Texas 2013 - 83rd Regular

Texas Senate Bill SB1658 Compare Versions

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1	1	By: Paxton S.B. No. 1658
2	2	(Huberty)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the effect of certain state aid on school districts
8	8	required to take action to equalize wealth under the school finance
9	9	system.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 41.0041, Education Code,
12	12	is amended to read as follows:
13	13	Sec. 41.0041. EFFECT OF [ADDITIONAL] STATE AID [FOR TAX
14	14	REDUCTION].
15	15	SECTION 2. Subsections (b), (c), and (d), Section 41.0041,
16	16	Education Code, are amended to read as follows:
17	17	(b) When the commissioner initially identifies a school
18	18	district under Section 41.004 as having a wealth per student for a
19	19	school year that exceeds the equalized wealth level, the
20	20	commissioner shall estimate:
21	21	(1) the amount of state revenue to which the district
22	22	is entitled under Chapter 42 [Section 42.2516] for that school
23	23	year; and
24	24	(2) the cost to the district to purchase attendance
25	25	credits under Subchapter D in an amount sufficient to reduce the
26	26	district's wealth per student to the equalized wealth level for
27	27	that school year.
28	28	(c) If the commissioner determines that the amount
29	29	described by Subsection (b)(1) exceeds the amount described by
30	30	Subsection (b)(2), the commissioner shall notify the district of
31	31	the commissioner's determination. In lieu of exercising an option
32	32	described by Section 41.003, the district's board of trustees may
33	33	authorize the commissioner to withhold from the state revenue to
34	34	which the district is entitled under Chapter 42 [Section 42.2516]
35	35	an amount equal to the amount described by Subsection (b)(2).
36	36	(d) In calculating the amount of state revenue to be
37	37	withheld from a school district under this section, the
38	38	commissioner shall calculate the cost for the district to reduce
39	39	the district's wealth per student to the equalized wealth level
40	40	using the final attendance and tax rate data for the school year and
41	41	shall award the district any available credit or discount under
42	42	Subchapter D as if the district had exercised the option under
43	43	Section 41.003(3) in a timely manner. If the final amount
44	44	calculated for the cost for the district to reduce the district's
45	45	wealth per student to the equalized wealth level for a school year
46	46	exceeds the amount of state revenue to which the district is
47	47	entitled under Chapter 42 [Section 42.2516] for that year:
48	48	(1) the commissioner shall:
49	49	(A) withhold the entire amount of state revenue
50	50	to which the district is entitled under Chapter 42 [Section
51	51	42.2516] for that year; and
52	52	(B) withhold the additional amount of the cost
53	53	for the district to reduce the district's wealth per student to the
54	54	equalized wealth level for that year from the state revenue to which
55	55	the district is entitled under Chapter 42 [Section 42.2516] for a
56	56	subsequent school year, or if the additional amount exceeds the
57	57	amount of state revenue to which the district is entitled, add the
58	58	difference to the cost of the attendance credits that the district
59	59	must purchase in the subsequent year; and
60	60	(2) the district is not required to take any further
61	61	action to reduce its wealth per student for that year.
62	62	SECTION 3. Subsection (a), Section 57.32, Chapter 4 (S.B.
63	63	1), Acts of the 82nd Legislature, 1st Called Session, 2011, is
64	64	amended to read as follows:
65	65	(a) Effective September 1, 2017, the following provisions
66	66	of the Education Code are repealed:
67	67	(1) [Section 41.0041;
68	68	[(2)] Subsections (b), (b-1), (b-2), (c), (d), (e),
69	69	(f), (f-1), (f-2), (f-3), and (i), Section 42.2516;
70	70	(2) [(3)] Section 42.25161;
71	71	(3) [(4)] Subsection (c), Section 42.2523;
72	72	(4) [(5)] Subsection (g), Section 42.2524;
73	73	(5) [(6)] Subsection (c-1), Section 42.253; and
74	74	(6) [(7)] Section 42.261.
75	75	SECTION 4. This Act takes effect September 1, 2013.