Texas 2011 - 82nd Regular

Texas Senate Bill SB22 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	By: Shapiro S.B. No. 22
2	2	(In the Senate - Filed March 11, 2011; March 14, 2011, read
3	3	first time and referred to Committee on Finance; April 26, 2011,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 11, Nays 4; April 26, 2011, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 22 By: Shapiro
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to public school finance and prekindergarten programs.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Effective September 1, 2011, Section 12.106,
14	14	Education Code, is amended by amending Subsection (a) and adding
15	15	Subsection (a-3) to read as follows:
16	16	(a) A charter holder is entitled to receive for the
17	17	open-enrollment charter school funding under Chapter 42 equal to
18	18	the greater of:
19	19	(1) the percentage specified by Section 42.2516(i)
20	20	multiplied by the amount of funding per student in weighted average
21	21	daily attendance, excluding enrichment funding under Sections
22	22	42.302(a-1)(2) and (3), as they existed on January 1, 2009, that
23	23	would have been received for the school during the 2009-2010 school
24	24	year under Chapter 42 as it existed on January 1, 2009, and an
25	25	additional amount of the percentage specified by Section 42.2516(i)
26	26	multiplied by $120 for each student in weighted average daily
27	27	attendance; or
28	28	(2) the amount of funding per student in weighted
29	29	average daily attendance, excluding enrichment funding under
30	30	Section 42.302(a), to which the charter holder would be entitled
31	31	for the school under Chapter 42 if the school were a school district
32	32	without a tier one local share for purposes of Section 42.253 and
33	33	without any local revenue for purposes of Section 42.2516.
34	34	(a-3) In determining funding for an open-enrollment charter
35	35	school under Subsection (a), the commissioner shall apply the
36	36	regular program adjustment factor provided under Section 42.101 to
37	37	calculate the regular program allotment to which a charter school
38	38	is entitled.
39	39	SECTION 2. Effective September 1, 2016, Subsection (a),
40	40	Section 12.106, Education Code, is amended to read as follows:
41	41	(a) A charter holder is entitled to receive for the
42	42	open-enrollment charter school funding under Chapter 42 equal to
43	43	[the greater of:
44	44	[(1) the amount of funding per student in weighted
45	45	average daily attendance, excluding enrichment funding under
46	46	Sections 42.302(a-1)(2) and (3), as they existed on January 1,
47	47	2009, that would have been received for the school during the
48	48	2009-2010 school year under Chapter 42 as it existed on January 1,
49	49	2009, and an additional amount of $120 for each student in weighted
50	50	average daily attendance; or
51	51	[(2)] the amount of funding per student in weighted
52	52	average daily attendance, excluding enrichment funding under
53	53	Section 42.302(a), to which the charter holder would be entitled
54	54	for the school under Chapter 42 if the school were a school district
55	55	without a tier one local share for purposes of Section 42.253 [and
56	56	without any local revenue for purposes of Section 42.2516].
57	57	SECTION 3. Section 21.402, Education Code, is amended by
58	58	amending Subsection (a) and adding Subsection (i) to read as
59	59	follows:
60	60	(a) Except as provided by Subsection (d)[, (e),] or (f), a
61	61	school district must pay each classroom teacher, full-time
62	62	librarian, full-time counselor certified under Subchapter B, or
63	63	full-time school nurse not less than the following minimum monthly
64	64	salary, based on the employee's level of experience:
65	65	Years of Monthly Years of Monthly
66	66	Years of Monthly
67	67	Experience Salary Experience Salary
68	68	Experience Salary
69	69	0 2,732 0 2,732
70	70	0 2,732
71	71	1 2,791 1 2,791
72	72	1 2,791
73	73	2 2,849 2 2,849
74	74	2 2,849
75	75	3 2,908 3 2,908
76	76	3 2,908
77	77	4 3,032 4 3,032
78	78	4 3,032
79	79	5 3,156 5 3,156
80	80	5 3,156
81	81	6 3,280 6 3,280
82	82	6 3,280
83	83	7 3,395 7 3,395
84	84	7 3,395
85	85	8 3,504 8 3,504
86	86	8 3,504
87	87	9 3,607 9 3,607
88	88	9 3,607
89	89	10 3,704 10 3,704
90	90	10 3,704
91	91	11 3,796 11 3,796
92	92	11 3,796
93	93	12 3,884 12 3,884
94	94	12 3,884
95	95	13 3,965 13 3,965
96	96	13 3,965
97	97	14 4,043 14 4,043
98	98	14 4,043
99	99	15 4,116 15 4,116
100	100	15 4,116
101	101	16 4,186 16 4,186
102	102	16 4,186
103	103	17 4,251 17 4,251
104	104	17 4,251
105	105	18 4,313 18 4,313
106	106	18 4,313
107	107	19 4,372 19 4,372
108	108	19 4,372
109	109	20 & Over 4,427 20 & Over 4,427
110	110	20 & Over 4,427
111	111	[in addition to other factors, as determined by commissioner rule,
112	112	determined by the following formula:
113	113	[MS = SF x FS
114	114	where:
115	115	["MS" is the minimum monthly salary;
116	116	["SF" is the applicable salary factor specified by Subsection
117	117	(c); and
118	118	["FS" is the amount, as determined by the commissioner under
119	119	Subsection (b), of state and local funds per weighted student,
120	120	including funds provided under Section 42.2516, available to a
121	121	district eligible to receive state assistance under Section 42.302
122	122	with a maintenance and operations tax rate per $100 of taxable value
123	123	equal to the product of the state compression percentage, as
124	124	determined under Section 42.2516, multiplied by $1.50, except that
125	125	the amount of state and local funds per weighted student does not
126	126	include the amount attributable to the increase in the guaranteed
127	127	level made by Chapter 1187, Acts of the 77th Legislature, Regular
128	128	Session, 2001.]
129	129	(i) Not later than January 1, 2013, the commissioner shall
130	130	review the minimum salary schedule and submit to the governor, the
131	131	lieutenant governor, the speaker of the house of representatives,
132	132	and the presiding officer of each legislative standing committee
133	133	with primary jurisdiction over primary and secondary education a
134	134	written report that recommends the method to be used to determine
135	135	the schedule. This subsection expires September 1, 2013.
136	136	SECTION 4. Section 29.1532, Education Code, is amended by
137	137	amending Subsection (a) and adding Subsections (d) and (e) to read
138	138	as follows:
139	139	(a) A school district's prekindergarten program shall be
140	140	designed to develop skills necessary for success in the regular
141	141	public school curriculum, including language, mathematics, [and]
142	142	social, and school readiness skills that are aligned with the Texas
143	143	Prekindergarten Guidelines approved by the commissioner.
144	144	(d) A school district's prekindergarten program must
145	145	demonstrate effectiveness in preparing children for kindergarten
146	146	according to a school readiness certification system established by
147	147	the commissioner. The commissioner may waive participation in the
148	148	certification system for a school district whose prekindergarten
149	149	program otherwise demonstrates effectiveness in preparing students
150	150	for kindergarten.
151	151	(e) The commissioner may adopt rules as necessary to
152	152	implement this section.
153	153	SECTION 5. Section 29.154, Education Code, is amended to
154	154	read as follows:
155	155	Sec. 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS.
156	156	(a) The commissioner [of education, in consultation with the
157	157	commissioner of human services,] shall:
158	158	(1) monitor and evaluate prekindergarten programs as
159	159	to their developmental appropriateness and the development of
160	160	school readiness, as aligned with the Texas Prekindergarten
161	161	Guidelines approved by the commissioner and a school readiness
162	162	certification system established by the commissioner;
163	163	(2) [. The commissioners shall also] evaluate the
164	164	potential for coordination on a statewide basis of prekindergarten
165	165	programs with government-funded early childhood care and education
166	166	programs such as child care administered under Chapter 44, Human
167	167	Resources Code, and federal Head Start programs; and
168	168	(3) [. That evaluation shall use recommendations
169	169	contained in the report to the 71st Legislature required by Chapter
170	170	717, Acts of the 70th Legislature, Regular Session, 1987. For the
171	171	purpose of providing cost-effective care for children during the
172	172	full workday with developmentally appropriate curriculum, the
173	173	commissioners shall investigate the use of existing child-care
174	174	program sites as prekindergarten sites. Following the evaluation
175	175	required by this section, the commissioners,] in cooperation with
176	176	school districts and other program administrators, [shall]
177	177	integrate programs, staff, and program sites for prekindergarten,
178	178	child-care, and federal Head Start programs to the greatest extent
179	179	possible.
180	180	(b) The commissioner or an entity acting under a contract
181	181	with the commissioner shall provide technical assistance to
182	182	implement proven school readiness components to a school district
183	183	operating a prekindergarten program under this subchapter that is
184	184	not certified by the commissioner following two consecutive review
185	185	cycles. The commissioner is not required to provide assistance to a
186	186	school district under this subsection if funding is not available.
187	187	(c) The commissioner may adopt rules as necessary to
188	188	implement this section.
189	189	SECTION 6. Subsection (a), Section 41.002, Education Code,
190	190	is amended to read as follows:
191	191	(a) A school district may not have a wealth per student that
192	192	exceeds:
193	193	(1) the wealth per student that generates the amount
194	194	of maintenance and operations tax revenue per weighted student
195	195	available to a district with maintenance and operations tax revenue
196	196	per cent of tax effort equal to the maximum amount provided per cent
197	197	under Section 42.101(a) [42.101], for the district's maintenance
198	198	and operations tax effort equal to or less than the rate equal to
199	199	the product of the state compression percentage, as determined
200	200	under Section 42.2516, multiplied by the maintenance and operations
201	201	tax rate adopted by the district for the 2005 tax year;
202	202	(2) the wealth per student that generates the amount
203	203	of maintenance and operations tax revenue per weighted student
204	204	available to the Austin Independent School District, as determined
205	205	by the commissioner in cooperation with the Legislative Budget
206	206	Board, for the first six cents by which the district's maintenance
207	207	and operations tax rate exceeds the rate equal to the product of the
208	208	state compression percentage, as determined under Section 42.2516,
209	209	multiplied by the maintenance and operations tax rate adopted by
210	210	the district for the 2005 tax year, subject to Section 41.093(b-1);
211	211	or
212	212	(3) $319,500, for the district's maintenance and
213	213	operations tax effort that exceeds the first six cents by which the
214	214	district's maintenance and operations tax effort exceeds the rate
215	215	equal to the product of the state compression percentage, as
216	216	determined under Section 42.2516, multiplied by the maintenance and
217	217	operations tax rate adopted by the district for the 2005 tax year.
218	218	SECTION 7. Section 42.003, Education Code, is amended by
219	219	amending Subsection (b) and adding Subsection (b-1) to read as
220	220	follows:
221	221	(b) A student to whom Subsection (a) does not apply is
222	222	entitled to the benefits of the Foundation School Program if the
223	223	student is enrolled in a prekindergarten class under Section 29.153
224	224	that participates in a school readiness certification system
225	225	established by the commissioner or that has received a waiver from
226	226	participation under Section 29.1532(d).
227	227	(b-1) For the 2011-2012 and 2012-2013 school years, the
228	228	commissioner may withhold an amount of the total funds appropriated
229	229	for allotments for students described by Subsection (b) to pay the
230	230	costs of school districts' participation in the school readiness
231	231	certification system. This subsection expires September 1, 2013.
232	232	SECTION 8. The heading to Section 42.101, Education Code,
233	233	is amended to read as follows:
234	234	Sec. 42.101. BASIC AND REGULAR PROGRAM ALLOTMENTS
235	235	[ALLOTMENT].
236	236	SECTION 9. Effective September 1, 2011, Section 42.101,
237	237	Education Code, is amended by amending Subsections (a) and (b) and
238	238	adding Subsections (c) and (c-1) to read as follows:
239	239	(a) The basic [For each student in average daily attendance,
240	240	not including the time students spend each day in special education
241	241	programs in an instructional arrangement other than mainstream or
242	242	career and technology education programs, for which an additional
243	243	allotment is made under Subchapter C, a district is entitled to an]
244	244	allotment is an amount equal to the lesser of $4,765 or the amount
245	245	that results from the following formula:
246	246	A = $4,765 X (DCR/MCR)
247	247	where:
248	248	"A" is the resulting amount for [allotment to which] a
249	249	district [is entitled];
250	250	"DCR" is the district's compressed tax rate, which is the
251	251	product of the state compression percentage, as determined under
252	252	Section 42.2516, multiplied by the maintenance and operations tax
253	253	rate adopted by the district for the 2005 tax year; and
254	254	"MCR" is the state maximum compressed tax rate, which is the
255	255	product of the state compression percentage, as determined under
256	256	Section 42.2516, multiplied by $1.50.
257	257	(b) A greater amount for any school year for the basic
258	258	allotment under Subsection (a) may be provided by appropriation.
259	259	(c) A school district is entitled to a regular program
260	260	allotment equal to the amount that results from the following
261	261	formula:
262	262	RPA = ADA X AA X RPAF
263	263	where:
264	264	"RPA" is the regular program allotment to which the district
265	265	is entitled;
266	266	"ADA" is the number of students in average daily attendance
267	267	in a district, not including the time students spend each day in
268	268	special education programs in an instructional arrangement other
269	269	than mainstream or career and technology education programs, for
270	270	which an additional allotment is made under Subchapter C;
271	271	"AA" is the district's adjusted basic allotment, as
272	272	determined under Section 42.102 and, if applicable, as further
273	273	adjusted under Section 42.103; and
274	274	"RPAF" is the regular program adjustment factor, which is
275	275	1.00 or a different amount established by appropriation.
276	276	(c-1) Notwithstanding Subsection (c), the regular program
277	277	adjustment factor ("RPAF") is 0.98 for the 2011-2012 and 2012-2013
278	278	school years. This subsection expires September 1, 2013.
279	279	SECTION 10. Effective September 1, 2015, Subsection (a),
280	280	Section 42.101, Education Code, is amended to read as follows:
281	281	(a) The basic [For each student in average daily attendance,
282	282	not including the time students spend each day in special education
283	283	programs in an instructional arrangement other than mainstream or
284	284	career and technology education programs, for which an additional
285	285	allotment is made under Subchapter C, a district is entitled to an]
286	286	allotment is an amount equal to the lesser of $4,900 [$4,765] or the
287	287	amount that results from the following formula:
288	288	A = $4,900 [$4,765] X (DCR/MCR)
289	289	where:
290	290	"A" is the resulting amount for [allotment to which] a
291	291	district [is entitled];
292	292	"DCR" is the district's compressed tax rate, which is the
293	293	product of the state compression percentage, as determined under
294	294	Section 42.2516, multiplied by the maintenance and operations tax
295	295	rate adopted by the district for the 2005 tax year; and
296	296	"MCR" is the state maximum compressed tax rate, which is the
297	297	product of the state compression percentage, as determined under
298	298	Section 42.2516, multiplied by $1.50.
299	299	SECTION 11. Effective September 1, 2016, Subsection (a),
300	300	Section 42.101, Education Code, is amended to read as follows:
301	301	(a) The basic [For each student in average daily attendance,
302	302	not including the time students spend each day in special education
303	303	programs in an instructional arrangement other than mainstream or
304	304	career and technology education programs, for which an additional
305	305	allotment is made under Subchapter C, a district is entitled to an]
306	306	allotment is an amount equal to the lesser of $5,000 [$4,765] or the
307	307	amount that results from the following formula:
308	308	A = $5,000 [$4,765] X (DCR/MCR)
309	309	where:
310	310	"A" is the resulting amount for [allotment to which] a
311	311	district [is entitled];
312	312	"DCR" is the district's compressed tax rate, which is the
313	313	product of the state compression percentage, as determined under
314	314	Section 42.2516, multiplied by the maintenance and operations tax
315	315	rate adopted by the district for the 2005 tax year; and
316	316	"MCR" is the state maximum compressed tax rate, which is the
317	317	product of the state compression percentage, as determined under
318	318	Section 42.2516, multiplied by $1.50.
319	319	SECTION 12. Section 42.105, Education Code, is amended to
320	320	read as follows:
321	321	Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding
322	322	Sections 42.101, 42.102, and 42.103, a school district that has
323	323	fewer than 130 students in average daily attendance shall be
324	324	provided a regular program [an adjusted basic] allotment on the
325	325	basis of 130 students in average daily attendance if it offers a
326	326	kindergarten through grade 12 program and has preceding or current
327	327	year's average daily attendance of at least 90 students or is 30
328	328	miles or more by bus route from the nearest high school district. A
329	329	district offering a kindergarten through grade 8 program whose
330	330	preceding or current year's average daily attendance was at least
331	331	50 students or which is 30 miles or more by bus route from the
332	332	nearest high school district shall be provided a regular program
333	333	[an adjusted basic] allotment on the basis of 75 students in average
334	334	daily attendance. An average daily attendance of 60 students shall
335	335	be the basis of providing the regular program [adjusted basic]
336	336	allotment if a district offers a kindergarten through grade 6
337	337	program and has preceding or current year's average daily
338	338	attendance of at least 40 students or is 30 miles or more by bus
339	339	route from the nearest high school district.
340	340	SECTION 13. Subsection (a), Section 42.251, Education Code,
341	341	is amended to read as follows:
342	342	(a) The sum of the regular program [basic] allotment under
343	343	Subchapter B and the special allotments under Subchapter C,
344	344	computed in accordance with this chapter, constitute the tier one
345	345	allotments. The sum of the tier one allotments and the guaranteed
346	346	yield allotments under Subchapter F, computed in accordance with
347	347	this chapter, constitute the total cost of the Foundation School
348	348	Program.
349	349	SECTION 14. Subchapter E, Chapter 42, Education Code, is
350	350	amended by adding Section 42.2514 to read as follows:
351	351	Sec. 42.2514. ADDITIONAL STATE AID FOR TAX INCREMENT
352	352	FINANCING PAYMENTS. For each school year, a school district,
353	353	including a school district that is otherwise ineligible for state
354	354	aid under this chapter, is entitled to state aid in an amount equal
355	355	to the amount the district is required to pay into the tax increment
356	356	fund for a reinvestment zone under Section 311.013(n), Tax Code.
357	357	SECTION 15. Effective September 1, 2011, Section 42.2516,
358	358	Education Code, is amended by amending Subsections (b), (d), and
359	359	(f-2) and adding Subsections (b-2) and (i) to read as follows:
360	360	(b) Notwithstanding any other provision of this title, a
361	361	school district that imposes a maintenance and operations tax at a
362	362	rate at least equal to the product of the state compression
363	363	percentage multiplied by the maintenance and operations tax rate
364	364	adopted by the district for the 2005 tax year is entitled to at
365	365	least the amount of state revenue necessary to provide the district
366	366	with the sum of:
367	367	(1) the percentage specified by Subsection (i) of the
368	368	amount, as calculated under Subsection (e), [the amount] of state
369	369	and local revenue per student in weighted average daily attendance
370	370	for maintenance and operations that the district would have
371	371	received during the 2009-2010 school year under Chapter 41 and this
372	372	chapter, as those chapters existed on January 1, 2009, at a
373	373	maintenance and operations tax rate equal to the product of the
374	374	state compression percentage for that year multiplied by the
375	375	maintenance and operations tax rate adopted by the district for the
376	376	2005 tax year;
377	377	(2) the percentage specified by Subsection (i) of an
378	378	amount equal to the product of $120 multiplied by the number of
379	379	students in weighted average daily attendance in the district; and
380	380	(3) [an amount equal to the amount the district is
381	381	required to pay into the tax increment fund for a reinvestment zone
382	382	under Section 311.013(n), Tax Code, in the current tax year; and
383	383	[(4)] any amount to which the district is entitled
384	384	under Section 42.106.
385	385	(b-2) If a school district adopts a maintenance and
386	386	operations tax rate that is below the rate equal to the product of
387	387	the state compression percentage multiplied by the maintenance and
388	388	operations tax rate adopted by the district for the 2005 tax year,
389	389	the commissioner shall reduce the district's entitlement under this
390	390	section in proportion to the amount by which the adopted rate is
391	391	less than the rate equal to the product of the state compression
392	392	percentage multiplied by the rate adopted by the district for the
393	393	2005 tax year.
394	394	(d) In determining the amount to which a district is
395	395	entitled under Subsection (b)(1), the commissioner shall:
396	396	(1) include the percentage specified by Subsection (i)
397	397	of any amounts received by the district during the 2008-2009 school
398	398	year under Rider 86, page III-23, Chapter 1428 (H.B. 1), Acts of the
399	399	80th Legislature, Regular Session, 2007 (the General
400	400	Appropriations Act); and
401	401	(2) for a school district that paid tuition under
402	402	Section 25.039 during the 2008-2009 school year, reduce the amount
403	403	to which the district is entitled by the amount of tuition paid
404	404	during that school year.
405	405	(f-2) The rules adopted by the commissioner under
406	406	Subsection (f-1) must:
407	407	(1) require the commissioner to determine, as if this
408	408	section did not exist, the effect under Chapter 41 and this chapter
409	409	of a school district's action described by Subsection (f-1)(1),
410	410	(2), (3), or (4) on the total state revenue to which the district
411	411	would be entitled or the cost to the district of purchasing
412	412	sufficient attendance credits to reduce the district's wealth per
413	413	student to the equalized wealth level; and
414	414	(2) require an increase or reduction in the amount of
415	415	state revenue to which a school district is entitled under
416	416	Subsection (b)(1) [(b)] that is substantially equivalent to any
417	417	change in total state revenue or the cost of purchasing attendance
418	418	credits that would apply to the district if this section did not
419	419	exist.
420	420	(i) The percentage to be applied for purposes of Subsections
421	421	(b)(1) and (2) and Subsection (d)(1) is 93.50 percent for the
422	422	2011-2012 school year and 92.35 percent for each subsequent school
423	423	year. A different percentage for any school year may be established
424	424	by appropriation.
425	425	SECTION 16. Effective September 1, 2016, the heading to
426	426	Section 42.2516, Education Code, is amended to read as follows:
427	427	Sec. 42.2516. STATE COMPRESSION PERCENTAGE [ADDITIONAL
428	428	STATE AID FOR TAX REDUCTION].
429	429	SECTION 17. Effective September 1, 2016, Subsection (a),
430	430	Section 42.2516, Education Code, is amended to read as follows:
431	431	(a) In this title [section], "state compression percentage"
432	432	means the percentage[, as determined by the commissioner,] of a
433	433	school district's adopted maintenance and operations tax rate for
434	434	the 2005 tax year that serves as the basis for state funding [for
435	435	tax rate reduction under this section]. If the state compression
436	436	percentage is not established by appropriation for a school year,
437	437	the [The] commissioner shall determine the state compression
438	438	percentage for each school year based on the percentage by which a
439	439	district is able to reduce the district's maintenance and
440	440	operations tax rate for that year, as compared to the district's
441	441	adopted maintenance and operations tax rate for the 2005 tax year,
442	442	as a result of state funds appropriated for [distribution under
443	443	this section for] that year from the property tax relief fund
444	444	established under Section 403.109, Government Code, or from another
445	445	funding source available for school district property tax relief.
446	446	SECTION 18. Effective September 1, 2011, Subsection (a),
447	447	Section 42.25161, Education Code, is amended to read as follows:
448	448	(a) The commissioner shall provide South Texas Independent
449	449	School District with the amount of state aid necessary to ensure
450	450	that the district receives an amount of state and local revenue per
451	451	student in weighted average daily attendance that is at least the
452	452	percentage specified by Section 42.2516(i) of $120 greater than the
453	453	amount the district would have received per student in weighted
454	454	average daily attendance during the 2009-2010 school year under
455	455	this chapter, as it existed on January 1, 2009, at a maintenance and
456	456	operations tax rate equal to the product of the state compression
457	457	percentage multiplied by the maintenance and operations tax rate
458	458	adopted by the district for the 2005 tax year, provided that the
459	459	district imposes a maintenance and operations tax at that rate.
460	460	SECTION 19. Effective September 1, 2011, Subsection (h),
461	461	Section 42.253, Education Code, is amended to read as follows:
462	462	(h) If the amount appropriated for the Foundation School
463	463	Program for the second year of a state fiscal biennium is less than
464	464	the amount to which school districts are entitled for that year, the
465	465	commissioner shall certify the amount of the difference to the
466	466	Legislative Budget Board not later than January 1 of the second year
467	467	of the state fiscal biennium. The Legislative Budget Board shall
468	468	propose to the legislature that the certified amount be transferred
469	469	to the foundation school fund from the economic stabilization fund
470	470	and appropriated for the purpose of increases in allocations under
471	471	this subsection. If the legislature fails during the regular
472	472	session to enact the proposed transfer and appropriation and there
473	473	are not funds available under Subsection (j), the commissioner
474	474	shall adjust [reduce] the total amounts due to each school district
475	475	under this chapter and the total amounts necessary for each school
476	476	district to comply with the requirements of Chapter 41 [amount of
477	477	state funds allocated to each district] by an amount determined by
478	478	applying to each district, including a district receiving funds
479	479	under Section 42.2516, the same percentage adjustment so that the
480	480	total amount of the adjustment to all districts [a method under
481	481	which the application of the same number of cents of increase in tax
482	482	rate in all districts applied to the taxable value of property of
483	483	each district, as determined under Subchapter M, Chapter 403,
484	484	Government Code,] results in an amount [a total levy] equal to the
485	485	total adjustment necessary [reduction]. The following fiscal year:
486	486	(1) [,] a district's entitlement under this section is
487	487	increased by an amount equal to the adjustment [reduction] made
488	488	under this subsection; and
489	489	(2) the amount necessary for a district to comply with
490	490	the requirements of Chapter 41 is reduced by an amount equal to the
491	491	adjustment made under this subsection.
492	492	SECTION 20. Effective September 1, 2016, Subsection (h),
493	493	Section 42.253, Education Code, is amended to read as follows:
494	494	(h) If the amount appropriated for the Foundation School
495	495	Program for the second year of a state fiscal biennium is less than
496	496	the amount to which school districts are entitled for that year, the
497	497	commissioner shall certify the amount of the difference to the
498	498	Legislative Budget Board not later than January 1 of the second year
499	499	of the state fiscal biennium. The Legislative Budget Board shall
500	500	propose to the legislature that the certified amount be transferred
501	501	to the foundation school fund from the economic stabilization fund
502	502	and appropriated for the purpose of increases in allocations under
503	503	this subsection. If the legislature fails during the regular
504	504	session to enact the proposed transfer and appropriation and there
505	505	are not funds available under Subsection (j), the commissioner
506	506	shall adjust [reduce] the total amounts due to each school district
507	507	under this chapter and the total amounts necessary for each school
508	508	district to comply with the requirements of Chapter 41 [amount of
509	509	state funds allocated to each district] by an amount determined by
510	510	applying to each district the same percentage adjustment so that
511	511	the total amount of the adjustment to all districts [a method under
512	512	which the application of the same number of cents of increase in tax
513	513	rate in all districts applied to the taxable value of property of
514	514	each district, as determined under Subchapter M, Chapter 403,
515	515	Government Code,] results in an amount [a total levy] equal to the
516	516	total adjustment necessary [reduction]. The following fiscal year:
517	517	(1) [,] a district's entitlement under this section is
518	518	increased by an amount equal to the adjustment [reduction] made
519	519	under this subsection; and
520	520	(2) the amount necessary for a district to comply with
521	521	the requirements of Chapter 41 is reduced by an amount equal to the
522	522	adjustment made under this subsection.
523	523	SECTION 21. Subsection (b), Section 42.260, Education Code,
524	524	is amended to read as follows:
525	525	(b) For each year, the commissioner shall certify to each
526	526	school district or participating charter school the amount of[:
527	527	[(1)] additional funds to which the district or school
528	528	is entitled due to the increase made by H.B. No. 3343, Acts of the
529	529	77th Legislature, Regular Session, 2001, to:
530	530	(1) [(A)] the equalized wealth level under Section
531	531	41.002; or
532	532	(2) [(B)] the guaranteed level of state and local
533	533	funds per weighted student per cent of tax effort under Section
534	534	42.302[; or
535	535	[(2) additional state aid to which the district or
536	536	school is entitled under Section 42.2513].
537	537	SECTION 22. Section 44.004, Education Code, is amended by
538	538	adding Subsection (g-1) to read as follows:
539	539	(g-1) If the rate calculated under Subsection
540	540	(c)(5)(A)(ii)(b) decreases after the publication of the notice
541	541	required by this section, the president is not required to publish
542	542	another notice or call another meeting to discuss and adopt the
543	543	budget and the proposed lower tax rate.
544	544	SECTION 23. Subsection (a), Section 26.05, Tax Code, is
545	545	amended to read as follows:
546	546	(a) The governing body of each taxing unit, before the later
547	547	of September 30 or the 60th day after the date the certified
548	548	appraisal roll is received by the taxing unit, shall adopt a tax
549	549	rate for the current tax year and shall notify the assessor for the
550	550	unit of the rate adopted. The tax rate consists of two components,
551	551	each of which must be approved separately. The components are:
552	552	(1) for a taxing unit other than a school district, the
553	553	rate that, if applied to the total taxable value, will impose the
554	554	total amount published under Section 26.04(e)(3)(C), less any
555	555	amount of additional sales and use tax revenue that will be used to
556	556	pay debt service, or, for a school district, the rate calculated
557	557	[published] under Section 44.004(c)(5)(A)(ii)(b), Education Code;
558	558	and
559	559	(2) the rate that, if applied to the total taxable
560	560	value, will impose the amount of taxes needed to fund maintenance
561	561	and operation expenditures of the unit for the next year.
562	562	SECTION 24. Effective September 1, 2016, Subsection (i),
563	563	Section 26.08, Tax Code, is amended to read as follows:
564	564	(i) For purposes of this section, the effective maintenance
565	565	and operations tax rate of a school district is the tax rate that,
566	566	applied to the current total value for the district, would impose
567	567	taxes in an amount that, when added to state funds that would be
568	568	distributed to the district under Chapter 42, Education Code, for
569	569	the school year beginning in the current tax year using that tax
570	570	rate, [including state funds that will be distributed to the
571	571	district in that school year under Section 42.2516, Education
572	572	Code,] would provide the same amount of state funds distributed
573	573	under Chapter 42, Education Code, [including state funds
574	574	distributed under Section 42.2516, Education Code,] and
575	575	maintenance and operations taxes of the district per student in
576	576	weighted average daily attendance for that school year that would
577	577	have been available to the district in the preceding year if the
578	578	funding elements for Chapters 41 and 42, Education Code, for the
579	579	current year had been in effect for the preceding year.
580	580	SECTION 25. Subsection (n), Section 311.013, Tax Code, is
581	581	amended to read as follows:
582	582	(n) This subsection applies only to a school district whose
583	583	taxable value computed under Section 403.302(d), Government Code,
584	584	is reduced in accordance with Subdivision (4) of that
585	585	subsection. In addition to the amount otherwise required to be
586	586	paid into the tax increment fund, the district shall pay into the
587	587	fund an amount equal to the amount by which the amount of taxes the
588	588	district would have been required to pay into the fund in the
589	589	current year if the district levied taxes at the rate the district
590	590	levied in 2005 exceeds the amount the district is otherwise
591	591	required to pay into the fund in the year of the reduction. This
592	592	additional amount may not exceed the amount the school district
593	593	receives in state aid for the current tax year under Section
594	594	42.2514, Education Code. The school district shall pay the
595	595	additional amount after the district receives the state aid to
596	596	which the district is entitled for the current tax year under
597	597	Section 42.2514, Education Code.
598	598	SECTION 26. Effective September 1, 2011, the following
599	599	provisions of the Education Code are repealed:
600	600	(1) Subsections (b), (c), (c-1), (c-2), (c-3), and
601	601	(e), Section 21.402;
602	602	(2) Section 42.008; and
603	603	(3) Subsections (a-1) and (a-2), Section 42.101.
604	604	SECTION 27. (a) Effective September 1, 2016, the following
605	605	provisions of the Education Code are repealed:
606	606	(1) Section 41.0041;
607	607	(2) Subsections (b), (b-1), (b-2), (c), (d), (e), (f),
608	608	(f-1), (f-2), (f-3), and (i), Section 42.2516;
609	609	(3) Section 42.25161;
610	610	(4) Subsection (c), Section 42.2523;
611	611	(5) Subsection (g), Section 42.2524;
612	612	(6) Subsection (c-1), Section 42.253; and
613	613	(7) Section 42.261.
614	614	(b) Effective September 1, 2016, Subsections (i-1) and (j),
615	615	Section 26.08, Tax Code, are repealed.
616	616	SECTION 28. Except as otherwise provided by this Act, the
617	617	changes in law made by this Act to Chapter 42, Education Code, apply
618	618	beginning with the 2011-2012 school year.
619	619	SECTION 29. The change in law made by Subsection (g-1),
620	620	Section 44.004, Education Code, as added by this Act, applies
621	621	beginning with adoption of a tax rate for the 2011 tax year.
622	622	SECTION 30. Except as otherwise provided by this Act:
623	623	(1) this Act takes effect immediately if it receives a
624	624	vote of two-thirds of all the members elected to each house, as
625	625	provided by Section 39, Article III, Texas Constitution; and
626	626	(2) if this Act does not receive the vote necessary for
627	627	immediate effect, this Act takes effect September 1, 2011.
628	628	* * * * *
629	629
630	630	Years of Monthly
631	631
632	632	Experience Salary
633	633
634	634	0 2,732
635	635
636	636	1 2,791
637	637
638	638	2 2,849
639	639
640	640	3 2,908
641	641
642	642	4 3,032
643	643
644	644	5 3,156
645	645
646	646	6 3,280
647	647
648	648	7 3,395
649	649
650	650	8 3,504
651	651
652	652	9 3,607
653	653
654	654	10 3,704
655	655
656	656	11 3,796
657	657
658	658	12 3,884
659	659
660	660	13 3,965
661	661
662	662	14 4,043
663	663
664	664	15 4,116
665	665
666	666	16 4,186
667	667
668	668	17 4,251
669	669
670	670	18 4,313
671	671
672	672	19 4,372
673	673
674	674	20 & Over 4,427