By: Paxton S.B. No. 1658
(In the Senate - Filed March 8, 2013; March 20, 2013, read
first time and referred to Committee on Education; April 16, 2013,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 7, Nays 0; April 16, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1658 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to the effect of certain state aid on school districts
required to take action to equalize wealth under the school finance
system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 41.0041, Education Code,
is amended to read as follows:
Sec. 41.0041. EFFECT OF [ADDITIONAL] STATE AID [FOR TAX
REDUCTION].
SECTION 2. Subsections (b), (c), and (d), Section 41.0041,
Education Code, are amended to read as follows:
(b) When the commissioner initially identifies a school
district under Section 41.004 as having a wealth per student for a
school year that exceeds the equalized wealth level, the
commissioner shall estimate:
(1) the amount of state revenue to which the district
is entitled under Chapter 42 [Section 42.2516] for that school
year; and
(2) the cost to the district to purchase attendance
credits under Subchapter D in an amount sufficient to reduce the
district's wealth per student to the equalized wealth level for
that school year.
(c) If the commissioner determines that the amount
described by Subsection (b)(1) exceeds the amount described by
Subsection (b)(2), the commissioner shall notify the district of
the commissioner's determination. In lieu of exercising an option
described by Section 41.003, the district's board of trustees may
authorize the commissioner to withhold from the state revenue to
which the district is entitled under Chapter 42 [Section 42.2516]
an amount equal to the amount described by Subsection (b)(2).
(d) In calculating the amount of state revenue to be
withheld from a school district under this section, the
commissioner shall calculate the cost for the district to reduce
the district's wealth per student to the equalized wealth level
using the final attendance and tax rate data for the school year and
shall award the district any available credit or discount under
Subchapter D as if the district had exercised the option under
Section 41.003(3) in a timely manner. If the final amount
calculated for the cost for the district to reduce the district's
wealth per student to the equalized wealth level for a school year
exceeds the amount of state revenue to which the district is
entitled under Chapter 42 [Section 42.2516] for that year:
(1) the commissioner shall:
(A) withhold the entire amount of state revenue
to which the district is entitled under Chapter 42 [Section
42.2516] for that year; and
(B) withhold the additional amount of the cost
for the district to reduce the district's wealth per student to the
equalized wealth level for that year from the state revenue to which
the district is entitled under Chapter 42 [Section 42.2516] for a
subsequent school year, or if the additional amount exceeds the
amount of state revenue to which the district is entitled, add the
difference to the cost of the attendance credits that the district
must purchase in the subsequent year; and
(2) the district is not required to take any further
action to reduce its wealth per student for that year.
SECTION 3. Subsection (a), Section 57.32, Chapter 4 (S.B.
1), Acts of the 82nd Legislature, 1st Called Session, 2011, is
amended to read as follows:
(a) Effective September 1, 2017, 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;
(2) [(3)] Section 42.25161;
(3) [(4)] Subsection (c), Section 42.2523;
(4) [(5)] Subsection (g), Section 42.2524;
(5) [(6)] Subsection (c-1), Section 42.253; and
(6) [(7)] Section 42.261.
SECTION 4. This Act takes effect September 1, 2013.
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