82R28815 KKA/KSD/JSC-D
By: Ogden S.B. No. 1581
(Pitts)
Substitute the following for S.B. No. 1581: No.
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters, and certain public health and
safety matters, related to public and higher education; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT
SECTION 1.01. Subsection (h), Section 28.053, Education
Code, is amended to read as follows:
(h) The commissioner may enter into agreements with the
college board and the International Baccalaureate Organization to
pay for all examinations taken by eligible public school students.
An eligible student is a student [one] who:
(1) takes a college advanced placement or
international baccalaureate course at a public school or who is
recommended by the student's principal or teacher to take the test;
and
(2) demonstrates financial need as determined in
accordance with guidelines adopted by the board that are consistent
with the definition of financial need adopted by the college board
or the International Baccalaureate Organization.
ARTICLE 2. FISCAL MATTERS CONCERNING EARLY HIGH SCHOOL GRADUATION
SECTION 2.01. Subchapter K, Chapter 56, Education Code, is
amended by adding Section 56.2012 to read as follows:
Sec. 56.2012. EXPIRATION OF SUBCHAPTER; ELIGIBILITY
CLOSED. (a) This subchapter expires September 1, 2017.
(b) Notwithstanding Section 56.203, a person may not
receive an award under this subchapter if the person graduates from
high school on or after September 1, 2011.
SECTION 2.02. Subsection (b), Section 54.213, Education
Code, is amended to read as follows:
(b) [Savings to the foundation school fund that occur as a
result of the Early High School Graduation Scholarship program
created in Subchapter K, Chapter 56, and that are not required for
the funding of state credits for tuition and mandatory fees under
Section 56.204 or school district credits under Section 56.2075
shall be used first to provide tuition exemptions under Section
54.212. Any of those savings remaining after providing tuition
exemptions under Section 54.212 shall be used to provide tuition
exemptions under Section 54.214.] The Texas Education Agency shall
[also] accept and make available to provide tuition exemptions
under Section 54.214 gifts, grants, and donations made to the
agency for that purpose. The commissioner of education shall
transfer those funds to the Texas Higher Education Coordinating
Board to distribute to institutions of higher education that
provide exemptions under that section [Payment of funds under this
subsection shall be made in the manner provided by Section 56.207
for state credits under Subchapter K, Chapter 56].
SECTION 2.03. Section 56.210, Education Code, is repealed.
ARTICLE 3. FISCAL MATTERS CONCERNING TUITION EXEMPTIONS
SECTION 3.01. Subsection (c), Section 54.214, Education
Code, is amended to read as follows:
(c) To be eligible for an exemption under this section, a
person must:
(1) be a resident of this state;
(2) be a school employee serving in any capacity;
(3) for the initial term or semester for which the
person receives an exemption under this section, have worked as an
educational aide for at least one school year during the five years
preceding that term or semester;
(4) establish financial need as determined by
coordinating board rule;
(5) be enrolled at the institution of higher education
granting the exemption in courses required for teacher
certification in one or more subject areas determined by the Texas
Education Agency to be experiencing a critical shortage of teachers
at the public schools in this state [at the institution of higher
education granting the exemption];
(6) maintain an acceptable grade point average as
determined by coordinating board rule; and
(7) comply with any other requirements adopted by the
coordinating board under this section.
SECTION 3.02. The change in law made by this article applies
beginning with tuition and fees charged for the 2011 fall semester.
Tuition and fees charged for a term or semester before the 2011 fall
semester are covered by the law in effect during the term or
semester for which the tuition and fees are charged, and the former
law is continued in effect for that purpose.
ARTICLE 4. FISCAL MATTERS CONCERNING DUAL HIGH SCHOOL AND JUNIOR
COLLEGE CREDIT
SECTION 4.01. Subsection (c), Section 130.008, Education
Code, is amended to read as follows:
(c) The contact hours attributable to the enrollment of a
high school student in a course offered for joint high school and
junior college credit under this section, excluding a course for
which the student attending high school may receive course credit
toward the physical education curriculum requirement under Section
28.002(a)(2)(C), shall be included in the contact hours used to
determine the junior college's proportionate share of the state
money appropriated and distributed to public junior colleges under
Sections 130.003 and 130.0031, even if the junior college waives
all or part of the tuition or fees for the student under Subsection
(b).
SECTION 4.02. This article applies beginning with funding
for the 2011 fall semester.
ARTICLE 5. FISCAL MATTERS CONCERNING
FOUNDATION SCHOOL PROGRAM PAYMENTS
SECTION 5.01. Subsections (c), (d), and (f), Section
42.259, Education Code, are amended to read as follows:
(c) Payments from the foundation school fund to each
category 2 school district shall be made as follows:
(1) 22 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(2) 18 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October;
(3) 9.5 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of November;
(4) 7.5 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of April;
(5) five percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of May;
(6) 10 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of June;
(7) 13 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of July; and
(8) 15 percent of the yearly entitlement of the
district shall be paid in an installment to be made after the 5th
day of September and not later than the 10th day of September of the
calendar year following the calendar year of the payment made under
Subdivision (1) [on or before the 25th day of August].
(d) Payments from the foundation school fund to each
category 3 school district shall be made as follows:
(1) 45 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(2) 35 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October; and
(3) 20 percent of the yearly entitlement of the
district shall be paid in an installment to be made after the 5th
day of September and not later than the 10th day of September of the
calendar year following the calendar year of the payment made under
Subdivision (1) [on or before the 25th day of August].
(f) Except as provided by Subsection (c)(8) or (d)(3), any
[Any] previously unpaid additional funds from prior fiscal years
owed to a district shall be paid to the district together with the
September payment of the current fiscal year entitlement.
SECTION 5.02. Subsection (c), Section 466.355, Government
Code, is repealed.
SECTION 5.03. The changes made by this article to Section
42.259, Education Code, apply only to a payment from the foundation
school fund that is made on or after the effective date of this Act.
A payment to a school district from the foundation school fund that
is made before that date is governed by Section 42.259, Education
Code, as it existed before amendment by this article, and the former
law is continued in effect for that purpose.
ARTICLE 6. FISCAL MATTERS CONCERNING THE STATE COMPRESSION
PERCENTAGE
SECTION 6.01. Section 42.2516, Education Code, is amended
by adding Subsection (b-2) to read as follows:
(b-2) If a school district adopts a maintenance and
operations tax rate that is below the rate equal to the product of
the state compression percentage multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year,
the commissioner shall reduce the district's entitlement under this
section in proportion to the amount by which the adopted rate is
less than the rate equal to the product of the state compression
percentage multiplied by the rate adopted by the district for the
2005 tax year. The reduction required by this subsection applies
beginning with the maintenance and operations tax rate adopted for
the 2009 tax year.
ARTICLE 7. FISCAL MATTERS CONCERNING RETIRED TEACHERS
SECTION 7.01. Notwithstanding Subsection (a), Section
825.404, Government Code, for the state fiscal biennium ending
August 31, 2013, only, the amount of the state contribution to the
Teacher Retirement System of Texas under that section may be less
than the amount contributed by members during that biennium.
SECTION 7.02. Notwithstanding Subsection (a), Section
1575.202, Insurance Code, for the state fiscal biennium ending
August 31, 2013, only, the state may contribute an amount to the
retired school employees group insurance fund that is less than one
percent of the salary of each active employee.
ARTICLE 8. AUTHORITY OF LICENSE HOLDERS TO CARRY HANDGUNS ON
CERTAIN CAMPUSES
SECTION 8.01. Subchapter H, Chapter 411, Government Code,
is amended by adding Section 411.2031 to read as follows:
Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
CERTAIN CAMPUSES. (a) For purposes of this section:
(1) "Campus" means all land and buildings owned or
leased by an institution of higher education.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(3) "Premises" has the meaning assigned by Section
46.035, Penal Code.
(b) Except as otherwise provided by this section, a license
holder may carry a concealed handgun on or about the license
holder's person while the license holder is on the campus of an
institution of higher education in this state.
(c) Except as provided by Subsection (d), an institution of
higher education in this state may not adopt any rule, regulation,
or other provision prohibiting license holders from carrying
handguns on the campus of the institution.
(d) An institution of higher education in this state may
establish rules, regulations, or other provisions concerning the
storage of handguns in dormitories that are owned or operated by the
institution and located on the campus of the institution.
(e) This section does not permit a license holder to carry a
concealed handgun on or about the premises of a hospital maintained
or operated by an institution of higher education. In this
subsection, "hospital" has the meaning assigned by Section 241.003,
Health and Safety Code.
(f) This section does not permit a license holder to carry a
concealed handgun on the premises of a preschool, elementary
school, or secondary school that is located on the campus of an
institution of higher education if the institution gives effective
notice under Section 30.06, Penal Code.
SECTION 8.02. Section 411.208, Government Code, is amended
by amending Subsections (a), (b), and (d) and adding Subsection (f)
to read as follows:
(a) A court may not hold the state, an agency or subdivision
of the state, an officer or employee of the state, an institution of
higher education, an officer or employee of an institution of
higher education, a peace officer, or a qualified handgun
instructor liable for damages caused by:
(1) an action authorized under this subchapter or a
failure to perform a duty imposed by this subchapter; or
(2) the actions of an applicant or license holder that
occur after the applicant has received a license or been denied a
license under this subchapter.
(b) A cause of action in damages may not be brought against
the state, an agency or subdivision of the state, an officer or
employee of the state, an institution of higher education, an
officer or employee of an institution of higher education, a peace
officer, or a qualified handgun instructor for any damage caused by
the actions of an applicant or license holder under this
subchapter.
(d) The immunities granted under Subsections (a), (b), and
(c) do not apply to an act or a failure to act by the state, an
agency or subdivision of the state, an officer of the state, an
institution of higher education, an officer or employee of an
institution of higher education, or a peace officer if the act or
failure to act was capricious or arbitrary.
(f) For purposes of this section, "institution of higher
education" has the meaning assigned by Section 61.003, Education
Code.
SECTION 8.03. Subchapter H, Chapter 411, Government Code,
is amended by adding Section 411.209 to read as follows:
Sec. 411.209. LIABILITY INSURANCE PREMIUMS. An insurance
company doing business in this state may not increase the amount of
the liability insurance premiums charged to an institution of
higher education in this state solely because license holders are
permitted to carry handguns on campus under Section 411.2031.
SECTION 8.04. Section 46.03, Penal Code, is amended by
amending Subsections (a) and (c) and adding Subsections (j) and (k)
to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm, illegal
knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless:
(A) pursuant to written regulations or written
authorization of the institution; or
(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies, on the physical premises of an institution of
higher education or in a passenger transportation vehicle of the
institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(c) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(2) [(1)] "Premises" has the meaning assigned by
Section 46.035.
(3) [(2)] "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
(j) Subsection (a)(1)(B) does not permit a person to possess
a concealed handgun, or go with a concealed handgun, on the premises
of a hospital maintained or operated by an institution of higher
education. In this subsection, "hospital" has the meaning assigned
by Section 241.003, Health and Safety Code.
(k) Subsection (a)(1)(B) does not permit a person to possess
a concealed handgun, or go with a concealed handgun, on the premises
of a preschool, elementary school, or secondary school that is
located on the physical premises of an institution of higher
education. This subsection does not apply if the actor was not
given effective notice under Section 30.06.
SECTION 8.05. Subdivision (1), Subsection (c), Section
46.11, Penal Code, is amended to read as follows:
(1) "Premises" has the meaning ["Institution of higher
education" and "premises" have the meanings] assigned by Section
481.134, Health and Safety Code.
SECTION 8.06. Section 411.208, Government Code, as amended
by this Act, applies only to a cause of action that accrues on or
after the effective date of this Act. A cause of action that
accrued before that date is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 8.07. Subsections (a) and (c), Section 46.03, Penal
Code, as amended by this Act, apply only to an offense committed on
or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
ARTICLE 9. EFFECTIVE DATE
SECTION 9.01. This Act takes effect September 1, 2011.