Texas 2011 - 82nd Regular

Texas Senate Bill SB1581 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R30876 E
2	2	By: Ogden S.B. No. 1581
3	3	(Aycock)
4	4	Substitute the following for S.B. No. 1581: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	1-1 AN ACT
9	9	1-2 relating to state fiscal matters, and certain administrative and
10	10	1-3 business matters, related to public and higher education.
11	11	1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	1-5 ARTICLE 1. ADMINISTRATIVE MATTERS CONCERNING INSTITUTIONS OF
13	13	1-6 HIGHER EDUCATION
14	14	1-7 SECTION 1.01. Section 51.003, Education Code, is amended by
15	15	1-8 amending Subsection (b) and adding Subsection (f) to read as
16	16	1-9 follows:
17	17	1-10 (b) The funds shall either be deposited in the depository
18	18	1-11 bank or banks or invested as authorized by Chapter 2256, Government
19	19	1-12 Code (Public Funds Investment Act). Funds that are to be deposited
20	20	1-13 in the depository bank or banks must be deposited within seven days
21	21	1-14 from the date of receipt by the institution [collection].
22	22	1-15 (f) Notwithstanding any other provision of this section,
23	23	1-16 the governing board of each institution may maintain unsecured
24	24	1-17 deposits in a foreign bank as necessary to support the
25	25	1-18 institution's operations in a foreign country. The foreign bank
26	26	1-19 must:
27	27	1-20 (1) be licensed and supervised by a central bank;
28	28	1-21 (2) be audited annually by an accounting firm that
29	29	1-22 follows international financial reporting standards; and
30	30	1-23 (3) maintain a capital to total assets ratio that is
31	31	1-24 not less than the greater of four percent or the minimum tier 1
32	32	2-1 capital to total assets ratio required for depository institutions
33	33	2-2 insured by the Federal Deposit Insurance Corporation.
34	34	2-3 SECTION 1.02. Subchapter A, Chapter 51, Education Code, is
35	35	2-4 amended by amending Section 51.005 and adding Sections 51.010,
36	36	2-5 51.011, and 51.012 to read as follows:
37	37	2-6 Sec. 51.005. REPORTS. Each institution of higher education
38	38	2-7 [(a) True and full accounts shall be kept by the governing board
39	39	2-8 and by the employees of the institution of all funds collected from
40	40	2-9 all sources and of all sums paid out and the persons to whom and the
41	41	2-10 purposes for which the sums are paid. The governing board] shall
42	42	2-11 prepare [annually print] a complete annual financial report as
43	43	2-12 prescribed by Section 2101.011, Government Code [of all the sums
44	44	2-13 collected, all expenditures, and all sums remaining on hand. The
45	45	2-14 report shall show the true condition of all funds as of the August
46	46	2-15 31 preceding as well as the collections and expenditures for the
47	47	2-16 preceding year.
48	48	2-17 [(b) Reports under this section must be in a form approved
49	49	2-18 jointly by the coordinating board and the comptroller. The
50	50	2-19 accounting and classification procedures of each institution must
51	51	2-20 be consistent with uniform procedures prescribed for that purpose
52	52	2-21 by the coordinating board and the comptroller. The requirements
53	53	2-22 imposed by the coordinating board and the comptroller must be
54	54	2-23 designed to reduce paperwork and duplicative reports.
55	55	2-24 [(c) The governing board shall furnish one copy of the
56	56	2-25 report each to the governor, comptroller of public accounts, state
57	57	2-26 auditor, Texas Higher Education Coordinating Board, Legislative
58	58	2-27 Budget Board, House Appropriations Committee, Senate Finance
59	59	3-1 Committee, and Legislative Reference Library. A copy of the report
60	60	3-2 shall be submitted to the comptroller by the deadline established
61	61	3-3 by the comptroller or the General Appropriations Act as necessary
62	62	3-4 to prepare an audited comprehensive financial report. The
63	63	3-5 governing board shall retain five copies of the report for
64	64	3-6 distribution to legislators or other state officials on request].
65	65	3-7 Sec. 51.010. COLLECTION OF DELINQUENT OBLIGATIONS. If
66	66	3-8 under the rules adopted by the attorney general under Chapter 2107,
67	67	3-9 Government Code, an institution of higher education is not required
68	68	3-10 to refer a delinquent obligation for collection to the attorney
69	69	3-11 general, the institution is not required to expend resources for
70	70	3-12 further collection efforts if, considering the amount, security,
71	71	3-13 likelihood of collection, expense, and available resources, the
72	72	3-14 institution determines that further collection should not be
73	73	3-15 actively pursued.
74	74	3-16 Sec. 51.011. DISPOSITION OF SMALL CREDIT BALANCES.
75	75	3-17 (a) This section applies to a credit balance of less than $25 held
76	76	3-18 by an institution of higher education that is presumed abandoned
77	77	3-19 under Chapter 72, Property Code.
78	78	3-20 (b) An institution of higher education may maintain an
79	79	3-21 unclaimed money fund and transfer to that fund a credit balance to
80	80	3-22 which this section applies. A deposit to the unclaimed money fund
81	81	3-23 does not affect the ownership of the amount deposited. The
82	82	3-24 institution shall:
83	83	3-25 (1) adopt procedures for owners to make and receive
84	84	3-26 payments of claims against the fund; and
85	85	3-27 (2) maintain a database that permits members of the
86	86	4-1 public to search for ownership of unclaimed funds.
87	87	4-2 (c) The institution shall use the fund to pay the claims of
88	88	4-3 persons establishing ownership of amounts transferred to the fund
89	89	4-4 and shall hold and account for the unclaimed money fund as
90	90	4-5 educational and general funds of the institution. If the fund
91	91	4-6 balance is insufficient to pay a valid claim, the institution shall
92	92	4-7 pay the claim from the institution's other educational and general
93	93	4-8 funds.
94	94	4-9 (d) Each fiscal year, after deducting funds sufficient to
95	95	4-10 pay anticipated expenses of and claims against the unclaimed money
96	96	4-11 fund, the institution shall use the balance of the fund as other
97	97	4-12 educational and general funds of the institution.
98	98	4-13 (e) In consultation with institutions of higher education,
99	99	4-14 the comptroller by rule may establish minimum requirements for
100	100	4-15 notice to owners of unclaimed money deposited in the unclaimed
101	101	4-16 money fund and for charges for that notice. The rules may not
102	102	4-17 provide stricter requirements than the comptroller applies for
103	103	4-18 amounts of less than $25 in the custody of the comptroller under
104	104	4-19 Chapter 74, Property Code.
105	105	4-20 (f) If an institution of higher education maintains an
106	106	4-21 unclaimed money fund under this section, Chapter 74, Property Code,
107	107	4-22 does not apply to a credit balance to which this section applies.
108	108	4-23 Sec. 51.012. PAYMENTS BY ELECTRONIC FUNDS TRANSFER OR
109	109	4-24 ELECTRONIC PAY CARD. An institution of higher education may make
110	110	4-25 any payment, including a payment of salary or wages, through
111	111	4-26 electronic funds transfer or by electronic pay card.
112	112	4-27 SECTION 1.03. Section 65.42, Education Code, is amended to
113	113	5-1 read as follows:
114	114	5-2 Sec. 65.42. DELINQUENT ACCOUNTS; VENUE. A suit by The
115	115	5-3 University of Texas System on its own behalf or on behalf of a
116	116	5-4 component institution of The University of Texas System to recover
117	117	5-5 a delinquent loan, account, or debt owed to The University of Texas
118	118	5-6 System or a component institution of The University of Texas System
119	119	5-7 must [may] be brought in Travis County.
120	120	5-8 SECTION 1.04. Section 1231.001, Government Code, is amended
121	121	5-9 by amending Subdivision (2) and adding Subdivision (3) to read as
122	122	5-10 follows:
123	123	5-11 (2) "State security" means:
124	124	5-12 (A) an obligation, including a bond, issued by:
125	125	5-13 (i) a state agency;
126	126	5-14 (ii) an entity that is expressly created by
127	127	5-15 statute and has statewide jurisdiction; or
128	128	5-16 (iii) an entity issuing the obligation on
129	129	5-17 behalf of this state or on behalf of an entity described by
130	130	5-18 Subparagraph (i) or (ii);
131	131	5-19 (B) an installment sale or lease-purchase
132	132	5-20 obligation that is issued by or on behalf of an entity described by
133	133	5-21 Paragraph (A) and that has:
134	134	5-22 (i) a stated term of more than five years;
135	135	5-23 or
136	136	5-24 (ii) an initial principal amount of more
137	137	5-25 than $250,000; or
138	138	5-26 (C) an obligation, including a bond, that is
139	139	5-27 issued under Chapter 53, Education Code, at the request of or for
140	140	6-1 the benefit of an institution of higher education [as defined by
141	141	6-2 Section 61.003, Education Code,] other than a public junior
142	142	6-3 college.
143	143	6-4 (3) "Institution of higher education" has the meaning
144	144	6-5 assigned by Section 61.003, Education Code.
145	145	6-6 SECTION 1.05. Section 1231.041, Government Code, is amended
146	146	6-7 to read as follows:
147	147	6-8 Sec. 1231.041. APPROVAL OF STATE SECURITY. (a) Except as
148	148	6-9 otherwise provided by this section, an [An] entity, including a
149	149	6-10 state agency, may not issue a state security unless:
150	150	6-11 (1) the board approves the issuance; or
151	151	6-12 (2) the security is exempted under law, including a
152	152	6-13 board rule adopted under Section 1231.022(2).
153	153	6-14 (b) A state security issued by an institution of higher
154	154	6-15 education, or issued at the request of or for the benefit of an
155	155	6-16 institution of higher education, is not subject to board approval
156	156	6-17 unless the general revenue of the state is pledged to the payment of
157	157	6-18 the security.
158	158	6-19 SECTION 1.06. Section 74.001, Property Code, is amended by
159	159	6-20 adding Subsection (c) to read as follows:
160	160	6-21 (c) This chapter does not apply to small credit balances
161	161	6-22 held by an institution of higher education in an unclaimed money
162	162	6-23 fund under Section 51.011, Education Code.
163	163	6-24 SECTION 1.07. Section 51.923, Education Code, is amended to
164	164	6-25 read as follows:
165	165	6-26 Sec. 51.923. QUALIFICATIONS OF CERTAIN BUSINESS ENTITIES TO
166	166	6-27 ENTER INTO CONTRACTS WITH AN INSTITUTION OF HIGHER EDUCATION.
167	167	7-1 (a) In this section:
168	168	7-2 (1) "Business entity" ["Corporation"] means any
169	169	7-3 entity recognized by law through which business is conducted,
170	170	7-4 including a sole proprietorship, partnership, firm, corporation,
171	171	7-5 limited liability company, holding company, joint stock company,
172	172	7-6 receivership, or trust [a corporation for profit organized under
173	173	7-7 the laws of this state or under laws other than the laws of this
174	174	7-8 state].
175	175	7-9 (2) "Governing board" has the meaning assigned by
176	176	7-10 Section 61.003 [of this code].
177	177	7-11 (3) "Institution of higher education" has the meaning
178	178	7-12 assigned by Section 61.003 [of this code].
179	179	7-13 (4) "Nonprofit corporation" means any organization
180	180	7-14 exempt from federal income tax under Section 501 of the Internal
181	181	7-15 Revenue Code of 1986 that does not distribute any part of its income
182	182	7-16 to any member, director, or officer.
183	183	7-17 (b) A nonprofit corporation is not disqualified from
184	184	7-18 entering into a contract or other transaction with an institution
185	185	7-19 of higher education even though one or more members of the governing
186	186	7-20 board of the institution of higher education also serves as a
187	187	7-21 member, [or] director, officer, or employee of the nonprofit
188	188	7-22 corporation.
189	189	7-23 (c) A business entity [corporation] is not disqualified
190	190	7-24 from entering into a contract or other transaction with an
191	191	7-25 institution of higher education even though one or more members of
192	192	7-26 the governing board of the institution of higher education have an
193	193	7-27 interest in the business entity, subject to Subsection (d) [also
194	194	8-1 serves as a stockholder or director of the corporation provided
195	195	8-2 that no member of the governing board owns or has a beneficial
196	196	8-3 interest in more than five percent of the corporation's outstanding
197	197	8-4 capital stock and further provided that the contract or transaction
198	198	8-5 is:
199	199	8-6 [(1) an affiliation, licensing, or sponsored research
200	200	8-7 agreement; or
201	201	8-8 [(2) awarded by competitive bidding or competitive
202	202	8-9 sealed proposals].
203	203	8-10 (d) An institution of higher education is not prohibited
204	204	8-11 from entering into a contract or other transaction with a business
205	205	8-12 entity in which a member of the governing board of the institution
206	206	8-13 of higher education has an interest if the interest is not a
207	207	8-14 substantial interest or, if the interest is a substantial interest,
208	208	8-15 the [described in this section if any] board member [having an
209	209	8-16 interest described in this section in the contract or transaction]
210	210	8-17 discloses that interest in a meeting held in compliance with
211	211	8-18 Chapter 551, Government Code, and refrains from voting on the
212	212	8-19 contract or transaction requiring board approval. Any such
213	213	8-20 contract or transaction requiring board approval must be approved
214	214	8-21 by an affirmative majority of the board members voting on the
215	215	8-22 contract or transaction.
216	216	8-23 (e) For purposes of this section, a member of a governing
217	217	8-24 board has a substantial interest in a business entity if:
218	218	8-25 (1) the member owns 10 percent or more of the voting
219	219	8-26 stock or shares of the business entity or owns either 10 percent or
220	220	8-27 more or $15,000 or more of the fair market value of the business
221	221	9-1 entity;
222	222	9-2 (2) funds received by the member from the business
223	223	9-3 entity exceed 10 percent of the member's gross income for the
224	224	9-4 previous year;
225	225	9-5 (3) the member is an officer of the business entity or
226	226	9-6 a member of the governing board of the business entity; or
227	227	9-7 (4) an individual related to the member in the first
228	228	9-8 degree by consanguinity or affinity, as determined under Chapter
229	229	9-9 573, Government Code, has an interest in the business entity as
230	230	9-10 described by Subdivision (1), (2), or (3).
231	231	9-11 (f) A violation of this section does not render an action of
232	232	9-12 the governing board voidable unless the contract or transaction
233	233	9-13 that was the subject of the action would not have been approved by
234	234	9-14 the governing board without the vote of the member who violated this
235	235	9-15 section.
236	236	9-16 SECTION 1.08. Section 51.9335, Education Code, is amended
237	237	9-17 by amending Subsections (d) and (f) and adding Subsections (g) and
238	238	9-18 (h) to read as follows:
239	239	9-19 (d) Subtitle D, Title 10, Government Code, and Subchapter B,
240	240	9-20 Chapter 2254, Government Code, do not apply to the acquisition of
241	241	9-21 goods and services under this section, except that an institution
242	242	9-22 of higher education must comply with any provision of those laws, or
243	243	9-23 a rule adopted under a provision of those laws, [To the extent of
244	244	9-24 any conflict, this section prevails over any other law, including
245	245	9-25 Chapters 2155, 2156, 2157, 2158, 2167, and 2170, Government Code,
246	246	9-26 except a law or rule] relating to contracting with historically
247	247	9-27 underutilized businesses or relating to the procurement of goods
248	248	10-1 and services from persons with disabilities. An institution of
249	249	10-2 higher education may, but is not required to, acquire goods or
250	250	10-3 services as provided by Subtitle D, Title 10 [Chapters 2155, 2156,
251	251	10-4 2157, 2158, 2167, and 2170], Government Code.
252	252	10-5 (f) This section does not apply to professional services as
253	253	10-6 defined by Section 2254.002, Government Code. Professional
254	254	10-7 services shall be procured in accordance with Subchapter A, Chapter
255	255	10-8 2254, Government Code.
256	256	10-9 (g) An institution of higher education may adopt rules and
257	257	10-10 procedures for the acquisition of goods or services.
258	258	10-11 (h) In any contract for the acquisition of goods and
259	259	10-12 services to which an institution of higher education is a party, a
260	260	10-13 provision required by applicable law to be included in the contract
261	261	10-14 is considered to be a part of the executed contract without regard
262	262	10-15 to:
263	263	10-16 (1) whether the provision appears on the face of the
264	264	10-17 contract; or
265	265	10-18 (2) whether the contract includes any provision to the
266	266	10-19 contrary.
267	267	10-20 SECTION 1.09. Subchapter Z, Chapter 51, Education Code, is
268	268	10-21 amended by adding Sections 51.9336 and 51.9337 to read as follows:
269	269	10-22 Sec. 51.9336. ELECTRONIC AND DIGITAL SIGNATURES. (a) An
270	270	10-23 institution of higher education or university system, as those
271	271	10-24 terms are defined by Section 61.003, shall determine whether, and
272	272	10-25 the extent to which, the institution or system will send and accept
273	273	10-26 electronic or digital signatures to and from other persons and
274	274	10-27 otherwise create, generate, communicate, store, process, use, and
275	275	11-1 rely on electronic or digital signatures. The institution or
276	276	11-2 system may adopt rules and procedures governing the use of
277	277	11-3 electronic or digital signatures.
278	278	11-4 (b) To the extent of any conflict, this section prevails
279	279	11-5 over Chapter 322, Business & Commerce Code, and rules and
280	280	11-6 guidelines adopted under that chapter.
281	281	11-7 Sec. 51.9337. INTERAGENCY CONTRACTS FOR INFORMATION
282	282	11-8 RESOURCE TECHNOLOGIES. (a) In this section, "institution of
283	283	11-9 higher education" and "university system" have the meanings
284	284	11-10 assigned by Section 61.003.
285	285	11-11 (b) Section 2054.119, Government Code, does not apply to an
286	286	11-12 interagency contract for information resources technologies
287	287	11-13 between two or more institutions of higher education or between an
288	288	11-14 institution of higher education or university system and one or
289	289	11-15 more state agencies, institutions of higher education, or
290	290	11-16 university systems.
291	291	11-17 SECTION 1.10. Section 51.966, Education Code, is amended by
292	292	11-18 amending Subsection (c) and adding Subsection (d) to read as
293	293	11-19 follows:
294	294	11-20 (c) Section 612.002(b), Government Code, does not apply to
295	295	11-21 an institution of higher education or university system purchasing
296	296	11-22 insurance under this section.
297	297	11-23 (d) In [As used in] this section, "governing board," [and]
298	298	11-24 "institution of higher education," and "university system" have the
299	299	11-25 meanings assigned by Section 61.003.
300	300	11-26 SECTION 1.11. Subchapter C, Chapter 791, Government Code,
301	301	11-27 is amended by adding Section 791.035 to read as follows:
302	302	12-1 Sec. 791.035. CONTRACTS WITH INSTITUTIONS OF HIGHER
303	303	12-2 EDUCATION OR UNIVERSITY SYSTEMS. (a) A local government and an
304	304	12-3 institution of higher education or university system may contract
305	305	12-4 with one another to perform any governmental functions and
306	306	12-5 services. If the terms of the contract provide for payment based on
307	307	12-6 cost recovery, any law otherwise requiring competitive procurement
308	308	12-7 does not apply to the functions and services covered by the
309	309	12-8 contract.
310	310	12-9 (b) In this section, "institution of higher education" and
311	311	12-10 "university system" have the meanings assigned by Section 61.003,
312	312	12-11 Education Code.
313	313	12-12 SECTION 1.12. Section 2054.008, Government Code, is amended
314	314	12-13 by adding Subsection (c) to read as follows:
315	315	12-14 (c) A university system or institution of higher education
316	316	12-15 must provide written notice to the Legislative Budget Board under
317	317	12-16 Subsection (b) only if the cost of the major information system
318	318	12-17 exceeds $1 million. In this subsection, "university system" has
319	319	12-18 the meaning assigned by Section 61.003, Education Code.
320	320	12-19 SECTION 1.13. Subsection (n), Section 2155.078, Government
321	321	12-20 Code, is amended to read as follows:
322	322	12-21 (n) This section does not apply to an institution [a medical
323	323	12-22 and dental unit] to which Section 51.9335, Education Code, applies
324	324	12-23 or to an institution to which Section 73.115, Education Code,
325	325	12-24 applies.
326	326	12-25 SECTION 1.14. Subchapter Z, Chapter 51, Education Code, is
327	327	12-26 amended by adding Section 51.9611 to read as follows:
328	328	12-27 Sec. 51.9611. PAYROLL DEDUCTIONS FOR EMPLOYEES OF
329	329	13-1 UNIVERSITY SYSTEM OR INSTITUTION OF HIGHER EDUCATION. (a) In this
330	330	13-2 section, "institution of higher education" and "university system"
331	331	13-3 have the meanings assigned by Section 61.003.
332	332	13-4 (b) The governing board of a university system, or of an
333	333	13-5 institution of higher education that is not a component institution
334	334	13-6 of a university system, may authorize employees of the system or
335	335	13-7 institution, as applicable, to elect a payroll deduction for any
336	336	13-8 purpose that the governing board determines serves a public purpose
337	337	13-9 and benefits employees. The board may adopt policies and
338	338	13-10 procedures governing payroll deductions under this section. A
339	339	13-11 payroll deduction under this section is in addition to payroll
340	340	13-12 deductions authorized by other law.
341	341	13-13 (c) A payroll deduction under this section must be at the
342	342	13-14 written request of the employee, and the request must state the
343	343	13-15 amount to be deducted and the entity to which the deducted amount is
344	344	13-16 to be transferred. A payroll deduction is in effect until revoked
345	345	13-17 in writing by the employee, but the policies and procedures of the
346	346	13-18 system or institution, as applicable, may provide for enrollment
347	347	13-19 periods.
348	348	13-20 (d) A university system or institution of higher education
349	349	13-21 may collect an administrative fee to cover the costs of making a
350	350	13-22 deduction.
351	351	13-23 SECTION 1.15. Subsection (a), Section 1601.004, Insurance
352	352	13-24 Code, is amended to read as follows:
353	353	13-25 (a) In this chapter, "dependent," with respect to an
354	354	13-26 individual eligible to participate in the uniform program under
355	355	13-27 Section 1601.101 or 1601.102, means the individual's:
356	356	14-1 (1) spouse;
357	357	14-2 (2) unmarried child younger than 25 years of age; and
358	358	14-3 (3) child of any age who the system determines lives
359	359	14-4 with or has the child's care provided by the individual on a regular
360	360	14-5 basis if the child is mentally retarded or physically incapacitated
361	361	14-6 to the extent that the child is dependent on the individual for care
362	362	14-7 or support, as determined by the system, and:
363	363	14-8 (A) if the child is at least 25 years of age, the
364	364	14-9 child's coverage under this chapter has not lapsed, and the child
365	365	14-10 was enrolled as a participant in the health benefits coverage under
366	366	14-11 the uniform program on the date of the child's 25th birthday; or
367	367	14-12 (B) if the child is a child of an individual
368	368	14-13 eligible to participate as an employee under Section 1601.101, at
369	369	14-14 the time of the individual's initial enrollment in health benefits
370	370	14-15 coverage under the uniform program the child is at least 25 years of
371	371	14-16 age and is enrolled in comparable coverage, as determined by the
372	372	14-17 system, under the individual's previous health benefits coverage.
373	373	14-18 SECTION 1.16. Subchapter C, Chapter 1601, Insurance Code,
374	374	14-19 is amended by adding Section 1601.111 to read as follows:
375	375	14-20 Sec. 1601.111. PROGRAMS PROMOTING DISEASE PREVENTION,
376	376	14-21 WELLNESS, AND HEALTH. A system may establish premium discounts,
377	377	14-22 surcharges, rebates, or a revision in otherwise applicable
378	378	14-23 copayments, coinsurance, or deductibles, or any combination of
379	379	14-24 those incentives, for an individual who participates in
380	380	14-25 system-approved programs promoting disease prevention, wellness,
381	381	14-26 and health.
382	382	14-27 SECTION 1.17. Subsection (d), Section 1601.201, Insurance
383	383	15-1 Code, is amended to read as follows:
384	384	15-2 (d) Subsection (c) does not prohibit a system from
385	385	15-3 contributing, from money not appropriated from the general revenue
386	386	15-4 fund, amounts in excess of the amount specified by that subsection
387	387	15-5 for:
388	388	15-6 (1) an individual employed by the system in a position
389	389	15-7 that as a condition of employment requires the individual to be
390	390	15-8 enrolled as a student in the system in graduate level courses; or
391	391	15-9 (2) an individual who is a tenured faculty member with
392	392	15-10 whom the system has entered into a phased retirement agreement
393	393	15-11 under which the individual will work less than 40 hours a week for a
394	394	15-12 specified period of time at the end of which the individual will
395	395	15-13 retire.
396	396	15-14 SECTION 1.18. Subchapter C, Chapter 61, Education Code, is
397	397	15-15 amended by adding Section 61.0573 to read as follows:
398	398	15-16 Sec. 61.0573. PROJECTS EXEMPT FROM BOARD APPROVAL. (a) In
399	399	15-17 this section, "project" means the acquisition of improved or
400	400	15-18 unimproved real property or the construction, repair, or
401	401	15-19 rehabilitation of a building or other facility.
402	402	15-20 (b) Board approval of a project at an institution of higher
403	403	15-21 education is not required under Section 61.0572 or 61.058 if the
404	404	15-22 institution notifies the board of the project and certifies to the
405	405	15-23 board that:
406	406	15-24 (1) the institution meets the current published board
407	407	15-25 standards applicable to the institution for space need, usage
408	408	15-26 efficiency, deferred maintenance, and critical deferred
409	409	15-27 maintenance or the board has approved the institution's plan to
410	410	16-1 correct any deficiencies in the institution's compliance with those
411	411	16-2 applicable standards;
412	412	16-3 (2) the project meets current published board
413	413	16-4 standards applicable to the project for cost, efficiency, and space
414	414	16-5 use;
415	415	16-6 (3) the project is identified on the institution's
416	416	16-7 campus master plan, as submitted to the board; and
417	417	16-8 (4) the institution has no deficiencies according to
418	418	16-9 the board's most recent facilities audit or the board has approved
419	419	16-10 the institution's plan to correct any such deficiencies.
420	420	16-11 (c) The board's staff shall promptly review a certification
421	421	16-12 submitted under Subsection (b) and notify the institution whether
422	422	16-13 the certification is sufficient and whether the information
423	423	16-14 certified is consistent with the records of the board. If the staff
424	424	16-15 review determines that the certification is sufficient and that the
425	425	16-16 information certified is consistent with the records of the board,
426	426	16-17 the project is considered approved by the board.
427	427	16-18 (d) This section does not apply to a project that is a new
428	428	16-19 branch campus or a new higher education center.
429	429	16-20 SECTION 1.19. Subsection (c), Section 2166.302, Government
430	430	16-21 Code, is amended to read as follows:
431	431	16-22 (c) Subsection (a) does not apply to a project constructed
432	432	16-23 by and for the Texas Department of Transportation or an institution
433	433	16-24 of higher education or university system. In this subsection,
434	434	16-25 "institution of higher education" and "university system" have the
435	435	16-26 meanings assigned by Section 61.003, Education Code.
436	436	16-27 SECTION 1.20. Subsection (c-1), Section 2166.403,
437	437	17-1 Government Code, is amended to read as follows:
438	438	17-2 (c-1) For a project constructed by and for a state
439	439	17-3 institution of higher education, the [governing body of the]
440	440	17-4 institution shall, during the planning phase of the proposed
441	441	17-5 construction for the project, verify [in an open meeting] the
442	442	17-6 economic feasibility of incorporating into the building's design
443	443	17-7 and proposed energy system alternative energy devices for space
444	444	17-8 heating and cooling functions, water heating functions, electrical
445	445	17-9 load functions, and interior lighting functions. The [governing
446	446	17-10 body of the] institution shall determine the economic feasibility
447	447	17-11 of each function listed in this subsection by comparing the
448	448	17-12 estimated cost of providing energy for the function, based on the
449	449	17-13 use of conventional design practices and energy systems, with the
450	450	17-14 estimated cost of providing energy for the function, based on the
451	451	17-15 use of alternative energy devices, during the economic life of the
452	452	17-16 building.
453	453	17-17 SECTION 1.21. Subsection (b), Section 2167.001, Government
454	454	17-18 Code, is amended to read as follows:
455	455	17-19 (b) This chapter does not apply to:
456	456	17-20 (1) radio antenna space;
457	457	17-21 (2) residential space for a Texas Department of Mental
458	458	17-22 Health and Mental Retardation program;
459	459	17-23 (3) residential space for a Texas Youth Commission
460	460	17-24 program;
461	461	17-25 (4) space to be used for less than one month for
462	462	17-26 meetings, conferences, conventions, seminars, displays,
463	463	17-27 examinations, auctions, or similar purposes;
464	464	18-1 (5) district office space for members of the
465	465	18-2 legislature;
466	466	18-3 (6) space used by the Texas Workforce Commission;
467	467	18-4 (7) residential property acquired by the Texas
468	468	18-5 Department of Housing and Community Affairs or the Texas State
469	469	18-6 Affordable Housing Corporation that is offered for sale or rental
470	470	18-7 to individuals and families of low or very low income or families of
471	471	18-8 moderate income;
472	472	18-9 (8) except as provided by Section 2167.007, [classroom
473	473	18-10 and instructional] space for a university system or [an]
474	474	18-11 institution of higher education; or
475	475	18-12 (9) space leased by the Texas Veterans Commission to
476	476	18-13 administer the veterans employment services program.
477	477	18-14 SECTION 1.22. Section 33.06, Tax Code, is amended by adding
478	478	18-15 Subsection (g) to read as follows:
479	479	18-16 (g) If the ownership interest of an individual entitled to a
480	480	18-17 deferral under this section is a life estate, a lien for the
481	481	18-18 deferred tax attaches to the estate of the life tenant, and not to
482	482	18-19 the remainder interest, if the owner of the remainder is an
483	483	18-20 institution of higher education that has not consented to the
484	484	18-21 deferral. In this subsection, "institution of higher education"
485	485	18-22 has the meaning assigned by Section 61.003, Education Code. This
486	486	18-23 subsection does not apply to a deferral for which the individual
487	487	18-24 entitled to the deferral filed the affidavit required by Subsection
488	488	18-25 (b) before September 1, 2011.
489	489	18-26 SECTION 1.23. Section 552.123, Government Code, is amended
490	490	18-27 to read as follows:
491	491	19-1 Sec. 552.123. EXCEPTION: NAME OF APPLICANT FOR CHIEF
492	492	19-2 EXECUTIVE OFFICER OF INSTITUTION OF HIGHER EDUCATION. The name of
493	493	19-3 an applicant for the position of chief executive officer of an
494	494	19-4 institution of higher education, and other information that would
495	495	19-5 tend to identify the applicant, is excepted from the requirements
496	496	19-6 of Section 552.021, except that the governing body of the
497	497	19-7 institution must give public notice of the name or names of the
498	498	19-8 finalists being considered for the position at least 21 days before
499	499	19-9 the date of the meeting at which final action or vote is to be taken
500	500	19-10 on the employment of the person.
501	501	19-11 SECTION 1.24. Subsection (b), Section 95.006, Health and
502	502	19-12 Safety Code, is amended to read as follows:
503	503	19-13 (b) The advisory committee is composed of:
504	504	19-14 (1) the following representatives appointed by the
505	505	19-15 executive director of the office:
506	506	19-16 (A) one representative of the office;
507	507	19-17 (B) one representative of the Texas Education
508	508	19-18 Agency;
509	509	19-19 (C) one representative of the Texas Pediatric
510	510	19-20 Society;
511	511	19-21 (D) one representative of the American Diabetes
512	512	19-22 Association;
513	513	19-23 (E) [one representative who is a member of the
514	514	19-24 board of regents of The University of Texas--Pan American;
515	515	19-25 [(F)] one school nurse representative from an
516	516	19-26 urban school located within the boundaries of a regional education
517	517	19-27 service center;
518	518	20-1 (F) [(G)] one parent or guardian of a child who
519	519	20-2 resides within the boundaries of a regional education service
520	520	20-3 center; and
521	521	20-4 (G) [(H)] one person with knowledge and
522	522	20-5 experience in health care in school settings; and
523	523	20-6 (2) the following representatives appointed by the
524	524	20-7 chairman of the council:
525	525	20-8 (A) one representative of the council;
526	526	20-9 (B) one representative of the Texas Medical
527	527	20-10 Association;
528	528	20-11 (C) one school district administrator
529	529	20-12 representative from a school district located within the boundaries
530	530	20-13 of a regional education service center;
531	531	20-14 (D) one school principal representative from a
532	532	20-15 school district located within the boundaries of a regional
533	533	20-16 education service center; and
534	534	20-17 (E) one school nurse representative from a rural
535	535	20-18 school located within the boundaries of a regional education
536	536	20-19 service center.
537	537	20-20 SECTION 1.25. Subsections (a) and (c), Section 2.03,
538	538	20-21 Chapter 670, Acts of the 72nd Legislature, Regular Session, 1991
539	539	20-22 (Article 4477-7j, Vernon's Texas Civil Statutes), are amended to
540	540	20-23 read as follows:
541	541	20-24 (a) On or after the effective date of this Act, the
542	542	20-25 Commissioners Court of Gaines County shall appoint three persons,
543	543	20-26 the governing body of the city of Seminole shall appoint two
544	544	20-27 persons, and the governing body of the city of Seagraves shall
545	545	21-1 appoint two persons to serve as initial directors of the district.
546	546	21-2 The four persons appointed by the governing bodies of the cities of
547	547	21-3 Seminole and Seagraves shall represent the municipalities within
548	548	21-4 the county, and the three persons appointed by the Commissioners
549	549	21-5 Court of Gaines County shall represent the unincorporated areas of
550	550	21-6 the county. [In addition, the board of regents of The University of
551	551	21-7 Texas System shall appoint one person to serve as an ex-officio,
552	552	21-8 nonvoting director of the district.]
553	553	21-9 (c) The Commissioners Court of Gaines County and the
554	554	21-10 governing bodies of the cities of Seminole and Seagraves shall each
555	555	21-11 appoint one initial director to serve a term expiring on May 1 of
556	556	21-12 the first year after the year in which the original appointment is
557	557	21-13 made. In addition, the Commissioners Court of Gaines County shall
558	558	21-14 appoint two initial directors and the governing bodies of the
559	559	21-15 cities of Seminole and Seagraves shall each appoint one initial
560	560	21-16 director to serve terms expiring on May 1 of the second year after
561	561	21-17 the year in which the original appointment is made. [The initial
562	562	21-18 ex-officio member serves a term expiring on May 1 of the second year
563	563	21-19 after the year in which the original appointment is made.]
564	564	21-20 Successor directors serve two-year terms.
565	565	21-21 SECTION 1.26. Subsection (a), Section 3.01, Chapter 670,
566	566	21-22 Acts of the 72nd Legislature, Regular Session, 1991 (Article
567	567	21-23 4477-7j, Vernon's Texas Civil Statutes), is amended to read as
568	568	21-24 follows:
569	569	21-25 (a) The district is governed by a board of directors
570	570	21-26 composed of seven voting members [and one ex-officio nonvoting
571	571	21-27 member] who are appointed as provided by this Act. However, the
572	572	22-1 district shall change to a system of electing the voting directors
573	573	22-2 if:
574	574	22-3 (1) the Commissioners Court of Gaines County and the
575	575	22-4 governing bodies of the cities of Seminole and Seagraves each pass a
576	576	22-5 resolution calling for the election of the directors; or
577	577	22-6 (2) the board receives a petition signed by at least
578	578	22-7 150 registered voters of Gaines County calling for the election of
579	579	22-8 the directors.
580	580	22-9 SECTION 1.27. Subsection (d), Section 51.403, Education
581	581	22-10 Code, is amended to read as follows:
582	582	22-11 (d) For purposes of this subsection, "small classes" [Each
583	583	22-12 institution shall file with its governing board and the
584	584	22-13 coordinating board a small class report, excluding individual
585	585	22-14 instruction courses, indicating department, course number, title
586	586	22-15 of course, and the name of the instructor. "Small classes," for the
587	587	22-16 purpose of this report,] are undergraduate-level courses with less
588	588	22-17 than 10 registrations, and graduate-level courses with less than 5
589	589	22-18 registrations. No small classes shall be offered in any
590	590	22-19 institution except as authorized by the appropriate governing
591	591	22-20 board, within the guidelines established by the Coordinating Board.
592	592	22-21 SECTION 1.28. Subchapter H, Chapter 51, Education Code, is
593	593	22-22 amended by adding Section 51.406 to read as follows:
594	594	22-23 Sec. 51.406. EXPIRATION OF CERTAIN REPORTING REQUIREMENTS
595	595	22-24 APPLICABLE TO INSTITUTIONS OF HIGHER EDUCATION AND UNIVERSITY
596	596	22-25 SYSTEMS. (a) In this section, "university system" has the meaning
597	597	22-26 assigned by Section 61.003.
598	598	22-27 (b) To the extent that any of the following laws require
599	599	23-1 reporting by a university system or an institution of higher
600	600	23-2 education, a university system or institution of higher education
601	601	23-3 is not required to make the report on or after September 1, 2013,
602	602	23-4 unless legislation enacted by the 83rd Legislature that becomes law
603	603	23-5 expressly requires the institution or system to make the report:
604	604	23-6 (1) Section 7.109;
605	605	23-7 (2) Section 33.083;
606	606	23-8 (3) Section 51.0051;
607	607	23-9 (4) Section 59.07;
608	608	23-10 (5) Section 130.086;
609	609	23-11 (6) Section 325.007, Government Code;
610	610	23-12 (7) Section 669.003, Government Code;
611	611	23-13 (8) Section 2005.007, Government Code;
612	612	23-14 (9) Section 2052.103, Government Code;
613	613	23-15 (10) Section 2054.097, Government Code;
614	614	23-16 (11) Section 2101.011, Government Code;
615	615	23-17 (12) Section 2102.009, Government Code;
616	616	23-18 (13) Chapter 2114, Government Code; and
617	617	23-19 (14) Section 2205.041, Government Code.
618	618	23-20 (c) A rule or policy of a state agency, including the Texas
619	619	23-21 Higher Education Coordinating Board, in effect on June 1, 2011,
620	620	23-22 that requires reporting by a university system or an institution of
621	621	23-23 higher education has no effect on or after September 1, 2013, unless
622	622	23-24 the rule or policy is affirmatively and formally readopted before
623	623	23-25 that date by formal administrative rule published in the Texas
624	624	23-26 Register and adopted in compliance with Chapter 2001, Government
625	625	23-27 Code. This subsection does not apply to:
626	626	24-1 (1) a rule or policy for which the authorizing statute
627	627	24-2 is listed in Subsection (b);
628	628	24-3 (2) a rule or policy for which the authorizing statute
629	629	24-4 is repealed on or before September 1, 2013, by legislation enacted
630	630	24-5 by the legislature that becomes law; or
631	631	24-6 (3) a report required under any of the following laws:
632	632	24-7 (A) Section 51.005;
633	633	24-8 (B) Section 51.3062;
634	634	24-9 (C) Section 51.402;
635	635	24-10 (D) Section 56.039;
636	636	24-11 (E) Section 61.051(k);
637	637	24-12 (F) Section 61.059; or
638	638	24-13 (G) Section 62.095(b).
639	639	24-14 SECTION 1.29. Section 51.914, Education Code, is amended to
640	640	24-15 read as follows:
641	641	24-16 Sec. 51.914. PROTECTION OF CERTAIN INFORMATION. (a) In
642	642	24-17 order to protect the actual or potential value, the following
643	643	24-18 information is [shall be] confidential and is [shall] not [be]
644	644	24-19 subject to disclosure under Chapter 552, Government Code, or
645	645	24-20 otherwise:
646	646	24-21 (1) all information relating to a product, device, or
647	647	24-22 process, the application or use of such a product, device, or
648	648	24-23 process, and all technological and scientific information
649	649	24-24 (including computer programs) developed in whole or in part at a
650	650	24-25 state institution of higher education, regardless of whether
651	651	24-26 patentable or capable of being registered under copyright or
652	652	24-27 trademark laws, that have a potential for being sold, traded, or
653	653	25-1 licensed for a fee;
654	654	25-2 (2) any information relating to a product, device, or
655	655	25-3 process, the application or use of such product, device, or
656	656	25-4 process, and any technological and scientific information
657	657	25-5 (including computer programs) that is the proprietary information
658	658	25-6 of a person, partnership, corporation, or federal agency that has
659	659	25-7 been disclosed to an institution of higher education solely for the
660	660	25-8 purposes of a written research contract or grant that contains a
661	661	25-9 provision prohibiting the institution of higher education from
662	662	25-10 disclosing such proprietary information to third persons or
663	663	25-11 parties; or
664	664	25-12 (3) the plans, specifications, blueprints, and
665	665	25-13 designs, including related proprietary information, of a
666	666	25-14 scientific research and development facility that is jointly
667	667	25-15 financed by the federal government and a local government or state
668	668	25-16 agency, including an institution of higher education, if the
669	669	25-17 facility is designed and built for the purposes of promoting
670	670	25-18 scientific research and development and increasing the economic
671	671	25-19 development and diversification of this state.
672	672	25-20 (b) Information maintained by or for an institution of
673	673	25-21 higher education that would reveal the institution's plans or
674	674	25-22 negotiations for commercialization or research, or that consists of
675	675	25-23 unpublished research results or data, is not subject to Chapter
676	676	25-24 552, Government Code, unless the information has been published, is
677	677	25-25 patented, or is otherwise subject to an executed license, sponsored
678	678	25-26 research agreement, or research contract or grant. In this
679	679	25-27 subsection, "institution of higher education" has the meaning
680	680	26-1 assigned by Section 61.003.
681	681	26-2 SECTION 1.30. Subsection (h), Section 61.051, Education
682	682	26-3 Code, is amended to read as follows:
683	683	26-4 (h) The board shall make continuing studies of the needs of
684	684	26-5 the state for research and designate the institutions of higher
685	685	26-6 education to perform research as needed. The board shall also
686	686	26-7 maintain an inventory of all institutional and programmatic
687	687	26-8 research activities being conducted by the various institutions,
688	688	26-9 whether state-financed or not. Once a year, on dates prescribed by
689	689	26-10 the board, each institution of higher education shall report to the
690	690	26-11 board all research conducted at that institution during the last
691	691	26-12 preceding year. The submission by an institution of the
692	692	26-13 institution's response to the National Science Foundation's annual
693	693	26-14 Higher Education Research and Development Survey satisfies the
694	694	26-15 requirements of this section. All reports required by this
695	695	26-16 subsection shall be made subject to the limitations imposed by
696	696	26-17 security regulations governing defense contracts for research.
697	697	26-18 SECTION 1.31. Section 61.0582, Education Code, is amended
698	698	26-19 by adding Subsection (f) to read as follows:
699	699	26-20 (f) This section does not apply to a university system that
700	700	26-21 maintains an ongoing system-wide capital improvement program
701	701	26-22 approved by the system's board of regents.
702	702	26-23 SECTION 1.32. Section 130.152, Education Code, is amended
703	703	26-24 to read as follows:
704	704	26-25 Sec. 130.152. CRITERIA FOR PROGRAMS FOR THE DISADVANTAGED.
705	705	26-26 A junior college may develop programs to serve persons from
706	706	26-27 backgrounds of economic or educational deprivation by submission of
707	707	27-1 a plan based on the following criteria to the Texas Higher Education
708	708	27-2 Coordinating Board[, Texas College and University System]:
709	709	27-3 (1) an instructional program that accommodates the
710	710	27-4 different learning rates of students and compensates for prior
711	711	27-5 economic and educational deprivation;
712	712	27-6 (2) an unrestricted admissions policy allowing the
713	713	27-7 enrollment of any person 18 years of age or older with a high school
714	714	27-8 diploma or its equivalent who can reasonably be expected to benefit
715	715	27-9 from instruction;
716	716	27-10 (3) the assurance that all students, regardless of
717	717	27-11 their differing programs of study, will be considered, known, and
718	718	27-12 recognized as full members of the student body, provided that the
719	719	27-13 administrative officers of a junior college may deny admission to a
720	720	27-14 prospective student or attendance of an enrolled student if, in
721	721	27-15 their judgment, the person [he] would not be competent to benefit
722	722	27-16 from a program of the college, or would by the person's [his]
723	723	27-17 presence or conduct create a disruptive atmosphere within the
724	724	27-18 college not consistent with the statutory purposes of the college;
725	725	27-19 (4) [the submission of a plan for a financial aid
726	726	27-20 program which removes to the maximum extent possible the financial
727	727	27-21 barriers to the educational aspirations of the citizens of this
728	728	27-22 state;
729	729	27-23 [(5) an annual evaluation report based on scientific
730	730	27-24 methods and utilizing control groups wherever possible to be
731	731	27-25 submitted to the coordinating board at the end of each school year,
732	732	27-26 covering each remedial-compensatory course or program offered at
733	733	27-27 the college;
734	734	28-1 [(6)] any other criteria consistent with the
735	735	28-2 provisions of this subchapter specified by the coordinating board;
736	736	28-3 and
737	737	28-4 (5) [(7)] a junior college must obtain approval of the
738	738	28-5 coordinating board [Coordinating Board, Texas College and
739	739	28-6 University System,] before offering any courses under the
740	740	28-7 provisions of this Act.
741	741	28-8 SECTION 1.33. Section 401.042, Government Code, is amended
742	742	28-9 by adding Subsection (c) to read as follows:
743	743	28-10 (c) In consultation with public institutions of higher
744	744	28-11 education, the offices of the governor and the Legislative Budget
745	745	28-12 Board shall review the forms for higher education legislative
746	746	28-13 appropriations requests to identify opportunities to improve
747	747	28-14 efficiency, provide better transparency of funding sources,
748	748	28-15 eliminate unnecessary or duplicative requirements, and otherwise
749	749	28-16 reduce the cost or difficulty of providing information related to
750	750	28-17 appropriations requests.
751	751	28-18 SECTION 1.34. Subchapter L, Chapter 403, Government Code,
752	752	28-19 is amended by adding Section 403.2715 to read as follows:
753	753	28-20 Sec. 403.2715. UNIVERSITY SYSTEMS AND INSTITUTIONS OF
754	754	28-21 HIGHER EDUCATION. (a) In this section, "institution of higher
755	755	28-22 education" and "university system" have the meanings assigned by
756	756	28-23 Section 61.003, Education Code.
757	757	28-24 (b) Except as provided by this section, this subchapter does
758	758	28-25 not apply to a university system or institution of higher
759	759	28-26 education.
760	760	28-27 (c) A university system or institution of higher education
761	761	29-1 shall account for all personal property as defined by the
762	762	29-2 comptroller under Section 403.272. At all times, the property
763	763	29-3 records of a university system or institution of higher education
764	764	29-4 must accurately reflect the personal property possessed by the
765	765	29-5 system or institution.
766	766	29-6 (d) The chief executive officer of each university system or
767	767	29-7 institution of higher education shall designate one or more
768	768	29-8 property managers. The property manager shall maintain the records
769	769	29-9 required and be the custodian of all personal property possessed by
770	770	29-10 the system or institution.
771	771	29-11 (e) Sections 402.273(h), 403.275, and 403.278 apply to a
772	772	29-12 university system or institution of higher education.
773	773	29-13 SECTION 1.35. Subsection (d), Section 2101.0115,
774	774	29-14 Government Code, is amended by adding Subdivision (4) to read as
775	775	29-15 follows:
776	776	29-16 (4) "Institution of higher education" and "university
777	777	29-17 system" have the meanings assigned by Section 61.003, Education
778	778	29-18 Code.
779	779	29-19 SECTION 1.36. Section 2101.0115, Government Code, is
780	780	29-20 amended by adding Subsection (e) to read as follows:
781	781	29-21 (e) This section does not apply to an institution of higher
782	782	29-22 education or university system.
783	783	29-23 SECTION 1.37. Subsection (c), Section 2254.028, Government
784	784	29-24 Code, is amended to read as follows:
785	785	29-25 (c) Subsection (a) [(a)(3)] does not apply to a major
786	786	29-26 consulting services contract to be entered into by an institution
787	787	29-27 of higher education other than a public junior college if the
788	788	30-1 institution includes in the invitation published under Section
789	789	30-2 2254.029 a finding by the chief executive officer of the
790	790	30-3 institution that the consulting services are necessary and an
791	791	30-4 explanation of that finding.
792	792	30-5 SECTION 1.38. Section 2254.0301, Government Code, is
793	793	30-6 amended to read as follows:
794	794	30-7 Sec. 2254.0301. CONTRACT NOTIFICATION. (a) A state agency
795	795	30-8 shall provide written notice to the Legislative Budget Board of a
796	796	30-9 contract for consulting services if the amount of the contract,
797	797	30-10 including an amendment, modification, renewal, or extension of the
798	798	30-11 contract, exceeds $14,000. The notice must be on a form prescribed
799	799	30-12 by the Legislative Budget Board and filed not later than the 10th
800	800	30-13 day after the date the entity enters into the contract.
801	801	30-14 (b) This section does not apply to a university system or
802	802	30-15 institution of higher education. In this subsection, "institution
803	803	30-16 of higher education" and "university system" have the meanings
804	804	30-17 assigned by Section 61.003, Education Code.
805	805	30-18 SECTION 1.39. Subsection (f), Section 388.005, Health and
806	806	30-19 Safety Code, is amended to read as follows:
807	807	30-20 (f) This section does not apply to a state agency or an
808	808	30-21 institution of higher education that the State Energy Conservation
809	809	30-22 Office determines [that], before September 1, 2007, adopted a plan
810	810	30-23 for conserving energy under which the agency or institution
811	811	30-24 established a percentage goal for reducing the consumption of
812	812	30-25 electricity. The exemption provided by this section applies only
813	813	30-26 while the agency or institution has an energy conservation plan in
814	814	30-27 effect and only if the agency or institution submits reports on the
815	815	31-1 conservation plan each year [calendar quarter] to the governor, the
816	816	31-2 Legislative Budget Board, and the State Energy Conservation Office.
817	817	31-3 SECTION 1.40. Section 412.053, Labor Code, is amended by
818	818	31-4 adding Subsection (c) to read as follows:
819	819	31-5 (c) This section does not apply to an institution of higher
820	820	31-6 education or university system. In this subsection, "institution
821	821	31-7 of higher education" and "university system" have the meanings
822	822	31-8 assigned by Section 61.003, Education Code.
823	823	31-9 SECTION 1.41. Subsection (d), Section 31.153, Natural
824	824	31-10 Resources Code, is amended to read as follows:
825	825	31-11 (d) Each state agency, other than an institution of higher
826	826	31-12 education, annually at the time set by the division, shall furnish
827	827	31-13 the Texas Historical Commission with a photograph and information
828	828	31-14 that specifies and identifies the age of each building:
829	829	31-15 (1) that was acquired by the agency after the date of
830	830	31-16 the preceding annual submission and that is at least 45 years old on
831	831	31-17 the date of the current submission; or
832	832	31-18 (2) that is possessed by the agency and has become 45
833	833	31-19 years old since the date the information was previously submitted.
834	834	31-20 SECTION 1.42. (a) The following laws are repealed
835	835	31-21 effective September 1, 2011:
836	836	31-22 (1) Section 51.216, Education Code;
837	837	31-23 (2) Subsections (b) and (c), Section 51.403, Education
838	838	31-24 Code;
839	839	31-25 (3) Section 51.4033, Education Code;
840	840	31-26 (4) Section 61.0815, Education Code;
841	841	31-27 (5) Section 61.086, Education Code;
842	842	32-1 (6) Subsection (c), Section 61.087, Education Code;
843	843	32-2 (7) Section 62.098, Education Code;
844	844	32-3 (8) Section 1434.054, Government Code;
845	845	32-4 (9) Section 2107.005, Government Code;
846	846	32-5 (10) Subsection (c), Section 412.042, Labor Code; and
847	847	32-6 (11) Subsection (c), Section 3.01, Chapter 670, Acts
848	848	32-7 of the 72nd Legislature, Regular Session, 1991 (Article 4477-7j,
849	849	32-8 Vernon's Texas Civil Statutes).
850	850	32-9 (b) The following provisions of the Education Code are
851	851	32-10 repealed effective September 1, 2013:
852	852	32-11 (1) Section 51.859;
853	853	32-12 (2) Subsection (e), Section 51.917;
854	854	32-13 (3) Subsection (d), Section 51.968;
855	855	32-14 (4) Subsection (h), Section 54.203;
856	856	32-15 (5) Subsection (c), Section 56.034;
857	857	32-16 (6) Subsection (j), Section 56.079;
858	858	32-17 (7) Subsection (c), Section 61.066;
859	859	32-18 (8) Subsection (d), Section 63.003;
860	860	32-19 (9) Section 63.004;
861	861	32-20 (10) Section 63.103;
862	862	32-21 (11) Subsection (m), Section 86.52;
863	863	32-22 (12) Section 88.210;
864	864	32-23 (13) Section 106.54;
865	865	32-24 (14) Section 142.005;
866	866	32-25 (15) Section 143.006;
867	867	32-26 (16) Section 147.005;
868	868	32-27 (17) Section 148.005; and
869	869	33-1 (18) Section 153.008.
870	870	33-2 SECTION 1.43. (a) This section governs a conflict between
871	871	33-3 this article and any other Act of the 82nd Legislature, Regular
872	872	33-4 Session, 2011, without regard to the relative dates of enactment.
873	873	33-5 (b) If this article and any other Act repeal the same
874	874	33-6 statute, the earlier effective date of repeal controls.
875	875	33-7 (c) If this article amends a statute that any other Act
876	876	33-8 repeals, the repeal controls.
877	877	33-9 SECTION 1.44. Section 51.011, Education Code, as added by
878	878	33-10 this article, applies to credit balances held by a public
879	879	33-11 institution of higher education on or after the effective date of
880	880	33-12 this article.
881	881	33-13 SECTION 1.45. This article takes effect immediately if this
882	882	33-14 Act receives a vote of two-thirds of all the members elected to each
883	883	33-15 house, as provided by Section 39, Article III, Texas Constitution.
884	884	33-16 If this Act does not receive the vote necessary for immediate
885	885	33-17 effect, this article takes effect September 1, 2011.
886	886	33-18 ARTICLE 2. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT
887	887	33-19 SECTION 2.01. Subsection (h), Section 28.053, Education
888	888	33-20 Code, is amended to read as follows:
889	889	33-21 (h) The commissioner may enter into agreements with the
890	890	33-22 college board and the International Baccalaureate Organization to
891	891	33-23 pay for all examinations taken by eligible public school students.
892	892	33-24 An eligible student is a student [one] who:
893	893	33-25 (1) takes a college advanced placement or
894	894	33-26 international baccalaureate course at a public school or who is
895	895	33-27 recommended by the student's principal or teacher to take the test;
896	896	34-1 and
897	897	34-2 (2) demonstrates financial need as determined in
898	898	34-3 accordance with guidelines adopted by the board that are consistent
899	899	34-4 with the definition of financial need adopted by the college board
900	900	34-5 or the International Baccalaureate Organization.
901	901	34-6 ARTICLE 3. FISCAL MATTERS CONCERNING EARLY HIGH SCHOOL GRADUATION
902	902	34-7 SECTION 3.01. Subchapter K, Chapter 56, Education Code, is
903	903	34-8 amended by adding Section 56.2012 to read as follows:
904	904	34-9 Sec. 56.2012. EXPIRATION OF SUBCHAPTER; ELIGIBILITY
905	905	34-10 CLOSED. (a) This subchapter expires September 1, 2017.
906	906	34-11 (b) Notwithstanding Section 56.203, a person may not
907	907	34-12 receive an award under this subchapter if the person graduates from
908	908	34-13 high school on or after September 1, 2011.
909	909	34-14 SECTION 3.02. Subsection (b), Section 54.213, Education
910	910	34-15 Code, is amended to read as follows:
911	911	34-16 (b) [Savings to the foundation school fund that occur as a
912	912	34-17 result of the Early High School Graduation Scholarship program
913	913	34-18 created in Subchapter K, Chapter 56, and that are not required for
914	914	34-19 the funding of state credits for tuition and mandatory fees under
915	915	34-20 Section 56.204 or school district credits under Section 56.2075
916	916	34-21 shall be used first to provide tuition exemptions under Section
917	917	34-22 54.212. Any of those savings remaining after providing tuition
918	918	34-23 exemptions under Section 54.212 shall be used to provide tuition
919	919	34-24 exemptions under Section 54.214.] The Texas Education Agency shall
920	920	34-25 [also] accept and make available to provide tuition exemptions
921	921	34-26 under Section 54.214 gifts, grants, and donations made to the
922	922	34-27 agency for that purpose. The commissioner of education shall
923	923	35-1 transfer those funds to the Texas Higher Education Coordinating
924	924	35-2 Board to distribute to institutions of higher education that
925	925	35-3 provide exemptions under that section [Payment of funds under this
926	926	35-4 subsection shall be made in the manner provided by Section 56.207
927	927	35-5 for state credits under Subchapter K, Chapter 56].
928	928	35-6 SECTION 3.03. Section 56.210, Education Code, is repealed.
929	929	35-7 ARTICLE 4. FISCAL MATTERS CONCERNING TUITION EXEMPTIONS
930	930	35-8 SECTION 4.01. Subsection (c), Section 54.214, Education
931	931	35-9 Code, is amended to read as follows:
932	932	35-10 (c) To be eligible for an exemption under this section, a
933	933	35-11 person must:
934	934	35-12 (1) be a resident of this state;
935	935	35-13 (2) be a school employee serving in any capacity;
936	936	35-14 (3) for the initial term or semester for which the
937	937	35-15 person receives an exemption under this section, have worked as an
938	938	35-16 educational aide for at least one school year during the five years
939	939	35-17 preceding that term or semester;
940	940	35-18 (4) establish financial need as determined by
941	941	35-19 coordinating board rule;
942	942	35-20 (5) be enrolled at the institution of higher education
943	943	35-21 granting the exemption in courses required for teacher
944	944	35-22 certification in one or more subject areas determined by the Texas
945	945	35-23 Education Agency to be experiencing a critical shortage of teachers
946	946	35-24 at the public schools in this state [at the institution of higher
947	947	35-25 education granting the exemption];
948	948	35-26 (6) maintain an acceptable grade point average as
949	949	35-27 determined by coordinating board rule; and
950	950	36-1 (7) comply with any other requirements adopted by the
951	951	36-2 coordinating board under this section.
952	952	36-3 SECTION 4.02. The change in law made by this article applies
953	953	36-4 beginning with tuition and fees charged for the 2011 fall semester.
954	954	36-5 Tuition and fees charged for a term or semester before the 2011 fall
955	955	36-6 semester are covered by the law in effect during the term or
956	956	36-7 semester for which the tuition and fees are charged, and the former
957	957	36-8 law is continued in effect for that purpose.
958	958	36-9 ARTICLE 5. FISCAL MATTERS CONCERNING CERTAIN DISTRIBUTIONS TO
959	959	36-10 INSTITUTIONS OF HIGHER EDUCATION
960	960	36-11 SECTION 5.01. Subchapter A, Chapter 63, Education Code, is
961	961	36-12 amended by adding Section 63.0035 to read as follows:
962	962	36-13 Sec. 63.0035. PARTIAL LIQUIDATION OF INSTITUTION'S SHARE;
963	963	36-14 DISTRIBUTION OF FUND AFTER LIQUIDATION. (a) Subject to
964	964	36-15 appropriation of the appropriate amounts, the board of regents of
965	965	36-16 The University of Texas System shall transfer to each institution
966	966	36-17 that is entitled in a state fiscal year to receive a distribution
967	967	36-18 from the permanent fund established under this subchapter a
968	968	36-19 one-time liquidation distribution for the state fiscal year ending
969	969	36-20 August 31, 2012, and, for that fiscal year and each subsequent
970	970	36-21 fiscal year, a reduced annual distribution as provided by this
971	971	36-22 section.
972	972	36-23 (b) The board of regents of The University of Texas System,
973	973	36-24 not later than November 1, 2011, shall:
974	974	36-25 (1) calculate the amount of each liquidation
975	975	36-26 distribution in accordance with this section; and
976	976	36-27 (2) provide to all institutions entitled to receive a
977	977	37-1 distribution from the permanent fund established under this
978	978	37-2 subchapter written notice specifying:
979	979	37-3 (A) the amount of the liquidation distribution to
980	980	37-4 be made to each institution in the state fiscal year ending August
981	981	37-5 31, 2012; and
982	982	37-6 (B) the amounts of the other distributions to be
983	983	37-7 made in that fiscal year to each institution under this section from
984	984	37-8 the per capita account and the formula account described by
985	985	37-9 Subsection (c).
986	986	37-10 (c) As soon as practicable after the beginning of the state
987	987	37-11 fiscal year ending August 31, 2012, the permanent fund shall be
988	988	37-12 segregated into two accounts, the per capita account and the
989	989	37-13 formula account. Notwithstanding any other law, distributions in
990	990	37-14 that fiscal year and in subsequent fiscal years shall be made in
991	991	37-15 accordance with this section and not in accordance with Section
992	992	37-16 63.003(a). The amount segregated into the per capita account is
993	993	37-17 equal to 70 percent of the total value of the fund at the end of the
994	994	37-18 preceding state fiscal year. The formula account is composed of the
995	995	37-19 remaining 30 percent of that total value at the end of that
996	996	37-20 preceding fiscal year.
997	997	37-21 (d) A liquidation distribution is an amount equal to
998	998	37-22 one-third of the institution's fractional share of the value of the
999	999	37-23 per capita account. An institution's fractional share of the per
1000	1000	37-24 capita account is determined by multiplying the amount segregated
1001	1001	37-25 into the per capita account by a fraction, the numerator of which is
1002	1002	37-26 one and the denominator of which is the number of institutions that
1003	1003	37-27 are entitled to receive a distribution from the permanent fund
1004	1004	38-1 established under this subchapter.
1005	1005	38-2 (e) In the state fiscal year ending August 31, 2012, and in
1006	1006	38-3 each subsequent fiscal year, the annual amount appropriated for
1007	1007	38-4 distribution from the investment of the per capita account shall be
1008	1008	38-5 distributed in equal shares to each institution.
1009	1009	38-6 (e-1) Subsection (e) does not apply to the amounts
1010	1010	38-7 distributed as liquidation distributions in the state fiscal year
1011	1011	38-8 ending August 31, 2012.
1012	1012	38-9 (f) In each state fiscal year in which distributions are
1013	1013	38-10 made from the per capita account under Subsection (e), the amount
1014	1014	38-11 appropriated for distribution from the investment of the formula
1015	1015	38-12 account shall be distributed in equal portions with respect to each
1016	1016	38-13 of the following categories, with each institution receiving a
1017	1017	38-14 share in each category proportionate to the amount that the
1018	1018	38-15 institution spent in that category in the preceding state fiscal
1019	1019	38-16 biennium as determined by the institution's annual financial
1020	1020	38-17 report, compared to the total spending of all institutions listed
1021	1021	38-18 in Section 63.002(c) in that category in the preceding biennium:
1022	1022	38-19 (1) instructional expenditures;
1023	1023	38-20 (2) research expenditures; and
1024	1024	38-21 (3) unsponsored charity care.
1025	1025	38-22 (g) Except as otherwise provided by this section:
1026	1026	38-23 (1) Section 63.003(b) applies to amounts appropriated
1027	1027	38-24 for distribution under Subsections (e) and (f) of this section; and
1028	1028	38-25 (2) Sections 63.003(c) and (d) apply to amounts
1029	1029	38-26 appropriated for distribution under Subsection (f) of this section.
1030	1030	38-27 (h) The comptroller in consultation with the board of
1031	1031	39-1 regents of The University of Texas System shall establish
1032	1032	39-2 procedures to implement this section. A liquidation distribution
1033	1033	39-3 shall be made in accordance with those procedures and in
1034	1034	39-4 consultation with the institutions receiving the liquidation
1035	1035	39-5 distribution.
1036	1036	39-6 (i) Any direct costs associated with liquidation
1037	1037	39-7 distributions, including discounts on investment dispositions and
1038	1038	39-8 related expenses realized by the permanent fund, shall be deducted
1039	1039	39-9 in equal portions from the amounts of the liquidation
1040	1040	39-10 distributions. The procedures established under Subsection (h)
1041	1041	39-11 must provide for the minimization of any costs associated with
1042	1042	39-12 making the liquidation distributions considering the liquidity of
1043	1043	39-13 the investment assets of the fund.
1044	1044	39-14 (j) Notwithstanding other provisions of this subchapter,
1045	1045	39-15 the amount distributed to an institution under this section as a
1046	1046	39-16 liquidation distribution is under the exclusive control of the
1047	1047	39-17 governing board of the institution and may be used by the
1048	1048	39-18 institution in any manner for any lawful purpose. The comptroller
1049	1049	39-19 shall establish procedures to ensure that a liquidation
1050	1050	39-20 distribution to Baylor College of Medicine is used for public
1051	1051	39-21 purposes consistent with a contract in effect under Section 61.092.
1052	1052	39-22 SECTION 5.02. Subsection (d), Section 63.003, Education
1053	1053	39-23 Code, is amended to read as follows:
1054	1054	39-24 (d) For the purposes of this section or Section 63.0035,
1055	1055	39-25 Baylor College of Medicine may receive funds [under Subsection
1056	1056	39-26 (a)(2)] only if the institution provides the comptroller with an
1057	1057	39-27 independently audited schedule of information that substantially
1058	1058	40-1 complies with the reporting requirements issued by the comptroller
1059	1059	40-2 for other eligible institutions [under Subsection (a)(2)].
1060	1060	40-3 Information under this subsection must be supplied not later than
1061	1061	40-4 the time other eligible institutions are required to submit similar
1062	1062	40-5 information.
1063	1063	40-6 ARTICLE 6. FISCAL MATTERS CONCERNING DUAL HIGH SCHOOL AND JUNIOR
1064	1064	40-7 COLLEGE CREDIT
1065	1065	40-8 SECTION 6.01. Subsection (c), Section 130.008, Education
1066	1066	40-9 Code, is amended to read as follows:
1067	1067	40-10 (c) The contact hours attributable to the enrollment of a
1068	1068	40-11 high school student in a course offered for joint high school and
1069	1069	40-12 junior college credit under this section, excluding a course for
1070	1070	40-13 which the student attending high school may receive course credit
1071	1071	40-14 toward the physical education curriculum requirement under Section
1072	1072	40-15 28.002(a)(2)(C), shall be included in the contact hours used to
1073	1073	40-16 determine the junior college's proportionate share of the state
1074	1074	40-17 money appropriated and distributed to public junior colleges under
1075	1075	40-18 Sections 130.003 and 130.0031, even if the junior college waives
1076	1076	40-19 all or part of the tuition or fees for the student under Subsection
1077	1077	40-20 (b).
1078	1078	40-21 SECTION 6.02. This article applies beginning with funding
1079	1079	40-22 for the 2011 fall semester.
1080	1080	40-23 ARTICLE 7. FISCAL MATTERS CONCERNING THE STATE COMPRESSION
1081	1081	40-24 PERCENTAGE
1082	1082	40-25 SECTION 7.01. Section 42.2516, Education Code, is amended
1083	1083	40-26 by adding Subsection (b-2) to read as follows:
1084	1084	40-27 (b-2) If a school district adopts a maintenance and
1085	1085	41-1 operations tax rate that is below the rate equal to the product of
1086	1086	41-2 the state compression percentage multiplied by the maintenance and
1087	1087	41-3 operations tax rate adopted by the district for the 2005 tax year,
1088	1088	41-4 the commissioner shall reduce the district's entitlement under this
1089	1089	41-5 section in proportion to the amount by which the adopted rate is
1090	1090	41-6 less than the rate equal to the product of the state compression
1091	1091	41-7 percentage multiplied by the rate adopted by the district for the
1092	1092	41-8 2005 tax year. The reduction required by this subsection applies
1093	1093	41-9 beginning with the maintenance and operations tax rate adopted for
1094	1094	41-10 the 2009 tax year.
1095	1095	41-11 ARTICLE 8. FISCAL MATTERS RELATING TO PUBLIC SCHOOL
1096	1096	41-12 FINANCE AND PREKINDERGARTEN PROGRAMS
1097	1097	41-13 SECTION 8.01. Effective September 1, 2011, Section 12.106,
1098	1098	41-14 Education Code, is amended by amending Subsection (a) and adding
1099	1099	41-15 Subsection (a-3) to read as follows:
1100	1100	41-16 (a) A charter holder is entitled to receive for the
1101	1101	41-17 open-enrollment charter school funding under Chapter 42 equal to
1102	1102	41-18 the greater of:
1103	1103	41-19 (1) the percentage specified by Section 42.2516(i)
1104	1104	41-20 multiplied by the amount of funding per student in weighted average
1105	1105	41-21 daily attendance, excluding enrichment funding under Sections
1106	1106	41-22 42.302(a-1)(2) and (3), as they existed on January 1, 2009, that
1107	1107	41-23 would have been received for the school during the 2009-2010 school
1108	1108	41-24 year under Chapter 42 as it existed on January 1, 2009, and an
1109	1109	41-25 additional amount of the percentage specified by Section 42.2516(i)
1110	1110	41-26 multiplied by $120 for each student in weighted average daily
1111	1111	41-27 attendance; or
1112	1112	42-1 (2) the amount of funding per student in weighted
1113	1113	42-2 average daily attendance, excluding enrichment funding under
1114	1114	42-3 Section 42.302(a), to which the charter holder would be entitled
1115	1115	42-4 for the school under Chapter 42 if the school were a school district
1116	1116	42-5 without a tier one local share for purposes of Section 42.253 and
1117	1117	42-6 without any local revenue for purposes of Section 42.2516.
1118	1118	42-7 (a-3) In determining funding for an open-enrollment charter
1119	1119	42-8 school under Subsection (a), the commissioner shall apply the
1120	1120	42-9 regular program adjustment factor provided under Section 42.101 to
1121	1121	42-10 calculate the regular program allotment to which a charter school
1122	1122	42-11 is entitled.
1123	1123	42-12 SECTION 8.02. Effective September 1, 2016, Subsection (a),
1124	1124	42-13 Section 12.106, Education Code, is amended to read as follows:
1125	1125	42-14 (a) A charter holder is entitled to receive for the
1126	1126	42-15 open-enrollment charter school funding under Chapter 42 equal to
1127	1127	42-16 [the greater of:
1128	1128	42-17 [(1) the amount of funding per student in weighted
1129	1129	42-18 average daily attendance, excluding enrichment funding under
1130	1130	42-19 Sections 42.302(a-1)(2) and (3), as they existed on January 1,
1131	1131	42-20 2009, that would have been received for the school during the
1132	1132	42-21 2009-2010 school year under Chapter 42 as it existed on January 1,
1133	1133	42-22 2009, and an additional amount of $120 for each student in weighted
1134	1134	42-23 average daily attendance; or
1135	1135	42-24 [(2)] the amount of funding per student in weighted
1136	1136	42-25 average daily attendance, excluding enrichment funding under
1137	1137	42-26 Section 42.302(a), to which the charter holder would be entitled
1138	1138	42-27 for the school under Chapter 42 if the school were a school district
1139	1139	43-1 without a tier one local share for purposes of Section 42.253 [and
1140	1140	43-2 without any local revenue for purposes of Section 42.2516].
1141	1141	43-3 SECTION 8.03. Effective September 1, 2011, Section 21.402,
1142	1142	43-4 Education Code, is amended by amending Subsections (a), (b), (c),
1143	1143	43-5 and (c-1) and adding Subsection (i) to read as follows:
1144	1144	43-6 (a) Except as provided by Subsection (d)[, (e),] or (f), a
1145	1145	43-7 school district must pay each classroom teacher, full-time
1146	1146	43-8 librarian, full-time counselor certified under Subchapter B, or
1147	1147	43-9 full-time school nurse not less than the minimum monthly salary,
1148	1148	43-10 based on the employee's level of experience in addition to other
1149	1149	43-11 factors, as determined by commissioner rule, determined by the
1150	1150	43-12 following formula:
1151	1151	43-13 MS = SF x FS
1152	1152	43-14 where:
1153	1153	43-15 "MS" is the minimum monthly salary;
1154	1154	43-16 "SF" is the applicable salary factor specified by Subsection
1155	1155	43-17 (c); and
1156	1156	43-18 "FS" is the amount, as determined by the commissioner under
1157	1157	43-19 Subsection (b), of the basic allotment as provided by Section
1158	1158	43-20 42.101 (a) or (b) for a school district with a maintenance and
1159	1159	43-21 operations tax rate at least equal to the state maximum compressed
1160	1160	43-22 tax rate, as defined by Section 42.101 (a) [state and local funds
1161	1161	43-23 per weighted student, including funds provided under Section
1162	1162	43-24 42.2516, available to a district eligible to receive state
1163	1163	43-25 assistance under Section 42.302 with a maintenance and operations
1164	1164	43-26 tax rate per $100 of taxable value equal to the product of the state
1165	1165	43-27 compression percentage, as determined under Section 42.2516,
1166	1166	44-1 multiplied by $1.50, except that the amount of state and local funds
1167	1167	44-2 per weighted student does not include the amount attributable to
1168	1168	44-3 the increase in the guaranteed level made by Chapter 1187, Acts of
1169	1169	44-4 the 77th Legislature, Regular Session, 2001].
1170	1170	44-5 (b) Not later than June 1 of each year, the commissioner
1171	1171	44-6 shall determine the basic allotment and resulting monthly salaries
1172	1172	44-7 to be paid by school districts as provided by Subsection (a) [amount
1173	1173	44-8 of state and local funds per weighted student available, for
1174	1174	44-9 purposes of Subsection (a), to a district described by that
1175	1175	44-10 subsection for the following school year].
1176	1176	44-11 (c) The salary factors per step are as follows:
1177	1177	44-12
1178	1178	44-13 0 1 2 3 4 0 1 2 3 4
1179	1179	0 1 2 3 4
1180	1180	44-14
1181	1181	44-15 .5464 [.6226] .5582 [.6360] .5698 [.6492] .5816 [.6627] .6064 [.6909] .5464 [.6226] .5582 [.6360] .5698 [.6492] .5816 [.6627] .6064 [.6909]
1182	1182	.5464 [.6226] .5582 [.6360] .5698 [.6492] .5816 [.6627] .6064 [.6909]
1183	1183	44-16
1184	1184	44-17 5 6 7 8 9 5 6 7 8 9
1185	1185	5 6 7 8 9
1186	1186	44-18
1187	1187	44-19 .6312 [.7192] .6560 [.7474] .6790 [.7737] .7008 [.7985] .7214 [.8220] .6312 [.7192] .6560 [.7474] .6790 [.7737] .7008 [.7985] .7214 [.8220]
1188	1188	.6312 [.7192] .6560 [.7474] .6790 [.7737] .7008 [.7985] .7214 [.8220]
1189	1189	44-20
1190	1190	44-21 10 11 12 13 14 10 11 12 13 14
1191	1191	10 11 12 13 14
1192	1192	44-22
1193	1193	44-23 .7408 [.8441] .7592 [.8650] .7768 [.8851] .7930 [.9035] .8086 [.9213] .7408 [.8441] .7592 [.8650] .7768 [.8851] .7930 [.9035] .8086 [.9213]
1194	1194	.7408 [.8441] .7592 [.8650] .7768 [.8851] .7930 [.9035] .8086 [.9213]
1195	1195	44-24
1196	1196	44-25 15 16 17 18 19 15 16 17 18 19
1197	1197	15 16 17 18 19
1198	1198	44-26
1199	1199	44-27 .8232 [.9380] .8372 [.9539] .8502 [.9687] .8626 [.9828] .8744 [.9963] .8232 [.9380] .8372 [.9539] .8502 [.9687] .8626 [.9828] .8744 [.9963]
1200	1200	.8232 [.9380] .8372 [.9539] .8502 [.9687] .8626 [.9828] .8744 [.9963]
1201	1201	44-28
1202	1202	44-29
1203	1203	44-30
1204	1204	44-31 .8854 [1.009] .8854 [1.009]
1205	1205	.8854 [1.009]
1206	1206	44-32 (c-1) Notwithstanding Subsections [Subsection] (a) and
1207	1207	44-33 (b)[, for the 2009-2010 and 2010-2011 school years], each school
1208	1208	44-34 district shall pay a monthly salary to [increase the monthly salary
1209	1209	44-35 of] each classroom teacher, full-time speech pathologist,
1210	1210	44-36 full-time librarian, full-time counselor certified under
1211	1211	44-37 Subchapter B, and full-time school nurse that is at least equal to
1212	1212	45-1 the following monthly salary or the monthly salary determined by
1213	1213	45-2 the commissioner under Subsections (a) and (b), whichever is [by
1214	1214	45-3 the] greater [of]:
1215	1215	45-4 Years of Monthly Years of Monthly
1216	1216	Years of Monthly
1217	1217	45-5 Experience Salary Experience Salary
1218	1218	Experience Salary
1219	1219	45-6 0 2,732 0 2,732
1220	1220	0 2,732
1221	1221	45-7 1 2,791 1 2,791
1222	1222	1 2,791
1223	1223	45-8 2 2,849 2 2,849
1224	1224	2 2,849
1225	1225	45-9 3 2,908 3 2,908
1226	1226	3 2,908
1227	1227	45-10 4 3,032 4 3,032
1228	1228	4 3,032
1229	1229	45-11 5 3,156 5 3,156
1230	1230	5 3,156
1231	1231	45-12 6 3,280 6 3,280
1232	1232	6 3,280
1233	1233	45-13 7 3,395 7 3,395
1234	1234	7 3,395
1235	1235	45-14 8 3,504 8 3,504
1236	1236	8 3,504
1237	1237	45-15 9 3,607 9 3,607
1238	1238	9 3,607
1239	1239	45-16 10 3,704 10 3,704
1240	1240	10 3,704
1241	1241	45-17 11 3,796 11 3,796
1242	1242	11 3,796
1243	1243	45-18 12 3,884 12 3,884
1244	1244	12 3,884
1245	1245	45-19 13 3,965 13 3,965
1246	1246	13 3,965
1247	1247	45-20 14 4,043 14 4,043
1248	1248	14 4,043
1249	1249	45-21 15 4,116 15 4,116
1250	1250	15 4,116
1251	1251	45-22 16 4,186 16 4,186
1252	1252	16 4,186
1253	1253	45-23 17 4,251 17 4,251
1254	1254	17 4,251
1255	1255	45-24 18 4,313 18 4,313
1256	1256	18 4,313
1257	1257	45-25 19 4,372 19 4,372
1258	1258	19 4,372
1259	1259	45-26 20 & Over 4,427 20 & Over 4,427
1260	1260	20 & Over 4,427
1261	1261	45-27 [(1) $80; or
1262	1262	46-1 [(2) the maximum uniform amount that, when combined with any
1263	1263	46-2 resulting increases in the amount of contributions made by the
1264	1264	46-3 district for social security coverage for the specified employees
1265	1265	46-4 or by the district on behalf of the specified employees under
1266	1266	46-5 Section 825.405, Government Code, may be provided using an amount
1267	1267	46-6 equal to the product of $60 multiplied by the number of students in
1268	1268	46-7 weighted average daily attendance in the school during the
1269	1269	46-8 2009-2010 school year.]
1270	1270	46-9 (i) Not later than January 1, 2013, the commissioner shall
1271	1271	46-10 submit to the governor, the lieutenant governor, the speaker of the
1272	1272	46-11 house of representatives, and the presiding officer of each
1273	1273	46-12 legislative standing committee with primary jurisdiction over
1274	1274	46-13 primary and secondary education a written report that evaluates and
1275	1275	46-14 provides recommendations regarding the salary schedule. This
1276	1276	46-15 subsection expires September 1, 2013.
1277	1277	46-16 SECTION 8.031. Effective September 1, 2016, Section 21.402,
1278	1278	46-17 Education Code, is amended by amending Subsection (a) and adding
1279	1279	46-18 Subsection (e-1) to read as follows:
1280	1280	46-19 (a) Except as provided by Subsection (d), (e-1) [(e)], or
1281	1281	46-20 (f), a school district must pay each classroom teacher, full-time
1282	1282	46-21 librarian, full-time counselor certified under Subchapter B, or
1283	1283	46-22 full-time school nurse not less than the minimum monthly salary,
1284	1284	46-23 based on the employee's level of experience in addition to other
1285	1285	46-24 factors, as determined by commissioner rule, determined by the
1286	1286	46-25 following formula:
1287	1287	46-26 MS = SF x FS
1288	1288	46-27 where:
1289	1289	47-1 "MS" is the minimum monthly salary;
1290	1290	47-2 "SF" is the applicable salary factor specified by Subsection
1291	1291	47-3 (c); and
1292	1292	47-4 "FS" is the amount, as determined by the commissioner under
1293	1293	47-5 Subsection (b), of the basic allotment as provided by Section
1294	1294	47-6 42.101(a) or (b) for a school district with a maintenance and
1295	1295	47-7 operation tax rate at least equal to the state maximum compressed
1296	1296	47-8 tax rate, as defined by Section 42.101(a) [state and local funds per
1297	1297	47-9 weighted student, including funds provided under Section 42.2516,
1298	1298	47-10 available to a district eligible to receive state assistance under
1299	1299	47-11 Section 42.302 with a maintenance and operations tax rate per $100
1300	1300	47-12 of taxable value equal to the product of the state compression
1301	1301	47-13 percentage, as determined under Section 42.2516, multiplied by
1302	1302	47-14 $1.50, except that the amount of state and local funds per weighted
1303	1303	47-15 student does not include the amount attributable to the increase in
1304	1304	47-16 the guaranteed level made by Chapter 1187, Acts of the 77th
1305	1305	47-17 Legislature, Regular Session 2001].
1306	1306	47-18 (e-1) If the minimum monthly salary determined under
1307	1307	47-19 Subsection (a) for a particular level of experience is less than the
1308	1308	47-20 minimum monthly salary for that level of experience in the
1309	1309	47-21 preceding year, the minimum monthly salary is the minimum monthly
1310	1310	47-22 salary for the preceding year.
1311	1311	47-23 SECTION 8.04. Section 29.1532, Education Code, is amended
1312	1312	47-24 by amending Subsection (a) and adding Subsections (d) and (e) to
1313	1313	47-25 read as follows:
1314	1314	47-26 (a) A school district's prekindergarten program shall be
1315	1315	47-27 designed to develop skills necessary for success in the regular
1316	1316	48-1 public school curriculum, including language, mathematics, [and]
1317	1317	48-2 social, and school readiness skills that are aligned with the Texas
1318	1318	48-3 Prekindergarten Guidelines approved by the commissioner.
1319	1319	48-4 (d) A school district's prekindergarten program must
1320	1320	48-5 demonstrate effectiveness in preparing children for kindergarten
1321	1321	48-6 according to a school readiness certification system established by
1322	1322	48-7 the commissioner. The commissioner may waive participation in the
1323	1323	48-8 certification system for a school district whose prekindergarten
1324	1324	48-9 program otherwise demonstrates effectiveness in preparing students
1325	1325	48-10 for kindergarten.
1326	1326	48-11 (e) The commissioner may adopt rules as necessary to
1327	1327	48-12 implement this section.
1328	1328	48-13 SECTION 8.05. Section 29.154, Education Code, is amended to
1329	1329	48-14 read as follows:
1330	1330	48-15 Sec. 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS.
1331	1331	48-16 (a) The commissioner [of education, in consultation with the
1332	1332	48-17 commissioner of human services,] shall:
1333	1333	48-18 (1) monitor and evaluate prekindergarten programs as
1334	1334	48-19 to their developmental appropriateness and the development of
1335	1335	48-20 school readiness, as aligned with the Texas Prekindergarten
1336	1336	48-21 Guidelines approved by the commissioner and a school readiness
1337	1337	48-22 certification system established by the commissioner;
1338	1338	48-23 (2) [. The commissioners shall also] evaluate the
1339	1339	48-24 potential for coordination on a statewide basis of prekindergarten
1340	1340	48-25 programs with government-funded early childhood care and education
1341	1341	48-26 programs such as child care administered under Chapter 44, Human
1342	1342	48-27 Resources Code, and federal Head Start programs; and
1343	1343	49-1 (3) [. That evaluation shall use recommendations
1344	1344	49-2 contained in the report to the 71st Legislature required by Chapter
1345	1345	49-3 717, Acts of the 70th Legislature, Regular Session, 1987. For the
1346	1346	49-4 purpose of providing cost-effective care for children during the
1347	1347	49-5 full workday with developmentally appropriate curriculum, the
1348	1348	49-6 commissioners shall investigate the use of existing child-care
1349	1349	49-7 program sites as prekindergarten sites. Following the evaluation
1350	1350	49-8 required by this section, the commissioners,] in cooperation with
1351	1351	49-9 school districts and other program administrators, [shall]
1352	1352	49-10 integrate programs, staff, and program sites for prekindergarten,
1353	1353	49-11 child-care, and federal Head Start programs to the greatest extent
1354	1354	49-12 possible.
1355	1355	49-13 (b) The commissioner or an entity acting under a contract
1356	1356	49-14 with the commissioner shall provide technical assistance to
1357	1357	49-15 implement proven school readiness components to a school district
1358	1358	49-16 operating a prekindergarten program under this subchapter that is
1359	1359	49-17 not certified by the commissioner following two consecutive review
1360	1360	49-18 cycles. The commissioner is not required to provide assistance to a
1361	1361	49-19 school district under this subsection if funding is not available.
1362	1362	49-20 (c) The commissioner may adopt rules as necessary to
1363	1363	49-21 implement this section.
1364	1364	49-22 SECTION 8.06. Subsection (a), Section 41.002, Education
1365	1365	49-23 Code, is amended to read as follows:
1366	1366	49-24 (a) A school district may not have a wealth per student that
1367	1367	49-25 exceeds:
1368	1368	49-26 (1) the wealth per student that generates the amount
1369	1369	49-27 of maintenance and operations tax revenue per weighted student
1370	1370	50-1 available to a district with maintenance and operations tax revenue
1371	1371	50-2 per cent of tax effort equal to the maximum amount provided per cent
1372	1372	50-3 under Section 42.101(a) [42.101], for the district's maintenance
1373	1373	50-4 and operations tax effort equal to or less than the rate equal to
1374	1374	50-5 the product of the state compression percentage, as determined
1375	1375	50-6 under Section 42.2516, multiplied by the maintenance and operations
1376	1376	50-7 tax rate adopted by the district for the 2005 tax year;
1377	1377	50-8 (2) the wealth per student that generates the amount
1378	1378	50-9 of maintenance and operations tax revenue per weighted student
1379	1379	50-10 available to the Austin Independent School District, as determined
1380	1380	50-11 by the commissioner in cooperation with the Legislative Budget
1381	1381	50-12 Board, for the first six cents by which the district's maintenance
1382	1382	50-13 and operations tax rate exceeds the rate equal to the product of the
1383	1383	50-14 state compression percentage, as determined under Section 42.2516,
1384	1384	50-15 multiplied by the maintenance and operations tax rate adopted by
1385	1385	50-16 the district for the 2005 tax year, subject to Section 41.093(b-1);
1386	1386	50-17 or
1387	1387	50-18 (3) $319,500, for the district's maintenance and
1388	1388	50-19 operations tax effort that exceeds the first six cents by which the
1389	1389	50-20 district's maintenance and operations tax effort exceeds the rate
1390	1390	50-21 equal to the product of the state compression percentage, as
1391	1391	50-22 determined under Section 42.2516, multiplied by the maintenance and
1392	1392	50-23 operations tax rate adopted by the district for the 2005 tax year.
1393	1393	50-24 SECTION 8.07. Section 42.003, Education Code, is amended by
1394	1394	50-25 amending Subsection (b) and adding Subsection (b-1) to read as
1395	1395	50-26 follows:
1396	1396	50-27 (b) A student to whom Subsection (a) does not apply is
1397	1397	51-1 entitled to the benefits of the Foundation School Program if the
1398	1398	51-2 student is enrolled in a prekindergarten class under Section 29.153
1399	1399	51-3 that participates in a school readiness certification system
1400	1400	51-4 established by the commissioner or that has received a waiver from
1401	1401	51-5 participation under Section 29.1532(d).
1402	1402	51-6 (b-1) For the 2012-2013 school year, the commissioner may
1403	1403	51-7 withhold from a school district an amount of the funds appropriated
1404	1404	51-8 to the district for allotments for prekindergarten students
1405	1405	51-9 enrolled in a classroom that participates in a school readiness
1406	1406	51-10 certification system established by the commissioner to pay the
1407	1407	51-11 costs of the district's participation in the school readiness
1408	1408	51-12 certification system. The commissioner may also withhold an amount
1409	1409	51-13 of revenue to which a school district is otherwise entitled under
1410	1410	51-14 Section 42.2516 to ensure that each school district in this state
1411	1411	51-15 pays a comparable amount of the costs of participation in the
1412	1412	51-16 system. This subsection expires September 1, 2013.
1413	1413	51-17 SECTION 8.08. The heading to Section 42.101, Education
1414	1414	51-18 Code, is amended to read as follows:
1415	1415	51-19 Sec. 42.101. BASIC AND REGULAR PROGRAM ALLOTMENTS
1416	1416	51-20 [ALLOTMENT].
1417	1417	51-21 SECTION 8.09. Effective September 1, 2011, Section 42.101,
1418	1418	51-22 Education Code, is amended by amending Subsections (a) and (b) and
1419	1419	51-23 adding Subsections (c) and (c-1) to read as follows:
1420	1420	51-24 (a) The basic [For each student in average daily attendance,
1421	1421	51-25 not including the time students spend each day in special education
1422	1422	51-26 programs in an instructional arrangement other than mainstream or
1423	1423	51-27 career and technology education programs, for which an additional
1424	1424	52-1 allotment is made under Subchapter C, a district is entitled to an]
1425	1425	52-2 allotment is an amount equal to the lesser of $4,765 or the amount
1426	1426	52-3 that results from the following formula:
1427	1427	52-4 A = $4,765 X (DCR/MCR)
1428	1428	52-5 where:
1429	1429	52-6 "A" is the resulting amount for [allotment to which] a
1430	1430	52-7 district [is entitled];
1431	1431	52-8 "DCR" is the district's compressed tax rate, which is the
1432	1432	52-9 product of the state compression percentage, as determined under
1433	1433	52-10 Section 42.2516, multiplied by the maintenance and operations tax
1434	1434	52-11 rate adopted by the district for the 2005 tax year; and
1435	1435	52-12 "MCR" is the state maximum compressed tax rate, which is the
1436	1436	52-13 product of the state compression percentage, as determined under
1437	1437	52-14 Section 42.2516, multiplied by $1.50.
1438	1438	52-15 (b) A greater amount for any school year for the basic
1439	1439	52-16 allotment under Subsection (a) may be provided by appropriation.
1440	1440	52-17 (c) A school district is entitled to a regular program
1441	1441	52-18 allotment equal to the amount that results from the following
1442	1442	52-19 formula:
1443	1443	52-20 RPA = ADA X AA X RPAF
1444	1444	52-21 where:
1445	1445	52-22 "RPA" is the regular program allotment to which the district
1446	1446	52-23 is entitled;
1447	1447	52-24 "ADA" is the number of students in average daily attendance
1448	1448	52-25 in a district, not including the time students spend each day in
1449	1449	52-26 special education programs in an instructional arrangement other
1450	1450	52-27 than mainstream or career and technology education programs, for
1451	1451	53-1 which an additional allotment is made under Subchapter C;
1452	1452	53-2 "AA" is the district's adjusted basic allotment, as
1453	1453	53-3 determined under Section 42.102 and, if applicable, as further
1454	1454	53-4 adjusted under Section 42.103; and
1455	1455	53-5 "RPAF" is the regular program adjustment factor, which is
1456	1456	53-6 1.00 or a different amount established by appropriation.
1457	1457	53-7 (c-1) Notwithstanding Subsection (c), the regular program
1458	1458	53-8 adjustment factor ("RPAF") is 0.98 for the 2011-2012 and 2012-2013
1459	1459	53-9 school years. This subsection expires September 1, 2013.
1460	1460	53-10 SECTION 8.10. Effective September 1, 2015, Subsection (a),
1461	1461	53-11 Section 42.101, Education Code, is amended to read as follows:
1462	1462	53-12 (a) The basic [For each student in average daily attendance,
1463	1463	53-13 not including the time students spend each day in special education
1464	1464	53-14 programs in an instructional arrangement other than mainstream or
1465	1465	53-15 career and technology education programs, for which an additional
1466	1466	53-16 allotment is made under Subchapter C, a district is entitled to an]
1467	1467	53-17 allotment is an amount equal to the lesser of $4,900 [$4,765] or the
1468	1468	53-18 amount that results from the following formula:
1469	1469	53-19 A = $4,900 [$4,765] X (DCR/MCR)
1470	1470	53-20 where:
1471	1471	53-21 "A" is the resulting amount for [allotment to which] a
1472	1472	53-22 district [is entitled];
1473	1473	53-23 "DCR" is the district's compressed tax rate, which is the
1474	1474	53-24 product of the state compression percentage, as determined under
1475	1475	53-25 Section 42.2516, multiplied by the maintenance and operations tax
1476	1476	53-26 rate adopted by the district for the 2005 tax year; and
1477	1477	53-27 "MCR" is the state maximum compressed tax rate, which is the
1478	1478	54-1 product of the state compression percentage, as determined under
1479	1479	54-2 Section 42.2516, multiplied by $1.50.
1480	1480	54-3 SECTION 8.11. Effective September 1, 2016, Subsection (a),
1481	1481	54-4 Section 42.101, Education Code, is amended to read as follows:
1482	1482	54-5 (a) The basic [For each student in average daily attendance,
1483	1483	54-6 not including the time students spend each day in special education
1484	1484	54-7 programs in an instructional arrangement other than mainstream or
1485	1485	54-8 career and technology education programs, for which an additional
1486	1486	54-9 allotment is made under Subchapter C, a district is entitled to an]
1487	1487	54-10 allotment is an amount equal to the lesser of $5,000 [$4,765] or the
1488	1488	54-11 amount that results from the following formula:
1489	1489	54-12 A = $5,000 [$4,765] X (DCR/MCR)
1490	1490	54-13 where:
1491	1491	54-14 "A" is the resulting amount for [allotment to which] a
1492	1492	54-15 district [is entitled];
1493	1493	54-16 "DCR" is the district's compressed tax rate, which is the
1494	1494	54-17 product of the state compression percentage, as determined under
1495	1495	54-18 Section 42.2516, multiplied by the maintenance and operations tax
1496	1496	54-19 rate adopted by the district for the 2005 tax year; and
1497	1497	54-20 "MCR" is the state maximum compressed tax rate, which is the
1498	1498	54-21 product of the state compression percentage, as determined under
1499	1499	54-22 Section 42.2516, multiplied by $1.50.
1500	1500	54-23 SECTION 8.12. Section 42.105, Education Code, is amended to
1501	1501	54-24 read as follows:
1502	1502	54-25 Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding
1503	1503	54-26 Sections 42.101, 42.102, and 42.103, a school district that has
1504	1504	54-27 fewer than 130 students in average daily attendance shall be
1505	1505	55-1 provided a regular program [an adjusted basic] allotment on the
1506	1506	55-2 basis of 130 students in average daily attendance if it offers a
1507	1507	55-3 kindergarten through grade 12 program and has preceding or current
1508	1508	55-4 year's average daily attendance of at least 90 students or is 30
1509	1509	55-5 miles or more by bus route from the nearest high school district. A
1510	1510	55-6 district offering a kindergarten through grade 8 program whose
1511	1511	55-7 preceding or current year's average daily attendance was at least
1512	1512	55-8 50 students or which is 30 miles or more by bus route from the
1513	1513	55-9 nearest high school district shall be provided a regular program
1514	1514	55-10 [an adjusted basic] allotment on the basis of 75 students in average
1515	1515	55-11 daily attendance. An average daily attendance of 60 students shall
1516	1516	55-12 be the basis of providing the regular program [adjusted basic]
1517	1517	55-13 allotment if a district offers a kindergarten through grade 6
1518	1518	55-14 program and has preceding or current year's average daily
1519	1519	55-15 attendance of at least 40 students or is 30 miles or more by bus
1520	1520	55-16 route from the nearest high school district.
1521	1521	55-17 SECTION 8.13. Subsection (a), Section 42.251, Education
1522	1522	55-18 Code, is amended to read as follows:
1523	1523	55-19 (a) The sum of the regular program [basic] allotment under
1524	1524	55-20 Subchapter B and the special allotments under Subchapter C,
1525	1525	55-21 computed in accordance with this chapter, constitute the tier one
1526	1526	55-22 allotments. The sum of the tier one allotments and the guaranteed
1527	1527	55-23 yield allotments under Subchapter F, computed in accordance with
1528	1528	55-24 this chapter, constitute the total cost of the Foundation School
1529	1529	55-25 Program.
1530	1530	55-26 SECTION 8.14. Subchapter E, Chapter 42, Education Code, is
1531	1531	55-27 amended by adding Section 42.2514 to read as follows:
1532	1532	56-1 Sec. 42.2514. ADDITIONAL STATE AID FOR TAX INCREMENT
1533	1533	56-2 FINANCING PAYMENTS. For each school year, a school district,
1534	1534	56-3 including a school district that is otherwise ineligible for state
1535	1535	56-4 aid under this chapter, is entitled to state aid in an amount equal
1536	1536	56-5 to the amount the district is required to pay into the tax increment
1537	1537	56-6 fund for a reinvestment zone under Section 311.013(n), Tax Code.
1538	1538	56-7 SECTION 8.15. Effective September 1, 2011, Section 42.2516,
1539	1539	56-8 Education Code, is amended by amending Subsections (b), (d), and
1540	1540	56-9 (f-2) and adding Subsection (i) to read as follows:
1541	1541	56-10 (b) Notwithstanding any other provision of this title, a
1542	1542	56-11 school district that imposes a maintenance and operations tax at a
1543	1543	56-12 rate at least equal to the product of the state compression
1544	1544	56-13 percentage multiplied by the maintenance and operations tax rate
1545	1545	56-14 adopted by the district for the 2005 tax year is entitled to at
1546	1546	56-15 least the amount of state revenue necessary to provide the district
1547	1547	56-16 with the sum of:
1548	1548	56-17 (1) the percentage specified by Subsection (i) of the
1549	1549	56-18 amount, as calculated under Subsection (e), [the amount] of state
1550	1550	56-19 and local revenue per student in weighted average daily attendance
1551	1551	56-20 for maintenance and operations that the district would have
1552	1552	56-21 received during the 2009-2010 school year under Chapter 41 and this
1553	1553	56-22 chapter, as those chapters existed on January 1, 2009, at a
1554	1554	56-23 maintenance and operations tax rate equal to the product of the
1555	1555	56-24 state compression percentage for that year multiplied by the
1556	1556	56-25 maintenance and operations tax rate adopted by the district for the
1557	1557	56-26 2005 tax year;
1558	1558	56-27 (2) the percentage specified by Subsection (i) of an
1559	1559	57-1 amount equal to the product of $120 multiplied by the number of
1560	1560	57-2 students in weighted average daily attendance in the district; and
1561	1561	57-3 (3) [an amount equal to the amount the district is
1562	1562	57-4 required to pay into the tax increment fund for a reinvestment zone
1563	1563	57-5 under Section 311.013(n), Tax Code, in the current tax year; and
1564	1564	57-6 [(4)] any amount to which the district is entitled
1565	1565	57-7 under Section 42.106.
1566	1566	57-8 (d) In determining the amount to which a district is
1567	1567	57-9 entitled under Subsection (b)(1), the commissioner shall:
1568	1568	57-10 (1) include the percentage specified by Subsection (i)
1569	1569	57-11 of any amounts received by the district during the 2008-2009 school
1570	1570	57-12 year under Rider 86, page III-23, Chapter 1428 (H.B. 1), Acts of the
1571	1571	57-13 80th Legislature, Regular Session, 2007 (the General
1572	1572	57-14 Appropriations Act); and
1573	1573	57-15 (2) for a school district that paid tuition under
1574	1574	57-16 Section 25.039 during the 2008-2009 school year, reduce the amount
1575	1575	57-17 to which the district is entitled by the amount of tuition paid
1576	1576	57-18 during that school year.
1577	1577	57-19 (f-2) The rules adopted by the commissioner under
1578	1578	57-20 Subsection (f-1) must:
1579	1579	57-21 (1) require the commissioner to determine, as if this
1580	1580	57-22 section did not exist, the effect under Chapter 41 and this chapter
1581	1581	57-23 of a school district's action described by Subsection (f-1)(1),
1582	1582	57-24 (2), (3), or (4) on the total state revenue to which the district
1583	1583	57-25 would be entitled or the cost to the district of purchasing
1584	1584	57-26 sufficient attendance credits to reduce the district's wealth per
1585	1585	57-27 student to the equalized wealth level; and
1586	1586	58-1 (2) require an increase or reduction in the amount of
1587	1587	58-2 state revenue to which a school district is entitled under
1588	1588	58-3 Subsection (b)(1) [(b)] that is substantially equivalent to any
1589	1589	58-4 change in total state revenue or the cost of purchasing attendance
1590	1590	58-5 credits that would apply to the district if this section did not
1591	1591	58-6 exist.
1592	1592	58-7 (i) The percentage to be applied for purposes of Subsections
1593	1593	58-8 (b)(1) and (2) and Subsection (d)(1) is 93.50 percent for the
1594	1594	58-9 2011-2012 school year and 92.35 percent for each subsequent school
1595	1595	58-10 year. A different percentage for any school year may be established
1596	1596	58-11 by appropriation.
1597	1597	58-12 SECTION 8.16. Effective September 1, 2016, the heading to
1598	1598	58-13 Section 42.2516, Education Code, is amended to read as follows:
1599	1599	58-14 Sec. 42.2516. STATE COMPRESSION PERCENTAGE [ADDITIONAL
1600	1600	58-15 STATE AID FOR TAX REDUCTION].
1601	1601	58-16 SECTION 8.17. Effective September 1, 2016, Subsection (a),
1602	1602	58-17 Section 42.2516, Education Code, is amended to read as follows:
1603	1603	58-18 (a) In this title [section], "state compression percentage"
1604	1604	58-19 means the percentage[, as determined by the commissioner,] of a
1605	1605	58-20 school district's adopted maintenance and operations tax rate for
1606	1606	58-21 the 2005 tax year that serves as the basis for state funding [for
1607	1607	58-22 tax rate reduction under this section]. If the state compression
1608	1608	58-23 percentage is not established by appropriation for a school year,
1609	1609	58-24 the [The] commissioner shall determine the state compression
1610	1610	58-25 percentage for each school year based on the percentage by which a
1611	1611	58-26 district is able to reduce the district's maintenance and
1612	1612	58-27 operations tax rate for that year, as compared to the district's
1613	1613	59-1 adopted maintenance and operations tax rate for the 2005 tax year,
1614	1614	59-2 as a result of state funds appropriated for [distribution under
1615	1615	59-3 this section for] that year from the property tax relief fund
1616	1616	59-4 established under Section 403.109, Government Code, or from another
1617	1617	59-5 funding source available for school district property tax relief.
1618	1618	59-6 SECTION 8.18. Effective September 1, 2011, Subsection (a),
1619	1619	59-7 Section 42.25161, Education Code, is amended to read as follows:
1620	1620	59-8 (a) The commissioner shall provide South Texas Independent
1621	1621	59-9 School District with the amount of state aid necessary to ensure
1622	1622	59-10 that the district receives an amount of state and local revenue per
1623	1623	59-11 student in weighted average daily attendance that is at least the
1624	1624	59-12 percentage specified by Section 42.2516(i) of $120 greater than the
1625	1625	59-13 amount the district would have received per student in weighted
1626	1626	59-14 average daily attendance during the 2009-2010 school year under
1627	1627	59-15 this chapter, as it existed on January 1, 2009, at a maintenance and
1628	1628	59-16 operations tax rate equal to the product of the state compression
1629	1629	59-17 percentage multiplied by the maintenance and operations tax rate
1630	1630	59-18 adopted by the district for the 2005 tax year, provided that the
1631	1631	59-19 district imposes a maintenance and operations tax at that rate.
1632	1632	59-20 SECTION 8.19. Subchapter E, Chapter 42, Education Code, is
1633	1633	59-21 amended by adding Section 42.2525 to read as follows:
1634	1634	59-22 Sec. 42.2525. ADJUSTMENTS FOR CERTAIN DEPARTMENT OF DEFENSE
1635	1635	59-23 DISTRICTS. The commissioner is granted the authority to ensure
1636	1636	59-24 that Department of Defense school districts do not receive more
1637	1637	59-25 than an eight percent reduction should the federal government
1638	1638	59-26 reduce appropriations.
1639	1639	59-27 SECTION 8.20. Effective September 1, 2011, Subsection (h),
1640	1640	60-1 Section 42.253, Education Code, is amended to read as follows:
1641	1641	60-2 (h) If the amount appropriated for the Foundation School
1642	1642	60-3 Program for the second year of a state fiscal biennium is less than
1643	1643	60-4 the amount to which school districts are entitled for that year, the
1644	1644	60-5 commissioner shall certify the amount of the difference to the
1645	1645	60-6 Legislative Budget Board not later than January 1 of the second year
1646	1646	60-7 of the state fiscal biennium. The Legislative Budget Board shall
1647	1647	60-8 propose to the legislature that the certified amount be transferred
1648	1648	60-9 to the foundation school fund from the economic stabilization fund
1649	1649	60-10 and appropriated for the purpose of increases in allocations under
1650	1650	60-11 this subsection. If the legislature fails during the regular
1651	1651	60-12 session to enact the proposed transfer and appropriation and there
1652	1652	60-13 are not funds available under Subsection (j), the commissioner
1653	1653	60-14 shall adjust [reduce] the total amounts due to each school district
1654	1654	60-15 under this chapter and the total amounts necessary for each school
1655	1655	60-16 district to comply with the requirements of Chapter 41 [amount of
1656	1656	60-17 state funds allocated to each district] by an amount determined by
1657	1657	60-18 applying to each district, including a district receiving funds
1658	1658	60-19 under Section 42.2516, the same percentage adjustment so that the
1659	1659	60-20 total amount of the adjustment to all districts [a method under
1660	1660	60-21 which the application of the same number of cents of increase in tax
1661	1661	60-22 rate in all districts applied to the taxable value of property of
1662	1662	60-23 each district, as determined under Subchapter M, Chapter 403,
1663	1663	60-24 Government Code,] results in an amount [a total levy] equal to the
1664	1664	60-25 total adjustment necessary [reduction]. The following fiscal year:
1665	1665	60-26 (1) [,] a district's entitlement under this section is
1666	1666	60-27 increased by an amount equal to the adjustment [reduction] made
1667	1667	61-1 under this subsection; and
1668	1668	61-2 (2) the amount necessary for a district to comply with
1669	1669	61-3 the requirements of Chapter 41 is reduced by an amount equal to the
1670	1670	61-4 adjustment made under this subsection.
1671	1671	61-5 SECTION 8.21. Effective September 1, 2016, Subsection (h),
1672	1672	61-6 Section 42.253, Education Code, is amended to read as follows:
1673	1673	61-7 (h) If the amount appropriated for the Foundation School
1674	1674	61-8 Program for the second year of a state fiscal biennium is less than
1675	1675	61-9 the amount to which school districts are entitled for that year, the
1676	1676	61-10 commissioner shall certify the amount of the difference to the
1677	1677	61-11 Legislative Budget Board not later than January 1 of the second year
1678	1678	61-12 of the state fiscal biennium. The Legislative Budget Board shall
1679	1679	61-13 propose to the legislature that the certified amount be transferred
1680	1680	61-14 to the foundation school fund from the economic stabilization fund
1681	1681	61-15 and appropriated for the purpose of increases in allocations under
1682	1682	61-16 this subsection. If the legislature fails during the regular
1683	1683	61-17 session to enact the proposed transfer and appropriation and there
1684	1684	61-18 are not funds available under Subsection (j), the commissioner
1685	1685	61-19 shall adjust [reduce] the total amounts due to each school district
1686	1686	61-20 under this chapter and the total amounts necessary for each school
1687	1687	61-21 district to comply with the requirements of Chapter 41 [amount of
1688	1688	61-22 state funds allocated to each district] by an amount determined by
1689	1689	61-23 applying to each district the same percentage adjustment so that
1690	1690	61-24 the total amount of the adjustment to all districts [a method under
1691	1691	61-25 which the application of the same number of cents of increase in tax
1692	1692	61-26 rate in all districts applied to the taxable value of property of
1693	1693	61-27 each district, as determined under Subchapter M, Chapter 403,
1694	1694	62-1 Government Code,] results in an amount [a total levy] equal to the
1695	1695	62-2 total adjustment necessary [reduction]. The following fiscal year:
1696	1696	62-3 (1) [,] a district's entitlement under this section is
1697	1697	62-4 increased by an amount equal to the adjustment [reduction] made
1698	1698	62-5 under this subsection; and
1699	1699	62-6 (2) the amount necessary for a district to comply with
1700	1700	62-7 the requirements of Chapter 41 is reduced by an amount equal to the
1701	1701	62-8 adjustment made under this subsection.
1702	1702	62-9 SECTION 8.22. Subsection (b), Section 42.260, Education
1703	1703	62-10 Code, is amended to read as follows:
1704	1704	62-11 (b) For each year, the commissioner shall certify to each
1705	1705	62-12 school district or participating charter school the amount of[:
1706	1706	62-13 [(1)] additional funds to which the district or school
1707	1707	62-14 is entitled due to the increase made by H.B. No. 3343, Acts of the
1708	1708	62-15 77th Legislature, Regular Session, 2001, to:
1709	1709	62-16 (1) [(A)] the equalized wealth level under Section
1710	1710	62-17 41.002; or
1711	1711	62-18 (2) [(B)] the guaranteed level of state and local
1712	1712	62-19 funds per weighted student per cent of tax effort under Section
1713	1713	62-20 42.302[; or
1714	1714	62-21 [(2) additional state aid to which the district or
1715	1715	62-22 school is entitled under Section 42.2513].
1716	1716	62-23 SECTION 8.23. Section 44.004, Education Code, is amended by
1717	1717	62-24 adding Subsection (g-1) to read as follows:
1718	1718	62-25 (g-1) If the rate calculated under Subsection
1719	1719	62-26 (c)(5)(A)(ii)(b) decreases after the publication of the notice
1720	1720	62-27 required by this section, the president is not required to publish
1721	1721	63-1 another notice or call another meeting to discuss and adopt the
1722	1722	63-2 budget and the proposed lower tax rate.
1723	1723	63-3 SECTION 8.24. Subsection (a), Section 26.05, Tax Code, is
1724	1724	63-4 amended to read as follows:
1725	1725	63-5 (a) The governing body of each taxing unit, before the later
1726	1726	63-6 of September 30 or the 60th day after the date the certified
1727	1727	63-7 appraisal roll is received by the taxing unit, shall adopt a tax
1728	1728	63-8 rate for the current tax year and shall notify the assessor for the
1729	1729	63-9 unit of the rate adopted. The tax rate consists of two components,
1730	1730	63-10 each of which must be approved separately. The components are:
1731	1731	63-11 (1) for a taxing unit other than a school district, the
1732	1732	63-12 rate that, if applied to the total taxable value, will impose the
1733	1733	63-13 total amount published under Section 26.04(e)(3)(C), less any
1734	1734	63-14 amount of additional sales and use tax revenue that will be used to
1735	1735	63-15 pay debt service, or, for a school district, the rate calculated
1736	1736	63-16 [published] under Section 44.004(c)(5)(A)(ii)(b), Education Code;
1737	1737	63-17 and
1738	1738	63-18 (2) the rate that, if applied to the total taxable
1739	1739	63-19 value, will impose the amount of taxes needed to fund maintenance
1740	1740	63-20 and operation expenditures of the unit for the next year.
1741	1741	63-21 SECTION 8.25. Effective September 1, 2016, Subsection (i),
1742	1742	63-22 Section 26.08, Tax Code, is amended to read as follows:
1743	1743	63-23 (i) For purposes of this section, the effective maintenance
1744	1744	63-24 and operations tax rate of a school district is the tax rate that,
1745	1745	63-25 applied to the current total value for the district, would impose
1746	1746	63-26 taxes in an amount that, when added to state funds that would be
1747	1747	63-27 distributed to the district under Chapter 42, Education Code, for
1748	1748	64-1 the school year beginning in the current tax year using that tax
1749	1749	64-2 rate, [including state funds that will be distributed to the
1750	1750	64-3 district in that school year under Section 42.2516, Education
1751	1751	64-4 Code,] would provide the same amount of state funds distributed
1752	1752	64-5 under Chapter 42, Education Code, [including state funds
1753	1753	64-6 distributed under Section 42.2516, Education Code,] and
1754	1754	64-7 maintenance and operations taxes of the district per student in
1755	1755	64-8 weighted average daily attendance for that school year that would
1756	1756	64-9 have been available to the district in the preceding year if the
1757	1757	64-10 funding elements for Chapters 41 and 42, Education Code, for the
1758	1758	64-11 current year had been in effect for the preceding year.
1759	1759	64-12 SECTION 8.26. Subsection (n), Section 311.013, Tax Code, is
1760	1760	64-13 amended to read as follows:
1761	1761	64-14 (n) This subsection applies only to a school district whose
1762	1762	64-15 taxable value computed under Section 403.302(d), Government Code,
1763	1763	64-16 is reduced in accordance with Subdivision (4) of that
1764	1764	64-17 subsection. In addition to the amount otherwise required to be
1765	1765	64-18 paid into the tax increment fund, the district shall pay into the
1766	1766	64-19 fund an amount equal to the amount by which the amount of taxes the
1767	1767	64-20 district would have been required to pay into the fund in the
1768	1768	64-21 current year if the district levied taxes at the rate the district
1769	1769	64-22 levied in 2005 exceeds the amount the district is otherwise
1770	1770	64-23 required to pay into the fund in the year of the reduction. This
1771	1771	64-24 additional amount may not exceed the amount the school district
1772	1772	64-25 receives in state aid for the current tax year under Section
1773	1773	64-26 42.2514, Education Code. The school district shall pay the
1774	1774	64-27 additional amount after the district receives the state aid to
1775	1775	65-1 which the district is entitled for the current tax year under
1776	1776	65-2 Section 42.2514, Education Code.
1777	1777	65-3 SECTION 8.27. Effective September 1, 2011, the following
1778	1778	65-4 provisions of the Education Code are repealed:
1779	1779	65-5 (1) Subsections (c-2), (c-3), and (e), Section 21.402;
1780	1780	65-6 (2) Section 42.008; and
1781	1781	65-7 (3) Subsections (a-1) and (a-2), Section 42.101.
1782	1782	65-8 SECTION 8.28. (a) Effective September 1, 2016, the
1783	1783	65-9 following provisions of the Education Code are repealed:
1784	1784	65-10 (1) Section 41.0041;
1785	1785	65-11 (2) Subsections (b), (b-1), (b-2), (c), (d), (e), (f),
1786	1786	65-12 (f-1), (f-2), (f-3), and (i), Section 42.2516;
1787	1787	65-13 (3) Section 42.25161;
1788	1788	65-14 (4) Subsection (c), Section 42.2523;
1789	1789	65-15 (5) Subsection (g), Section 42.2524;
1790	1790	65-16 (6) Subsection (c-1), Section 42.253; and
1791	1791	65-17 (7) Section 42.261.
1792	1792	65-18 (b) Effective September 1, 2016, Subsections (i-1) and (j),
1793	1793	65-19 Section 26.08, Tax Code, are repealed.
1794	1794	65-20 SECTION 8.29. It is the intent of the legislature, between
1795	1795	65-21 fiscal year 2014 and fiscal year 2017, to continue to reduce the
1796	1796	65-22 amount of Additional State Aid For Tax Reduction (ASATR) to which a
1797	1797	65-23 school district is entitled under Section 42.2516, Education Code,
1798	1798	65-24 and to increase the basic allotment to which a school district is
1799	1799	65-25 entitled under Section 42.101, Education Code.
1800	1800	65-26 SECTION 8.30. Except as otherwise provided by this Act, the
1801	1801	65-27 changes in law made by this Act to Chapter 42, Education Code, apply
1802	1802	66-1 beginning with the 2011-2012 school year.
1803	1803	66-2 SECTION 8.31. The change in law made by Subsection (g-1),
1804	1804	66-3 Section 44.004, Education Code, as added by this Act, applies
1805	1805	66-4 beginning with adoption of a tax rate for the 2011 tax year.
1806	1806	66-5 ARTICLE 9. EFFECTIVE DATE
1807	1807	66-6 SECTION 9.01. Except as otherwise provided by this Act,
1808	1808	66-7 this Act takes effect September 1, 2011.
1809	1809
1810	1810	0 1 2 3 4
1811	1811
1812	1812	.5464 [.6226] .5582 [.6360] .5698 [.6492] .5816 [.6627] .6064 [.6909]
1813	1813
1814	1814	5 6 7 8 9
1815	1815
1816	1816	.6312 [.7192] .6560 [.7474] .6790 [.7737] .7008 [.7985] .7214 [.8220]
1817	1817
1818	1818	10 11 12 13 14
1819	1819
1820	1820	.7408 [.8441] .7592 [.8650] .7768 [.8851] .7930 [.9035] .8086 [.9213]
1821	1821
1822	1822	15 16 17 18 19
1823	1823
1824	1824	.8232 [.9380] .8372 [.9539] .8502 [.9687] .8626 [.9828] .8744 [.9963]
1825	1825
1826	1826
1827	1827
1828	1828	.8854 [1.009]
1829	1829
1830	1830	Years of Monthly
1831	1831
1832	1832	Experience Salary
1833	1833
1834	1834	0 2,732
1835	1835
1836	1836	1 2,791
1837	1837
1838	1838	2 2,849
1839	1839
1840	1840	3 2,908
1841	1841
1842	1842	4 3,032
1843	1843
1844	1844	5 3,156
1845	1845
1846	1846	6 3,280
1847	1847
1848	1848	7 3,395
1849	1849
1850	1850	8 3,504
1851	1851
1852	1852	9 3,607
1853	1853
1854	1854	10 3,704
1855	1855
1856	1856	11 3,796
1857	1857
1858	1858	12 3,884
1859	1859
1860	1860	13 3,965
1861	1861
1862	1862	14 4,043
1863	1863
1864	1864	15 4,116
1865	1865
1866	1866	16 4,186
1867	1867
1868	1868	17 4,251
1869	1869
1870	1870	18 4,313
1871	1871
1872	1872	19 4,372
1873	1873
1874	1874	20 & Over 4,427