1 | 1 | | 81R3550 CAE-F |
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2 | 2 | | By: Van de Putte, Eltife, West S.B. No. 982 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to public school finance. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 21.402(a), Education Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | (a) Except as provided by Subsection (d), (e), or (f), a |
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12 | 12 | | school district must pay each classroom teacher, full-time |
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13 | 13 | | librarian, full-time counselor certified under Subchapter B, or |
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14 | 14 | | full-time school nurse not less than the minimum monthly salary, |
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15 | 15 | | based on the employee's level of experience in addition to other |
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16 | 16 | | factors, as determined by commissioner rule, determined by the |
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17 | 17 | | following formula: |
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18 | 18 | | MS = SF x FS |
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19 | 19 | | where: |
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20 | 20 | | "MS" is the minimum monthly salary; |
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21 | 21 | | "SF" is the applicable salary factor specified by Subsection |
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22 | 22 | | (c); and |
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23 | 23 | | "FS" is the amount, as determined by the commissioner under |
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24 | 24 | | Subsection (b), of state and local funds per weighted student, |
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25 | 25 | | including funds provided under Section 42.2516(b-3) |
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26 | 26 | | [42.2516(b)(1)(B), but not funds provided under Section |
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27 | 27 | | 42.2516(b)(1)(A), (b)(1)(C), (b)(2), or (b)(3)], available to a |
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28 | 28 | | district eligible to receive state assistance under Section 42.302 |
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29 | 29 | | with a maintenance and operations tax rate per $100 of taxable value |
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30 | 30 | | equal to the product of the state compression percentage, as |
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31 | 31 | | determined under Section 42.2516, multiplied by $1.50, except that |
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32 | 32 | | the amount of state and local funds per weighted student does not |
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33 | 33 | | include the amount attributable to the increase in the guaranteed |
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34 | 34 | | level made by Chapter 1187, Acts of the 77th Legislature, Regular |
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35 | 35 | | Session, 2001. |
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36 | 36 | | SECTION 2. Sections 29.918(a) and (b), Education Code, are |
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37 | 37 | | amended to read as follows: |
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38 | 38 | | (a) Notwithstanding Section [39.114 or] 42.152, a school |
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39 | 39 | | district or open-enrollment charter school with a high dropout |
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40 | 40 | | rate, as determined by the commissioner, must submit a plan to the |
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41 | 41 | | commissioner describing the manner in which the district or charter |
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42 | 42 | | school intends to use the compensatory education allotment under |
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43 | 43 | | Section 42.152 and other funds [the high school allotment under |
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44 | 44 | | Section 42.2516(b)(3)] for developing and implementing |
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45 | 45 | | research-based strategies for dropout prevention. The district or |
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46 | 46 | | charter school shall submit the plan not later than December 1 of |
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47 | 47 | | each school year preceding the school year in which the district or |
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48 | 48 | | charter school will receive the compensatory education allotment or |
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49 | 49 | | other funds [high school allotment] to which the plan applies. |
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50 | 50 | | (b) A school district or open-enrollment charter school to |
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51 | 51 | | which this section applies may not spend or obligate more than 25 |
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52 | 52 | | percent of the district's or charter school's compensatory |
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53 | 53 | | education allotment [or high school allotment] unless the |
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54 | 54 | | commissioner approves the plan submitted under Subsection |
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55 | 55 | | (a). The commissioner shall complete an initial review of the |
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56 | 56 | | district's or charter school's plan not later than March 1 of the |
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57 | 57 | | school year preceding the school year in which the district or |
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58 | 58 | | charter school will receive the funds [compensatory education |
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59 | 59 | | allotment or high school allotment] to which the plan applies. |
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60 | 60 | | SECTION 3. Section 29.919(e), Education Code, is amended to |
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61 | 61 | | read as follows: |
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62 | 62 | | (e) As a condition of receiving a state grant, a campus must |
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63 | 63 | | contribute additional funding for activities provided at the campus |
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64 | 64 | | through the program, in an amount equal to at least $100 each school |
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65 | 65 | | year for each student in an eligible grade level served through the |
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66 | 66 | | program. The additional funding required by this subsection may |
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67 | 67 | | consist of local funds, private funds, or state funds other than |
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68 | 68 | | grant funds provided under this section. [For program activities |
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69 | 69 | | provided at the high school level, the high school allotment |
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70 | 70 | | provided under Section 42.2516(b)(3) may be used to meet the |
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71 | 71 | | additional funding requirement prescribed by this subsection.] |
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72 | 72 | | SECTION 4. The heading to Section 39.114, Education Code, |
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73 | 73 | | is amended to read as follows: |
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74 | 74 | | Sec. 39.114. SPECIAL HIGH SCHOOL PROGRAMS AND INITIATIVES |
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75 | 75 | | [ALLOTMENT]. |
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76 | 76 | | SECTION 5. Sections 39.114(a) and (d), Education Code, are |
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77 | 77 | | amended to read as follows: |
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78 | 78 | | (a) A [Except as provided by Subsection (b), a] school |
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79 | 79 | | district or campus, including an open-enrollment charter school, is |
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80 | 80 | | encouraged to [must] use funds in an amount equal to the amount that |
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81 | 81 | | would have been allocated to the district under Section |
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82 | 82 | | 42.2516(b)(3), as that section existed on January 1, 2009, to: |
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83 | 83 | | (1) implement or administer a college readiness |
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84 | 84 | | program that provides academic support and instruction to prepare |
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85 | 85 | | underachieving students for entrance into an institution of higher |
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86 | 86 | | education; |
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87 | 87 | | (2) implement or administer a program that encourages |
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88 | 88 | | students to pursue advanced academic opportunities, including |
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89 | 89 | | early college high school programs and dual credit, advanced |
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90 | 90 | | placement, and international baccalaureate courses; |
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91 | 91 | | (3) implement or administer a program that provides |
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92 | 92 | | opportunities for students to take academically rigorous course |
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93 | 93 | | work, including four years of mathematics and four years of science |
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94 | 94 | | at the high school level; |
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95 | 95 | | (4) implement or administer a program, including |
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96 | 96 | | online course support and professional development, that aligns the |
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97 | 97 | | curriculum for grades six through 12 with postsecondary curriculum |
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98 | 98 | | and expectations; or |
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99 | 99 | | (5) implement or administer other high school |
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100 | 100 | | completion and success initiatives in grades six through 12 |
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101 | 101 | | approved by the commissioner. |
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102 | 102 | | (d) The commissioner shall adopt rules to administer this |
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103 | 103 | | section[, including rules related to the permissible use of funds |
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104 | 104 | | allocated under this section to an open-enrollment charter school]. |
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105 | 105 | | SECTION 6. Section 41.002(a), Education Code, is amended to |
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106 | 106 | | read as follows: |
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107 | 107 | | (a) A school district may not have a wealth per student that |
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108 | 108 | | exceeds: |
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109 | 109 | | (1) the wealth per student that generates the amount |
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110 | 110 | | of maintenance and operations tax revenue per weighted student per |
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111 | 111 | | cent of tax effort available to a district as a result of the |
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112 | 112 | | guaranteed level provided by Section 42.302(a-1)(1) [at the 88th |
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113 | 113 | | percentile in wealth per student], for the district's maintenance |
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114 | 114 | | and operations tax effort equal to or less than the rate equal to |
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115 | 115 | | the product of the state compression percentage, as determined |
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116 | 116 | | under Section 42.2516, multiplied by the maintenance and operations |
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117 | 117 | | tax rate adopted by the district for the 2005 tax year; |
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118 | 118 | | (2) the wealth per student that generates the amount |
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119 | 119 | | of maintenance and operations tax revenue per weighted student per |
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120 | 120 | | cent of tax effort available to a district as a result of the |
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121 | 121 | | guaranteed level provided by Section 42.302(a-1)(2) [the Austin |
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122 | 122 | | Independent School District, as determined by the commissioner in |
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123 | 123 | | cooperation with the Legislative Budget Board], for the first six |
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124 | 124 | | cents by which the district's maintenance and operations tax rate |
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125 | 125 | | exceeds the rate equal to the product of the state compression |
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126 | 126 | | percentage, as determined under Section 42.2516, multiplied by the |
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127 | 127 | | maintenance and operations tax rate adopted by the district for the |
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128 | 128 | | 2005 tax year, subject to Section 41.093(b-1); or |
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129 | 129 | | (3) the wealth per student that generates the amount |
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130 | 130 | | of maintenance and operations tax revenue per weighted student per |
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131 | 131 | | cent of tax effort available to a district as a result of the |
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132 | 132 | | guaranteed level provided by Section 42.302(a-1)(3) [$319,500], |
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133 | 133 | | for the district's maintenance and operations tax effort that |
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134 | 134 | | exceeds the first six cents by which the district's maintenance and |
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135 | 135 | | operations tax effort exceeds the rate equal to the product of the |
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136 | 136 | | state compression percentage, as determined under Section 42.2516, |
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137 | 137 | | multiplied by the maintenance and operations tax rate adopted by |
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138 | 138 | | the district for the 2005 tax year. |
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139 | 139 | | SECTION 7. Section 41.099(a), Education Code, is amended to |
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140 | 140 | | read as follows: |
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141 | 141 | | (a) Sections [41.002(e),] 41.094 and [,] 41.097[, and |
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142 | 142 | | 41.098] apply only to a district that: |
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143 | 143 | | (1) executes an agreement to purchase all attendance |
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144 | 144 | | credits necessary to reduce the district's wealth per student to |
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145 | 145 | | the equalized wealth level; |
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146 | 146 | | (2) executes an agreement to purchase attendance |
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147 | 147 | | credits and an agreement under Subchapter E to contract for the |
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148 | 148 | | education of nonresident students who transfer to and are educated |
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149 | 149 | | in the district but who are not charged tuition; or |
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150 | 150 | | (3) executes an agreement under Subchapter E to |
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151 | 151 | | contract for the education of nonresident students: |
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152 | 152 | | (A) to an extent that does not provide more than |
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153 | 153 | | 10 percent of the reduction in wealth per student required for the |
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154 | 154 | | district to achieve a wealth per student that is equal to or less |
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155 | 155 | | than the equalized wealth level; and |
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156 | 156 | | (B) under which all revenue paid by the district |
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157 | 157 | | to other districts, in excess of the reduction in state aid that |
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158 | 158 | | results from counting the weighted average daily attendance of the |
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159 | 159 | | students served in the contracting district, is required to be used |
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160 | 160 | | for funding a consortium of at least three districts in a county |
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161 | 161 | | with a population of less than 40,000 that is formed to support a |
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162 | 162 | | technology initiative. |
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163 | 163 | | SECTION 8. Section 41.121, Education Code, is amended to |
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164 | 164 | | read as follows: |
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165 | 165 | | Sec. 41.121. AGREEMENT. The board of trustees of a district |
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166 | 166 | | with a wealth per student that exceeds the equalized wealth level |
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167 | 167 | | may execute an agreement to educate the students of another |
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168 | 168 | | district in a number that, when the weighted average daily |
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169 | 169 | | attendance of the students served is added to the weighted average |
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170 | 170 | | daily attendance of the contracting district, is sufficient, in |
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171 | 171 | | combination with any other actions taken under this chapter, to |
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172 | 172 | | reduce the district's wealth per student to a level that is equal to |
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173 | 173 | | or less than the equalized wealth level. The agreement is not |
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174 | 174 | | effective unless the commissioner certifies that the transfer of |
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175 | 175 | | weighted average daily attendance will not result in any of the |
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176 | 176 | | contracting districts' wealth per student being greater than the |
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177 | 177 | | equalized wealth level and that the agreement requires an |
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178 | 178 | | expenditure per student in weighted average daily attendance that |
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179 | 179 | | is at least equal to the amount per student in weighted average |
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180 | 180 | | daily attendance required under Section 41.093[, unless it is |
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181 | 181 | | determined by the commissioner that a quality educational program |
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182 | 182 | | can be delivered at a lesser amount. The commissioner may approve a |
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183 | 183 | | special financial arrangement between districts if that |
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184 | 184 | | arrangement serves the best educational interests of the state]. |
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185 | 185 | | SECTION 9. Section 42.2516, Education Code, is amended by |
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186 | 186 | | amending Subsections (d), (e), and (f) and adding Subsections |
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187 | 187 | | (a-2), (a-3), (a-4), (b-3), (b-4), (b-5), (b-6), and (b-7) to read |
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188 | 188 | | as follows: |
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189 | 189 | | (a-2) If, for the 2010-2011 school year or any subsequent |
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190 | 190 | | school year, the total amount of state and local revenue per student |
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191 | 191 | | in weighted average daily attendance for the maintenance and |
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192 | 192 | | operations of the district to which the district would be entitled |
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193 | 193 | | under this chapter or Chapter 41 exceeds the sum of $200 and the |
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194 | 194 | | amount of state and local revenue per student in weighted average |
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195 | 195 | | daily attendance for the maintenance and operations of the district |
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196 | 196 | | available to the district for the preceding school year, the |
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197 | 197 | | commissioner shall require the district, notwithstanding |
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198 | 198 | | Subsection (a) or any other law, to compress the district's |
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199 | 199 | | maintenance and operations tax rate as necessary to reduce the |
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200 | 200 | | district's available revenue to the lesser amount. |
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201 | 201 | | (a-3) Notwithstanding any other provision of law, the |
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202 | 202 | | amount of compression the commissioner may require under Subsection |
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203 | 203 | | (a-2) does not affect the state compression percentage under |
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204 | 204 | | Subsection (a). If the voters of a district required by the |
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205 | 205 | | commissioner to compress the district's maintenance and operations |
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206 | 206 | | tax rate under Subsection (a-2) have authorized a maintenance and |
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207 | 207 | | operations tax rate that is higher than the required compressed |
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208 | 208 | | rate, the district, notwithstanding Section 26.08, Tax Code, or any |
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209 | 209 | | other law, is not required in a subsequent year to obtain additional |
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210 | 210 | | voter authorization to impose a rate that does not exceed the |
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211 | 211 | | previously authorized rate. |
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212 | 212 | | (a-4) The amount of revenue to which a school district is |
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213 | 213 | | entitled because of the technology allotment under Section 32.005, |
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214 | 214 | | the transportation allotment under Section 42.155, and the new |
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215 | 215 | | instructional facility allotment under Section 42.158 is not |
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216 | 216 | | included in making a determination under Subsection (a-2). |
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217 | 217 | | (b-3) Subject to Subsections (b-4), (b-7), (e), (f-1), and |
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218 | 218 | | (g), but notwithstanding any other provision of this title, a |
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219 | 219 | | school district is entitled to state revenue necessary to provide |
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220 | 220 | | the district with the sum of: |
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221 | 221 | | (1) the amount of state and local revenue per student |
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222 | 222 | | in weighted average daily attendance for the maintenance and |
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223 | 223 | | operations of the district available to the district for the |
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224 | 224 | | 2008-2009 school year; |
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225 | 225 | | (2) the amount to which the district is entitled under |
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226 | 226 | | Section 42.155 for the current school year; |
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227 | 227 | | (3) the amount to which the district is entitled under |
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228 | 228 | | Section 42.158 for the current school year; and |
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229 | 229 | | (4) an amount equal to the product of: |
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230 | 230 | | (A) for the 2009-2010 school year, $75 multiplied |
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231 | 231 | | by the number of students in weighted average daily attendance in |
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232 | 232 | | the district; or |
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233 | 233 | | (B) for each subsequent school year, $175 |
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234 | 234 | | multiplied by the number of students in weighted average daily |
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235 | 235 | | attendance in the district. |
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236 | 236 | | (b-4) For each school year, the commissioner shall |
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237 | 237 | | calculate for each school district in accordance with Subsection |
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238 | 238 | | (b-5) the additional maintenance and operations tax effort, in |
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239 | 239 | | excess of the district's maintenance and operations tax rate for |
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240 | 240 | | the 2008 tax year, that is needed to entitle the district to the |
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241 | 241 | | amount of increased revenue described by Subsection (b-3)(4). If a |
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242 | 242 | | district's maintenance and operations tax rate is less than $1 on |
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243 | 243 | | the $100 valuation of taxable property and does not equal at least |
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244 | 244 | | the sum of the district's maintenance and operations tax rate for |
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245 | 245 | | the 2008 tax year and the needed additional tax effort calculated by |
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246 | 246 | | the commissioner, the amount of increased revenue to which the |
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247 | 247 | | district is entitled under Subsection (b-3)(4) is adjusted by |
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248 | 248 | | applying the ratio of the amount by which the district's |
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249 | 249 | | maintenance and operations tax rate exceeds the district's |
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250 | 250 | | maintenance and operations tax rate for the 2008 tax year divided by |
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251 | 251 | | the needed additional tax effort calculated by the commissioner. |
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252 | 252 | | (b-5) Notwithstanding any other provision of law, the |
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253 | 253 | | additional school district maintenance and operations tax effort |
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254 | 254 | | described by Subsection (b-4) is the difference between the tax |
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255 | 255 | | rate resulting from the product of the maximum maintenance and |
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256 | 256 | | operations tax rate permitted for the 2005 tax year under Section |
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257 | 257 | | 45.003 and the state compression percentage under Subsection (a), |
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258 | 258 | | minus the district's tax rate described by Section 42.302(a-1)(1). |
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259 | 259 | | The tax effort described in Subsection (b-4) is subject to all rules |
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260 | 260 | | and entitled to the same guaranteed level of state and local funds |
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261 | 261 | | per weighted student per cent of tax effort as tax effort described |
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262 | 262 | | by Section 42.302(a-1)(1). |
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263 | 263 | | (b-6) Notwithstanding any other provision of law, the |
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264 | 264 | | increased revenue described by Subsection (b-3)(4) is not included |
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265 | 265 | | in the determination of the number of students in weighted average |
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266 | 266 | | daily attendance under Section 42.302(a). |
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267 | 267 | | (b-7) The amount of revenue to which a district is entitled |
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268 | 268 | | under Subsection (b-3) includes funds sufficient to ensure the |
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269 | 269 | | maintenance of: |
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270 | 270 | | (1) the professional staff salary allotment provided |
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271 | 271 | | by Subsection (b)(2) and the high school allotment provided by |
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272 | 272 | | Subsection (b)(3) as those sections existed on January 1, 2009; |
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273 | 273 | | (2) the staff salary allotment provided by Section |
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274 | 274 | | 42.2513 as that section existed on January 1, 2009; |
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275 | 275 | | (3) funding for school district employees who |
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276 | 276 | | participate in a group health coverage plan provided by or through |
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277 | 277 | | the district; |
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278 | 278 | | (4) the $110 per weighted student allocation |
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279 | 279 | | authorized in Rider 82, page III-23, Chapter 1330 (H.B. 1), Acts of |
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280 | 280 | | the 78th Legislature, Regular Session, 2003 (the General |
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281 | 281 | | Appropriations Act); and |
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282 | 282 | | (5) the $23.63 per weighted student allocation |
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283 | 283 | | authorized in Rider 86, page III-23, Chapter 1428 (H.B. 1), Acts of |
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284 | 284 | | the 80th Legislature, Regular Session, 2007 (the General |
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285 | 285 | | Appropriations Act). |
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286 | 286 | | (d) If [, for the 2006-2007 or a subsequent school year,] a |
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287 | 287 | | school district enters into an agreement under Subchapter E, |
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288 | 288 | | Chapter 41, the commissioner shall reduce the amount of state |
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289 | 289 | | revenue to which the district is entitled under Subsection (b-3) |
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290 | 290 | | [(b)] for that school year by an amount equal to any additional |
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291 | 291 | | revenue for that school year that the district receives and retains |
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292 | 292 | | as a result of that agreement, which is the amount by which the |
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293 | 293 | | total maintenance and operations revenue available to the district |
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294 | 294 | | exceeds the total maintenance and operations revenue that would |
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295 | 295 | | have been available to the district if the district had not entered |
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296 | 296 | | into the agreement and had imposed a maintenance and operations tax |
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297 | 297 | | at the maximum rate permitted under Section 45.003(d), less any |
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298 | 298 | | amount the district pays to another entity under the agreement. |
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299 | 299 | | (e) The amount of revenue to which a school district is |
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300 | 300 | | entitled because of the technology allotment under Section 32.005, |
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301 | 301 | | the transportation allotment under Section 42.155, and the new |
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302 | 302 | | instructional facility allotment under Section 42.158 and the |
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303 | 303 | | amount of state and local revenue resulting from a tax rate |
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304 | 304 | | described by Section 42.302(a-1)(2) or (3) are [is] not included in |
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305 | 305 | | making a determination under Subsection (b-3)(1) [(b)(1)]. |
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306 | 306 | | (f) For purposes of determining the amount of revenue to |
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307 | 307 | | which a school district is entitled under this section, the |
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308 | 308 | | commissioner shall use the average tax collection rate for the |
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309 | 309 | | district for the 2006, 2007, and 2008 [2003, 2004, and 2005] tax |
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310 | 310 | | years. |
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311 | 311 | | SECTION 10. Section 42.260(a), Education Code, is amended |
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312 | 312 | | to read as follows: |
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313 | 313 | | (a) In this section, "participating charter school" means |
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314 | 314 | | an open-enrollment charter school that participates in the uniform |
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315 | 315 | | group coverage program established under Chapter 1579, Insurance |
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316 | 316 | | Code [has the meaning assigned by Section 42.2514]. |
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317 | 317 | | SECTION 11. Effective September 1, 2009, Section |
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318 | 318 | | 42.302(a-1), Education Code, is amended to read as follows: |
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319 | 319 | | (a-1) In this section, "wealth per student" has the meaning |
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320 | 320 | | assigned by Section 41.001. For purposes of Subsection (a), the |
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321 | 321 | | dollar amount guaranteed level of state and local funds per |
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322 | 322 | | weighted student per cent of tax effort ("GL") for a school district |
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323 | 323 | | is: |
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324 | 324 | | (1) the greater of 90 percent of the amount of district |
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325 | 325 | | tax revenue per weighted student per cent of tax effort that would |
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326 | 326 | | be available to the Austin Independent School District [a district |
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327 | 327 | | at the 88th percentile in wealth per student], as determined by the |
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328 | 328 | | commissioner in cooperation with the Legislative Budget Board, or |
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329 | 329 | | the amount of district tax revenue per weighted student per cent of |
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330 | 330 | | tax effort used for purposes of this subdivision in the preceding |
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331 | 331 | | school year, for the district's maintenance and operations tax |
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332 | 332 | | effort equal to or less than the rate equal to the product of the |
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333 | 333 | | state compression percentage, as determined under Section 42.2516, |
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334 | 334 | | multiplied by the maintenance and operations tax rate adopted by |
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335 | 335 | | the district for the 2005 tax year; |
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336 | 336 | | (2) the greater of the amount of district tax revenue |
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337 | 337 | | per weighted student per cent of tax effort that would be available |
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338 | 338 | | to the Austin Independent School District, as determined by the |
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339 | 339 | | commissioner in cooperation with the Legislative Budget Board, if |
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340 | 340 | | the reduction of the limitation on tax increases as provided by |
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341 | 341 | | Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the |
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342 | 342 | | amount of district tax revenue per weighted student per cent of tax |
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343 | 343 | | effort used for purposes of this subdivision in the preceding |
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344 | 344 | | school year, for the first six cents by which the district's |
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345 | 345 | | maintenance and operations tax rate exceeds the rate equal to the |
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346 | 346 | | product of the state compression percentage, as determined under |
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347 | 347 | | Section 42.2516 [and notwithstanding the limitation on district |
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348 | 348 | | enrichment tax rate ("DTR") under Section 42.303], multiplied by |
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349 | 349 | | the maintenance and operations tax rate adopted by the district for |
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350 | 350 | | the 2005 tax year; and |
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351 | 351 | | (3) $31.95, for the district's maintenance and |
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352 | 352 | | operations tax effort that exceeds the amount of tax effort |
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353 | 353 | | described by Subdivision (2). |
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354 | 354 | | SECTION 12. Effective September 1, 2010, Section |
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355 | 355 | | 42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and |
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356 | 356 | | 1191 (H.B. 828), Acts of the 80th Legislature, Regular Session, |
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357 | 357 | | 2007, is reenacted and amended to read as follows: |
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358 | 358 | | (a-1) In this section, "wealth per student" has the meaning |
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359 | 359 | | assigned by Section 41.001. For purposes of Subsection (a), the |
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360 | 360 | | dollar amount guaranteed level of state and local funds per |
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361 | 361 | | weighted student per cent of tax effort ("GL") for a school district |
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362 | 362 | | is: |
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363 | 363 | | (1) the greater of 95 percent of the amount of district |
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364 | 364 | | tax revenue per weighted student per cent of tax effort that would |
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365 | 365 | | be available to the Austin Independent School District [a district |
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366 | 366 | | at the 88th percentile in wealth per student], as determined by the |
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367 | 367 | | commissioner in cooperation with the Legislative Budget Board, or |
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368 | 368 | | the amount of district tax revenue per weighted student per cent of |
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369 | 369 | | tax effort used for purposes of this subdivision in the preceding |
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370 | 370 | | school year, for the district's maintenance and operations tax |
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371 | 371 | | effort equal to or less than the rate equal to the product of the |
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372 | 372 | | state compression percentage, as determined under Section 42.2516, |
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373 | 373 | | multiplied by the maintenance and operations tax rate adopted by |
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374 | 374 | | the district for the 2005 tax year; |
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375 | 375 | | (2) the greater of the amount of district tax revenue |
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376 | 376 | | per weighted student per cent of tax effort that would be available |
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377 | 377 | | to the Austin Independent School District, as determined by the |
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378 | 378 | | commissioner in cooperation with the Legislative Budget Board, if |
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379 | 379 | | the reduction of the limitation on tax increases as provided by |
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380 | 380 | | Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the |
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381 | 381 | | amount of district tax revenue per weighted student per cent of tax |
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382 | 382 | | effort used for purposes of this subdivision in the preceding |
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383 | 383 | | school year, for the first six cents by which the district's |
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384 | 384 | | maintenance and operations tax rate exceeds the rate equal to the |
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385 | 385 | | product of the state compression percentage, as determined under |
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386 | 386 | | Section 42.2516, multiplied by the maintenance and operations tax |
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387 | 387 | | rate adopted by the district for the 2005 tax year; and |
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388 | 388 | | (3) $31.95, for the district's maintenance and |
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389 | 389 | | operations tax effort that exceeds the amount of tax effort |
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390 | 390 | | described by Subdivision (2). |
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391 | 391 | | SECTION 13. Effective September 1, 2011, Section |
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392 | 392 | | 42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and |
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393 | 393 | | 1191 (H.B. 828), Acts of the 80th Legislature, Regular Session, |
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394 | 394 | | 2007, is reenacted and amended to read as follows: |
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395 | 395 | | (a-1) In this section, "wealth per student" has the meaning |
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396 | 396 | | assigned by Section 41.001. For purposes of Subsection (a), the |
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397 | 397 | | dollar amount guaranteed level of state and local funds per |
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398 | 398 | | weighted student per cent of tax effort ("GL") for a school district |
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399 | 399 | | is: |
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400 | 400 | | (1) the greater of the amount of district tax revenue |
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401 | 401 | | per weighted student per cent of tax effort that would be available |
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402 | 402 | | to the Austin Independent School District [a district at the 88th |
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403 | 403 | | percentile in wealth per student], as determined by the |
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404 | 404 | | commissioner in cooperation with the Legislative Budget Board, or |
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405 | 405 | | the amount of district tax revenue per weighted student per cent of |
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406 | 406 | | tax effort used for purposes of this subdivision in the preceding |
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407 | 407 | | school year, for the district's maintenance and operations tax |
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408 | 408 | | effort equal to or less than the rate equal to the product of the |
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409 | 409 | | state compression percentage, as determined under Section 42.2516, |
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410 | 410 | | multiplied by the maintenance and operations tax rate adopted by |
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411 | 411 | | the district for the 2005 tax year; |
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412 | 412 | | (2) the greater of the amount of district tax revenue |
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413 | 413 | | per weighted student per cent of tax effort that would be available |
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414 | 414 | | to the Austin Independent School District, as determined by the |
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415 | 415 | | commissioner in cooperation with the Legislative Budget Board, if |
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416 | 416 | | the reduction of the limitation on tax increases as provided by |
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417 | 417 | | Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the |
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418 | 418 | | amount of district tax revenue per weighted student per cent of tax |
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419 | 419 | | effort used for purposes of this subdivision in the preceding |
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420 | 420 | | school year, for the first six cents by which the district's |
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421 | 421 | | maintenance and operations tax rate exceeds the rate equal to the |
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422 | 422 | | product of the state compression percentage, as determined under |
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423 | 423 | | Section 42.2516, multiplied by the maintenance and operations tax |
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424 | 424 | | rate adopted by the district for the 2005 tax year; and |
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425 | 425 | | (3) $31.95, for the district's maintenance and |
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426 | 426 | | operations tax effort that exceeds the amount of tax effort |
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427 | 427 | | described by Subdivision (2). |
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428 | 428 | | SECTION 14. Section 1579.251(a), Insurance Code, is amended |
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429 | 429 | | to read as follows: |
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430 | 430 | | (a) The state shall assist employees of participating |
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431 | 431 | | school districts and charter schools in the purchase of group |
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432 | 432 | | health coverage under this chapter by providing for each covered |
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433 | 433 | | employee the amount of $900 each state fiscal year or a greater |
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434 | 434 | | amount as provided by the General Appropriations Act. The state |
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435 | 435 | | contribution shall be distributed through the school finance |
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436 | 436 | | formulas under Chapters 41 and 42, Education Code, and used by |
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437 | 437 | | school districts and charter schools as provided by Section |
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438 | 438 | | [Sections 42.2514 and] 42.260, Education Code. |
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439 | 439 | | SECTION 15. Section 1581.053(b), Insurance Code, is amended |
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440 | 440 | | to read as follows: |
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441 | 441 | | (b) Notwithstanding Subsection (a), amounts a district or |
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442 | 442 | | school is required to use to pay contributions under a group health |
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443 | 443 | | coverage plan for district or school employees under Section |
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444 | 444 | | [42.2514 or] 42.260, Education Code, other than amounts described |
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445 | 445 | | by Section 42.260(c)(2)(B), are not used in computing whether the |
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446 | 446 | | district or school complies with Section 1581.052. |
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447 | 447 | | SECTION 16. (a) The following sections of the Education |
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448 | 448 | | Code are repealed: |
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449 | 449 | | (1) Section 29.097(g); |
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450 | 450 | | (2) Section 29.098(h); |
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451 | 451 | | (3) Sections 39.114(b), (b-1), and (c); |
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452 | 452 | | (4) Sections 41.002(e), (f), and (g); |
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453 | 453 | | (5) Section 41.098; |
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454 | 454 | | (6) Sections 42.2511, 42.2512, 42.2513, and 42.2514; |
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455 | 455 | | and |
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456 | 456 | | (7) Sections 42.2516(a-1), (b), (b-1), (b-2), (c), and |
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457 | 457 | | (h). |
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458 | 458 | | (b) Section 403.302(j), Government Code, is repealed. |
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459 | 459 | | (c) Subchapter C, Chapter 1581, Insurance Code, is |
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460 | 460 | | repealed. |
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461 | 461 | | SECTION 17. To the extent of any conflict, this Act prevails |
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462 | 462 | | over another Act of the 81st Legislature, Regular Session, 2009, |
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463 | 463 | | relating to nonsubstantive additions to and corrections in enacted |
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464 | 464 | | codes. |
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465 | 465 | | SECTION 18. Except as otherwise provided by this Act, this |
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466 | 466 | | Act takes effect September 1, 2009. |
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