By: Hochberg, Eissler, Aycock, Pitts, H.B. No. 3646
Patrick, et al.
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 7.024(a), Education Code, is amended to
read as follows:
(a) The investment capital fund consists of money
appropriated for purposes of [transferred to] the fund [as provided
by Section 42.152(l)]. The agency shall administer the fund. The
purposes of this fund are to assist eligible public schools to
implement practices and procedures consistent with deregulation
and school restructuring in order to improve student achievement
and to help schools identify and train parents and community
leaders who will hold the school and the school district
accountable for achieving high academic standards.
SECTION 2. Sections 7.062(a) and (c), Education Code, are
amended to read as follows:
(a) In this section, "wealth per student" means a school
district's taxable value of property for the current tax year as
determined under Subchapter M, Chapter 403, Government Code, [or,
if applicable, Section 42.2521,] divided by the district's average
daily attendance as determined under Section 42.005.
(c) Except as otherwise provided by this subsection, if the
commissioner certifies that the amount appropriated for a state
fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds
the amount to which school districts are entitled under those
subchapters for that year, the commissioner shall use the excess
funds, in an amount not to exceed $20 million in any state fiscal
year, for the purpose of making grants under this section. The use
of excess funds under this subsection has priority over any
provision of Chapter 42 that permits or directs the use of excess
foundation school program funds, including Sections 42.2517,
[42.2521,] 42.2522, and 42.2531. The commissioner is required to
use excess funds as provided by this subsection only if the
commissioner is not required to reduce the total amount of state
funds allocated to school districts under Section 42.253(h).
SECTION 3. Section 12.106, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A charter holder is entitled to receive for the
open-enrollment charter school funding under Chapter 42 equal to
the greater of:
(1) the amount of funding per student in weighted
average daily attendance, excluding enrichment funding under
Sections 42.302(a-1)(2) and (3), as they existed on January 1,
2009, received for the school during the 2008-2009 school year and
an additional amount of $100 for each student in weighted average
daily attendance; or
(2) the amount of funding per student in weighted
average daily attendance, excluding enrichment funding under
Section 42.302(a), to which the charter holder would be entitled
for the school under Chapter 42 [as] if the school were a school
district without a tier one local share for purposes of Section
42.253 and without any local revenue [("LR")] for purposes of
Section 42.2516 [42.302].
(a-1) In determining funding for an open-enrollment charter
school under Subsection (a)(2), adjustments under Sections 42.102,
42.103, 42.104, and 42.105 [and the district enrichment tax rate
("DTR") under Section 42.302] are based on the average adjustment
[and average district enrichment tax rate] for the state.
(a-2) In addition to the funding provided by Subsection (a),
a charter holder is entitled to receive for the open-enrollment
charter school enrichment funding under Section 42.302(a) based on
the state average tax effort.
SECTION 4. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1331 to read as follows:
Sec. 12.1331. WAGE INCREASE FOR CERTAIN PROFESSIONAL STAFF.
(a) This section applies to a charter holder that on January 1,
2009, operated an open-enrollment charter school.
(b) Beginning with the 2009-2010 school year, each charter
holder shall increase the monthly salary of each classroom teacher,
full-time speech pathologist, full-time librarian, full-time
counselor, and full-time school nurse employed by the charter
holder at an open-enrollment charter school by the greater of:
(1) $80; or
(2) the maximum uniform amount that, when combined
with any resulting increases in the amount of contributions made by
the charter holder for social security coverage for the specified
employees or by the charter holder on behalf of the specified
employees under Section 825.405, Government Code, may be provided
using 50 percent of any additional funding received by the charter
holder as a result of changes made by H.B. No. 3646, Acts of the 81st
Legislature, Regular Session, 2009, to Chapters 41 and 42 over the
funding the charter holder would have received under Chapter 42, as
it existed on January 1, 2009, as determined by the commissioner.
(c) A payment under Subsection (b) is in addition to wages
the charter holder would otherwise pay the employee during the
school year.
SECTION 5. Effective September 1, 2009, Section 21.402,
Education Code, is amended by amending Subsections (a), (d), and
(g) and adding Subsections (c-1), (c-2), (c-3), and (c-4) to read as
follows:
(a) Except as provided by Subsection (d), (e), or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly salary,
based on the employee's level of experience in addition to other
factors, as determined by commissioner rule, determined by the
following formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection
(c); and
"FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student,
including funds provided under Section 42.2516 [42.2516(b)(1)(B),
but not funds provided under Section 42.2516(b)(1)(A), (b)(1)(C),
(b)(2), or (b)(3)], available to a district eligible to receive
state assistance under Section 42.302 with a maintenance and
operations tax rate per $100 of taxable value equal to the product
of the state compression percentage, as determined under Section
42.2516, multiplied by $1.50, except that the amount of state and
local funds per weighted student does not include the amount
attributable to the increase in the guaranteed level made by
Chapter 1187, Acts of the 77th Legislature, Regular Session, 2001.
(c-1) Notwithstanding Subsection (a), for the 2009-2010 and
2010-2011 school years, each school district shall increase the
monthly salary of each classroom teacher, full-time speech
pathologist, full-time librarian, full-time counselor certified
under Subchapter B, and full-time school nurse by the greater of:
(1) $80; or
(2) the maximum uniform amount that, when combined
with any resulting increases in the amount of contributions made by
the district for social security coverage for the specified
employees or by the district on behalf of the specified employees
under Section 825.405, Government Code, may be provided using 50
percent of any additional funding received by the district as a
result of changes made by H.B. No. 3646, Acts of the 81st
Legislature, Regular Session, 2009, to Chapters 41 and 42 over the
funding to which the district would have been entitled under
Chapters 41 and 42, as those chapters existed on January 1, 2009, at
the maintenance and operations tax rate equal to the rate adopted by
the district for the 2008-2009 school year, as determined by the
commissioner.
(c-2) An increase in salary under Subsection (c-1) does not
include:
(1) any amount 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; or
(2) any part of the salary to which an employee is
entitled under Subsection (a).
(c-3) Subsections (c-1) and (c-2) and this subsection
expire September 1, 2011.
(c-4) Notwithstanding any other provision of this section,
the salary factor for purposes of this section for an employee with
21 or more years of experience is 1.0217.
(d) A classroom teacher, full-time speech pathologist,
full-time librarian, full-time counselor certified under
Subchapter B, or full-time school nurse 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 speech pathologist or school nurse under this section.
SECTION 6. Effective September 1, 2010, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 and over Years Experience 21 22 and over
Years Experience 21 22 and over
Salary Factor 1.0217 1.0344 Salary Factor 1.0217 1.0344
Salary Factor 1.0217 1.0344
SECTION 7. Effective September 1, 2011, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 and over Years Experience 21 22 23 and over
Years Experience 21 22 23 and over
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
SECTION 8. Effective September 1, 2012, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 and over Years Experience 24 and over
Years Experience 24 and over
Salary Factor 1.0598 Salary Factor 1.0598
Salary Factor 1.0598
SECTION 9. Effective September 1, 2013, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 and over Years Experience 24 25 and over
Years Experience 24 25 and over
Salary Factor 1.0598 1.0725 Salary Factor 1.0598 1.0725
Salary Factor 1.0598 1.0725
SECTION 10. Effective September 1, 2014, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 and over Years Experience 24 25 26 and over
Years Experience 24 25 26 and over
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
SECTION 11. Effective September 1, 2015, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 Years Experience 24 25 26
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 and over Years Experience 27 and over
Years Experience 27 and over
Salary Factor 1.0979 Salary Factor 1.0979
Salary Factor 1.0979
SECTION 12. Effective September 1, 2016, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 Years Experience 24 25 26
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 and over Years Experience 27 28 and over
Years Experience 27 28 and over
Salary Factor 1.0979 1.1106 Salary Factor 1.0979 1.1106
Salary Factor 1.0979 1.1106
SECTION 13. Effective September 1, 2017, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 Years Experience 24 25 26
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29 and over Years Experience 27 28 29 and over
Years Experience 27 28 29 and over
Salary Factor 1.0979 1.1106 1.1233 Salary Factor 1.0979 1.1106 1.1233
Salary Factor 1.0979 1.1106 1.1233
SECTION 14. Effective September 1, 2018, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 Years Experience 24 25 26
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29 Years Experience 27 28 29
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233 Salary Factor 1.0979 1.1106 1.1233
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 and over Years Experience 30 and over
Years Experience 30 and over
Salary Factor 1.1360 Salary Factor 1.1360
Salary Factor 1.1360
SECTION 15. Effective September 1, 2019, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 Years Experience 24 25 26
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29 Years Experience 27 28 29
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233 Salary Factor 1.0979 1.1106 1.1233
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 and over Years Experience 30 31 and over
Years Experience 30 31 and over
Salary Factor 1.1360 1.1487 Salary Factor 1.1360 1.1487
Salary Factor 1.1360 1.1487
SECTION 16. Effective September 1, 2020, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 Years Experience 24 25 26
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29 Years Experience 27 28 29
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233 Salary Factor 1.0979 1.1106 1.1233
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 32 and over Years Experience 30 31 32 and over
Years Experience 30 31 32 and over
Salary Factor 1.1360 1.1487 1.1614 Salary Factor 1.1360 1.1487 1.1614
Salary Factor 1.1360 1.1487 1.1614
SECTION 17. Effective September 1, 2021, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 Years Experience 24 25 26
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29 Years Experience 27 28 29
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233 Salary Factor 1.0979 1.1106 1.1233
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 32 Years Experience 30 31 32
Years Experience 30 31 32
Salary Factor 1.1360 1.1487 1.1614 Salary Factor 1.1360 1.1487 1.1614
Salary Factor 1.1360 1.1487 1.1614
Years Experience 33 and over Years Experience 33 and over
Years Experience 33 and over
Salary Factor 1.1741 Salary Factor 1.1741
Salary Factor 1.1741
SECTION 18. Effective September 1, 2022, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 Years Experience 24 25 26
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29 Years Experience 27 28 29
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233 Salary Factor 1.0979 1.1106 1.1233
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 32 Years Experience 30 31 32
Years Experience 30 31 32
Salary Factor 1.1360 1.1487 1.1614 Salary Factor 1.1360 1.1487 1.1614
Salary Factor 1.1360 1.1487 1.1614
Years Experience 33 34 and over Years Experience 33 34 and over
Years Experience 33 34 and over
Salary Factor 1.1741 1.1868 Salary Factor 1.1741 1.1868
Salary Factor 1.1741 1.1868
SECTION 19. Effective September 1, 2023, Section 21.402,
Education Code, is amended by adding Subsection (c-4) to read as
follows:
(c-4) Notwithstanding any other provision of this section,
the salary factors per step for purposes of this section for an
employee with 21 or more years of experience are as follows:
Years Experience 21 22 23 Years Experience 21 22 23
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471 Salary Factor 1.0217 1.0344 1.0471
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 Years Experience 24 25 26
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852 Salary Factor 1.0598 1.0725 1.0852
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29 Years Experience 27 28 29
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233 Salary Factor 1.0979 1.1106 1.1233
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 32 Years Experience 30 31 32
Years Experience 30 31 32
Salary Factor 1.1360 1.1487 1.1614 Salary Factor 1.1360 1.1487 1.1614
Salary Factor 1.1360 1.1487 1.1614
Years Experience 33 34 35 and over Years Experience 33 34 35 and over
Years Experience 33 34 35 and over
Salary Factor 1.1741 1.1868 1.1995 Salary Factor 1.1741 1.1868 1.1995
Salary Factor 1.1741 1.1868 1.1995
SECTION 20. Effective September 1, 2009, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 21 [20] is reached.
SECTION 21. Effective September 1, 2010, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 22 [20] is reached.
SECTION 22. Effective September 1, 2011, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 23 [20] is reached.
SECTION 23. Effective September 1, 2012, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 24 [20] is reached.
SECTION 24. Effective September 1, 2013, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 25 [20] is reached.
SECTION 25. Effective September 1, 2014, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 26 [20] is reached.
SECTION 26. Effective September 1, 2015, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 27 [20] is reached.
SECTION 27. Effective September 1, 2016, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 28 [20] is reached.
SECTION 28. Effective September 1, 2017, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 29 [20] is reached.
SECTION 29. Effective September 1, 2018, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 30 [20] is reached.
SECTION 30. Effective September 1, 2019, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 31 [20] is reached.
SECTION 31. Effective September 1, 2020, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 32 [20] is reached.
SECTION 32. Effective September 1, 2021, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 33 [20] is reached.
SECTION 33. Effective September 1, 2022, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 34 [20] is reached.
SECTION 34. Effective September 1, 2023, Section 21.403(a),
Education Code, is amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one step on the minimum salary schedule under Section 21.402 for
each year of experience as a teacher, librarian, counselor, or
nurse until step 35 [20] is reached.
SECTION 35. Section 21.415(a), Education Code, is amended
to read as follows:
(a) A school district shall provide in employment contracts
that qualifying employees may receive an incentive payment under an
awards program established under Subchapter [N or] O if the
district participates in the program.
SECTION 36. Sections 21.703(a) and (d), Education Code, are
amended to read as follows:
(a) Each state fiscal year, the commissioner shall deposit
an amount determined by the General Appropriations Act [the sum of
$1,000 multiplied by the number of classroom teachers in this
state] to the credit of the educator excellence fund in the general
revenue fund. Each state fiscal year, the agency shall use[:
[(1) not more than $100 million of the funds in the
educator excellence fund to provide grant awards under the awards
for student achievement program established under Subchapter N; and
[(2) any remaining] funds in the educator excellence
fund to provide a qualifying school district a grant in an amount
determined by:
(1) [(A)] dividing the amount of [remaining] money
available for distribution in the educator excellence fund by the
total number of students in weighted average daily attendance in
qualifying districts for that fiscal year; and
(2) [(B)] multiplying the amount determined under
Subdivision (1) [Paragraph (A)] by the number of students in
weighted average daily attendance in the district.
(d) Notwithstanding Subsection (a) [or (b)], the agency may
use funds in the educator excellence fund as necessary to conduct or
contract with another entity to conduct the evaluation required
under Section 21.706. This subsection expires June 1, 2011.
SECTION 37. Section 21.704, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) A local awards plan must provide for teachers and
principals eligible to receive awards under the plan to be notified
of the specific criteria and any formulas on which the awards will
be based before the beginning of the period on which the awards will
be based.
SECTION 38. Section 21.705, Education Code, is amended to
read as follows:
Sec. 21.705. AWARD PAYMENTS. A school district must use at
least 30 [60] percent of grant funds awarded to the district under
this subchapter to directly award classroom teachers who
effectively improve student achievement as determined by
meaningful, objective measures. The remaining funds must be used
only to:
(1) recruit and retain highly qualified teachers and
principals for campuses serving a disproportionately high number of
economically disadvantaged students or students of limited English
proficiency, as defined by Section 29.052;
(2) recruit and retain teachers certified under
Subchapter B in mathematics, science, special education, bilingual
education, or English as a second language;
(3) provide teacher induction and mentoring support;
or
(4) provide funding for previously developed
incentive programs [provide stipends to effective mentors or
teacher coaches;
[(2) provide stipends to classroom teachers who are
certified in a subject that is designated by the commissioner as
commonly experiencing a critical shortage of teachers;
[(3) provide stipends to classroom teachers who are
certified under Subchapter B in the main subject area in which they
teach;
[(4) provide stipends to classroom teachers with
proven records of success for improving student performance who are
assigned to campuses at which the district has experienced
difficulty assigning or retaining teachers;
[(5) provide stipends to classroom teachers who hold
postgraduate degrees;
[(6) provide awards to principals who effectively
increase student performance as determined by objective measures;
[(7) provide awards to other campus employees who
demonstrate excellence; or
[(8) implement the components of a Teacher Advancement
Program (TAP), including:
[(A) an instructionally focused accountability
system; and
[(B) the adjustment of teaching schedules to
permit ongoing applied professional growth].
SECTION 39. Section 21.706(a), Education Code, is amended
to read as follows:
(a) Using funds from the educator excellence fund created
under Section 21.703, the agency shall conduct or contract with
another entity to conduct a comprehensive evaluation of the [awards
for student achievement program established under Subchapter N and
the educator excellence awards] program [established under this
subchapter]. The evaluation must include:
(1) a descriptive analysis of the design and
implementation of the [awards for student achievement program and
the educator excellence awards] program at participating campuses
or school districts, including detailed descriptions of the models
and approaches used by the campuses or districts in distributing
incentive awards to classroom teachers;
(2) detailed information regarding the distribution
of incentive awards to classroom teachers under the [awards for
student achievement program and the educator excellence awards]
program, including the measurements used by the campuses or
districts in determining the amounts of incentive awards to
distribute to classroom teachers;
(3) a comprehensive, quantitative analysis of the
impact of the [awards for student achievement program and the
educator excellence awards] program at participating campuses or
districts, including the impact of the various incentive award
distribution models used by the campuses or districts on key
outcomes in the program [programs]; and
(4) a summary of the approaches used by participating
campuses or districts in distributing grant funds that are not
specifically designated for distribution as incentive awards for
classroom teachers and an assessment of whether those funds are
used effectively by the participating campuses or districts.
SECTION 40. Section 21.707, Education Code, is amended to
read as follows:
Sec. 21.707. RULES. The commissioner shall adopt rules
necessary to administer this subchapter. The rules may not
establish additional criteria for local awards plans other than
those established by this subchapter, except as necessary to
provide financial accountability for the grants.
SECTION 41. 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 42. Section 29.082, Education Code, is amended by
adding Subsection (h) to read as follows:
(h) The commissioner shall give priority to applications
for extended year programs to districts with high concentrations of
educationally disadvantaged students.
SECTION 43. Section 29.0822, Education Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsection (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.
(d) The commissioner may adopt rules for the administration
of this section, including rules establishing application
requirements. The commissioner shall calculate average daily
attendance for students served under this section. The
commissioner shall allow accumulations of hours of instruction for
students whose schedule would not otherwise allow full state
funding. Funding under this subsection shall be determined based
on the number of instructional days in the school district calendar
and a seven-hour school day, but attendance may be cumulated over a
school year, including any summer or vacation session. The
attendance of students who accumulate less than the number of
attendance hours required under this subsection shall be
proportionately reduced for funding purposes. The commissioner
may:
(1) set maximum funding amounts for an individual
course under this section; and
(2) limit funding for the attendance of a student
described by Subsection (a)(3) in a course under this section to
funding only for the attendance 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.
(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
to enable 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 44. Section 29.085, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) From funds appropriated for the purpose, the
commissioner shall distribute funds for programs under this
section. In distributing those funds, the commissioner shall give
preference to school districts that received funds for a program
under this section for the preceding school year and then to the
districts that have the highest concentration of students who are
pregnant or who are parents. To receive funds for a program under
this section, a school district must apply to the commissioner. A
program established under this section is required only in school
districts in which the program is financed by funds distributed
under this subsection and any other funds available for the
program.
SECTION 45. Section 29.097(g), Education Code, is amended
to read as follows:
(g) For purposes of Subsection (f)(2), a school district is
encouraged to use funds allocated under Section 42.160
[42.2516(b)(3)].
SECTION 46. Section 29.098(h), Education Code, is amended
to read as follows:
(h) For purposes of Subsection (g)(2), a school district is
encouraged to use funds allocated under Section 42.160
[42.2516(b)(3)].
SECTION 47. Section 29.918(a), Education Code, is amended
to read as follows:
(a) Notwithstanding Section [39.114 or] 42.152 or 42.160, a
school district or open-enrollment charter school with a high
dropout rate, as determined by the commissioner, must submit a plan
to the commissioner describing the manner in which the district or
charter school intends to use the compensatory education allotment
under Section 42.152 and the high school allotment under Section
42.160 [42.2516(b)(3)] for developing and implementing
research-based strategies for dropout prevention. The district or
charter school shall submit the plan not later than December 1 of
each school year preceding the school year in which the district or
charter school will receive the compensatory education allotment or
high school allotment to which the plan applies.
SECTION 48. Section 29.919(e), Education Code, is amended
to read as follows:
(e) As a condition of receiving a state grant, a campus must
contribute additional funding for activities provided at the campus
through the program, in an amount equal to at least $100 each school
year for each student in an eligible grade level served through the
program. The additional funding required by this subsection may
consist of local funds, private funds, or state funds other than
grant funds provided under this section. For program activities
provided at the high school level, the high school allotment
provided under Section 42.160 [42.2516(b)(3)] may be used to meet
the additional funding requirement prescribed by this subsection.
SECTION 49. Section 33.002(a), Education Code, is amended
to read as follows:
(a) From funds appropriated for the purpose or other funds
that may be used for the purpose, the commissioner shall distribute
funds for programs under this subchapter. In distributing those
funds, the commissioner shall give preference to a school district
that received funds under this subsection for the preceding school
year and then to the districts that have the highest concentration
of students at risk of dropping out of school, as described by
Section 29.081. To receive funds for the program, a school district
must apply to the commissioner. For each school year that a school
district receives funds under this subsection, 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. This section applies only to a
school district that receives funds as provided by this subsection
[Section 42.152(i)].
SECTION 50. Sections 39.024(c) and (d), Education Code, are
amended to read as follows:
(c) Using funds appropriated for purposes of this
subsection, the [The] agency shall develop study guides for the
assessment instruments administered under Sections 39.023(a) and
(c). To assist parents in providing assistance during the period
that school is recessed for summer, each school district shall
distribute the study guides to parents of students who do not
perform satisfactorily on one or more parts of an assessment
instrument administered under this subchapter.
(d) Using funds appropriated for purposes of this
subsection, the [The] agency shall develop and make available
teacher training materials and other teacher training resources to
assist teachers in enabling students of limited English proficiency
to meet state performance expectations. The teacher training
resources shall be designed to support intensive, individualized,
and accelerated instructional programs developed by school
districts for students of limited English proficiency.
SECTION 51. 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 cost of] releasing the question and answer keys
under Section 39.023(e) shall be paid from amounts appropriated to
the agency.
SECTION 52. The heading to Section 39.114, Education Code,
is amended to read as follows:
Sec. 39.114. USE OF HIGH SCHOOL ALLOTMENT.
SECTION 53. Sections 39.114(a) and (b), Education Code, are
amended to read as follows:
(a) Except as provided by Subsection (b), a school district
or campus must use funds allocated under Section 42.160
[42.2516(b)(3)] to:
(1) implement or administer a college readiness
program that provides academic support and instruction to prepare
underachieving students for entrance into an institution of higher
education;
(2) implement or administer a program that encourages
students to pursue advanced academic opportunities, including
early college high school programs and dual credit, advanced
placement, and international baccalaureate courses;
(3) implement or administer a program that provides
opportunities for students to take academically rigorous course
work, including four years of mathematics and four years of science
at the high school level;
(4) implement or administer a program, including
online course support and professional development, that aligns the
curriculum for grades six through 12 with postsecondary curriculum
and expectations; or
(5) implement or administer other high school
completion and success initiatives in grades six through 12
approved by the commissioner.
(b) A school district may use funds allocated under Section
42.160 [42.2516(b)(3)] on any instructional program in grades six
through 12 other than an athletic program if:
(1) the district is recognized as exceptional by the
commissioner under the academic accountability indicator adopted
under Section 39.051(b)(13); and
(2) the district's completion rates for grades nine
through 12 meet or exceed completion rate standards required by the
commissioner to achieve a rating of exemplary under Section 39.072.
SECTION 54. Section 41.001, Education Code, is amended to
read as follows:
Sec. 41.001. DEFINITIONS. In this chapter:
(1) "Effective tax rate" has the meaning assigned by
Section 42.010.
(2) "Equalized wealth level" means the wealth per
student provided by Section 41.002.
(3) [(2)] "Wealth per student" means the taxable value
of property, as determined under Subchapter M, Chapter 403,
Government Code, divided by the number of students in weighted
average daily attendance.
(4) [(3)] "Weighted average daily attendance" has the
meaning assigned by Section 42.302.
SECTION 55. Subchapter A, Chapter 41, Education Code, is
amended by adding Sections 41.0011 and 41.0012 to read as follows:
Sec. 41.0011. REFERENCES TO TAXABLE VALUE OF DISTRICT
PROPERTY. A reference in this chapter to the taxable value of
property in a district, as determined under Subchapter M, Chapter
403, Government Code, refers to the value for the current year
unless otherwise specified.
Sec. 41.0012. MODIFICATION FOR DISTRICTS WITH SPECIAL LAW
TAXING AUTHORITY. (a) This section applies only to a school
district that imposed a maintenance and operations tax for the 2005
tax year at a rate greater than $1.50 per $100 of taxable value, as
permitted by special law.
(b) For any district to which this section applies, the
commissioner shall implement any provision of this chapter that
refers to a maintenance and operations tax rate equal to the lesser
of $1 or a district's effective rate less six cents, or that makes a
substantially similar reference, as if the provision referred to a
rate equal to the lesser of:
(1) the rate equal to the product of the state
compression percentage multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year;
or
(2) a district's effective maintenance and operations
tax rate less six cents.
SECTION 56. Section 41.002(a), Education Code, is amended
to read as follows:
(a) A school district may not have a wealth per student that
exceeds:
(1) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student
available to a district described by Section 42.101(b) [at the 88th
percentile in wealth per student], for the district's maintenance
and operations tax effort equal to or less than an effective tax
rate of the lesser of $1.00 or the rate that is six cents less than
the district's effective maintenance and operations tax rate [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 per
cent of tax effort available to a district under Section 42.302 for
each cent of a district's tax rate other than the last six cents of
that rate [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 effort that [rate] exceeds the tax effort described
by Subdivision (1) [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) $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 57. Section 41.002(e), Education Code, is amended
to read as follows:
(e) Notwithstanding Subsection (a), [and except as provided
by Subsection (g),] in accordance with a determination of the
commissioner, the wealth per student that a school district may
have after exercising an option under Section 41.003(2) or (3) may
not be less than the amount needed to maintain state and local
revenue in an amount equal to state and local revenue per weighted
student for maintenance and operation of the district for the
1992-1993 school year less the district's current year distribution
per weighted student from the available school fund, other than
amounts distributed under Chapter 31, if the district imposes an
effective tax rate for maintenance and operation of the district
equal to the greater of the district's current tax rate or $1.50 on
the $100 valuation of taxable property.
SECTION 58. Subchapter A, Chapter 41, Education Code, is
amended by adding Section 41.0032 to read as follows:
Sec. 41.0032. TOLLING OF ACTION TO ACHIEVE EQUALIZED WEALTH
LEVEL. (a) Notwithstanding any other provision of this chapter, if
a school district would otherwise be required by this chapter to
take action to achieve the equalized wealth level for the first time
for the 2009-2010 or a later school year, the district is not
required to take that action until the following school year.
(b) For purposes of this section, a district is not required
to take action to achieve the equalized wealth level until the cost
to the district to purchase attendance credits under Subchapter D
exceeds the amount to which the district is entitled under Section
42.2516.
(c) The commissioner may adopt rules implementing this
section as necessary to provide for a district described by this
section a one-year tolling of the deadlines specified in this
chapter.
SECTION 59. Section 41.093(b-1), Education Code, is amended
to read as follows:
(b-1) If the guaranteed level of state and local funds per
weighted student per cent of tax effort under Section 42.302(g)
[42.302(a-1)(2)] for which state funds are appropriated for a
school year is an amount at least equal to the amount of 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, the commissioner, in
computing the amounts described by Subsections (a)(1) and (2) and
determining the cost of an attendance credit, shall exclude
maintenance and operations tax revenue resulting from the last
[first] six cents of [by which] a district's effective maintenance
and operations tax rate, provided that the district adopts a
maintenance and operations tax rate for that school year at a rate
at least equal to the greater of the rate adopted by the district
for the 2008-2009 school year or the rate equal to the product of
the state compression percentage multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year.
If the district adopts a maintenance and operations tax at a rate
lower than the greater of those rates, the commissioner shall
exclude maintenance and operations tax revenue resulting from the
first six cents by which the district's effective 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.
SECTION 60. Section 41.121, Education Code, is amended to
read as follows:
Sec. 41.121. AGREEMENT. The board of trustees of a district
with a wealth per student that exceeds the equalized wealth level
may execute an agreement to educate the students of another
district in a number that, when the weighted average daily
attendance of the students served is added to the weighted average
daily attendance of the contracting district, is sufficient, in
combination with any other actions taken under this chapter, to
reduce the district's wealth per student to a level that is equal to
or less than the equalized wealth level. The agreement is not
effective unless the commissioner certifies that the transfer of
weighted average daily attendance will not result in any of the
contracting districts' wealth per student being greater than the
equalized wealth level and that the agreement requires an
expenditure per student in weighted average daily attendance that
is at least equal to the amount per student in weighted average
daily attendance required under Section 41.093[, unless it is
determined by the commissioner that a quality educational program
can be delivered at a lesser amount. The commissioner may approve a
special financial arrangement between districts if that
arrangement serves the best educational interests of the state].
SECTION 61. Subchapter A, Chapter 42, Education Code, is
amended by adding Sections 42.009, 42.010, and 42.011 to read as
follows:
Sec. 42.009. REFERENCES TO TAXABLE VALUE OF DISTRICT
PROPERTY. A reference in this chapter to the taxable value of
property in a district, as determined under Subchapter M, Chapter
403, Government Code, refers to the value for the current year.
Sec. 42.010. EFFECTIVE TAX RATE. For purposes of this
chapter, a school district's effective tax rate means the rate
determined by dividing the total amount of taxes collected by the
district for the applicable school year less any amounts paid into a
tax increment fund under Chapter 311, Tax Code, by the quotient of
the district's taxable value of property, as determined under
Subchapter M, Chapter 403, Government Code, divided by 100.
Sec. 42.011. MODIFICATION FOR DISTRICTS WITH SPECIAL LAW
TAXING AUTHORITY. (a) This section applies only to a school
district that imposed a maintenance and operations tax for the 2005
tax year at a rate greater than $1.50 per $100 of taxable value, as
permitted by special law.
(b) For any district to which this section applies, the
commissioner shall implement any provision of this chapter that
refers to a maintenance and operations tax rate equal to the lesser
of $1 or a district's effective rate less six cents, or that makes a
substantially similar reference, as if the provision referred to a
rate equal to the lesser of:
(1) the rate equal to the product of the state
compression percentage multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year;
or
(2) a district's effective maintenance and operations
tax rate less six cents.
SECTION 62. Section 42.101, Education Code, is amended to
read as follows:
Sec. 42.101. BASIC ALLOTMENT. (a) 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 described by Subsection (b) [at the
percentile in wealth per student specified by Section
42.302(a-1)(1)], multiplied by the lesser of:
(1) the number of cents that is six cents less than the
number of cents in the district's effective maintenance and
operations tax rate; or
(2) 100 [86. A greater amount for any school year may
be provided by appropriation].
(b) For purposes of Subsection (a), the commissioner shall
determine the amount per cent of tax effort available to a district
with a taxable value of property equal to the product of the
statewide average taxable value of property per weighted student
multiplied by 0.0001723, or a higher value as specified in the
General Appropriations Act.
SECTION 63. Section 42.106, Education Code, is amended to
read as follows:
Sec. 42.106. TUITION ALLOTMENT [ADJUSTED PROPERTY VALUE]
FOR DISTRICTS NOT OFFERING ALL GRADE LEVELS. A [For purposes of
this chapter, the taxable value of property of a] school district
that contracts for students residing in the district to be educated
in another district under Section 25.039(a) is entitled to receive
an allotment equal to [adjusted by applying the formula:
[ADPV = DPV - (TN/.015)
[where:
["ADPV" is the district's adjusted taxable value of property;
["DPV" is the taxable value of property in the district for
the preceding tax year determined under Subchapter M, Chapter 403,
Government Code; and
["TN" is] the total amount of tuition required to be paid by
the district under Section 25.039 [for the school year for which the
adjustment is made], not to exceed the amount specified by
commissioner rule under Section 25.039(b).
SECTION 64. Section 42.152(c), Education Code, is amended
to read as follows:
(c) Funds allocated under this section shall be used to fund
supplemental programs and services designed to eliminate any
disparity in performance on assessment instruments administered
under Subchapter B, Chapter 39, or disparity in the rates of high
school completion between students at risk of dropping out of
school, as defined by Section 29.081, and all other students.
Specifically, the funds, other than an indirect cost allotment
established under State Board of Education rule, which may not
exceed 45 [15] percent, may be used to meet the costs of providing a
compensatory, intensive, or accelerated instruction program under
Section 29.081 or an alternative education program established
under Section 37.008 or to support a program eligible under Title I
of the Elementary and Secondary Education Act of 1965, as provided
by Pub. L. No. 103-382 and its subsequent amendments, and by federal
regulations implementing that Act, at a campus at which at least 40
percent of the students are educationally disadvantaged. In
meeting the costs of providing a compensatory, intensive, or
accelerated instruction program under Section 29.081, a district's
compensatory education allotment shall be used for costs
supplementary to the regular education program, such as costs for
program and student evaluation, instructional materials and
equipment and other supplies required for quality instruction,
supplemental staff expenses, salary for teachers of at-risk
students, smaller class size, and individualized instruction. A
home-rule school district or an open-enrollment charter school must
use funds allocated under Subsection (a) for a purpose authorized
in this subsection but is not otherwise subject to Subchapter C,
Chapter 29. Notwithstanding any other provisions of this section:
(1) to ensure that a sufficient amount of the funds
allotted under this section are available to supplement
instructional programs and services, no more than 18 percent of the
funds allotted under this section may be used to fund disciplinary
alternative education programs established under Section 37.008;
(2) the commissioner may waive the limitations of
Subdivision (1) upon an annual petition, by a district's board and a
district's site-based decision making committee, presenting the
reason for the need to spend supplemental compensatory education
funds on disciplinary alternative education programs under Section
37.008, provided that:
(A) the district in its petition reports the
number of students in each grade level, by demographic subgroup,
not making satisfactory progress under the state's assessment
system; and
(B) the commissioner makes the waiver request
information available annually to the public on the agency's
website; and
(3) for purposes of this subsection, a program
specifically designed to serve students at risk of dropping out of
school, as defined by Section 29.081, is considered to be a program
supplemental to the regular education program, and a district may
use its compensatory education allotment for such a program.
SECTION 65. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.1541 to read as follows:
Sec. 42.1541. INDIRECT COST ALLOTMENTS. (a) The State
Board of Education shall by rule increase the indirect cost
allotments established under Sections 42.151(h), 42.152(c),
42.153(b), and 42.154(a-1) and (c) and in effect for the 2008-2009
school year as necessary to reflect the increased percentage of
total maintenance and operations funding represented by the basic
allotment under Section 42.101 as a result of amendment of that
section by H.B. No. 3646, Acts of the 81st Legislature, Regular
Session, 2009.
(b) The board shall take the action required by Subsection
(a) not later than the date that permits the increased indirect cost
allotments to apply beginning with the 2009-2010 school year.
(c) This section expires September 1, 2010.
SECTION 66. Section 42.152, Education Code, is amended by
adding Subsections (s), (s-1), (s-2), (s-3), (s-4), and (s-5) to
read as follows:
(s) In addition to the allotment provided under Subsection
(a), a school district is entitled to an annual allotment equal to
$650:
(1) for each student in average daily attendance who
has a parent or guardian who is serving on active duty in a combat
zone as a member of the armed forces of the United States; and
(2) for each student in average daily attendance who:
(A) has a parent or guardian serving on active
duty as a member of the armed forces of the United States; and
(B) has transferred to a campus in the district
during the school year as a result of a change in residence because
of an action taken under the Defense Base Closure and Realignment
Act of 1990 (10 U.S.C. Section 2687).
(s-1) Notwithstanding any other provision of this section,
a school district may use funds allotted to the district under
Subsection (s) only to provide supplemental programs and services
described by Subsection (c) or Subsection (f) for students
described by Subsection (s) who are enrolled in the district.
(s-2) The amount appropriated for allotments under
Subsection (s) may not exceed $9.9 million in a school year. If the
total amount of allotments to which districts are entitled under
Subsection (s) for a school year exceeds the amount appropriated
for allotments under that subsection, the commissioner shall reduce
each district's allotment under that subsection proportionately.
(s-3) Notwithstanding any other provision of this chapter,
payments for allotments under Subsection (s) are made as
adjustments under Section 42.253(i). If the commissioner
determines that the amount appropriated for purposes of the
Foundation School Program exceeds the amount to which school
districts are entitled under this chapter, the commissioner shall
fund the adjustment for the allotments under Subsection (s) from
the excess funds.
(s-4) If the commissioner determines that the amount by
which the funds appropriated for purposes of the Foundation School
Program exceeds the amount to which school districts are entitled
under this chapter is not sufficient to provide for the allotments
under Subsection (s) as limited by Subsection (s-1), the
commissioner shall reduce the number by which the statewide average
taxable value of property per weighted student is multiplied for
purposes of Section 42.101(b) by the amount necessary to provide
the remaining funds. The commissioner shall include amount of the
reduction in the adjustments under Section 42.253(i) in the next
school year.
(s-5) Subsections (s), (s-1), (s-2), (s-3), (s-4), and this
subsection expire September 1, 2013.
SECTION 67. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.160 to read as follows:
Sec. 42.160. HIGH SCHOOL ALLOTMENT. (a) A school district
is entitled to an annual allotment in an amount determined by the
commissioner under Subsection (a-1) for each student in weighted
average daily attendance in grades 9 through 12 in the district.
For purposes of this subsection, the number of students in weighted
average daily attendance is calculated by multiplying the number of
students in average daily attendance in grades 9 through 12 in the
district by the ratio for the district of the number of students in
weighted average daily attendance to the number of students in
average daily attendance.
(a-1) The commissioner shall determine the amount of the
allotment provided under Subsection (a) so that the total state
cost of funding the allotment equals the total state cost of funding
the allotment that would have resulted if the allotment were
provided in the amount of $275 for each student in average daily
attendance in grades 9 through 12 in the district.
(b) A school district that is required to take action under
Chapter 41 to reduce its wealth per student to the equalized wealth
level is entitled to a credit, in the amount of the allotment to
which the district is entitled under this section, against the
total amount required under Section 41.093 for the district to
purchase attendance credits. A school district that is otherwise
ineligible for state aid under this chapter is entitled to receive
allotments under this section.
SECTION 68. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.25151 to read as follows:
Sec. 42.25151. ADJUSTMENT FOR SUPPLEMENTAL PAYMENTS
ASSOCIATED WITH AGREEMENTS UNDER TEXAS ECONOMIC DEVELOPMENT ACT.
(a) In this section, "supplemental payment" means a payment or
other benefit, other than a revenue protection payment authorized
by Section 313.027(f)(1), Tax Code, provided in connection with an
agreement between a property owner and a school district under
Chapter 313, Tax Code, by or on behalf of the property owner to:
(1) the district; or
(2) a foundation or other entity created to benefit
the district or the district's students.
(b) Notwithstanding Section 42.2516, the commissioner shall
for any school year, subject to Subsection (b-1):
(1) reduce the amounts due to a school district under
this chapter by an amount equal to the value of any supplemental
payment received during that school year by the district or a
foundation or other entity created to benefit the district or the
district's students; or
(2) increase the amounts necessary for a school
district to comply with the requirements of Chapter 41 by an amount
equal to the value of any supplemental payments received during
that school year by the district or a foundation or other entity
created to benefit the district or the district's students.
(b-1) Each school year, a school district is entitled to
retain a total benefit from supplemental payments not to exceed the
amounts authorized in Sections 313.027(i) and (j), Tax Code.
(c) A school district shall:
(1) report each supplemental payment through the
Public Education Information Management System (PEIMS); and
(2) clearly identify each supplemental payment in the
district's adopted budget and in the annual report required by
Section 44.007.
(d) The commissioner, in consultation with the comptroller,
as appropriate, may adopt rules necessary to implement this
section.
(e) This section does not apply to supplemental payments
made in connection with an agreement entered into before September
1, 2009.
SECTION 69. Section 42.2516, Education Code, is amended by
amending Subsections (a), (a-1), (b), (b-1), (b-2), (c), (e), (f),
(f-1), and (g) and adding Subsections (a-2), (b-3), (b-4), (e-1),
(h-1), and (m) to read as follows:
(a) In this section, "state compression percentage" means
the percentage, as determined by the commissioner in consultation
with the Legislative Budget Board, 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, in consultation with the
Legislative Budget Board, 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) For the state fiscal year ending August 31, 2009, the
state compression percentage is 66.67 percent. For each subsequent
state fiscal year, the state compression percentage is the lesser
of:
(1) the percentage determined in accordance with
Subsection (a); or
(2) the state compression percentage for the preceding
state fiscal year.
(a-2) Not later than March 1 of each year, the commissioner
shall:
(1) inform school districts of the state compression
percentage for the following school year; and
(2) post the state compression percentage for the
following school year on the agency's website. [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), (b-3), (b-4),
(f-1), (g), and (h-1) [(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 at least 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 for the district's maintenance
and operations tax rate equal to the product of the state
compression percentage multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year;
and
(2) an amount equal to the difference, if any, between
the amount of maintenance and operations revenue the district is
required to pay into the tax increment fund for a reinvestment zone
under Section 311.013(n), Tax Code, meeting the criteria under
Section 403.302(d)(4), Government Code, in the current tax year and
the amount of maintenance and operations revenue collected by the
district in the reinvestment zone at the district's compressed tax
rate[;
[(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[, as applicable]
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 42.155 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.
(b-3) The amount determined for a school district under
Subsection (b) is increased or reduced to reflect changes in the
amount of funds to which the district is entitled under Section
42.160, in comparison to the amount of funds to which the district
was entitled during the 2008-2009 school year under the high school
allotment provided by Subsection (b)(3), as it existed on January
1, 2009.
(b-4) The amount determined under Subsection (b) for a
school district that paid tuition under Section 25.039 during the
2008-2009 school year in accordance with a contract authorized by
that section is reduced by the amount of tuition paid during that
school year.
(c) In determining the amount to which a district is
entitled under Subsection (b) [(b)(1)], the commissioner shall
include:
(1) any amounts received by the district during the
2008-2009 school year under [described by] Rider 86 [69], page
III-23 [III-19], Chapter 1428 (H.B. 1) [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 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 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;
(3) [(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;
(4) any amount necessary to maintain:
(A) the professional staff salary allotment
provided by Subsection (b)(2) and the high school allotment
provided by Subsection (b)(3), as those subsections existed on
January 1, 2009;
(B) the staff salary allotment provided by
Section 42.2513, as that section existed on January 1, 2009;
(C) funding provided by Section 42.2514, as that
section existed on January 1, 2009, for school district employees
who participate in a group health coverage plan provided by or
through the district;
(D) the $110 per weighted student allocation
authorized in Rider 82, page III-23, Chapter 1330 (H.B. 1), Acts of
the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act); and
(E) any other amounts to which the district was
entitled under this subchapter, as it existed on January 1, 2009;
and
(5) any amount to which the district is entitled under
Section 42.106.
(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)
[(b)(1)].
(e-1) The amount of revenue to which a school district is
entitled under Section 42.2518 is in addition to the amount of
revenue to which the district is entitled under Subsection (b).
(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.
(g) If a school district adopts a maintenance and operations
tax rate that is below the rate equal to the sum of six cents and the
product of the state compression percentage multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year, the commissioner shall reduce the district's
entitlement under this section in proportion to the amount by which
the rate equal to the adopted rate less six cents is less than the
rate equal to the product of the state compression percentage
multiplied by the rate adopted by the district for the 2005 tax
year.
(h-1) Notwithstanding any other provision of this title, a
school district is entitled to receive a minimum increase as
determined under this subsection for each student in weighted
average daily attendance as a result of changes made by H.B. No.
3646, Acts of the 81st Legislature, Regular Session, 2009, to
Chapter 41 and this chapter over the amount to which the district
would have been entitled under those chapters, as they existed on
January 1, 2009, at the maintenance and operations tax rate equal to
the rate adopted by the district for the 2008-2009 school year, as
determined by the commissioner. The commissioner shall determine
the amount of the minimum increase under this subsection by
multiplying the number of students in weighted average daily
attendance in the state by $100, subtracting the amount necessary
to provide the additional state aid under Section 42.2518 to which
school districts are entitled, and dividing the remainder by the
number of students in weighted average daily attendance in the
state. As necessary to provide that minimum increase, the
commissioner shall adjust the amount of state aid provided to a
school district under this chapter or adjust the number of
attendance credits that a school district is required to purchase
under Section 41.093.
(m) For purposes of Subsections (b) and (h-1), the number of
students in weighted average daily attendance in a school district
is computed by dividing the sum of the school district's allotments
under Subchapters B and C, less any allotment to the district for
transportation, any allotment under Section 42.158 or 42.160, and
50 percent of the adjustment under Section 42.102, by the basic
allotment for the applicable year.
SECTION 70. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2518 to read as follows:
Sec. 42.2518. ADDITIONAL STATE AID FOR EXTENSION OF
PROFESSIONAL STAFF SALARY SCHEDULE. (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, necessary to compensate the school
district for additional salary costs the district incurs because of
the increased number of years covered by the minimum salary
schedule for certain professional staff made by H.B. No. 3646, Acts
of the 81st Legislature, Regular Session, 2009.
(b) A district may use state aid received under this section
only to pay salary costs incurred because of the increased number of
years covered by the minimum salary schedule.
(c) A determination by the commissioner under this section
is final and may not be appealed.
(d) The commissioner may adopt rules to implement this
section.
SECTION 71. Section 42.252(a), Education Code, is amended
to read as follows:
(a) Subject to Section 42.302(g), each [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 equal to the lesser of:
(1) $1; or
(2) the rate that is six cents less than the district's
effective maintenance and operations tax rate [$0.86]; and
"DPV" is the taxable value of property in the school district
for the [preceding] tax year determined under Subchapter M, Chapter
403, Government Code.
SECTION 72. Section 42.2522(c), Education Code, is amended
to read as follows:
(c) In the first year of a state fiscal biennium, before
providing funding as provided by Subsection (a)(2), the
commissioner shall ensure that sufficient appropriated funds for
purposes of the Foundation School Program are available for the
second year of the biennium[, including funds to be used for
purposes of Section 42.2521].
SECTION 73. Section 42.253, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The amounts to be paid under Section 42.2516(b)(4)
shall be paid at the same time as other state revenue is paid to the
district. Payments shall be based on amounts paid under Section
42.2516(b)(4) for the preceding year. Any deficiency shall be paid
to the district at the same time the final amount to be paid to the
district is determined, and any overpayment shall be deducted from
the payments the district would otherwise receive in the following
year.
SECTION 74. Section 42.260(a), Education Code, is amended
to read as follows:
(a) In this section, "participating charter school" means
an open-enrollment charter school that participates in the uniform
group coverage program established under Chapter 1579, Insurance
Code [has the meaning assigned by Section 42.2514].
SECTION 75. Section 42.261(a), Education Code, is amended
to read as follows:
(a) Funds appropriated by the legislature for a tax year for
the purpose of reducing a school district's maintenance and
operations tax rate and providing state aid under Section 42.2516:
(1) are not excess funds for purposes of Section
42.2517;
(2) are not available for purposes of Section [42.2521
or] 42.2522;
(3) may not be used for purposes of Chapter 46; and
(4) may not be provided by the commissioner to a school
district for a purpose other than reduction of the district's
maintenance and operations tax rate.
SECTION 76. Section 42.302, Education Code, is amended by
amending Subsections (a), (a-2), and (b) and adding Subsections (g)
and (g-1) 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 that required for the district's local fund assignment,
subject to Subsection (g), 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 $31.95
or an amount described by Subsection (g) or (g-1), as applicable,
[(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
Section 42.158 or 42.160, [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.
(a-2) The limitation on district enrichment tax rate
("DTR") under Section 42.303 does not apply to the last six cents of
the district's effective maintenance and operations tax effort
[described by Subsection (a-1)(2)].
(b) In computing the district enrichment tax rate of a
school district, the total amount of maintenance and operations
taxes collected by the school district does not include the amount
of:
(1) the district's local fund assignment under Section
42.252; [or]
(2) taxes paid into a tax increment fund under Chapter
311, Tax Code; or
(3) revenue resulting from the last six cents of the
district's effective maintenance and operations tax rate.
(g) This subsection applies to the last six cents of a
district's effective tax rate for maintenance and operations,
regardless of whether any of those cents would otherwise be
considered as part of the district's local share under Section
42.252, provided that the district adopts a maintenance and
operations tax rate at a rate at least equal to the greater of the
rate adopted by the district for the 2008-2009 school year or the
rate equal to the product of the state compression percentage
multiplied by the maintenance and operations tax rate adopted by
the district for the 2005 tax year. For each cent of tax effort to
which this subsection applies, a district is entitled to a
guaranteed level of state and local funds per weighted student
equal to 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 subsection in the preceding school year.
If a district adopts a maintenance and operations tax rate at a rate
lower than the greater of the rates described above, the district
is entitled to the guaranteed level described by this subsection
for the first six cents by which the district's effective
maintenance and operations tax rate exceeds the rate equal to the
product of the state compression percentage multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year.
(g-1) Subsection (g) applies beginning with the 2010-2011
school year. For the 2009-2010 school year, a school district is
entitled for each cent of tax effort described by Subsection (g) to
a guaranteed level of state and local funds per weighted student
equal 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. This subsection expires September 1,
2010.
SECTION 77. 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 $0.17 [the amount] per $100 of valuation [by which the
maximum rate permitted under Section 45.003 exceeds the rate of
$0.86, or a greater amount for any year provided by appropriation].
SECTION 78. Section 44.004, Education Code, is amended by
amending Subsection (h) and adding Subsection (j) to read as
follows:
(h) Notwithstanding any other provision of this section, a
school district with a fiscal year beginning July 1 may use the
certified estimate of the taxable value of district property
required by Section 26.01(e) [26.01(d)], Tax Code, in preparing the
notice required by this section if the district does not receive on
or before June 7 the certified appraisal roll for the district
required by Section 26.01(a), Tax Code.
(j) Notwithstanding Subsections (g), (h), and (i), a school
district may adopt a budget after the district adopts a tax rate for
the tax year in which the fiscal year covered by the budget begins
if the district elects to adopt a tax rate before receiving the
certified appraisal roll for the district as provided by Section
26.05(g). If a school district elects to adopt a tax rate before
adopting a budget, the district must publish notice and hold a
meeting for the purpose of discussing the proposed tax rate as
provided by this section. Following adoption of the tax rate, the
district must publish notice and hold another public meeting before
the district may adopt a budget. The comptroller shall prescribe
the language and format to be used in the notices. The school
district may use the certified estimate of taxable value in
preparing a notice under this subsection.
SECTION 79. Section 45.001(a), Education Code, is amended
to read as follows:
(a) The governing board of an independent school district,
including the city council or commission that has jurisdiction over
a municipally controlled independent school district, the
governing board of a rural high school district, and the
commissioners court of a county, on behalf of each common school
district under its jurisdiction, may:
(1) issue bonds for:
(A) the construction, acquisition, and equipment
of school buildings in the district;
(B) the acquisition of property or the
refinancing of property financed under a contract entered under
Subchapter A, Chapter 271, Local Government Code, regardless of
whether payment obligations under the contract are due in the
current year or a future year;
(C) the purchase of the necessary sites for
school buildings; and
(D) the purchase of new school buses; and
(2) may levy, pledge, assess, and collect annual ad
valorem taxes sufficient to pay the principal of and interest on the
bonds as or before the principal and interest become due, subject to
Section 45.003.
SECTION 80. Section 46.003(a), Education Code, is amended
to read as follows:
(a) For each year, except as provided by Sections 46.005 and
46.006, a school district is guaranteed a specified amount per
student in state and local funds for each cent of tax effort, up to
the maximum rate under Subsection (b), to pay the principal of and
interest on eligible bonds issued to construct, acquire, renovate,
or improve an instructional facility. The amount of state support
is determined by the formula:
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
where:
"FYA" is the guaranteed facilities yield amount of state
funds allocated to the district for the year;
"FYL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $35 or a
greater amount for any year provided by appropriation;
"ADA" is the greater of the number of students in average
daily attendance, as determined under Section 42.005, in the
district or 400;
"BTR" is the district's bond tax rate for the current year,
which is determined by dividing the amount budgeted by the district
for payment of eligible bonds by the quotient of the district's
taxable value of property for the current tax year as determined
under Subchapter M, Chapter 403, Government Code, [or, if
applicable, Section 42.2521,] divided by 100; and
"DPV" is the district's taxable value of property for the
current tax year as determined under Subchapter M, Chapter 403,
Government Code[, or, if applicable, Section 42.2521].
SECTION 81. Section 46.006(g), Education Code, is amended
to read as follows:
(g) In this section, "wealth per student" means a school
district's taxable value of property for the current tax year as
determined under Subchapter M, Chapter 403, Government Code, [or,
if applicable, Section 42.2521,] divided by the district's average
daily attendance as determined under Section 42.005.
SECTION 82. Section 46.032(a), Education Code, is amended
to read as follows:
(a) Each school district is guaranteed a specified amount
per student in state and local funds for each cent of tax effort to
pay the principal of and interest on eligible bonds. The amount of
state support, subject only to the maximum amount under Section
46.034, is determined by the formula:
EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
where:
"EDA" is the amount of state funds to be allocated to the
district for assistance with existing debt;
"EDGL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $35 or a
greater amount for any year provided by appropriation;
"ADA" is the number of students in average daily attendance,
as determined under Section 42.005, in the district;
"EDTR" is the existing debt tax rate of the district, which is
determined by dividing the amount budgeted by the district for
payment of eligible bonds by the quotient of the district's taxable
value of property for the current tax year as determined under
Subchapter M, Chapter 403, Government Code, [or, if applicable,
under Section 42.2521,] divided by 100; and
"DPV" is the district's taxable value of property for the
current tax year as determined under Subchapter M, Chapter 403,
Government Code[, or, if applicable, under Section 42.2521].
SECTION 83. Section 46.033, Education Code, is amended to
read as follows:
Sec. 46.033. ELIGIBLE BONDS. Bonds, including bonds
issued under Section 45.006, are eligible to be paid with state and
local funds under this subchapter if:
(1) the district made payments on the bonds during the
final [2006-2007] school year of the preceding state fiscal
biennium or taxes levied to pay the principal of and interest on the
bonds were included in the district's audited debt service
collections for that school year; and
(2) the district does not receive state assistance
under Subchapter A for payment of the principal and interest on the
bonds.
SECTION 84. Section 46.034(c), Education Code, is amended
to read as follows:
(c) If the amount required to pay the principal of and
interest on eligible bonds in a school year is less than the amount
of payments made by the district on the bonds during the final
[2006-2007] school year of the preceding state fiscal biennium or
the district's audited debt service collections for that school
year, the district may not receive aid in excess of the amount that,
when added to the district's local revenue for the school year,
equals the amount required to pay the principal of and interest on
the bonds.
SECTION 85. Section 3.005, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as provided by Subsections [Subsection] (c) and
(d), an election ordered by an authority of a political subdivision
shall be ordered not later than the 62nd day before election day.
(d) An election under Section 26.08, Tax Code, to ratify a
tax rate adopted by the governing body of a school district under
Section 26.05(g) of that code shall be ordered not later than the
30th day before election day.
SECTION 86. Section 4.008, Election Code, is amended to
read as follows:
Sec. 4.008. NOTICE TO COUNTY CLERK. (a) Except as provided
by Subsection (b), the [The] governing body of a political
subdivision, other than a county, that orders an election shall
deliver notice of the election to the county clerk of each county in
which the political subdivision is located not later than the 60th
day before election day.
(b) The governing body of a school district that orders an
election under Section 26.08, Tax Code, to ratify an ad valorem tax
rate adopted by the governing body under Section 26.05(g) of that
code shall deliver notice of the election to the county clerk of
each county in which the school district is located not later than
the 30th day before election day.
SECTION 87. Sections 403.302(d), (g), (i), and (j),
Government Code, are amended to read as follows:
(d) For the purposes of this section, "taxable value" means
the market value of all taxable property less:
(1) the total dollar amount of any residence homestead
exemptions lawfully granted under Section 11.13(b) or (c), Tax
Code, in the year that is the subject of the study for each school
district;
(2) one-half of the total dollar amount of any
residence homestead exemptions granted under Section 11.13(n), Tax
Code, in the year that is the subject of the study for each school
district;
(3) the total dollar amount of any exemptions granted
before May 31, 1993, within a reinvestment zone under agreements
authorized by Chapter 312, Tax Code;
(4) subject to Subsection (e), the total dollar amount
of any captured appraised value of property that:
(A) is within a reinvestment zone created on or
before May 31, 1999, or is proposed to be included within the
boundaries of a reinvestment zone as the boundaries of the zone and
the proposed portion of tax increment paid into the tax increment
fund by a school district are described in a written notification
provided by the municipality or the board of directors of the zone
to the governing bodies of the other taxing units in the manner
provided by Section 311.003(e), Tax Code, before May 31, 1999, and
within the boundaries of the zone as those boundaries existed on
September 1, 1999, including subsequent improvements to the
property regardless of when made;
(B) generates taxes paid into a tax increment
fund created under Chapter 311, Tax Code, under a reinvestment zone
financing plan approved under Section 311.011(d), Tax Code, on or
before September 1, 1999; and
(C) is eligible for tax increment financing under
Chapter 311, Tax Code;
(5) [for a school district for which a deduction from
taxable value is made under Subdivision (4), an amount equal to the
taxable value required to generate revenue when taxed at the school
district's current tax rate in an amount that, when added to the
taxes of the district paid into a tax increment fund as described by
Subdivision (4)(B), is equal to the total amount of taxes the
district would have paid into the tax increment fund if the district
levied taxes at the rate the district levied in 2005;
[(6)] the total dollar amount of any captured
appraised value of property that:
(A) is within a reinvestment zone:
(i) created on or before December 31, 2008,
by a municipality with a population of less than 18,000; and
(ii) the project plan for which includes
the alteration, remodeling, repair, or reconstruction of a
structure that is included on the National Register of Historic
Places and requires that a portion of the tax increment of the zone
be used for the improvement or construction of related facilities
or for affordable housing;
(B) generates school district taxes that are paid
into a tax increment fund created under Chapter 311, Tax Code; and
(C) is eligible for tax increment financing under
Chapter 311, Tax Code;
(6) [(7)] the total dollar amount of any exemptions
granted under Section 11.251 or 11.253, Tax Code;
(7) [(8)] the difference between the comptroller's
estimate of the market value and the productivity value of land that
qualifies for appraisal on the basis of its productive capacity,
except that the productivity value estimated by the comptroller may
not exceed the fair market value of the land;
(8) [(9)] the portion of the appraised value of
residence homesteads of individuals who receive a tax limitation
under Section 11.26, Tax Code, on which school district taxes are
not imposed in the year that is the subject of the study, calculated
as if the residence homesteads were appraised at the full value
required by law;
(9) [(10)] a portion of the market value of property
not otherwise fully taxable by the district at market value because
of:
(A) action required by statute or the
constitution of this state that, if the tax rate adopted by the
district is applied to it, produces an amount equal to the
difference between the tax that the district would have imposed on
the property if the property were fully taxable at market value and
the tax that the district is actually authorized to impose on the
property, if this subsection does not otherwise require that
portion to be deducted; or
(B) action taken by the district under Subchapter
B or C, Chapter 313, Tax Code;
(10) [(11)] the market value of all tangible personal
property, other than manufactured homes, owned by a family or
individual and not held or used for the production of income;
(11) [(12)] the appraised value of property the
collection of delinquent taxes on which is deferred under Section
33.06, Tax Code;
(12) [(13)] the portion of the appraised value of
property the collection of delinquent taxes on which is deferred
under Section 33.065, Tax Code; and
(13) [(14)] the amount by which the market value of a
residence homestead to which Section 23.23, Tax Code, applies
exceeds the appraised value of that property as calculated under
that section.
(g) The comptroller shall provide to the commissioner of
education [publish] preliminary taxable value estimates
[findings], listing values by district, before July 1 of the year of
the study, and shall certify preliminary findings, listing values
by district, by February 1 of the year following the year of the
study. Preliminary findings shall be delivered to each school
district and shall be certified to the commissioner of education. A
preliminary taxable value estimate provided under this subsection
may not be appealed, but may be revised by the comptroller at any
time before preliminary findings are certified.
(i) If the comptroller determines in the annual study that
the market value of property in a school district as determined by
the appraisal district that appraises property for the school
district, less the total of the amounts and values listed in
Subsection (d) as determined by that appraisal district, is valid,
the comptroller, in determining the taxable value of property in
the school district under Subsection (d), shall for purposes of
Subsection (d)(13) [(d)(14)] subtract from the market value as
determined by the appraisal district of residence homesteads to
which Section 23.23, Tax Code, applies the amount by which that
amount exceeds the appraised value of those properties as
calculated by the appraisal district under Section 23.23, Tax
Code. If the comptroller determines in the annual study that the
market value of property in a school district as determined by the
appraisal district that appraises property for the school district,
less the total of the amounts and values listed in Subsection (d) as
determined by that appraisal district, is not valid, the
comptroller, in determining the taxable value of property in the
school district under Subsection (d), shall for purposes of
Subsection (d)(13) [(d)(14)] subtract from the market value as
estimated by the comptroller of residence homesteads to which
Section 23.23, Tax Code, applies the amount by which that amount
exceeds the appraised value of those properties as calculated by
the appraisal district under Section 23.23, Tax Code.
(j) For purposes of Chapter 42 [Section 42.2511], Education
Code, the comptroller shall certify to the commissioner of
education:
(1) a final value for each school district computed on
a residence homestead exemption under Section 1-b(c), Article VIII,
Texas Constitution, of $5,000;
(2) a final value for each school district computed
on:
(A) a residence homestead exemption under
Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and
(B) the effect of the additional limitation on
tax increases under Section 1-b(d), Article VIII, Texas
Constitution, as proposed by H.J.R. No. 4, 75th Legislature,
Regular Session, 1997; and
(3) a final value for each school district computed on
the effect of the reduction of the limitation on tax increases to
reflect any reduction in the school district tax rate as provided by
Section 11.26(a-1), (a-2), or (a-3), Tax Code, as applicable.
SECTION 88. Section 822.201(b), Government Code, is amended
to read as follows:
(b) "Salary and wages" as used in Subsection (a) means:
(1) normal periodic payments of money for service the
right to which accrues on a regular basis in proportion to the
service performed;
(2) amounts by which the member's salary is reduced
under a salary reduction agreement authorized by Chapter 610;
(3) amounts that would otherwise qualify as salary and
wages under Subdivision (1) but are not received directly by the
member pursuant to a good faith, voluntary written salary reduction
agreement in order to finance payments to a deferred compensation
or tax sheltered annuity program specifically authorized by state
law or to finance benefit options under a cafeteria plan qualifying
under Section 125 of the Internal Revenue Code of 1986, if:
(A) the program or benefit options are made
available to all employees of the employer; and
(B) the benefit options in the cafeteria plan are
limited to one or more options that provide deferred compensation,
group health and disability insurance, group term life insurance,
dependent care assistance programs, or group legal services plans;
(4) performance pay awarded to an employee by a school
district as part of a total compensation plan approved by the board
of trustees of the district and meeting the requirements of
Subsection (e);
(5) the benefit replacement pay a person earns under
Subchapter H, Chapter 659, except as provided by Subsection (c);
(6) stipends paid to teachers in accordance with
Section 21.410, 21.411, 21.412, or 21.413, Education Code;
(7) amounts by which the member's salary is reduced or
that are deducted from the member's salary as authorized by
Subchapter J, Chapter 659;
(8) a merit salary increase made under Section 51.962,
Education Code;
(9) amounts received under the relevant parts of the
[awards for student achievement program under Subchapter N, Chapter
21, Education Code, the] educator excellence awards program under
Subchapter O, Chapter 21, Education Code, or a mentoring program
under Section 21.458, Education Code, that authorize [authorized]
compensation for service; and
(10) salary amounts designated as health care
supplementation by an employee under Subchapter D, Chapter 22,
Education Code.
SECTION 89. Sections 825.405(a) and (b), Government Code,
are amended to read as follows:
(a) For members entitled to the minimum salary for certain
school personnel under Section 21.402, Education Code, and for
members who would have been entitled to the minimum salary for
certain school personnel under former Section 16.056, Education
Code, as that section existed on January 1, 1995, the employing
district shall pay the state's contribution on the portion of the
member's salary that exceeds the statutory minimum salary [or
former statutory minimum, as applicable].
(b) For purposes of this section:
(1) [,] the statutory minimum salaryfor certain
school personnel under Section 21.402, Education Code, is the
salary provided by that section [Section 21.402 or the former
Sections 16.056 and 16.058, Education Code,] multiplied by the cost
of education adjustment applicable under Section 42.102, Education
Code, to the district in which the member is employed; and
(2) the statutory minimum salary for members who would
have been entitled to the minimum salary for certain school
personnel under former Section 16.056, Education Code, as that
section existed on January 1, 1995, is a minimum salary computed in
the same manner as the minimum salary for certain school personnel
under Section 21.402, Education Code, multiplied by the cost of
education adjustment applicable under Section 42.102, Education
Code, to the district in which the member is employed.
SECTION 90. Section 1579.251(a), Insurance Code, is amended
to read as follows:
(a) The state shall assist employees of participating
school districts and charter schools in the purchase of group
health coverage under this chapter by providing for each covered
employee the amount of $900 each state fiscal year or a greater
amount as provided by the General Appropriations Act. The state
contribution shall be distributed through the school finance
formulas under Chapters 41 and 42, Education Code, and used by
school districts and charter schools as provided by Section
[Sections 42.2514 and] 42.260, Education Code.
SECTION 91. Section 1581.053(b), Insurance Code, is amended
to read as follows:
(b) Notwithstanding Subsection (a), amounts a district or
school is required to use to pay contributions under a group health
coverage plan for district or school employees under Section
[42.2514 or] 42.260, Education Code, other than amounts described
by Section 42.260(c)(2)(B), are not used in computing whether the
district or school complies with Section 1581.052.
SECTION 92. Section 26.01(e), Tax Code, is amended to read
as follows:
(e) Not later than June 7, the chief appraiser shall prepare
and certify to the comptroller an estimate of the taxable value of
property in each school district participating in the appraisal
district and the total market value of that property. Except as
provided by Subsection (f), not later than April 30 [by June 7], the
chief appraiser shall also prepare and certify to the assessor for
each county, municipality, and school district participating in the
appraisal district an estimate of the taxable value of property in
that taxing unit. The chief appraiser shall assist each county,
municipality, and school district in determining values of property
in that taxing unit for the taxing unit's budgetary purposes.
SECTION 93. Section 26.05, Tax Code, is amended by adding
Subsection (g) to read as follows:
(g) Notwithstanding Subsection (a), the governing body of a
school district that elects to adopt a tax rate before the adoption
of a budget for the fiscal year that begins in the current tax year
may adopt a tax rate for the current tax year before receipt of the
certified appraisal roll for the school district if the chief
appraiser of the appraisal district in which the school district
participates has certified to the assessor for the school district
an estimate of the taxable value of property in the school district
as provided by Section 26.01(e). If a school district adopts a tax
rate under this subsection, the effective tax rate and the rollback
tax rate of the district shall be calculated based on the certified
estimate of taxable value.
SECTION 94. Section 26.08, Tax Code, is amended by adding
Subsection (p) to read as follows:
(p) Notwithstanding Subsections (n) and (o), a school
district is not required to obtain the approval at an election under
this section of the district's adopted tax rate if the rate does not
exceed the sum of:
(1) the maintenance and operations tax rate of the
district for the most recent tax year of the period that consists of
the 2007 and 2008 tax years in which the district's tax rate was
approved at an election under this section; and
(2) the district's current debt rate.
SECTION 95. Section 26.08, Tax Code, is amended by adding
Subsection (q) to read as follows:
(q) Notwithstanding Subsections (i), (n), and (o), if for
the preceding tax year the district adopted a maintenance and
operations tax rate that was less than the district's effective
maintenance and operations tax rate for that preceding tax year,
the rollback tax rate of the district for the current tax year is
calculated as if the district adopted a maintenance and operations
tax rate for the preceding tax year that was equal to the district's
effective maintenance and operations tax rate for that preceding
tax year.
SECTION 96. Chapter 26, Tax Code, is amended by adding
Section 26.083 to read as follows:
Sec. 26.083. TEMPORARY AUTHORIZATION TO ADOPT SCHOOL
DISTRICT TAX RATE THAT EXCEEDS DISTRICT'S ROLLBACK TAX RATE. (a)
The governing body of a school district in the manner provided by
law for official action by the governing body may call an election
to authorize the district to adopt a maintenance and operations tax
rate not to exceed a specified rate for a specified period.
(b) An election under this section must be held on a uniform
election date. If the governing body of the school district has not
adopted a tax rate for the current tax year before the date the
election is held, the election applies to the district's tax rate
for the current tax year and the following four tax years. If the
governing body of the school district adopted a tax rate for the
current tax year before the date the election is held, the election
applies to the district's tax rate for the following five tax years.
(c) The ballot for the election shall be prepared to permit
voting for or against the proposition: "Authorizing the (name of
school district) to adopt a tax rate for maintenance and operations
purposes for (the current tax year and the following four tax years
or the following five tax years, as applicable) at a rate not to
exceed $___ per $100 valuation." The ballot proposition must
include the proposed limit on the school district's maintenance and
operations tax rate.
(d) If a majority of the votes cast in the election favor the
proposition, the school district, for the current tax year and the
following four tax years or for the following five tax years, as
applicable, may adopt a tax rate that does not exceed the sum of the
rate stated in the ballot proposition and the district's current
debt rate for the applicable year without being required to hold an
election under Section 26.08 to ratify the adopted tax rate,
regardless of whether the adopted tax rate exceeds the district's
rollback tax rate for that tax year.
(e) If the proposition is not approved as provided by
Subsection (d), Section 26.08 applies to the school district's tax
rate for the applicable tax years.
SECTION 97. Section 31.06(a), Tax Code, is amended to read
as follows:
(a) Except as provided by Section 31.061, taxes are payable
only as provided by this section. A [in currency of the United
States. However, a] collector shall [may] accept United States
currency or a check or money order in payment of taxes[,] and shall
[may] accept payment by credit card or electronic funds transfer.
[A collector and a person may enter into an agreement under which
the person pays taxes by electronic funds transfer. The agreement
must:
[(1) be in writing;
[(2) be signed by the collector and the person; and
[(3) specify the means or format of payment by
electronic funds transfer.]
SECTION 98. Section 313.027, Tax Code, is amended by adding
Subsections (i) and (j) to read as follows:
(i) A person and the school district may not enter into an
agreement under which the person agrees to provide supplemental
payments to a school district in an amount that exceeds an amount
equal to $100 per student per year in average daily attendance, as
defined by Section 42.005, Education Code, or for a period that
exceeds the period described by Section 313.021(4) or 313.104(2)(B)
of this code. This limit does not apply to an amount described by
Subsection (f)(1) of this section.
(j) A local school district is entitled to enter into
multiple contracts with applicants and is entitled to receive the
amount per student in average daily attendance as specified in
Subsection (i) above.
SECTION 99. (a) The following provisions of the Education
Code are repealed:
(1) Subchapter N, Chapter 21;
(2) Section 21.704(b);
(3) Section 39.024(e);
(4) Sections 41.002(b) and (g);
(5) Section 41.098;
(6) Section 42.103(e);
(7) Sections 42.152(e), (f), (g), (h), (i), (j), (k),
(l), (m), (n), (o), (p), and (u);
(8) Sections 42.2511, 42.2512, 42.2513, and 42.2514;
(9) Section 42.2516(h);
(10) Section 42.2521; and
(11) Section 42.302(a-1).
(b) Sections 825.405(h) and (i), Government Code, are
repealed.
(c) Subchapter C, Chapter 1581, Insurance Code, is
repealed.
(d) Section 2, Chapter 1191 (H.B. 828), Acts of the 80th
Legislature, Regular Session, 2007, which amended Subsection
(a-1), Section 42.302, Education Code, is repealed.
(e) Section 40, Chapter 1504 (H.B. 6), Acts of the 77th
Legislature, Regular Session, 2001, is repealed.
SECTION 100. (a) Notwithstanding any other provision of
this Act, Sections 12.1331 and 21.402(c-1), Education Code, as
added by this Act, are expressly contingent on a determination by
the commissioner of education that payment of wage and salary
increases and associated benefits required by those sections are
allowable uses of federal funds received by school districts and
open-enrollment charter schools under the American Recovery and
Reinvestment Act of 2009 (Pub. L. No. 111-5) and appropriated as
part of the Foundation School Program. The commissioner may not
make a determination under this subsection until the state's
application to spend funds under the American Recovery and
Reinvestment Act of 2009 has been approved by the United States
government. The commissioner shall promptly notify school
districts and open-enrollment charter schools of that
determination. A determination by the commissioner under this
subsection is final and may not be appealed.
(b) A school district or open-enrollment charter school may
enter into an employment contract or agreement that is contingent
on a determination of the commissioner of education under
Subsection (a) of this section.
(c) The commissioner of education by rule may determine the
applicable minimum salary schedule for use by school districts
during the 2010-2011 state fiscal biennium following a
determination under Subsection (a) of this section. If the
commissioner determines that federal funds received by school
districts and open-enrollment charter schools under the American
Recovery and Reinvestment Act of 2009 may not be used for purposes
of Sections 12.1331 and 21.402(c-1), Education Code, as added by
this Act, those amendments have no effect in determining the salary
required to be paid to an employee of a school district or
open-enrollment charter school.
SECTION 101. Section 21.402(c-4), Education Code, as added
by this Act, does not affect a contract between a school district
and a person entitled to a minimum salary under Section 21.402,
Education Code, if the contract:
(1) was entered into before the effective date of the
change in law made by this Act; and
(2) provides for a salary greater than the minimum
salary to which the person would be entitled under Section
21.402(c-4), Education Code, as added by this Act.
SECTION 102. The provisions of Section 42.2516(b)(2),
Education Code, as amended by this Act, shall be effective for the
fiscal year that begins September 1, 2006, and any amounts due a
district shall be paid to the district in the fiscal year that
begins September 1, 2009, at the time other payments are made to the
district.
SECTION 103. Section 44.004, Education Code, Sections 3.005
and 4.008, Election Code, and Sections 26.01 and 26.05, Tax Code, as
amended by this Act, apply only to ad valorem taxes imposed for a
tax year beginning on or after the effective date of this Act.
SECTION 104. Section 26.083, Tax Code, as added by this Act,
applies only to the ad valorem tax rate of a school district for a
tax year beginning on or after the effective date of this Act.
SECTION 105. (a) Section 26.08(p), Tax Code, as added by
this Act, applies to the ad valorem tax rate of a school district
beginning with the 2009 tax year, except as provided by Subsection
(b) of this section.
(b) If the governing body of a school district adopted an ad
valorem tax rate for the school district for the 2009 tax year
before the effective date of this Act, Section 26.08(p), Tax Code,
as added by this Act, applies to the ad valorem tax rate of that
school district beginning with the 2010 tax year, and the law in
effect when the tax rate was adopted applies to the 2009 tax year
with respect to that school district.
SECTION 106. The commissioner of education shall ensure
that each school district receives, within the amount to which the
district is entitled under Section 42.2516, Education Code, the
total amount to which the district is entitled as a result of the
adjustment provided under Section 42.103(d), Education Code.
SECTION 107. (a) The change in law made by Section
26.08(q), Tax Code, as added by this Act, applies to the ad valorem
tax rate of a school district beginning with the 2009 tax year,
except as provided by Subsection (b) of this section.
(b) If the governing body of a school district adopted an ad
valorem tax rate for the school district for the 2009 tax year
before the effective date of this Act, the change in law made by
Section 26.08(q), Tax Code, as added by this Act, applies to the ad
valorem tax rate of that school district beginning with the 2010 tax
year, and the law in effect when the tax rate was adopted applies to
the 2009 tax year with respect to that school district.
SECTION 108. To the extent of any conflict, this Act
prevails over another Act of the 81st Legislature, Regular Session,
2009, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 109. Except as otherwise provided by this Act, this
Act takes effect September 1, 2009.
Years Experience 21 22 and over
Salary Factor 1.0217 1.0344
Years Experience 21 22 23 and over
Salary Factor 1.0217 1.0344 1.0471
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 and over
Salary Factor 1.0598
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 and over
Salary Factor 1.0598 1.0725
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26 and over
Salary Factor 1.0598 1.0725 1.0852
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 and over
Salary Factor 1.0979
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 and over
Salary Factor 1.0979 1.1106
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29 and over
Salary Factor 1.0979 1.1106 1.1233
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 and over
Salary Factor 1.1360
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 and over
Salary Factor 1.1360 1.1487
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 32 and over
Salary Factor 1.1360 1.1487 1.1614
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 32
Salary Factor 1.1360 1.1487 1.1614
Years Experience 33 and over
Salary Factor 1.1741
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 32
Salary Factor 1.1360 1.1487 1.1614
Years Experience 33 34 and over
Salary Factor 1.1741 1.1868
Years Experience 21 22 23
Salary Factor 1.0217 1.0344 1.0471
Years Experience 24 25 26
Salary Factor 1.0598 1.0725 1.0852
Years Experience 27 28 29
Salary Factor 1.0979 1.1106 1.1233
Years Experience 30 31 32
Salary Factor 1.1360 1.1487 1.1614
Years Experience 33 34 35 and over
Salary Factor 1.1741 1.1868 1.1995