Texas 2011 82nd Regular

Texas Senate Bill SB22 Comm Sub / Bill

                    By: Shapiro S.B. No. 22
 (In the Senate - Filed March 11, 2011; March 14, 2011, read
 first time and referred to Committee on Finance; April 26, 2011,
 reported adversely, with favorable Committee Substitute by the
 following vote:  Yeas 11, Nays 4; April 26, 2011, sent to printer.)
 COMMITTEE SUBSTITUTE FOR S.B. No. 22 By:  Shapiro


 A BILL TO BE ENTITLED
 AN ACT
 relating to public school finance and prekindergarten programs.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Effective September 1, 2011, Section 12.106,
 Education Code, is amended by amending Subsection (a) and adding
 Subsection (a-3) to read as follows:
 (a)  A charter holder is entitled to receive for the
 open-enrollment charter school funding under Chapter 42 equal to
 the greater of:
 (1)  the percentage specified by Section 42.2516(i)
 multiplied by the amount of funding per student in weighted average
 daily attendance, excluding enrichment funding under Sections
 42.302(a-1)(2) and (3), as they existed on January 1, 2009, that
 would have been received for the school during the 2009-2010 school
 year under Chapter 42 as it existed on January 1, 2009, and an
 additional amount of the percentage specified by Section 42.2516(i)
 multiplied by $120 for each student in weighted average daily
 attendance; or
 (2)  the amount of funding per student in weighted
 average daily attendance, excluding enrichment funding under
 Section 42.302(a), to which the charter holder would be entitled
 for the school under Chapter 42 if the school were a school district
 without a tier one local share for purposes of Section 42.253 and
 without any local revenue for purposes of Section 42.2516.
 (a-3)  In determining funding for an open-enrollment charter
 school under Subsection (a), the commissioner shall apply the
 regular program adjustment factor provided under Section 42.101 to
 calculate the regular program allotment to which a charter school
 is entitled.
 SECTION 2.  Effective September 1, 2016, Subsection (a),
 Section 12.106, Education Code, is amended to read as follows:
 (a)  A charter holder is entitled to receive for the
 open-enrollment charter school funding under Chapter 42 equal to
 [the greater of:
 [(1)     the amount of funding per student in weighted
 average daily attendance, excluding enrichment funding under
 Sections 42.302(a-1)(2) and (3), as they existed on January 1,
 2009, that would have been received for the school during the
 2009-2010 school year under Chapter 42 as it existed on January 1,
 2009, and an additional amount of $120 for each student in weighted
 average daily attendance; or
 [(2)]  the amount of funding per student in weighted
 average daily attendance, excluding enrichment funding under
 Section 42.302(a), to which the charter holder would be entitled
 for the school under Chapter 42 if the school were a school district
 without a tier one local share for purposes of Section 42.253 [and
 without any local revenue for purposes of Section 42.2516].
 SECTION 3.  Section 21.402, Education Code, is amended by
 amending Subsection (a) and adding Subsection (i) to read as
 follows:
 (a)  Except as provided by Subsection (d)[, (e),] or (f), a
 school district must pay each classroom teacher, full-time
 librarian, full-time counselor certified under Subchapter B, or
 full-time school nurse not less than the following minimum monthly
 salary, based on the employee's level of experience:
 Years of Monthly  Years of Monthly
 Years of Monthly
 Experience Salary  Experience Salary
 Experience Salary
 0 2,732  0 2,732
 0 2,732
 1 2,791  1 2,791
 1 2,791
 2 2,849  2 2,849
 2 2,849
 3 2,908  3 2,908
 3 2,908
 4 3,032  4 3,032
 4 3,032
 5 3,156  5 3,156
 5 3,156
 6 3,280  6 3,280
 6 3,280
 7 3,395  7 3,395
 7 3,395
 8 3,504  8 3,504
 8 3,504
 9 3,607  9 3,607
 9 3,607
 10 3,704  10 3,704
 10 3,704
 11 3,796  11 3,796
 11 3,796
 12 3,884  12 3,884
 12 3,884
 13 3,965  13 3,965
 13 3,965
 14 4,043  14 4,043
 14 4,043
 15 4,116  15 4,116
 15 4,116
 16 4,186  16 4,186
 16 4,186
 17 4,251  17 4,251
 17 4,251
 18 4,313  18 4,313
 18 4,313
 19 4,372  19 4,372
 19 4,372
 20 & Over 4,427  20 & Over 4,427
 20 & Over 4,427
 [in addition to other factors, as determined by commissioner rule,
 determined by the following formula:
 [MS = SF x FS
 where:
 ["MS" is the minimum monthly salary;
 ["SF" is the applicable salary factor specified by Subsection
 (c); and
 ["FS" is the amount, as determined by the commissioner under
 Subsection (b), of state and local funds per weighted student,
 including funds provided under Section 42.2516, available to a
 district eligible to receive state assistance under Section 42.302
 with a maintenance and operations tax rate per $100 of taxable value
 equal to the product of the state compression percentage, as
 determined under Section 42.2516, multiplied by $1.50, except that
 the amount of state and local funds per weighted student does not
 include the amount attributable to the increase in the guaranteed
 level made by Chapter 1187, Acts of the 77th Legislature, Regular
 Session, 2001.]
 (i)  Not later than January 1, 2013, the commissioner shall
 review the minimum salary schedule and submit to the governor, the
 lieutenant governor, the speaker of the house of representatives,
 and the presiding officer of each legislative standing committee
 with primary jurisdiction over primary and secondary education a
 written report that recommends the method to be used to determine
 the schedule. This subsection expires September 1, 2013.
 SECTION 4.  Section 29.1532, Education Code, is amended by
 amending Subsection (a) and adding Subsections (d) and (e) to read
 as follows:
 (a)  A school district's prekindergarten program shall be
 designed to develop skills necessary for success in the regular
 public school curriculum, including language, mathematics, [and]
 social, and school readiness skills that are aligned with the Texas
 Prekindergarten Guidelines approved by the commissioner.
 (d)  A school district's prekindergarten program must
 demonstrate effectiveness in preparing children for kindergarten
 according to a school readiness certification system established by
 the commissioner.  The commissioner may waive participation in the
 certification system for a school district whose prekindergarten
 program otherwise demonstrates effectiveness in preparing students
 for kindergarten.
 (e)  The commissioner may adopt rules as necessary to
 implement this section.
 SECTION 5.  Section 29.154, Education Code, is amended to
 read as follows:
 Sec. 29.154.  EVALUATION OF PREKINDERGARTEN PROGRAMS.
 (a)  The commissioner [of education, in consultation with the
 commissioner of human services,] shall:
 (1)  monitor and evaluate prekindergarten programs as
 to their developmental appropriateness and the development of
 school readiness, as aligned with the Texas Prekindergarten
 Guidelines approved by the commissioner and a school readiness
 certification system established by the commissioner;
 (2)  [. The commissioners shall also] evaluate the
 potential for coordination on a statewide basis of prekindergarten
 programs with government-funded early childhood care and education
 programs such as child care administered under Chapter 44, Human
 Resources Code, and federal Head Start programs; and
 (3)  [. That evaluation shall use recommendations
 contained in the report to the 71st Legislature required by Chapter
 717, Acts of the 70th Legislature, Regular Session, 1987. For the
 purpose of providing cost-effective care for children during the
 full workday with developmentally appropriate curriculum, the
 commissioners shall investigate the use of existing child-care
 program sites as prekindergarten sites. Following the evaluation
 required by this section, the commissioners,] in cooperation with
 school districts and other program administrators, [shall]
 integrate programs, staff, and program sites for prekindergarten,
 child-care, and federal Head Start programs to the greatest extent
 possible.
 (b)  The commissioner or an entity acting under a contract
 with the commissioner shall provide technical assistance to
 implement proven school readiness components to a school district
 operating a prekindergarten program under this subchapter that is
 not certified by the commissioner following two consecutive review
 cycles. The commissioner is not required to provide assistance to a
 school district under this subsection if funding is not available.
 (c)  The commissioner may adopt rules as necessary to
 implement this section.
 SECTION 6.  Subsection (a), Section 41.002, Education Code,
 is amended to read as follows:
 (a)  A school district may not have a wealth per student that
 exceeds:
 (1)  the wealth per student that generates the amount
 of maintenance and operations tax revenue per weighted student
 available to a district with maintenance and operations tax revenue
 per cent of tax effort equal to the maximum amount provided per cent
 under Section 42.101(a) [42.101], for the district's maintenance
 and operations tax effort equal to or less than the rate equal to
 the product of the state compression percentage, as determined
 under Section 42.2516, multiplied by the maintenance and operations
 tax rate adopted by the district for the 2005 tax year;
 (2)  the wealth per student that generates the amount
 of maintenance and operations tax revenue per weighted student
 available to the Austin Independent School District, as determined
 by the commissioner in cooperation with the Legislative Budget
 Board, for the first six cents by which the district's maintenance
 and operations tax rate exceeds the rate equal to the product of the
 state compression percentage, as determined under Section 42.2516,
 multiplied by the maintenance and operations tax rate adopted by
 the district for the 2005 tax year, subject to Section 41.093(b-1);
 or
 (3)  $319,500, for the district's maintenance and
 operations tax effort that exceeds the first six cents by which the
 district's maintenance and operations tax effort exceeds the rate
 equal to the product of the state compression percentage, as
 determined under Section 42.2516, multiplied by the maintenance and
 operations tax rate adopted by the district for the 2005 tax year.
 SECTION 7.  Section 42.003, Education Code, is amended by
 amending Subsection (b) and adding Subsection (b-1) to read as
 follows:
 (b)  A student to whom Subsection (a) does not apply is
 entitled to the benefits of the Foundation School Program if the
 student is enrolled in a prekindergarten class under Section 29.153
 that participates in a school readiness certification system
 established by the commissioner or that has received a waiver from
 participation under Section 29.1532(d).
 (b-1)  For the 2011-2012 and 2012-2013 school years, the
 commissioner may withhold an amount of the total funds appropriated
 for allotments for students described by Subsection (b) to pay the
 costs of school districts' participation in the school readiness
 certification system. This subsection expires September 1, 2013.
 SECTION 8.  The heading to Section 42.101, Education Code,
 is amended to read as follows:
 Sec. 42.101.  BASIC AND REGULAR PROGRAM ALLOTMENTS
 [ALLOTMENT].
 SECTION 9.  Effective September 1, 2011, Section 42.101,
 Education Code, is amended by amending Subsections (a) and (b) and
 adding Subsections (c) and (c-1) to read as follows:
 (a)  The basic [For each student in average daily attendance,
 not including the time students spend each day in special education
 programs in an instructional arrangement other than mainstream or
 career and technology education programs, for which an additional
 allotment is made under Subchapter C, a district is entitled to an]
 allotment is an amount equal to the lesser of $4,765 or the amount
 that results from the following formula:
 A = $4,765 X (DCR/MCR)
 where:
 "A" is the resulting amount for [allotment to which] a
 district [is entitled];
 "DCR" is the district's compressed tax rate, which is the
 product of the state compression percentage, as determined under
 Section 42.2516, multiplied by the maintenance and operations tax
 rate adopted by the district for the 2005 tax year; and
 "MCR" is the state maximum compressed tax rate, which is the
 product of the state compression percentage, as determined under
 Section 42.2516, multiplied by $1.50.
 (b)  A greater amount for any school year for the basic
 allotment under Subsection (a) may be provided by appropriation.
 (c)  A school district is entitled to a regular program
 allotment equal to the amount that results from the following
 formula:
 RPA = ADA X AA X RPAF
 where:
 "RPA" is the regular program allotment to which the district
 is entitled;
 "ADA" is the number of students in average daily attendance
 in a district, not including the time students spend each day in
 special education programs in an instructional arrangement other
 than mainstream or career and technology education programs, for
 which an additional allotment is made under Subchapter C;
 "AA" is the district's adjusted basic allotment, as
 determined under Section 42.102 and, if applicable, as further
 adjusted under Section 42.103; and
 "RPAF" is the regular program adjustment factor, which is
 1.00 or a different amount established by appropriation.
 (c-1)  Notwithstanding Subsection (c), the regular program
 adjustment factor ("RPAF") is 0.98 for the 2011-2012 and 2012-2013
 school years.  This subsection expires September 1, 2013.
 SECTION 10.  Effective September 1, 2015, Subsection (a),
 Section 42.101, Education Code, is amended to read as follows:
 (a)  The basic [For each student in average daily attendance,
 not including the time students spend each day in special education
 programs in an instructional arrangement other than mainstream or
 career and technology education programs, for which an additional
 allotment is made under Subchapter C, a district is entitled to an]
 allotment is an amount equal to the lesser of $4,900 [$4,765] or the
 amount that results from the following formula:
 A = $4,900 [$4,765] X (DCR/MCR)
 where:
 "A" is the resulting amount for [allotment to which] a
 district [is entitled];
 "DCR" is the district's compressed tax rate, which is the
 product of the state compression percentage, as determined under
 Section 42.2516, multiplied by the maintenance and operations tax
 rate adopted by the district for the 2005 tax year; and
 "MCR" is the state maximum compressed tax rate, which is the
 product of the state compression percentage, as determined under
 Section 42.2516, multiplied by $1.50.
 SECTION 11.  Effective September 1, 2016, Subsection (a),
 Section 42.101, Education Code, is amended to read as follows:
 (a)  The basic [For each student in average daily attendance,
 not including the time students spend each day in special education
 programs in an instructional arrangement other than mainstream or
 career and technology education programs, for which an additional
 allotment is made under Subchapter C, a district is entitled to an]
 allotment is an amount equal to the lesser of $5,000 [$4,765] or the
 amount that results from the following formula:
 A = $5,000 [$4,765] X (DCR/MCR)
 where:
 "A" is the resulting amount for [allotment to which] a
 district [is entitled];
 "DCR" is the district's compressed tax rate, which is the
 product of the state compression percentage, as determined under
 Section 42.2516, multiplied by the maintenance and operations tax
 rate adopted by the district for the 2005 tax year; and
 "MCR" is the state maximum compressed tax rate, which is the
 product of the state compression percentage, as determined under
 Section 42.2516, multiplied by $1.50.
 SECTION 12.  Section 42.105, Education Code, is amended to
 read as follows:
 Sec. 42.105.  SPARSITY ADJUSTMENT. Notwithstanding
 Sections 42.101, 42.102, and 42.103, a school district that has
 fewer than 130 students in average daily attendance shall be
 provided a regular program [an adjusted basic] allotment on the
 basis of 130 students in average daily attendance if it offers a
 kindergarten through grade 12 program and has preceding or current
 year's average daily attendance of at least 90 students or is 30
 miles or more by bus route from the nearest high school district. A
 district offering a kindergarten through grade 8 program whose
 preceding or current year's average daily attendance was at least
 50 students or which is 30 miles or more by bus route from the
 nearest high school district shall be provided a regular program
 [an adjusted basic] allotment on the basis of 75 students in average
 daily attendance. An average daily attendance of 60 students shall
 be the basis of providing the regular program [adjusted basic]
 allotment if a district offers a kindergarten through grade 6
 program and has preceding or current year's average daily
 attendance of at least 40 students or is 30 miles or more by bus
 route from the nearest high school district.
 SECTION 13.  Subsection (a), Section 42.251, Education Code,
 is amended to read as follows:
 (a)  The sum of the regular program [basic] allotment under
 Subchapter B and the special allotments under Subchapter C,
 computed in accordance with this chapter, constitute the tier one
 allotments. The sum of the tier one allotments and the guaranteed
 yield allotments under Subchapter F, computed in accordance with
 this chapter, constitute the total cost of the Foundation School
 Program.
 SECTION 14.  Subchapter E, Chapter 42, Education Code, is
 amended by adding Section 42.2514 to read as follows:
 Sec. 42.2514.  ADDITIONAL STATE AID FOR TAX INCREMENT
 FINANCING PAYMENTS. For each school year, a school district,
 including a school district that is otherwise ineligible for state
 aid under this chapter, is entitled to state aid in an amount equal
 to the amount the district is required to pay into the tax increment
 fund for a reinvestment zone under Section 311.013(n), Tax Code.
 SECTION 15.  Effective September 1, 2011, Section 42.2516,
 Education Code, is amended by amending Subsections (b), (d), and
 (f-2) and adding Subsections (b-2) and (i) to read as follows:
 (b)  Notwithstanding any other provision of this title, a
 school district that imposes a maintenance and operations tax at a
 rate at least equal to the product of the state compression
 percentage multiplied by the maintenance and operations tax rate
 adopted by the district for the 2005 tax year is entitled to at
 least the amount of state revenue necessary to provide the district
 with the sum of:
 (1)  the percentage specified by Subsection (i) of the
 amount, as calculated under Subsection (e), [the amount] of state
 and local revenue per student in weighted average daily attendance
 for maintenance and operations that the district would have
 received during the 2009-2010 school year under Chapter 41 and this
 chapter, as those chapters existed on January 1, 2009, at a
 maintenance and operations tax rate equal to the product of the
 state compression percentage for that year multiplied by the
 maintenance and operations tax rate adopted by the district for the
 2005 tax year;
 (2)  the percentage specified by Subsection (i) of an
 amount equal to the product of $120 multiplied by the number of
 students in weighted average daily attendance in the district; and
 (3)  [an amount equal to the amount the district is
 required to pay into the tax increment fund for a reinvestment zone
 under Section 311.013(n), Tax Code, in the current tax year; and
 [(4)]  any amount to which the district is entitled
 under Section 42.106.
 (b-2)  If a school district adopts a maintenance and
 operations tax rate that is below the rate equal to the product of
 the state compression percentage multiplied by the maintenance and
 operations tax rate adopted by the district for the 2005 tax year,
 the commissioner shall reduce the district's entitlement under this
 section in proportion to the amount by which the adopted rate is
 less than the rate equal to the product of the state compression
 percentage multiplied by the rate adopted by the district for the
 2005 tax year.
 (d)  In determining the amount to which a district is
 entitled under Subsection (b)(1), the commissioner shall:
 (1)  include the percentage specified by Subsection (i)
 of any amounts received by the district during the 2008-2009 school
 year under Rider 86, page III-23, Chapter 1428 (H.B. 1), Acts of the
 80th Legislature, Regular Session, 2007 (the General
 Appropriations Act); and
 (2)  for a school district that paid tuition under
 Section 25.039 during the 2008-2009 school year, reduce the amount
 to which the district is entitled by the amount of tuition paid
 during that school year.
 (f-2)  The rules adopted by the commissioner under
 Subsection (f-1) must:
 (1)  require the commissioner to determine, as if this
 section did not exist, the effect under Chapter 41 and this chapter
 of a school district's action described by Subsection (f-1)(1),
 (2), (3), or (4) on the total state revenue to which the district
 would be entitled or the cost to the district of purchasing
 sufficient attendance credits to reduce the district's wealth per
 student to the equalized wealth level; and
 (2)  require an increase or reduction in the amount of
 state revenue to which a school district is entitled under
 Subsection (b)(1) [(b)] that is substantially equivalent to any
 change in total state revenue or the cost of purchasing attendance
 credits that would apply to the district if this section did not
 exist.
 (i)  The percentage to be applied for purposes of Subsections
 (b)(1) and (2) and Subsection (d)(1) is 93.50 percent for the
 2011-2012 school year and 92.35 percent for each subsequent school
 year.  A different percentage for any school year may be established
 by appropriation.
 SECTION 16.  Effective September 1, 2016, the heading to
 Section 42.2516, Education Code, is amended to read as follows:
 Sec. 42.2516.  STATE COMPRESSION PERCENTAGE [ADDITIONAL
 STATE AID FOR TAX REDUCTION].
 SECTION 17.  Effective September 1, 2016, Subsection (a),
 Section 42.2516, Education Code, is amended to read as follows:
 (a)  In this title [section], "state compression percentage"
 means the percentage[, as determined by the commissioner,] of a
 school district's adopted maintenance and operations tax rate for
 the 2005 tax year that serves as the basis for state funding [for
 tax rate reduction under this section].  If the state compression
 percentage is not established by appropriation for a school year,
 the [The] commissioner shall determine the state compression
 percentage for each school year based on the percentage by which a
 district is able to reduce the district's maintenance and
 operations tax rate for that year, as compared to the district's
 adopted maintenance and operations tax rate for the 2005 tax year,
 as a result of state funds appropriated for [distribution under
 this section for] that year from the property tax relief fund
 established under Section 403.109, Government Code, or from another
 funding source available for school district property tax relief.
 SECTION 18.  Effective September 1, 2011, Subsection (a),
 Section 42.25161, Education Code, is amended to read as follows:
 (a)  The commissioner shall provide South Texas Independent
 School District with the amount of state aid necessary to ensure
 that the district receives an amount of state and local revenue per
 student in weighted average daily attendance that is at least the
 percentage specified by Section 42.2516(i) of $120 greater than the
 amount the district would have received per student in weighted
 average daily attendance during the 2009-2010 school year under
 this chapter, as it existed on January 1, 2009, at a maintenance and
 operations tax rate equal to the product of the state compression
 percentage multiplied by the maintenance and operations tax rate
 adopted by the district for the 2005 tax year, provided that the
 district imposes a maintenance and operations tax at that rate.
 SECTION 19.  Effective September 1, 2011, Subsection (h),
 Section 42.253, Education Code, is amended to read as follows:
 (h)  If the amount appropriated for the Foundation School
 Program for the second year of a state fiscal biennium is less than
 the amount to which school districts are entitled for that year, the
 commissioner shall certify the amount of the difference to the
 Legislative Budget Board not later than January 1 of the second year
 of the state fiscal biennium. The Legislative Budget Board shall
 propose to the legislature that the certified amount be transferred
 to the foundation school fund from the economic stabilization fund
 and appropriated for the purpose of increases in allocations under
 this subsection.  If the legislature fails during the regular
 session to enact the proposed transfer and appropriation and there
 are not funds available under Subsection (j), the commissioner
 shall adjust [reduce] the total amounts due to each school district
 under this chapter and the total amounts necessary for each school
 district to comply with the requirements of Chapter 41 [amount of
 state funds allocated to each district] by an amount determined by
 applying to each district, including a district receiving funds
 under Section 42.2516, the same percentage adjustment so that the
 total amount of the adjustment to all districts [a method under
 which the application of the same number of cents of increase in tax
 rate in all districts applied to the taxable value of property of
 each district, as determined under Subchapter M, Chapter 403,
 Government Code,] results in an amount [a total levy] equal to the
 total adjustment necessary [reduction]. The following fiscal year:
 (1)  [,] a district's entitlement under this section is
 increased by an amount equal to the adjustment [reduction] made
 under this subsection; and
 (2)  the amount necessary for a district to comply with
 the requirements of Chapter 41 is reduced by an amount equal to the
 adjustment made under this subsection.
 SECTION 20.  Effective September 1, 2016, Subsection (h),
 Section 42.253, Education Code, is amended to read as follows:
 (h)  If the amount appropriated for the Foundation School
 Program for the second year of a state fiscal biennium is less than
 the amount to which school districts are entitled for that year, the
 commissioner shall certify the amount of the difference to the
 Legislative Budget Board not later than January 1 of the second year
 of the state fiscal biennium. The Legislative Budget Board shall
 propose to the legislature that the certified amount be transferred
 to the foundation school fund from the economic stabilization fund
 and appropriated for the purpose of increases in allocations under
 this subsection.  If the legislature fails during the regular
 session to enact the proposed transfer and appropriation and there
 are not funds available under Subsection (j), the commissioner
 shall adjust [reduce] the total amounts due to each school district
 under this chapter and the total amounts necessary for each school
 district to comply with the requirements of Chapter 41 [amount of
 state funds allocated to each district] by an amount determined by
 applying to each district the same percentage adjustment so that
 the total amount of the adjustment to all districts [a method under
 which the application of the same number of cents of increase in tax
 rate in all districts applied to the taxable value of property of
 each district, as determined under Subchapter M, Chapter 403,
 Government Code,] results in an amount [a total levy] equal to the
 total adjustment necessary [reduction]. The following fiscal year:
 (1)  [,] a district's entitlement under this section is
 increased by an amount equal to the adjustment [reduction] made
 under this subsection; and
 (2)  the amount necessary for a district to comply with
 the requirements of Chapter 41 is reduced by an amount equal to the
 adjustment made under this subsection.
 SECTION 21.  Subsection (b), Section 42.260, Education Code,
 is amended to read as follows:
 (b)  For each year, the commissioner shall certify to each
 school district or participating charter school the amount of[:
 [(1)]  additional funds to which the district or school
 is entitled due to the increase made by H.B. No. 3343, Acts of the
 77th Legislature, Regular Session, 2001, to:
 (1) [(A)]  the equalized wealth level under Section
 41.002; or
 (2) [(B)]  the guaranteed level of state and local
 funds per weighted student per cent of tax effort under Section
 42.302[; or
 [(2)     additional state aid to which the district or
 school is entitled under Section 42.2513].
 SECTION 22.  Section 44.004, Education Code, is amended by
 adding Subsection (g-1) to read as follows:
 (g-1)  If the rate calculated under Subsection
 (c)(5)(A)(ii)(b) decreases after the publication of the notice
 required by this section, the president is not required to publish
 another notice or call another meeting to discuss and adopt the
 budget and the proposed lower tax rate.
 SECTION 23.  Subsection (a), Section 26.05, Tax Code, is
 amended to read as follows:
 (a)  The governing body of each taxing unit, before the later
 of September 30 or the 60th day after the date the certified
 appraisal roll is received by the taxing unit, shall adopt a tax
 rate for the current tax year and shall notify the assessor for the
 unit of the rate adopted.  The tax rate consists of two components,
 each of which must be approved separately.  The components are:
 (1)  for a taxing unit other than a school district, the
 rate that, if applied to the total taxable value, will impose the
 total amount published under Section 26.04(e)(3)(C), less any
 amount of additional sales and use tax revenue that will be used to
 pay debt service, or, for a school district, the rate calculated
 [published] under Section 44.004(c)(5)(A)(ii)(b), Education Code;
 and
 (2)  the rate that, if applied to the total taxable
 value, will impose the amount of taxes needed to fund maintenance
 and operation expenditures of the unit for the next year.
 SECTION 24.  Effective September 1, 2016, Subsection (i),
 Section 26.08, Tax Code, is amended to read as follows:
 (i)  For purposes of this section, the effective maintenance
 and operations tax rate of a school district is the tax rate that,
 applied to the current total value for the district, would impose
 taxes in an amount that, when added to state funds that would be
 distributed to the district under Chapter 42, Education Code, for
 the school year beginning in the current tax year using that tax
 rate, [including state funds that will be distributed to the
 district in that school year under Section 42.2516, Education
 Code,] would provide the same amount of state funds distributed
 under Chapter 42, Education Code, [including state funds
 distributed under Section 42.2516, Education Code,] and
 maintenance and operations taxes of the district per student in
 weighted average daily attendance for that school year that would
 have been available to the district in the preceding year if the
 funding elements for Chapters 41 and 42, Education Code, for the
 current year had been in effect for the preceding year.
 SECTION 25.  Subsection (n), Section 311.013, Tax Code, is
 amended to read as follows:
 (n)  This subsection applies only to a school district whose
 taxable value computed under Section 403.302(d), Government Code,
 is reduced in accordance with Subdivision (4) of that
 subsection.  In addition to the amount otherwise required to be
 paid into the tax increment fund, the district shall pay into the
 fund an amount equal to the amount by which the amount of taxes the
 district would have been required to pay into the fund in the
 current year if the district levied taxes at the rate the district
 levied in 2005 exceeds the amount the district is otherwise
 required to pay into the fund in the year of the reduction.  This
 additional amount may not exceed the amount the school district
 receives in state aid for the current tax year under Section
 42.2514, Education Code. The school district shall pay the
 additional amount after the district receives the state aid to
 which the district is entitled for the current tax year under
 Section 42.2514, Education Code.
 SECTION 26.  Effective September 1, 2011, the following
 provisions of the Education Code are repealed:
 (1)  Subsections (b), (c), (c-1), (c-2), (c-3), and
 (e), Section 21.402;
 (2)  Section 42.008; and
 (3)  Subsections (a-1) and (a-2), Section 42.101.
 SECTION 27.  (a)  Effective September 1, 2016, the following
 provisions of the Education Code are repealed:
 (1)  Section 41.0041;
 (2)  Subsections (b), (b-1), (b-2), (c), (d), (e), (f),
 (f-1), (f-2), (f-3), and (i), Section 42.2516;
 (3)  Section 42.25161;
 (4)  Subsection (c), Section 42.2523;
 (5)  Subsection (g), Section 42.2524;
 (6)  Subsection (c-1), Section 42.253; and
 (7)  Section 42.261.
 (b)  Effective September 1, 2016, Subsections (i-1) and (j),
 Section 26.08, Tax Code, are repealed.
 SECTION 28.  Except as otherwise provided by this Act, the
 changes in law made by this Act to Chapter 42, Education Code, apply
 beginning with the 2011-2012 school year.
 SECTION 29.  The change in law made by Subsection (g-1),
 Section 44.004, Education Code, as added by this Act, applies
 beginning with adoption of a tax rate for the 2011 tax year.
 SECTION 30.  Except as otherwise provided by this Act:
 (1)  this Act takes effect immediately if it receives a
 vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution; and
 (2)  if this Act does not receive the vote necessary for
 immediate effect, this Act takes effect September 1, 2011.
 * * * * *

 Years of Monthly

 Experience Salary

 0 2,732

 1 2,791

 2 2,849

 3 2,908

 4 3,032

 5 3,156

 6 3,280

 7 3,395

 8 3,504

 9 3,607

 10 3,704

 11 3,796

 12 3,884

 13 3,965

 14 4,043

 15 4,116

 16 4,186

 17 4,251

 18 4,313

 19 4,372

 20 & Over 4,427