83R6938 GCB-F
By: Pitts H.B. No. 1027
A BILL TO BE ENTITLED
AN ACT
relating to the established schedule of payments from the
foundation school fund of the yearly entitlement of certain school
districts; making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.259, Education Code, is amended by
amending Subsections (c), (d), and (f) and adding Subsections (c-1)
and (d-1) to read as follows:
(c) Payments from the foundation school fund to each
category 2 school district shall be made as follows:
(1) 22 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(2) 18 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October;
(3) 9.5 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of November;
(4) 7.5 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of April;
(5) five percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of May;
(6) 10 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of June;
(7) 13 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of July; and
(8) 15 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of August [after the 5th day of September and not later
than the 10th day of September of the calendar year following the
calendar year of the payment made under Subdivision (1)].
(c-1) Notwithstanding Subsection (c)(8), for the state
fiscal year ending August 31, 2013, the installment described by
that subdivision shall be paid on or before the 30th day of August,
2013. This subsection expires August 31, 2013.
(d) Payments from the foundation school fund to each
category 3 school district shall be made as follows:
(1) 45 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(2) 35 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October; and
(3) 20 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of August [after the 5th day of September and not later
than the 10th day of September of the calendar year following the
calendar year of the payment made under Subdivision (1)].
(d-1) Notwithstanding Subsection (d)(3), for the state
fiscal year ending August 31, 2013, the installment described by
that subdivision shall be paid on or before the 30th day of August,
2013. This subsection expires August 31, 2013.
(f) Previously [Except as provided by Subsection (c)(8) or
(d)(3), any previously] unpaid additional funds from prior fiscal
years owed to a district shall be paid to the district together with
the September payment of the current fiscal year entitlement.
SECTION 2. Section 466.355(c), Government Code, is amended
to read as follows:
(c) Each August the comptroller shall:
(1) estimate the amount to be transferred to the
foundation school fund on or before September 15; and
(2) notwithstanding Subsection (b)(4), transfer the
amount estimated in Subdivision (1) to the foundation school fund
before August installment payments are made under Section 42.259,
Education Code [25].
SECTION 3. There is appropriated to the Texas Education
Agency from the Foundation School Fund No. 193 $1,750,000,000 in
fiscal year 2013 for payment of the installment to be paid on or
before August 30, 2013, as provided by Sections 42.259(c-1) and
(d-1), Education Code, as added by this Act.
SECTION 4. In Rider 3, page III-7, Chapter 1355 (H.B. 1),
Acts of the 82nd Legislature, Regular Session, 2011 (the General
Appropriations Act), the amount specified as the sum-certain
appropriation to the Foundation School Program in fiscal year 2013
is increased by $1,750,000,000.
SECTION 5. The changes made by this Act to Section 42.259,
Education Code, apply only to a payment from the foundation school
fund that is made on or after the effective date of this Act. A
payment to a school district from the foundation school fund that is
made before that date is governed by Section 42.259, Education
Code, as it existed before amendment by this Act, and the former law
is continued in effect for that purpose.
SECTION 6. 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.