81R6530 PAM-D
By: Ellis S.B. No. 701
A BILL TO BE ENTITLED
AN ACT
relating to state assistance to fund public school instructional
facilities that meet certain design and construction, renovation,
or improvement standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 or provided
for under Section 46.0031;
"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 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 as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, Section 42.2521.
SECTION 2. Subchapter A, Chapter 46, Education Code, is
amended by adding Section 46.0031 to read as follows:
Sec. 46.0031. INCREASED ALLOTMENT AMOUNT FOR INSTRUCTIONAL
FACILITIES USING HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
CONSTRUCTION, RENOVATION, OR IMPROVEMENT STANDARDS. (a) This
section applies to state support to pay the principal and interest
only on eligible bonds as provided by Section 46.003(e) issued for
the design and construction or acquisition of an instructional
facility described by Subsection (b) or for the renovation or
improvement of an instructional facility described by Subsection
(b) the cost of which is more than 50 percent of the value of the
facility.
(b) An instructional facility to which this section applies
must be designed and constructed, renovated, or improved so that
the facility achieves certification under a high-performance
building standard that:
(1) exceeds, by at least 15 percent, building code
standards for energy and water efficiency existing at the beginning
of construction, renovation, or improvement;
(2) establishes minimum requirements for indoor air
quality;
(3) requires substantiating documentation for
certification;
(4) employs third-party, postconstruction measurement
and verification for certification; and
(5) is determined by the state energy conservation
office to be nationally recognized in the building industry.
(c) For an instructional facility to which this section
applies, the dollar amount guaranteed level of state and local
funds per student per cent of tax effort ("FYL") under Section
46.003(a) is an amount equal to the amount specified by Section
46.003(a) or by appropriation, as applicable, plus 10 percent of
the applicable amount.
(d) This section applies only if a sufficient amount of
money is appropriated to fund the minimum increased amount under
Subsection (c) for each year of the state fiscal biennium beginning
September 1, 2009. This subsection expires September 1, 2011.
SECTION 3. 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 or provided
for under Section 46.0321;
"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 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 as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521.
SECTION 4. Subchapter B, Chapter 46, Education Code, is
amended by adding Section 46.0321 to read as follows:
Sec. 46.0321. INCREASED ALLOTMENT AMOUNT FOR INSTRUCTIONAL
FACILITIES USING HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
CONSTRUCTION, RENOVATION, OR IMPROVEMENT STANDARDS. (a) This
section applies to state support to pay existing debt only for the
design and construction or acquisition of an instructional facility
described by Subsection (b) or for the renovation or improvement of
an instructional facility described by Subsection (b) the cost of
which is more than 50 percent of the value of the facility.
(b) An instructional facility to which this section applies
must be designed and constructed, renovated, or improved so that
the facility achieves certification under a high-performance
building standard that:
(1) exceeds, by at least 15 percent, building code
standards for energy and water efficiency existing at the beginning
of construction, renovation, or improvement;
(2) establishes minimum requirements for indoor air
quality;
(3) requires substantiating documentation for
certification;
(4) employs third-party, postconstruction measurement
and verification for certification; and
(5) is determined by the state energy conservation
office to be nationally recognized in the building industry.
(c) For an instructional facility to which this section
applies, the dollar amount guaranteed level of state and local
funds per student per cent of tax effort ("EDGL") under Section
46.032(a) is increased to an amount equal to the amount specified by
Section 46.032(a) or by appropriation, as applicable, plus 10
percent of the applicable amount.
SECTION 5. This Act takes effect September 1, 2009.