85S10257 CAE-D By: Perry S.B. No. 81 A BILL TO BE ENTITLED AN ACT relating to additional state aid for certain school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter E, Chapter 42, Education Code, is amended by adding Section 42.25162 to read as follows: Sec. 42.25162. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS. (a) This section applies only to a school district determined by the commissioner to be the predominant provider of public education in a county of this state based on the following factors: (1) the extent to which the district is the public education provider for substantially all of the students residing in the county who attend school in a school district, other than a minimal number of students in the county who reside in the attendance zone of another school district; (2) the degree of hardship that the district's students would experience if the district were to discontinue providing public education and the district's students were required to attend school in another school district; and (3) any other relevant factor identified by the commissioner. (b) A school district is entitled to the additional state aid that would have been provided to the district for the current school year under Section 42.2516, as that section existed on January 1, 2017, if: (1) the district demonstrates, to the satisfaction of the commissioner, that the failure to receive that state aid would require the district to close at least one campus; and (2) the district received additional state aid under Section 42.2516, for: (A) the 2015-2016 school year; or (B) the 2016-2017 school year. (c) In implementing this section, the commissioner shall make determinations regarding additional state aid under Section 42.2516, as that section existed January 1, 2017, using the percentage reduction for purposes of former Section 42.2516(i) specified by appropriation for the 2016-2017 school year. (d) Notwithstanding any other provision of law, including Section 42.2528, if the commissioner determines that the amount appropriated for the purposes of the Foundation School Program exceeds the amount to which school districts are entitled under this chapter, the commissioner by rule shall use the excess funds to provide funding to school districts entitled to funds under this section. (e) The commissioner shall adopt rules necessary to implement this section. SECTION 2. Section 42.2528(a), Education Code, is amended to read as follows: (a) Except as provided by Section 42.25162, notwithstanding [Notwithstanding] any other provision of law, if the commissioner determines that the amount appropriated for the purposes of the Foundation School Program exceeds the amount to which school districts are entitled under this chapter, the commissioner by rule shall establish a grant program through which excess funds are awarded as grants for the purchase of video equipment, or for the reimbursement of costs for previously purchased video equipment, used for monitoring special education classrooms or other special education settings required under Section 29.022. SECTION 3. 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.