85S11856 KLA-F
By: Zerwas, Huberty, Giddings, Guerra, H.B. No. 30
et al.
A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations and giving
direction and making adjustments regarding appropriations for
public school finance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. APPROPRIATION: TEXAS EDUCATION AGENCY. (a) In
addition to other amounts appropriated to the Texas Education
Agency for the state fiscal biennium beginning September 1, 2017,
the following appropriations are made to the agency from the
Foundation School Fund, general revenue account number 0193, for
Strategy A.1.1., FSP-Equalized Operations, as listed in the
appropriations made to the agency in Chapter 605 (S.B. 1), Acts of
the 85th Legislature, Regular Session, 2017 (the General
Appropriations Act):
(1) $963,500,000 for the state fiscal year beginning
September 1, 2017; and
(2) $963,500,000 for the state fiscal year beginning
September 1, 2018.
(b) Notwithstanding the sum-certain appropriations
specified in Rider 3, Chapter 605 (S.B. 1), Acts of the 85th
Legislature, Regular Session, 2017 (the General Appropriations
Act), to the bill pattern of the appropriations to the Texas
Education Agency, the Legislative Budget Board shall determine the
sum-certain appropriation to the Foundation School Program for each
year of the state fiscal biennium beginning September 1, 2017,
based on the amount specified in that rider, the other provisions of
the General Appropriations Act, and other law, including the
provisions of this Act.
(c) Notwithstanding Rider 3, Chapter 605 (S.B. 1), Acts of
the 85th Legislature, Regular Session, 2017 (the General
Appropriations Act), to the bill pattern of the appropriations to
the Texas Education Agency, for purposes of distributing the
Foundation School Program basic tier state aid appropriated for the
state fiscal biennium beginning September 1, 2017, and in
accordance with Section 42.101, Education Code, the basic allotment
is established at $5,350 for the state fiscal year beginning
September 1, 2017, and $5,350 for the state fiscal year beginning
September 1, 2018.
(d) Out of amounts appropriated to the Texas Education
Agency in Subsection (a) of this section, the commissioner of
education shall allocate $15,000,000 for the state fiscal year
beginning September 1, 2017, and $15,000,000 for the state fiscal
year beginning September 1, 2018, to making grants under Section
29.018, Education Code, to school districts and open-enrollment
charter schools to assist in covering the cost of educating
students with disabilities. It is the intent of the legislature
that:
(1) except as inconsistent with general law, expenses
for which a school district or open-enrollment charter school may
use money allocated under this section and awarded to the district
or school as a grant include:
(A) fees for educational therapies or support
services provided by a practitioner or other provider;
(B) transportation costs necessary for a student
to receive educational support services;
(C) costs associated with purchasing
instructional materials, as defined by Section 31.002, Education
Code; and
(D) costs of computer hardware and software and
other assistive technological devices intended to facilitate a
student's learning; and
(2) the commissioner of education require a school
district or open-enrollment charter school awarded grant money
described by this subsection to report to the Texas Education
Agency on the district's or school's use of that money.
SECTION 2. APPROPRIATION REDUCTION: TEXAS EDUCATION
AGENCY. The appropriations to the Texas Education Agency for the
state fiscal year beginning September 1, 2018, from the Foundation
School Fund, general revenue account number 0193, for Strategy
A.1.1., FSP-Equalized Operations, made by Chapter 605 (S.B. 1),
Acts of the 85th Legislature, Regular Session, 2017 (the General
Appropriations Act), are reduced by $1,927,000,000. It is the
intent of the legislature that the August 2019 Foundation School
Program payment to school districts be deferred and made in
September 2019 in accordance with this Act and the Act described by
Section 3(a)(2) of this Act.
SECTION 3. CONTINGENCY. (a) This Act takes effect only if
the 85th Legislature, 1st Called Session, 2017, enacts the
following and the Acts become law:
(1) H.B. 21 or another Act that improves equity in and
reduces the amount of school property tax revenue subject to
recapture under the public school finance system and increases this
state's share of the funding for the Foundation School Program; and
(2) an Act authorizing the deferral of the August 2019
Foundation School Program payment to school districts.
(b) If an Act described by Subsection (a)(1) of this section
or an Act described by Subsection (a)(2) of this section does not
become law, this Act has no effect.
SECTION 4. EFFECTIVE DATE. 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 on the 91st day after the
last day of the legislative session.