Texas 2011 - 82nd Regular

Texas House Bill HB400 Compare Versions

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1	1	82R19071 VOO-D
2	2	By: Eissler, Aycock, Crownover, H.B. No. 400
3	3	Anderson of McLennan, Garza, et al.
4	4	Substitute the following for H.B. No. 400:
5	5	By: Smith of Tarrant C.S.H.B. No. 400
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to flexibility for public schools to administer primary
11	11	and secondary education efficiently.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 11.0581, Education Code, is amended by
14	14	adding Subsection (e) to read as follows:
15	15	(e) The joint election agreement allocating expenses as
16	16	provided by Section 271.004, Election Code, must provide that a
17	17	school district is responsible only for the proportion of election
18	18	expenses that corresponds to the proportion that the number of
19	19	precincts located within the school district's boundaries bears to
20	20	the total number of precincts participating in the joint election.
21	21	SECTION 2. Subchapter D, Chapter 11, Education Code, is
22	22	amended by adding Section 11.179 to read as follows:
23	23	Sec. 11.179. UNIFORM NOTICE FOR CERTAIN BOARD HEARINGS AND
24	24	MEETINGS. (a) The board of trustees of a school district shall
25	25	provide notice of a hearing under Sections 39.083 and 39.306 and a
26	26	meeting under Section 44.004 by:
27	27	(1) sending the notice through e-mail to media serving
28	28	the district;
29	29	(2) prominently posting the entire notice, in addition
30	30	to any required documents or summaries, on the district's Internet
31	31	website;
32	32	(3) making the notice, in addition to any required
33	33	documents or summaries, available for public inspection at the
34	34	district's central administrative office; and
35	35	(4) making the notice, in addition to any required
36	36	documents or summaries, available for public inspection at each
37	37	campus in the district.
38	38	(b) In addition to providing notice as required by
39	39	Subsection (a), the board may also provide notice as permitted by
40	40	Section 39.083, 39.306, or 44.004, as applicable.
41	41	SECTION 3. Sections 12.133(b), (b-1), (c), and (d-1),
42	42	Education Code, are amended to read as follows:
43	43	(b) Each school year, using state funds received by the
44	44	charter holder for that purpose under Subsection (d), a charter
45	45	holder that participated in the program under Chapter 1579,
46	46	Insurance Code, for the 2005-2006 school year shall provide
47	47	employees of the charter holder, other than administrators,
48	48	compensation in the form of annual salaries, incentives, or other
49	49	compensation determined appropriate by the charter holder that
50	50	results in an average compensation increase for classroom teachers,
51	51	full-time librarians, full-time counselors, and full-time school
52	52	nurses who are employed by the charter holder [and who would be
53	53	entitled to a minimum salary under Section 21.402 if employed by a
54	54	school district,] in an amount at least equal to $2,500.
55	55	(b-1) Using state funds received by the charter holder for
56	56	that purpose under Subsection (d-1), a charter holder that
57	57	participated in the program under Chapter 1579, Insurance Code, for
58	58	the 2005-2006 school year shall provide employees of the charter
59	59	holder, other than administrators, compensation in the form of
60	60	annual salaries, incentives, or other compensation determined
61	61	appropriate by the charter holder that results in average
62	62	compensation increases as follows:
63	63	(1) for full-time employees other than full-time
64	64	classroom teachers, full-time librarians, full-time counselors,
65	65	and full-time nurses [employees who would be entitled to a minimum
66	66	salary under Section 21.402 if employed by a school district], an
67	67	average increase at least equal to $500; and
68	68	(2) for part-time employees, an average increase at
69	69	least equal to $250.
70	70	(c) Each school year, using state funds received by the
71	71	charter holder for that purpose under Subsection (e), a charter
72	72	holder that did not participate in the program under Chapter 1579,
73	73	Insurance Code, for the 2005-2006 school year shall provide
74	74	employees of the charter holder, other than administrators,
75	75	compensation in the form of annual salaries, incentives, or other
76	76	compensation determined appropriate by the charter holder that
77	77	results in an average compensation increase for classroom teachers,
78	78	full-time librarians, full-time counselors, and full-time school
79	79	nurses who are employed by the charter holder [and who would be
80	80	entitled to a minimum salary under Section 21.402 if employed by a
81	81	school district,] in an amount at least equal to $2,000.
82	82	(d-1) In addition to any amounts to which a charter holder
83	83	is entitled under this chapter, a charter holder that participated
84	84	in the program under Chapter 1579, Insurance Code, for the
85	85	2005-2006 school year is entitled to state aid in an amount, as
86	86	determined by the commissioner, equal to the sum of:
87	87	(1) the product of $500 multiplied by the number of
88	88	full-time employees other than full-time classroom teachers,
89	89	full-time librarians, full-time counselors, and full-time nurses
90	90	[employees who would be entitled to a minimum salary under Section
91	91	21.402 if employed by a school district]; and
92	92	(2) the product of $250 multiplied by the number of
93	93	part-time employees.
94	94	SECTION 4. Section 19.007(f), Education Code, is amended to
95	95	read as follows:
96	96	(f) In addition to other amounts received by the district
97	97	under this section, the district is entitled to state aid in an
98	98	amount equal to the product of $2,000 multiplied by the number of
99	99	classroom teachers, full-time librarians, full-time counselors
100	100	certified under Subchapter B, Chapter 21, and full-time school
101	101	nurses who are employed by the district [and who would be entitled
102	102	to a minimum salary under Section 21.402 if employed by a school
103	103	district operating under Chapter 11].
104	104	SECTION 5. Section 19.009(d-1), Education Code, is amended
105	105	to read as follows:
106	106	(d-1) Each school year, the district shall pay an amount at
107	107	least equal to $2,000 to each classroom teacher, full-time
108	108	librarian, full-time counselor certified under Subchapter B,
109	109	Chapter 21, and full-time school nurse who is employed by the
110	110	district [and who would be entitled to a minimum salary under
111	111	Section 21.402 if employed by a school district operating under
112	112	Chapter 11]. A payment under this section is in addition to wages
113	113	the district would otherwise pay the employee during the school
114	114	year.
115	115	SECTION 6. Section 21.0031(b), Education Code, is amended
116	116	to read as follows:
117	117	(b) After an employee receives notice that the employee's
118	118	contract is void under Subsection (a),[:
119	119	[(1)] a school district may:
120	120	(1) [(A)] terminate the employee;
121	121	(2) [(B)] suspend the employee with or without pay; or
122	122	(3) [(C)] retain the employee for the remainder of the
123	123	school year on an at-will employment basis in a position other than
124	124	classroom teacher at the employee's existing rate of pay or at a
125	125	reduced rate[; and
126	126	[(2) the employee is not entitled to the minimum
127	127	salary prescribed by Section 21.402].
128	128	SECTION 7. Section 21.103(a), Education Code, is amended to
129	129	read as follows:
130	130	(a) The board of trustees of a school district may terminate
131	131	the employment of a teacher employed under a probationary contract
132	132	at the end of the contract period if in the board's judgment the
133	133	best interests of the district will be served by terminating the
134	134	employment. The board of trustees must give notice of its decision
135	135	to terminate the employment to the teacher not later than [the 45th
136	136	day before] the last day of instruction required under the
137	137	contract. The notice must be delivered personally to the teacher or
138	138	mailed by regular mail or prepaid certified mail or by an express
139	139	delivery service to the teacher's address of record with the
140	140	district. Notice that is mailed in accordance with this subsection
141	141	is considered given at the time of mailing. The board's decision is
142	142	final and may not be appealed.
143	143	SECTION 8. Section 21.157, Education Code, is amended to
144	144	read as follows:
145	145	Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher
146	146	employed under a continuing contract may be released at the end of a
147	147	school year and the teacher's employment with the school district
148	148	terminated at that time because of a necessary reduction of
149	149	personnel by the school district[, with those reductions made in
150	150	the reverse order of seniority in the specific teaching fields].
151	151	SECTION 9. Section 21.206(a), Education Code, is amended to
152	152	read as follows:
153	153	(a) Not later than the [45th day before the] last day of
154	154	instruction in a school year, the board of trustees shall notify in
155	155	writing each teacher whose contract is about to expire whether the
156	156	board proposes to renew or not renew the contract. The notice must
157	157	be delivered personally to the teacher or mailed by regular mail or
158	158	prepaid certified mail or by an express delivery service to the
159	159	teacher's address of record with the district. Notice that is
160	160	mailed in accordance with this subsection is considered given at
161	161	the time of mailing.
162	162	SECTION 10. Section 21.211, Education Code, is amended by
163	163	adding Subsection (a-1) to read as follows:
164	164	(a-1) A teacher whose term contract is terminated under
165	165	Subsection (a)(2) before the end of the contract period may request
166	166	a hearing before the board of trustees or the board's designee as
167	167	provided by Section 21.207 for a hearing on a proposed nonrenewal of
168	168	a contract. A teacher who is aggrieved by a decision of the board or
169	169	the board's designee at a hearing under this subsection may appeal
170	170	to the commissioner for review of the decision in accordance with
171	171	Subchapter G. The commissioner may not substitute the
172	172	commissioner's judgment for that of the board of trustees or the
173	173	board's designee unless the decision of the board or the board's
174	174	designee was not supported by substantial evidence based on the
175	175	record made at the hearing before the board or the board's designee.
176	176	SECTION 11. Subchapter I, Chapter 21, Education Code, is
177	177	amended by adding Section 21.4032 to read as follows:
178	178	Sec. 21.4032. LOCAL COMPENSATION PLAN. (a) A school
179	179	district shall adopt a strategic plan for determining the
180	180	compensation of the district's classroom teachers, full-time
181	181	librarians, full-time counselors certified under Subchapter B, and
182	182	full-time school nurses. A district's strategic compensation plan
183	183	must be designed to recruit, reward, and retain effective classroom
184	184	teachers, librarians, counselors, and nurses.
185	185	(b) In developing a plan under Subsection (a), a school
186	186	district shall consider including provisions under which the
187	187	district may analyze any of several factors when determining
188	188	compensation, including, as applicable:
189	189	(1) demonstrated effectiveness in improving student
190	190	achievement;
191	191	(2) service as a mentor for other classroom teachers;
192	192	(3) assumption of responsibilities in addition to
193	193	regular duties;
194	194	(4) results of performance evaluations;
195	195	(5) whether a classroom teacher teaches in a subject
196	196	area or position that is an acute shortage area as determined by the
197	197	board of trustees of the district as provided by Section
198	198	824.602(m), Government Code, if the classroom teacher meets state
199	199	and federal qualifications to teach in that subject area or
200	200	position;
201	201	(6) whether a classroom teacher teaches a greater
202	202	number of students than the average teacher in the district;
203	203	(7) whether an employee teaches at or is assigned to a
204	204	district school at which, as determined by the board of trustees of
205	205	the district, the district has difficulty hiring or retaining
206	206	classroom teachers or other professional employees; or
207	207	(8) other job-related duties, as determined by the
208	208	district.
209	209	(c) A school district must adopt a process to consider input
210	210	from classroom teachers, librarians, counselors, and nurses before
211	211	adoption or revision of a plan under Subsection (a).
212	212	(d) A plan adopted under Subsection (a) may provide for
213	213	nonfinancial compensation, including flexible scheduling or
214	214	additional leave, and compensation for employees who meet
215	215	campus-wide goals.
216	216	(e) A plan adopted under Subsection (a) may not consider
217	217	athletic coaching or other athletic performance or achievement in
218	218	determining compensation. Payment for service as a coach or with
219	219	regard to extracurricular activities must be determined separately
220	220	from the plan.
221	221	SECTION 12. Section 21.4551(e), Education Code, is amended
222	222	to read as follows:
223	223	(e) From funds appropriated for that purpose, a teacher who
224	224	attends a reading academy is entitled to receive a stipend in the
225	225	amount determined by the commissioner. [A stipend received under
226	226	this subsection is not considered in determining whether a district
227	227	is paying the teacher the minimum monthly salary under Section
228	228	21.402.]
229	229	SECTION 13. Section 22.107(a), Education Code, is amended
230	230	to read as follows:
231	231	(a) A school district shall pay each full-time district
232	232	employee, other than an administrator or a classroom teacher,
233	233	full-time librarian, full-time counselor certified under
234	234	Subchapter B, Chapter 21, or full-time school nurse [an employee
235	235	subject to the minimum salary schedule under Section 21.402], an
236	236	amount at least equal to $500.
237	237	SECTION 14. Sections 25.112(a) and (d), Education Code, are
238	238	amended to read as follows:
239	239	(a) Except as otherwise authorized by this section, a school
240	240	district may not enroll more than a district-wide average of 22
241	241	students in [a] kindergarten, first, second, third, and [or] fourth
242	242	grade classes or more than 25 students in a class at one of those
243	243	grade levels. Those limitations do [class. That limitation does]
244	244	not apply during:
245	245	(1) any 12-week period of the school year selected by
246	246	the district, in the case of a district whose average daily
247	247	attendance is adjusted under Section 42.005(c); or
248	248	(2) the last 12 weeks of any school year in the case of
249	249	any other district.
250	250	(d) On application of a school district, the commissioner
251	251	may except the district from a [the] limit in Subsection (a) if the
252	252	commissioner finds the limit works an undue hardship on the
253	253	district. An exception expires at the end of the school year for
254	254	which it is granted.
255	255	SECTION 15. Section 25.113(a), Education Code, is amended
256	256	to read as follows:
257	257	(a) A campus or district that is granted an exception under
258	258	Section 25.112(d) from class size limits shall provide written
259	259	notice of the exception to the parent of or person standing in
260	260	parental relation to each student affected by the exception. The
261	261	notice must be included in a regular mailing or other communication
262	262	from the campus or district, such as information sent home with
263	263	students. The notice must be in conspicuous bold or underlined
264	264	print and, as applicable:
265	265	(1) specify the class for which an exception from the
266	266	limit imposed by Section 25.112(a) was granted;
267	267	(2) state the number of children in the class for which
268	268	the exception was granted;
269	269	(3) state that an exception from the district-wide
270	270	average limit imposed by Section 25.112(a) was granted; and
271	271	(4) state the district-wide average number of children
272	272	in a class for which the exception was granted [and
273	273	[(3) be included in a regular mailing or other
274	274	communication from the campus or district, such as information sent
275	275	home with students].
276	276	SECTION 16. Section 28.0211(c), Education Code, is amended
277	277	to read as follows:
278	278	(c) Each time a student fails to perform satisfactorily on
279	279	an assessment instrument specified under Subsection (a), the school
280	280	district in which the student attends school shall provide to the
281	281	student accelerated instruction in the applicable subject area,
282	282	including reading instruction for a student who fails to perform
283	283	satisfactorily on a reading assessment instrument. After a student
284	284	fails to perform satisfactorily on an assessment instrument a
285	285	second time, a grade placement committee shall be established to
286	286	prescribe the accelerated instruction the district shall provide to
287	287	the student before the student is administered the assessment
288	288	instrument the third time. The grade placement committee shall be
289	289	composed of the principal or the principal's designee, the
290	290	student's parent or guardian, and the teacher of the subject of an
291	291	assessment instrument on which the student failed to perform
292	292	satisfactorily. The district shall notify the parent or guardian
293	293	of the time and place for convening the grade placement committee
294	294	and the purpose of the committee. [An accelerated instruction
295	295	group administered by a school district under this section may not
296	296	have a ratio of more than 10 students for each teacher.]
297	297	SECTION 17. Section 30.022(f), Education Code, is amended
298	298	to read as follows:
299	299	(f) Before the beginning of each fiscal year, the board
300	300	shall adopt a calendar for the school's operation that provides for
301	301	at least[:
302	302	[(1)] the minimum number of days of instruction
303	303	required by Section 25.081[; and
304	304	[(2) the minimum number of days of service required by
305	305	Section 21.401].
306	306	SECTION 18. Section 30.052(f), Education Code, is amended
307	307	to read as follows:
308	308	(f) Before the beginning of each fiscal year, the board
309	309	shall adopt a calendar for the school's operation that:
310	310	(1) provides for at least[:
311	311	[(1)] the minimum number of days of instruction
312	312	required by Section 25.081; and
313	313	(2) is consistent with the number of days of service in
314	314	contracts between the school and classroom teachers [the minimum
315	315	number of days of service required by Section 21.401].
316	316	SECTION 19. Section 38.101(a), Education Code, is amended
317	317	to read as follows:
318	318	(a) Except as provided by Subsection (b), a school district
319	319	annually shall assess the physical fitness of students enrolled in
320	320	grade three or higher in a course that:
321	321	(1) satisfies the curriculum requirements for
322	322	physical education under Section 28.002(a)(2)(C); or
323	323	(2) serves as a physical education credit under
324	324	Section 28.025(b-1) [grades 3 through 12].
325	325	SECTION 20. Section 39.083(d), Education Code, is amended
326	326	to read as follows:
327	327	(d) The board of trustees of each school district shall hold
328	328	a public hearing on the report. The board shall give notice of the
329	329	hearing to owners of real property in the district and to parents of
330	330	district students. In addition to other notice required by law,
331	331	notice of the hearing:
332	332	(1) may [must] be provided[:
333	333	[(1)] to a newspaper of general circulation in the
334	334	district; and
335	335	(2) must be provided as prescribed by Section
336	336	11.179(a) [through electronic mail to media serving the district].
337	337	SECTION 21. Section 39.306(c), Education Code, is amended
338	338	to read as follows:
339	339	(c) The board of trustees shall hold a hearing for public
340	340	discussion of the report. The board of trustees shall give notice
341	341	of the hearing to property owners in the district and parents of and
342	342	other persons standing in parental relation to a district student.
343	343	The notification may [must] include notice to a newspaper of
344	344	general circulation in the district and must include notice as
345	345	prescribed by Section 11.179(a) [to electronic media serving the
346	346	district]. After the hearing the report shall be widely
347	347	disseminated within the district in a manner to be determined under
348	348	rules adopted by the commissioner.
349	349	SECTION 22. Section 42.2513(a), Education Code, is amended
350	350	to read as follows:
351	351	(a) A school district, including a school district that is
352	352	otherwise ineligible for state aid under this chapter, is entitled
353	353	to state aid in an amount equal to the sum of:
354	354	(1) the product of $500 multiplied by the number of
355	355	full-time district employees, other than administrators or
356	356	classroom teachers, full-time librarians, full-time counselors
357	357	certified under Subchapter B, Chapter 21, or full-time school
358	358	nurses [employees subject to the minimum salary schedule under
359	359	Section 21.402]; and
360	360	(2) the product of $250 multiplied by the number of
361	361	part-time district employees, other than administrators.
362	362	SECTION 23. Sections 44.004(b), (c), (i), and (j),
363	363	Education Code, are amended to read as follows:
364	364	(b) The president shall provide for [the publication of]
365	365	notice of the budget and proposed tax rate meeting as prescribed by
366	366	Section 11.179(a) and may provide for publication of the notice in a
367	367	daily, weekly, or biweekly newspaper published in the district. If
368	368	no daily, weekly, or biweekly newspaper is published in the
369	369	district, the president may [shall] provide for the publication of
370	370	notice in at least one newspaper of general circulation in the
371	371	county in which the district's central administrative office is
372	372	located. Notice under this subsection shall be provided [published]
373	373	not earlier than the 30th day or later than the 10th day before the
374	374	date of the meeting [hearing].
375	375	(c) A [The] notice of public meeting to discuss and adopt
376	376	the budget and the proposed tax rate published in a newspaper under
377	377	Subsection (b) may not be smaller than one-quarter page of a
378	378	standard-size or a tabloid-size newspaper, and the headline on the
379	379	notice must be in 18-point or larger type. Subject to Subsection
380	380	(d), [the] notice required under this section must:
381	381	(1) contain a statement in the following form:
382	382	"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE
383	383	"The (name of school district) will hold a public meeting at
384	384	(time, date, year) in (name of room, building, physical location,
385	385	city, state). The purpose of this meeting is to discuss the school
386	386	district's budget that will determine the tax rate that will be
387	387	adopted. Public participation in the discussion is invited." The
388	388	statement of the purpose of the meeting must be in bold type. In
389	389	reduced type, the notice must state: "The tax rate that is
390	390	ultimately adopted at this meeting or at a separate meeting at a
391	391	later date may not exceed the proposed rate shown below unless the
392	392	district provides [publishes a] revised notice containing the same
393	393	information and comparisons set out below and holds another public
394	394	meeting to discuss the revised notice.";
395	395	(2) contain a section entitled "Comparison of Proposed
396	396	Budget with Last Year's Budget," which must show the difference,
397	397	expressed as a percent increase or decrease, as applicable, in the
398	398	amounts budgeted for the preceding fiscal year and the amount
399	399	budgeted for the fiscal year that begins in the current tax year for
400	400	each of the following:
401	401	(A) maintenance and operations;
402	402	(B) debt service; and
403	403	(C) total expenditures;
404	404	(3) contain a section entitled "Total Appraised Value
405	405	and Total Taxable Value," which must show the total appraised value
406	406	and the total taxable value of all property and the total appraised
407	407	value and the total taxable value of new property taxable by the
408	408	district in the preceding tax year and the current tax year as
409	409	calculated under Section 26.04, Tax Code;
410	410	(4) contain a statement of the total amount of the
411	411	outstanding and unpaid bonded indebtedness of the school district;
412	412	(5) contain a section entitled "Comparison of Proposed
413	413	Rates with Last Year's Rates," which must:
414	414	(A) show in rows the tax rates described by
415	415	Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of
416	416	property, for columns entitled "Maintenance & Operations,"
417	417	"Interest & Sinking Fund," and "Total," which is the sum of
418	418	"Maintenance & Operations" and "Interest & Sinking Fund":
419	419	(i) the school district's "Last Year's
420	420	Rate";
421	421	(ii) the "Rate to Maintain Same Level of
422	422	Maintenance & Operations Revenue & Pay Debt Service," which:
423	423	(a) in the case of "Maintenance &
424	424	Operations," is the tax rate that, when applied to the current
425	425	taxable value for the district, as certified by the chief appraiser
426	426	under Section 26.01, Tax Code, and as adjusted to reflect changes
427	427	made by the chief appraiser as of the time the notice is prepared,
428	428	would impose taxes in an amount that, when added to state funds to
429	429	be distributed to the district under Chapter 42, would provide the
430	430	same amount of maintenance and operations taxes and state funds
431	431	distributed under Chapter 42 per student in average daily
432	432	attendance for the applicable school year that was available to the
433	433	district in the preceding school year; and
434	434	(b) in the case of "Interest & Sinking
435	435	Fund," is the tax rate that, when applied to the current taxable
436	436	value for the district, as certified by the chief appraiser under
437	437	Section 26.01, Tax Code, and as adjusted to reflect changes made by
438	438	the chief appraiser as of the time the notice is prepared, and when
439	439	multiplied by the district's anticipated collection rate, would
440	440	impose taxes in an amount that, when added to state funds to be
441	441	distributed to the district under Chapter 46 and any excess taxes
442	442	collected to service the district's debt during the preceding tax
443	443	year but not used for that purpose during that year, would provide
444	444	the amount required to service the district's debt; and
445	445	(iii) the "Proposed Rate";
446	446	(B) contain fourth and fifth columns aligned with
447	447	the columns required by Paragraph (A) that show, for each row
448	448	required by Paragraph (A):
449	449	(i) the "Local Revenue per Student," which
450	450	is computed by multiplying the district's total taxable value of
451	451	property, as certified by the chief appraiser for the applicable
452	452	school year under Section 26.01, Tax Code, and as adjusted to
453	453	reflect changes made by the chief appraiser as of the time the
454	454	notice is prepared, by the total tax rate, and dividing the product
455	455	by the number of students in average daily attendance in the
456	456	district for the applicable school year; and
457	457	(ii) the "State Revenue per Student," which
458	458	is computed by determining the amount of state aid received or to be
459	459	received by the district under Chapters 42, 43, and 46 and dividing
460	460	that amount by the number of students in average daily attendance in
461	461	the district for the applicable school year; and
462	462	(C) contain an asterisk after each calculation
463	463	for "Interest & Sinking Fund" and a footnote to the section that, in
464	464	reduced type, states "The Interest & Sinking Fund tax revenue is
465	465	used to pay for bonded indebtedness on construction, equipment, or
466	466	both. The bonds, and the tax rate necessary to pay those bonds,
467	467	were approved by the voters of this district.";
468	468	(6) contain a section entitled "Comparison of Proposed
469	469	Levy with Last Year's Levy on Average Residence," which must:
470	470	(A) show in rows the information described by
471	471	Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns
472	472	entitled "Last Year" and "This Year":
473	473	(i) "Average Market Value of Residences,"
474	474	determined using the same group of residences for each year;
475	475	(ii) "Average Taxable Value of Residences,"
476	476	determined after taking into account the limitation on the
477	477	appraised value of residences under Section 23.23, Tax Code, and
478	478	after subtracting all homestead exemptions applicable in each year,
479	479	other than exemptions available only to disabled persons or persons
480	480	65 years of age or older or their surviving spouses, and using the
481	481	same group of residences for each year;
482	482	(iii) "Last Year's Rate Versus Proposed
483	483	Rate per $100 Value"; and
484	484	(iv) "Taxes Due on Average Residence,"
485	485	determined using the same group of residences for each year; and
486	486	(B) contain the following information: "Increase
487	487	(Decrease) in Taxes" expressed in dollars and cents, which is
488	488	computed by subtracting the "Taxes Due on Average Residence" for
489	489	the preceding tax year from the "Taxes Due on Average Residence" for
490	490	the current tax year;
491	491	(7) contain the following statement in bold print:
492	492	"Under state law, the dollar amount of school taxes imposed on the
493	493	residence of a person 65 years of age or older or of the surviving
494	494	spouse of such a person, if the surviving spouse was 55 years of age
495	495	or older when the person died, may not be increased above the amount
496	496	paid in the first year after the person turned 65, regardless of
497	497	changes in tax rate or property value.";
498	498	(8) contain the following statement in bold print:
499	499	"Notice of Rollback Rate: The highest tax rate the district can
500	500	adopt before requiring voter approval at an election is (the school
501	501	district rollback rate determined under Section 26.08, Tax Code).
502	502	This election will be automatically held if the district adopts a
503	503	rate in excess of the rollback rate of (the school district rollback
504	504	rate)."; and
505	505	(9) contain a section entitled "Fund Balances," which
506	506	must include the estimated amount of interest and sinking fund
507	507	balances and the estimated amount of maintenance and operation or
508	508	general fund balances remaining at the end of the current fiscal
509	509	year that are not encumbered with or by corresponding debt
510	510	obligation, less estimated funds necessary for the operation of the
511	511	district before the receipt of the first payment under Chapter 42 in
512	512	the succeeding school year.
513	513	(i) A school district that uses a certified estimate, as
514	514	authorized by Subsection (h), may adopt a budget at the public
515	515	meeting designated in the notice prepared using the estimate, but
516	516	the district may not adopt a tax rate before the district receives
517	517	the certified appraisal roll for the district required by Section
518	518	26.01(a), Tax Code. After receipt of the certified appraisal roll,
519	519	the district must provide [publish a] revised notice and hold
520	520	another public meeting before the district may adopt a tax rate that
521	521	exceeds:
522	522	(1) the rate proposed in the notice prepared using the
523	523	estimate; or
524	524	(2) the district's rollback rate determined under
525	525	Section 26.08, Tax Code, using the certified appraisal roll.
526	526	(j) Notwithstanding Subsections (g), (h), and (i), a school
527	527	district may adopt a budget after the district adopts a tax rate for
528	528	the tax year in which the fiscal year covered by the budget begins
529	529	if the district elects to adopt a tax rate before receiving the
530	530	certified appraisal roll for the district as provided by Section
531	531	26.05(g), Tax Code. If a school district elects to adopt a tax rate
532	532	before adopting a budget, the district must provide [publish]
533	533	notice and hold a meeting for the purpose of discussing the proposed
534	534	tax rate as provided by this section. Following adoption of the tax
535	535	rate, the district must provide [publish] notice and hold another
536	536	public meeting before the district may adopt a budget. The
537	537	comptroller shall prescribe the language and format to be used in
538	538	the notices. The school district may use the certified estimate of
539	539	taxable value in preparing a notice under this subsection.
540	540	SECTION 24. Subchapter A, Chapter 44, Education Code, is
541	541	amended by adding Section 44.011 to read as follows:
542	542	Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees
543	543	of a school district may adopt a resolution declaring a financial
544	544	exigency for the district. The declaration expires at the end of the
545	545	fiscal year during which the declaration is made unless the board
546	546	adopts a resolution before the end of the fiscal year declaring
547	547	continuation of the financial exigency for the following fiscal
548	548	year.
549	549	(b) The board is not limited in the number of times the board
550	550	may adopt a resolution declaring continuation of the financial
551	551	exigency.
552	552	(c) A board may terminate a financial exigency declaration
553	553	at any time if the board considers it appropriate.
554	554	(d) Each time the board adopts a resolution under this
555	555	section, the board must notify the commissioner. The commissioner
556	556	by rule shall prescribe the time and manner in which notice must be
557	557	given to the commissioner under this subsection.
558	558	SECTION 25. Section 45.003(a), Education Code, is amended
559	559	to read as follows:
560	560	(a) Bonds described by Section 45.001 may not be issued and
561	561	taxes described by Section 45.001 or 45.002 may not be levied unless
562	562	authorized by a majority of the qualified voters of the district,
563	563	voting at an election held for that purpose, at the expense of the
564	564	district, in accordance with the Election Code, except as provided
565	565	by this section. Each election must be called by resolution or
566	566	order of the governing board or commissioners court. The
567	567	resolution or order must state the date of the election, the
568	568	proposition or propositions to be submitted and voted on, the
569	569	polling place or places, and any other matters considered necessary
570	570	or advisable by the governing board or commissioners court. If an
571	571	election under this section is held as a joint election under
572	572	Chapter 271, Election Code, the polling places must be designated
573	573	in the manner provided by Section 11.0581(c) for polling places in
574	574	an election for trustees.
575	575	SECTION 26. Section 271.003(b), Election Code, is amended
576	576	to read as follows:
577	577	(b) The voters of a particular election precinct or
578	578	political subdivision may be served in a joint election by a common
579	579	polling place located outside the boundary of the election precinct
580	580	or political subdivision if the location can adequately and
581	581	conveniently serve the affected voters and will facilitate the
582	582	orderly conduct of the election, except as otherwise provided by
583	583	Section 11.0581, Education Code, or other law.
584	584	SECTION 27. Section 825.405, Government Code, is amended by
585	585	amending Subsections (a) and (b) and adding Subsection (j) to read
586	586	as follows:
587	587	(a) For members in a personnel position that would have been
588	588	entitled to the minimum salary for certain school personnel under
589	589	Section 21.402, Education Code, as that section existed on January
590	590	1, 2011, and for members who would have been entitled to the minimum
591	591	salary for certain school personnel under former Section 16.056,
592	592	Education Code, as that section existed on January 1, 1995, the
593	593	employing district shall pay the state's contribution on the
594	594	portion of the member's salary that exceeds the statutory minimum
595	595	salary, based on the member's years of experience.
596	596	(b) For purposes of this section,[:
597	597	[(1)] the statutory minimum salary is the amount
598	598	specified below [for certain school personnel under Section 21.402,
599	599	Education Code, is the salary provided by that section] multiplied
600	600	by the cost of education adjustment applicable under Section
601	601	42.102, Education Code, to the district in which the member is
602	602	employed:
603	603	Years of Monthly Years of Monthly
604	604	Years of Monthly
605	605	Experience Salary Experience Salary
606	606	Experience Salary
607	607	0 2,732 0 2,732
608	608	0 2,732
609	609	1 2,791 1 2,791
610	610	1 2,791
611	611	2 2,849 2 2,849
612	612	2 2,849
613	613	3 2,908 3 2,908
614	614	3 2,908
615	615	4 3,032 4 3,032
616	616	4 3,032
617	617	5 3,156 5 3,156
618	618	5 3,156
619	619	6 3,280 6 3,280
620	620	6 3,280
621	621	7 3,395 7 3,395
622	622	7 3,395
623	623	8 3,504 8 3,504
624	624	8 3,504
625	625	9 3,607 9 3,607
626	626	9 3,607
627	627	10 3,704 10 3,704
628	628	10 3,704
629	629	11 3,796 11 3,796
630	630	11 3,796
631	631	12 3,884 12 3,884
632	632	12 3,884
633	633	13 3,965 13 3,965
634	634	13 3,965
635	635	14 4,043 14 4,043
636	636	14 4,043
637	637	15 4,116 15 4,116
638	638	15 4,116
639	639	16 4,186 16 4,186
640	640	16 4,186
641	641	17 4,251 17 4,251
642	642	17 4,251
643	643	18 4,313 18 4,313
644	644	18 4,313
645	645	19 4,372 19 4,372
646	646	19 4,372
647	647	20 & Over 4,427 20 & Over 4,427
648	648	20 & Over 4,427
649	649	[; and
650	650	[(2) the statutory minimum salary for members who
651	651	would have been entitled to the minimum salary for certain school
652	652	personnel under former Section 16.056, Education Code, as that
653	653	section existed on January 1, 1995, is a minimum salary computed in
654	654	the same manner as the minimum salary for certain school personnel
655	655	under Section 21.402, Education Code, multiplied by the cost of
656	656	education adjustment applicable under Section 42.102, Education
657	657	Code, to the district in which the member is employed.]
658	658	(j) At least once every four years, the Legislative Budget
659	659	Board shall review and make recommendations regarding revision of
660	660	the portion of the state's contribution for which school districts
661	661	are responsible under this section.
662	662	SECTION 28. (a) The following provisions of the Education
663	663	Code are repealed:
664	664	(1) Section 21.401;
665	665	(2) Section 21.402;
666	666	(3) Section 21.403;
667	667	(4) Section 21.4031;
668	668	(5) Section 21.410(l);
669	669	(6) Section 21.411(l);
670	670	(7) Section 21.412(l);
671	671	(8) Section 21.413(l);
672	672	(9) Section 29.0821(c); and
673	673	(10) Section 30.102(b).
674	674	(b) Section 823.404, Government Code, is repealed.
675	675	SECTION 29. A plan adopted by a school district under
676	676	Section 21.4032, Education Code, as added by this Act, may not be
677	677	used by the district for determining employee compensation paid
678	678	before the 2012-2013 school year.
679	679	SECTION 30. The changes in law made by Section 11.179,
680	680	Education Code, as added by this Act, and Sections 39.083(d),
681	681	39.306(c), and 44.004(b), (c), (i), and (j), Education Code, as
682	682	amended by this Act, apply only to notice for a hearing or meeting
683	683	for which notice is required to be provided on or after the
684	684	effective date of this Act. A notice for a hearing or meeting for
685	685	which notice is required to be provided before the effective date of
686	686	this Act is governed by the law in effect when the notice is
687	687	required to be provided, and the former law is continued in effect
688	688	for that purpose.
689	689	SECTION 31. (a) Except as provided by Subsection (b) of
690	690	this section, this Act applies beginning with the 2011-2012 school
691	691	year.
692	692	(b) If this Act takes effect on or before April 10, 2011, the
693	693	change in law made by Sections 21.103 and 21.206, Education Code, as
694	694	amended by this Act, applies beginning with contracts for the
695	695	2011-2012 school year. If this Act takes effect after April 10,
696	696	2011, the change in law made by Sections 21.103 and 21.206,
697	697	Education Code, as amended by this Act, applies beginning with
698	698	contracts for the 2012-2013 school year.
699	699	SECTION 32. The repeal by this Act of Section 823.404,
700	700	Government Code, does not affect equivalent membership service
701	701	credit established under that section before the effective date of
702	702	this Act.
703	703	SECTION 33. This Act takes effect immediately if it
704	704	receives a vote of two-thirds of all the members elected to each
705	705	house, as provided by Section 39, Article III, Texas Constitution.
706	706	If this Act does not receive the vote necessary for immediate
707	707	effect, this Act takes effect September 1, 2011.
708	708
709	709	Years of Monthly
710	710
711	711	Experience Salary
712	712
713	713	0 2,732
714	714
715	715	1 2,791
716	716
717	717	2 2,849
718	718
719	719	3 2,908
720	720
721	721	4 3,032
722	722
723	723	5 3,156
724	724
725	725	6 3,280
726	726
727	727	7 3,395
728	728
729	729	8 3,504
730	730
731	731	9 3,607
732	732
733	733	10 3,704
734	734
735	735	11 3,796
736	736
737	737	12 3,884
738	738
739	739	13 3,965
740	740
741	741	14 4,043
742	742
743	743	15 4,116
744	744
745	745	16 4,186
746	746
747	747	17 4,251
748	748
749	749	18 4,313
750	750
751	751	19 4,372
752	752
753	753	20 & Over 4,427