By: Seliger S.B. No. 401 (In the Senate - Filed January 5, 2009; February 17, 2009, read first time and referred to Committee on Education; March 9, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; March 9, 2009, sent to printer.) COMMITTEE SUBSTITUTE FOR S.B. No. 401 By: Averitt A BILL TO BE ENTITLED AN ACT relating to eligibility for the small and mid-sized district adjustment under the public school finance system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 42.2516, Education Code, is amended by amending Subsection (b) and adding Subsection (h-2) to read as follows: (b) Subject to Subsections (b-1), (b-2), (f-1), (g), [and] (h), and (h-2), but notwithstanding any other provision of this title, a school district is entitled to state revenue necessary to provide the district with the sum of: (1) the amount of state revenue necessary to maintain state and local revenue per student in weighted average daily attendance in the amount equal to the greater of: (A) the amount of state and local revenue per student in weighted average daily attendance for the maintenance and operations of the district available to the district for the 2005-2006 school year; (B) the amount of state and local revenue per student in weighted average daily attendance for the maintenance and operations of the district to which the district would have been entitled for the 2006-2007 school year under this chapter, as it existed on January 1, 2006, or, if the district would have been subject to Chapter 41, as that chapter existed on January 1, 2006, the amount to which the district would have been entitled under that chapter, based on the funding elements in effect for the 2005-2006 school year, if the district imposed a maintenance and operations tax at the rate adopted by the district for the 2005 tax year; or (C) the amount of state and local revenue per student in weighted average daily attendance for the maintenance and operations of the district to which the district would have been entitled for the 2006-2007 school year under this chapter, as it existed on January 1, 2006, or, if the district would have been subject to Chapter 41, as that chapter existed on January 1, 2006, the amount to which the district would have been entitled under that chapter, based on the funding elements in effect for the 2005-2006 school year, if the district imposed a maintenance and operations tax at the rate equal to the rate described by Section 26.08(i) or (k)(1), Tax Code, as applicable, for the 2006 tax year; (2) an amount equal to the product of $2,500 multiplied by the number of classroom teachers, full-time librarians, full-time counselors certified under Subchapter B, Chapter 21, and full-time school nurses employed by the district and entitled to a minimum salary under Section 21.402; and (3) an amount equal to the product of $275 multiplied by the number of students in average daily attendance in grades nine through 12 in the district. (h-2) Notwithstanding any other provision of this code, the repeal of Section 42.103(e) by S.B. No. 401, Acts of the 81st Legislature, Regular Session, 2009, may not increase the amount of state and local funds to which a school district is entitled under Subsection (b). SECTION 2. Subsection (e), Section 42.103, Education Code, is repealed. SECTION 3. This Act takes effect September 1, 2009. * * * * *