and operations tax rate for the 2005 tax year that
serves as the basis for state funding for tax rate reduction under
this section. The commissioner shall determine the state
compression percentage for each school year based on the percentage
by which a district is able to reduce the district's maintenance and
operations tax rate for that year, as compared to the district's
adopted maintenance and operations tax rate for the 2005 tax year,
as a result of state funds appropriated for distribution under this
section for that year from the property tax relief fund established
under Section 403.109, Government Code, or from another funding
source available for school district property tax relief.
[(a-1) Subsection (a) applies beginning with the state
fiscal year ending August 31, 2009. For the state fiscal year
ending August 31, 2007, the state compression percentage is 88.67
percent. For the state fiscal year ending August 31, 2008, the
state compression percentage is 66.67 percent. This subsection
expires September 1, 2009.]
(b) Subject to Subsections (b-1), (b-2), (f-1), and (g),
[and (h),] but notwithstanding any other provision of this title, a
school district is entitled to state revenue necessary to provide
the district with [the sum of:]
[(1)] the amount of state revenue necessary to
maintain state and local revenue per student in weighted average
daily attendance in the amount equal to [the greater of:]
[(A) the amount of] state and local revenue per
student in weighted average daily attendance for the maintenance
and operations of the district available to the district for the
2008-2009 [2005-2006] school year. [;
[(B) the amount of state and local revenue per
student in weighted average daily attendance for the maintenance
and operations of the district to which the district would have been
entitled for the 2006-2007 school year under this chapter, as it
existed on January 1, 2006, or, if the district would have been
subject to Chapter 41, as that chapter existed on January 1, 2006,
the amount to which the district would have been entitled under that
chapter, based on the funding elements in effect for the 2005-2006
school year, if the district imposed a maintenance and operations
tax at the rate adopted by the district for the 2005 tax year; or
[(C) the amount of state and local revenue per
student in weighted average daily attendance for the maintenance
and operations of the district to which the district would have been
entitled for the 2006-2007 school year under this chapter, as it
existed on January 1, 2006, or, if the district would have been
subject to Chapter 41, as that chapter existed on January 1, 2006,
the amount to which the district would have been entitled under that
chapter, based on the funding elements in effect for the 2005-2006
school year, if the district imposed a maintenance and operations
tax at the rate equal to the rate described by Section 26.08(i) or
(k)(1), Tax Code, as applicable, for the 2006 tax year;
[(2) an amount equal to the product of $2,500
multiplied by the number of classroom teachers, full-time
librarians, full-time counselors certified under Subchapter B,
Chapter 21, and full-time school nurses employed by the district
and entitled to a minimum salary under Section 21.402; and
[(3) an amount equal to the product of $275 multiplied
by the number of students in average daily attendance in grades nine
through 12 in the district.]
(b-1) The amount determined for a school district under
Subsection (b) is increased or reduced as follows:
(1) if for any school year the district is entitled to
a greater allotment under Section 42.158 than the allotment to
which the district was entitled under that section for the
2008-2009 school year [on which the district's entitlement under
Subsection (b) is based], the district's entitlement under
Subsection (b) is increased by an amount equal to the difference
between the amount to which the district is entitled under Section
42.158 for that school year and the amount to which the district was
entitled under that section for the 2008-2009 school year [:
[(A) the 2005-2006 school year, if the amount
determined for the district under Subsection (b) is determined
under Subsection (b)(1)(A); or
[(B) the 2006-2007 school year, if the amount
determined for the district under Subsection (b) is determined
under Subsection (b)(1)(B) or (C)]; and
(2) if for any school year the district is not entitled
to an allotment under Section 42.158 or is entitled to a lesser
allotment under that section than the allotment to which the
district was entitled under that section for the 2008-2009 school
year [on which the district's entitlement under Subsection (b) is
based], the district's entitlement under Subsection (b) is reduced
by an amount equal to the difference between the amount to which the
district was entitled under Section 42.158 for the 2008-2009
[2005-2006 or 2006-2007] school year [, as appropriate based on
whether the district's entitlement under Subsection (b) is
determined under Subsection (b)(1)(A), (B), or (C),] and the amount
to which the district is entitled under Section 42.158 for the
current school year.
(b-2) The amount determined for a school district under
Subsection (b) is increased or reduced as follows:
(1) if for any school year the district is entitled to
a greater allotment under Section 42.155 or greater additional
state aid under Section 42.2515 than the allotment or additional
state aid to which the district was entitled under Section 42.155 or
42.2515, as applicable, for the 2008-2009 school year [on which the
district's entitlement under Subsection (b) is based], the
district's entitlement under Subsection (b) is increased by an
amount equal to the difference between the amount to which the
district is entitled under Section 42.155 or 42.2515, as
applicable, for that school year and the amount to which the
district was entitled under the applicable section for the
2008-2009 school year [, as applicable for:
[(A) the 2005-2006 school year, if the amount
determined for the district under Subsection (b) is determined
under Subsection (b)(1)(A); or
[(B) the 2006-2007 school year, if the amount
determined for the district under Subsection (b) is determined
under Subsection (b)(1)(B) or (C)]; and
(2) if for any school year the district is not entitled
to an allotment under Section 42.155 or additional state aid under
Section 42.2515 or is entitled to a lesser allotment or less
additional state aid under the applicable section than the
allotment or additional state aid to which the district was
entitled under the applicable section for the 2008-2009 school year
[on which the district's entitlement under Subsection (b) is
based], the district's entitlement under Subsection (b) is reduced
by an amount equal to the difference between the amount to which the
district was entitled under Section 42.155 or 42.2515, as
applicable, for the 2008-2009 [2005-2006 or 2006-2007] school year,
[as appropriate based on whether the district's entitlement under
Subsection (b) is determined under Subsection (b)(1)(A), (B), or
(C),] and the amount to which the district is entitled under the
applicable section for the current school year.
(c) In determining the amount to which a district is
entitled under Subsection (b)(1), the commissioner shall include:
(1) any amounts received by the districts during the
2008-2009 school year [described by] Rider 86 [69], page III-24
[III-19], Chapter 1428 [1369], Acts of the 80th [79th] Legislature,
Regular Session, 2007 [2005] (the General Appropriations Act);
(2) for a school district that received additional
revenue for the 2008-2009 [2005-2006] school year as a result of an
agreement under Subchapter E, Chapter 41:
(A) if the amount of state revenue to which the
district is entitled under Subsection (b) is computed based on the
amount described by Subsection (b)(1)(A), the amount of that
additional revenue retained by the district for the 2008-2009
[2005-2006] school year, which is the amount by which the total
maintenance and operations revenue available to the district for
that school year exceeded the total maintenance and operations
revenue that would have been available to the district for that
school year if the district had not entered into the agreement, less
any amount the district paid to another entity under the agreement;
[or
[(B) if the amount of state revenue to which the
district is entitled under Subsection (b) is computed based on the
amount described by Subsection (b)(1)(B) or (C), the amount of the
additional revenue that would have been retained by the district
for the 2006-2007 school year if the district had entered into the
agreement on the same terms as under the agreement for the 2005-2006
school year, which is the amount by which the total maintenance and
operations revenue that would have been available to the district
for the 2006-2007 school year if the district had entered into the
agreement exceeds the total maintenance and operations revenue that
would have been available to the district for that school year if
the district had not entered into the agreement and had imposed a
maintenance and operations tax at the rate of $1.50 on the $100
valuation of taxable property, less any amount the district would
have paid to another entity under the agreement;]
(3) any amount necessary to reflect an adjustment made
by the commissioner under Section 42.005;
(4) any amount necessary to reflect an adjustment made
by the commissioner under Section 42.2521; and
(5) any amount necessary to reflect an adjustment made
by the commissioner under Section 42.2531.
(d) If, for the 2008-2009 [2006-2007] or a subsequent school
year, a school district enters into an agreement under Subchapter
E, Chapter 41, the commissioner shall reduce the amount of state
revenue to which the district is entitled under Subsection (b) for
that school year by an amount equal to any additional revenue for
that school year that the district receives and retains as a result
of that agreement, which is the amount by which the total
maintenance and operations revenue available to the district
exceeds the total maintenance and operations revenue that would
have been available to the district if the district had not entered
into the agreement and had imposed a maintenance and operations tax
at the maximum rate permitted under Section 45.003(d), less any
amount the district pays to another entity under the agreement.
(e) The amount of revenue to which a school district is
entitled because of the technology allotment under Section 32.005
is not included in making a determination under Subsection (b)(1).
(f) For purposes of determining the amount of revenue to
which a school district is entitled under this section, the
commissioner shall use the average tax collection rate for the
district for the 2006, 2007, and 2008 [2003, 2004, and 2005] tax
years.
(f-1) The commissioner shall, in accordance with rules
adopted by the commissioner, adjust the amount of a school
district's local revenue derived from maintenance and operations
tax collections, as calculated for purposes of determining the
amount of state revenue to which the district is entitled under this
section, if the district, for the 2010 [2007] tax year or a
subsequent tax year:
(1) adopts an exemption under Section 11.13(n), Tax
Code, that was not in effect for the 2009 [2005 or 2006] tax year, or
eliminates an exemption under Section 11.13(n), Tax Code, that was
in effect for the 2009 [2005 or 2006] tax year;
(2) adopts an exemption under Section 11.13(n), Tax
Code, at a greater or lesser percentage than the percentage in
effect for the district for the 2009 [2005 or 2006] tax year;
(3) grants an exemption under an agreement authorized
by Chapter 312, Tax Code, that was not in effect for the 2009 [2005
or 2006] tax year, or ceases to grant an exemption authorized by
that chapter that was in effect for the 2009 [2005 or 2006] tax
year; or
(4) agrees to deposit taxes into a tax increment fund
created under Chapter 311, Tax Code, under a reinvestment zone
financing plan that was not in effect for the 2009 [2005 or 2006]
tax year, or ceases depositing taxes into a tax increment fund
created under that chapter under a reinvestment zone financing plan
that was in effect for the 2009 [2005 or 2006] tax year.
SECTION 14. Subchapter F, Chapter 42, Education Code, is
amended by adding Section 42.3021 to read as follows:
Sec. 42.3021 INCREASED YIELD ON LAST ADOPTED SIX CENTS IN
TAX RATE. (a) In addition to sum of the school district's
allotments under Subchapters B and C, and the guaranteed yield
amount under Section 42.302, a district is guaranteed an additional
amount calculated by increasing the yield on the district's last
adopted six cents of effective tax rate for maintenance and
operations to the amount of district tax revenue per weighted
student per cent of tax effort available to the Austin Independent
School District, as determined by the commissioner in cooperation
with the Legislative Budget Board, or the amount of district tax
revenue per weighted student per cent of tax effort used for
purposes of this section in the preceding school year. This section
applies whether the cents of tax rate are within the basic allotment
under Subchapters B and C, or within the guaranteed yield allotment
under Section 42.302.
(a-1) Subsection (a) applies beginning with the 2010-2011
school year. This subsection and subsection (a-2) expire September
1, 2010.
(a-2) In addition to sum of the school district's allotments
under Subchapters B and C, and the guaranteed yield amount under
Section 42.302, a district is guaranteed an additional amount
calculated by increasing the yield on the district's last adopted
six cents of effective tax rate for maintenance and operations to
the amount of district tax revenue per weighted student per cent of
tax effort available to the Austin Independent School District, as
determined by the commissioner in cooperation with the Legislative
Budget Board. guaranteed yield allotment under Section 42.302.
SECTION 15. Subsection (a), Section 42.252, Education Code,
is amended to read as follows:
(a) Each school district's share of the Foundation School
Program is determined by the following formula:
LFA = TR X DPV
where:
"LFA" is the school district's local share;
"TR" is a tax rate which for each hundred dollars of valuation
is an effective tax rate of $0.86; and
"DPV" is the taxable value of property in the school district
for the current [preceding] tax year determined under Subchapter M,
Chapter 403, Government Code.
SECTION 16. Subsection (a), Section 42.302, Education Code,
is amended to read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over $1.00 [that required for the district's local fund
assignment] up to the maximum level specified in this subchapter.
The amount of state support, subject only to the maximum amount
under Section 42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is an
amount described by Subsection (a-1) or a greater amount for any
year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation, and any allotment under
Sections [Section] 42.158 or 42.159, [and 50 percent of the
adjustment under Section 42.102,] by the basic allotment for the
applicable year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100; and
"LR" is the local revenue, which is determined by multiplying
"DTR" by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521, divided by 100.
SECTION 17. Effective September 1, 2009, Section
42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and
1191 (H.B. 828), Acts of the 80th Legislature, Regular Session,
2007, is reenacted and amended to read as follows:
(a-1) In this section, "wealth per student" has the meaning
assigned by Section 41.001. For purposes of Subsection (a), the
dollar amount guaranteed level of state and local funds per
weighted student per cent of tax effort ("GL") for a school district
is $31.95[:
[(1) the amount of district tax revenue per weighted
student per cent of tax effort available to a district at the 88th
percentile in wealth per student, as determined by the commissioner
in cooperation with the Legislative Budget Board, for the
district's maintenance and operations tax effort equal to or less
than the rate equal to the product of the state compression
percentage, as determined under Section 42.2516, multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year;
[(2) the amount of district tax revenue per weighted
student per cent of tax effort that would be available to the Austin
Independent School District, as determined by the commissioner in
cooperation with the Legislative Budget Board, if the reduction of
the limitation on tax increases as provided by Section 11.26(a-1),
(a-2), or (a-3), Tax Code, did not apply, for the first six cents by
which the district's maintenance and operations tax rate exceeds
the rate equal to the product of the state compression percentage,
as determined under Section 42.2516 and notwithstanding the
limitation on district enrichment tax rate ("DTR") under Section
42.303, multiplied by the maintenance and operations tax rate
adopted by the district for the 2005 tax year; and
[(3) $31.95, for the district's maintenance and
operations tax effort that exceeds the amount of tax effort
described by Subdivision (2)].
SECTION 18. Effective September 1, 2010, Section
42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and
1191 (H.B. 828), Acts of the 80th Legislature, Regular Session,
2007, is reenacted and amended to read as follows:
(a-1) In this section, "wealth per student" has the meaning
assigned by Section 41.001. For purposes of Subsection (a), the
dollar amount guaranteed level of state and local funds per
weighted student per cent of tax effort ("GL") for a school district
is $31.95[:
[(1) the amount of district tax revenue per weighted
student per cent of tax effort available to a district at the 88th
percentile in wealth per student, as determined by the commissioner
in cooperation with the Legislative Budget Board, for the
district's maintenance and operations tax effort equal to or less
than the rate equal to the product of the state compression
percentage, as determined under Section 42.2516, multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year;
[(2) the greater of the amount of district tax revenue
per weighted student per cent of tax effort available to the Austin
Independent School District, as determined by the commissioner in
cooperation with the Legislative Budget Board, or the amount of
district tax revenue per weighted student per cent of tax effort
used for purposes of this subdivision in the preceding school year,
for the first six cents by which the district's maintenance and
operations tax rate exceeds the rate equal to the product of the
state compression percentage, as determined under Section 42.2516,
multiplied by the maintenance and operations tax rate adopted by
the district for the 2005 tax year; and
[(3) $31.95, for the district's maintenance and
operations tax effort that exceeds the amount of tax effort
described by Subdivision (2).
SECTION 19. Section 42.303, Education Code, is amended to
read as follows:
Sec. 42.303. LIMITATION ON ENRICHMENT TAX RATE. The
district enrichment tax rate ("DTR") under Section 42.302 may not
exceed the amount per $100 of valuation by which the maximum rate
permitted under Section 45.003 exceeds the rate $1.00 [of $0.86, or
a greater amount for any year provided by appropriation].
SECTION 20. REPEALERS. (a) Section 41.002, Education
Code, Subsections (e), (f), and (g), are repealed.
(b) Section 41.102, Education Code, Subsection (e) is
repealed.
(c) Section 41.152, Education Code, Subsections (e), (f),
(g), (h), (i), (j), (k), (l), (m), (n), (o), (p), and (u) are
repealed.
(d) Section 42.2511, Section 42.2513, Section 42.2514,
Education Code, are repealed.
(e) Section 42.2516, Subsections (a-1) and (h), Education
Code, are repealed.
SECTION 21. This Act applies beginning with the 2009-2010
school year.
SECTION 22. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2009.