Texas 2009 - 81st Regular

Texas Senate Bill SB701 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6530 PAM-D
2	2	By: Ellis S.B. No. 701
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state assistance to fund public school instructional
8	8	facilities that meet certain design and construction, renovation,
9	9	or improvement standards.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 46.003(a), Education Code, is amended to
12	12	read as follows:
13	13	(a) For each year, except as provided by Sections 46.005 and
14	14	46.006, a school district is guaranteed a specified amount per
15	15	student in state and local funds for each cent of tax effort, up to
16	16	the maximum rate under Subsection (b), to pay the principal of and
17	17	interest on eligible bonds issued to construct, acquire, renovate,
18	18	or improve an instructional facility. The amount of state support
19	19	is determined by the formula:
20	20	FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
21	21	where:
22	22	"FYA" is the guaranteed facilities yield amount of state
23	23	funds allocated to the district for the year;
24	24	"FYL" is the dollar amount guaranteed level of state and
25	25	local funds per student per cent of tax effort, which is $35 or a
26	26	greater amount for any year provided by appropriation or provided
27	27	for under Section 46.0031;
28	28	"ADA" is the greater of the number of students in average
29	29	daily attendance, as determined under Section 42.005, in the
30	30	district or 400;
31	31	"BTR" is the district's bond tax rate for the current year,
32	32	which is determined by dividing the amount budgeted by the district
33	33	for payment of eligible bonds by the quotient of the district's
34	34	taxable value of property as determined under Subchapter M, Chapter
35	35	403, Government Code, or, if applicable, Section 42.2521, divided
36	36	by 100; and
37	37	"DPV" is the district's taxable value of property as
38	38	determined under Subchapter M, Chapter 403, Government Code, or, if
39	39	applicable, Section 42.2521.
40	40	SECTION 2. Subchapter A, Chapter 46, Education Code, is
41	41	amended by adding Section 46.0031 to read as follows:
42	42	Sec. 46.0031. INCREASED ALLOTMENT AMOUNT FOR INSTRUCTIONAL
43	43	FACILITIES USING HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
44	44	CONSTRUCTION, RENOVATION, OR IMPROVEMENT STANDARDS. (a) This
45	45	section applies to state support to pay the principal and interest
46	46	only on eligible bonds as provided by Section 46.003(e) issued for
47	47	the design and construction or acquisition of an instructional
48	48	facility described by Subsection (b) or for the renovation or
49	49	improvement of an instructional facility described by Subsection
50	50	(b) the cost of which is more than 50 percent of the value of the
51	51	facility.
52	52	(b) An instructional facility to which this section applies
53	53	must be designed and constructed, renovated, or improved so that
54	54	the facility achieves certification under a high-performance
55	55	building standard that:
56	56	(1) exceeds, by at least 15 percent, building code
57	57	standards for energy and water efficiency existing at the beginning
58	58	of construction, renovation, or improvement;
59	59	(2) establishes minimum requirements for indoor air
60	60	quality;
61	61	(3) requires substantiating documentation for
62	62	certification;
63	63	(4) employs third-party, postconstruction measurement
64	64	and verification for certification; and
65	65	(5) is determined by the state energy conservation
66	66	office to be nationally recognized in the building industry.
67	67	(c) For an instructional facility to which this section
68	68	applies, the dollar amount guaranteed level of state and local
69	69	funds per student per cent of tax effort ("FYL") under Section
70	70	46.003(a) is an amount equal to the amount specified by Section
71	71	46.003(a) or by appropriation, as applicable, plus 10 percent of
72	72	the applicable amount.
73	73	(d) This section applies only if a sufficient amount of
74	74	money is appropriated to fund the minimum increased amount under
75	75	Subsection (c) for each year of the state fiscal biennium beginning
76	76	September 1, 2009. This subsection expires September 1, 2011.
77	77	SECTION 3. Section 46.032(a), Education Code, is amended to
78	78	read as follows:
79	79	(a) Each school district is guaranteed a specified amount
80	80	per student in state and local funds for each cent of tax effort to
81	81	pay the principal of and interest on eligible bonds. The amount of
82	82	state support, subject only to the maximum amount under Section
83	83	46.034, is determined by the formula:
84	84	EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
85	85	where:
86	86	"EDA" is the amount of state funds to be allocated to the
87	87	district for assistance with existing debt;
88	88	"EDGL" is the dollar amount guaranteed level of state and
89	89	local funds per student per cent of tax effort, which is $35 or a
90	90	greater amount for any year provided by appropriation or provided
91	91	for under Section 46.0321;
92	92	"ADA" is the number of students in average daily attendance,
93	93	as determined under Section 42.005, in the district;
94	94	"EDTR" is the existing debt tax rate of the district, which is
95	95	determined by dividing the amount budgeted by the district for
96	96	payment of eligible bonds by the quotient of the district's taxable
97	97	value of property as determined under Subchapter M, Chapter 403,
98	98	Government Code, or, if applicable, under Section 42.2521, divided
99	99	by 100; and
100	100	"DPV" is the district's taxable value of property as
101	101	determined under Subchapter M, Chapter 403, Government Code, or, if
102	102	applicable, under Section 42.2521.
103	103	SECTION 4. Subchapter B, Chapter 46, Education Code, is
104	104	amended by adding Section 46.0321 to read as follows:
105	105	Sec. 46.0321. INCREASED ALLOTMENT AMOUNT FOR INSTRUCTIONAL
106	106	FACILITIES USING HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
107	107	CONSTRUCTION, RENOVATION, OR IMPROVEMENT STANDARDS. (a) This
108	108	section applies to state support to pay existing debt only for the
109	109	design and construction or acquisition of an instructional facility
110	110	described by Subsection (b) or for the renovation or improvement of
111	111	an instructional facility described by Subsection (b) the cost of
112	112	which is more than 50 percent of the value of the facility.
113	113	(b) An instructional facility to which this section applies
114	114	must be designed and constructed, renovated, or improved so that
115	115	the facility achieves certification under a high-performance
116	116	building standard that:
117	117	(1) exceeds, by at least 15 percent, building code
118	118	standards for energy and water efficiency existing at the beginning
119	119	of construction, renovation, or improvement;
120	120	(2) establishes minimum requirements for indoor air
121	121	quality;
122	122	(3) requires substantiating documentation for
123	123	certification;
124	124	(4) employs third-party, postconstruction measurement
125	125	and verification for certification; and
126	126	(5) is determined by the state energy conservation
127	127	office to be nationally recognized in the building industry.
128	128	(c) For an instructional facility to which this section
129	129	applies, the dollar amount guaranteed level of state and local
130	130	funds per student per cent of tax effort ("EDGL") under Section
131	131	46.032(a) is increased to an amount equal to the amount specified by
132	132	Section 46.032(a) or by appropriation, as applicable, plus 10
133	133	percent of the applicable amount.
134	134	SECTION 5. This Act takes effect September 1, 2009.