Texas 2019 - 86th Regular

Texas House Bill HR2186 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.R. No. 2186
	1	+	86R36931 MEW/KJE-D
	2	+	By: Huberty H.R. No. 2186
2	3
3	4
4	5		R E S O L U T I O N
5	6		BE IT RESOLVED by the House of Representatives of the State of
6	7		Texas, 86th Legislature, Regular Session, 2019, That House Rule 13,
7	8		Section 9(a), be suspended in part as provided by House Rule 13,
8	9		Section 9(f), to enable the conference committee appointed to
9	10		resolve the differences on House Bill 3 (public school finance and
10	11		public education; creating a criminal offense; authorizing the
11	12		imposition of a fee) to consider and take action on the following
12	13		matters:
13	14		(1) House Rule 13, Section 9(a)(1), is suspended to permit
14	15		the committee to amend text not in disagreement in proposed SECTION
15	16		1.004 of the bill, amending Section 25.084, Education Code, to read
16	17		as follows:
17	18		SECTION 1.004. (a) Effective September 1, 2019, Section
18	19		25.084(b), Education Code, is amended to read as follows:
19	20		(b) The operation of schools year-round by a district does
20	21		not affect the amount of state funds to which the district is
21	22		entitled under Chapter 48 [42].
22	23		(b) Effective September 1, 2020, Section 25.084, Education
23	24		Code, is amended by amending Subsection (b) and adding Subsection
24	25		(c) to read as follows:
25	26		Explanation: The change is necessary to delay the
26	27		implementation of certain provisions of Section 25.084, Education
27	28		Code.
28	29		(2) House Rule 13, Section 9(a)(3), is suspended to permit
29	30		the committee to add text on a matter not in disagreement in
30	31		proposed SECTION 1.009 of the bill, in added Section 45.0032(e),
31	32		Education Code, to read as follows:
32	33		(e) For the 2019 tax year, Section 48.202(f) applies to a
33	34		district's maintenance and operations tax rate after adjusting the
34	35		district's rate in accordance with this section. This subsection
35	36		expires September 1, 2020.
36	37		Explanation: The addition is necessary to determine the
37	38		application of Section 48.202(f), Education Code, to a school
38	39		district's maintenance and operations tax rate for the 2019 tax
39	40		year.
40	41		(3) House Rule 13, Section 9(a)(1), is suspended to permit
41	42		the committee to amend text not in disagreement in proposed SECTION
42	43		1.014 of the bill, adding Section 48.0051, Education Code, to read
43	44		as follows:
44	45		SECTION 1.014. Effective September 1, 2020, Subchapter A,
45	46		Chapter 48, Education Code, as added by this Act, is amended by
46	47		adding Section 48.0051 to read as follows:
47	48		Explanation: The change is necessary to delay the
48	49		implementation of Section 48.0051, Education Code.
49	50		(4) House Rule 13, Section 9(a)(3), is suspended to permit
50	51		the committee to add text on a matter not in disagreement in SECTION
51	52		1.014 of the bill, in added Section 48.0051, Education Code, to read
52	53		as follows:
53	54		(f) A school district or open-enrollment charter school may
54	55		use funding attributable to the incentive provided under this
55	56		section to pay costs associated with providing academic instruction
56	57		in a voluntary summer program for students enrolled in the district
57	58		or school.
58	59		Explanation: The addition is necessary to allow school
59	60		districts and open-enrollment charter schools to use certain
60	61		funding to pay costs associated with certain summer programs.
61	62		(5) House Rule 13, Section 9(a)(1), is suspended to permit
62	63		the committee to amend text not in disagreement in proposed SECTION
63	64		1.015 of the bill, in transferred, redesignated, and amended
64	65		Sections 48.006(a) and (c), Education Code, to read as follows:
65	66		(a) The [From funds specifically appropriated for the
66	67		purpose or other funds available to the commissioner for that
67	68		purpose, the] commissioner may [shall] adjust the average daily
68	69		attendance of a school district all or part of which is located in
69	70		an area declared a disaster area by the governor under Chapter 418,
70	71		Government Code, if the district experiences a decline in average
71	72		daily attendance that is reasonably attributable to the impact of
72	73		the disaster.
73	74		(c) The commissioner may [shall] make the adjustment under
74	75		[required by] this section for the two-year period following the
75	76		date of the governor's initial proclamation or executive order
76	77		declaring the state of disaster.
77	78		Explanation: The changes are necessary to give the
78	79		commissioner discretion in adjusting the average daily attendance
79	80		of a school district located wholly or partly in a disaster area.
80	81		(6) House Rule 13, Section 9(a)(3), is suspended to permit
81	82		the committee to add text on a matter not in disagreement in
82	83		proposed SECTION 1.019 of the bill, in added Sections 48.011(a-1),
83	84		(b), and (d), Education Code, to read as follows:
84	85		(a-1) The commissioner may modify dates relating to the
85	86		adoption of a school district's maintenance and operations tax rate
86	87		and, if applicable, an election required for the district to adopt
87	88		that rate as necessary to implement the changes made by H.B. 3, 86th
88	89		Legislature, Regular Session, 2019.
89	90		(b) Before making an adjustment under Subsection (a) or
90	91		(a-1), the commissioner shall notify and must receive approval from
91	92		the Legislative Budget Board and the office of the governor.
92	93		(d) Beginning with the 2021-2022 school year, the
93	94		commissioner may not make an adjustment under Subsection (a) or
94	95		(a-1).
95	96		Explanation: The addition is necessary to permit the
96	97		commissioner to modify dates relating to a school district's
97	98		maintenance and operations tax rate after receiving approval from
98	99		the Legislative Budget Board and the office of the governor until
99	100		the beginning of the 2021-2022 school year.
100	101		(7) House Rule 13, Section 9(a)(3), is suspended to permit
101	102		the committee to add text on a matter not in disagreement in
102	103		proposed SECTION 1.021 of the bill, in transferred, redesignated,
103	104		and amended Section 48.051, Education Code, to read as follows:
104	105		(d) In this section, "compensation" includes benefits such
105	106		as insurance premiums.
106	107		Explanation: The addition is necessary to include benefits in
107	108		the definition of "compensation."
108	109		(8) House Rule 13, Section 9(a)(3), is suspended to permit
109	110		the committee to add text on a matter not in disagreement in
110	111		proposed SECTION 1.024 of the bill, in added Section 48.101,
111	112		Education Code, to read as follows:
112	113		(d) Instead of the allotment under Subsection (b) or (c)(1),
113	114		a school district that has fewer than 300 students in average daily
114	115		attendance and is the only school district located in and operating
115	116		in a county is entitled to an annual allotment for each student in
116	117		average daily attendance based on the following formula:
117	118		AA = ((1,600 - ADA) X .00047) X BA
118	119		Explanation: The addition is necessary to provide an
119	120		allotment for school districts with fewer than 300 students in
120	121		average daily attendance that are the only district located in and
121	122		operating in a county.
122	123		(9) House Rule 13, Section 9(a)(1), is suspended to permit
123	124		the committee to amend text not in disagreement in proposed SECTION
124	125		1.025 of the bill, in transferred, redesignated, and amended
125	126		Section 48.102(h), Education Code, to read as follows:
126	127		(h) At least 55 percent of the funds [Funds] allocated under
127	128		this section[, other than an indirect cost allotment established
128	129		under State Board of Education rule,] must be used in the special
129	130		education program under Subchapter A, Chapter 29.
130	131		Explanation: The change is necessary to require a certain
131	132		percentage of funding provided by the special education allotment
132	133		to be used for a special education program under Subchapter A,
133	134		Chapter 29, Education Code.
134	135		(10) House Rule 13, Section 9(a)(4), is suspended to permit
135	136		the committee to add text on a matter not included in either the
136	137		house or senate version of the bill by adding the following new
137	138		language to proposed SECTION 1.031 of the bill:
138	139		Sec. 48.1101. STUDY ON ALTERNATIVE CAREER READINESS
139	140		MEASURES FOR SMALL AND RURAL DISTRICTS. (a) The agency shall
140	141		conduct a study on alternative career readiness measures for small
141	142		and rural school districts to determine if annual graduates
142	143		demonstrate career readiness under Section 48.110(f)(2)(B).
143	144		(b) Not later than January 1, 2021, the agency shall submit
144	145		to the legislature a report on the results of the study and any
145	146		recommendations for legislative or other action.
146	147		(c) This section expires September 1, 2021.
147	148		Explanation: The addition is necessary to require a study on
148	149		alternative career readiness measures for small and rural school
149	150		districts to determine if annual graduates demonstrate career
150	151		readiness.
151	152		(11) House Rule 13, Section 9(a)(3), is suspended to permit
152	153		the committee to add text on a matter not in disagreement in
153	154		proposed SECTION 1.031 of the bill, in added Section 48.112(g),
154	155		Education Code, to read as follows:
155	156		(g) A district is entitled to receive an increased allotment
156	157		under this section in the amount necessary for reimbursement for
157	158		any fees paid under Section 21.3521.
158	159		Explanation: The addition is necessary to permit a school
159	160		district to receive an allotment in an amount necessary for
160	161		reimbursement for fees paid under Section 21.3521, Education Code.
161	162		(12) House Rule 13, Section 9(a)(3), is suspended to permit
162	163		the committee to add text on a matter not in disagreement in
163	164		proposed SECTION 1.038 of the bill, in transferred, redesignated,
164	165		and amended Section 48.202, Education Code, to read as follows:
165	166		(f-1) Notwithstanding Subsection (f), for the 2019-2020
166	167		school year, the reduction of a school district's tax rate required
167	168		under Subsection (f) applies to the district's total enrichment tax
168	169		rate under Section 45.0032(b) minus eight cents. This subsection
169	170		expires September 1, 2020.
170	171		Explanation: The addition is necessary to determine the
171	172		portion of a school district's enrichment tax rate to which the
172	173		reduction required under Section 48.202(f-1), Education Code,
173	174		applies for the 2019-2020 school year.
174	175		(13) House Rule 13, Section 9(a)(3), is suspended to permit
175	176		the committee to add text on a matter not in disagreement in
176	177		proposed SECTION 1.040 of the bill, in transferred, redesignated
177	178		and amended Section 48.256, Education Code, to read as follows:
178	179		(d) This subsection applies to a school district in which
179	180		the board of trustees entered into a written agreement with a
180	181		property owner under Section 313.027, Tax Code, for the
181	182		implementation of a limitation on appraised value under Subchapter
182	183		B or C, Chapter 313, Tax Code. For purposes of determining "DPV"
183	184		under Subsection (a) for a school district to which this subsection
184	185		applies, the commissioner shall exclude a portion of the market
185	186		value of property not otherwise fully taxable by the district under
186	187		Subchapter B or C, Chapter 313, Tax Code, before the expiration of
187	188		the subchapter. The comptroller shall provide information to the
188	189		agency necessary for this subsection. A revenue protection payment
189	190		required as part of an agreement for a limitation on appraised value
190	191		shall be based on the district's taxable value of property for the
191	192		preceding tax year.
192	193		(e) Subsection (d) does not apply to property that was the
193	194		subject of an application under Subchapter B or C, Chapter 313, Tax
194	195		Code, made after May 1, 2009, that the comptroller recommended
195	196		should be disapproved. [A school district must raise its total
196	197		local share of the Foundation School Program to be eligible to
197	198		receive foundation school fund payments.]
198	199		Explanation: The addition is necessary to determine "DPV"
199	200		for a school district that has entered into an agreement for the
200	201		implementation of a limitation on appraised value under Subchapter
201	202		B or C, Chapter 313, Tax Code.
202	203		(14) House Rule 13, Section 9(a)(1), is suspended to permit
203	204		the committee to amend text not in disagreement in proposed SECTION
204	205		1.041 of the bill, in added Sections 48.257(a) and (b), Education
205	206		Code, to read as follows:
206	207		(a) Subject to Subsection (b), if a school district's tier
207	208		one local share under Section 48.256 exceeds the district's
208	209		entitlement under Section 48.266(a)(1) less the district's
209	210		distribution from the state available school fund, the district
210	211		must reduce the district's tier one revenue level in accordance
211	212		with Chapter 49 to a level not to exceed the district's entitlement
212	213		under Section 48.266(a)(1) less the district's distribution from
213	214		the state available school fund.
214	215		(b) This subsection applies only to a school district to
215	216		which Subsection (a) applies. If a district's maintenance and
216	217		operations tax collections from the tax rate described by Section
217	218		45.0032(a) for the current tax year minus the required reduction in
218	219		a district's tier one revenue level under Subsection (a) results in
219	220		an amount that is less than the amount of the district's entitlement
220	221		under Section 48.266(a)(1) less the district's distribution from
221	222		the state available school fund, the agency shall adjust the amount
222	223		of the reduction required in the district's tier one revenue level
223	224		under Subsection (a) up to the amount of local funds necessary for
224	225		the district's entitlement under Section 48.266(a)(1) less the
225	226		district's distribution from the state available school fund.
226	227		Explanation: The change is necessary to determine the amount
227	228		by which a school district is required to reduce the district's
228	229		local revenue level under Section 48.257(a), Education Code, to a
229	230		level not to exceed the district's entitlement less the district's
230	231		distribution from the state available school fund.
231	232		(15) House Rule 13, Section 9(a)(4), is suspended to permit
232	233		the committee to add text on a matter not included in either the
233	234		house or senate version of the bill by adding the following new
234	235		SECTION to proposed ARTICLE 1 of the bill:
235	236		SECTION 1.046. Subchapter G, Chapter 48, Education Code, as
236	237		added by this Act, is amended by adding Section 48.302 to read as
237	238		follows:
238	239		Sec. 48.302. SUBSIDY FOR HIGH SCHOOL EQUIVALENCY
239	240		EXAMINATION FOR CERTAIN INDIVIDUALS. (a) In this section,
240	241		"commission" means the Texas Workforce Commission.
241	242		(b) The agency shall enter into a memorandum of
242	243		understanding with the commission for the agency to transfer to the
243	244		commission funds specifically appropriated to the agency for the
244	245		commission to provide to an individual who is 21 years of age or
245	246		older a subsidy in an amount equal to the cost of taking one high
246	247		school equivalency examination administered under Section 7.111.
247	248		(c) The commission shall adopt rules to implement the
248	249		subsidy program described by Subsection (b), including rules
249	250		regarding eligibility requirements.
250	251		Explanation: The addition is necessary to provide for a
251	252		subsidy for certain individuals to take a high school equivalency
252	253		examination.
253	254		(16) House Rule 13, Section 9(a)(4), is suspended to permit
254	255		the committee to add text on a matter not included in either the
255	256		house or senate version of the bill by adding proposed SECTION 1.061
256	257		to the bill, amending Section 403.302(d), Government Code, to read
257	258		as follows:
258	259		SECTION 1.061. Section 403.302(d), Government Code, is
259	260		amended to read as follows:
260	261		(d) For the purposes of this section, "taxable value" means
261	262		the market value of all taxable property less:
262	263		(1) the total dollar amount of any residence homestead
263	264		exemptions lawfully granted under Section 11.13(b) or (c), Tax
264	265		Code, in the year that is the subject of the study for each school
265	266		district;
266	267		(2) one-half of the total dollar amount of any
267	268		residence homestead exemptions granted under Section 11.13(n), Tax
268	269		Code, in the year that is the subject of the study for each school
269	270		district;
270	271		(3) the total dollar amount of any exemptions granted
271	272		before May 31, 1993, within a reinvestment zone under agreements
272	273		authorized by Chapter 312, Tax Code;
273	274		(4) subject to Subsection (e), the total dollar amount
274	275		of any captured appraised value of property that:
275	276		(A) is within a reinvestment zone created on or
276	277		before May 31, 1999, or is proposed to be included within the
277	278		boundaries of a reinvestment zone as the boundaries of the zone and
278	279		the proposed portion of tax increment paid into the tax increment
279	280		fund by a school district are described in a written notification
280	281		provided by the municipality or the board of directors of the zone
281	282		to the governing bodies of the other taxing units in the manner
282	283		provided by former Section 311.003(e), Tax Code, before May 31,
283	284		1999, and within the boundaries of the zone as those boundaries
284	285		existed on September 1, 1999, including subsequent improvements to
285	286		the property regardless of when made;
286	287		(B) generates taxes paid into a tax increment
287	288		fund created under Chapter 311, Tax Code, under a reinvestment zone
288	289		financing plan approved under Section 311.011(d), Tax Code, on or
289	290		before September 1, 1999; and
290	291		(C) is eligible for tax increment financing under
291	292		Chapter 311, Tax Code;
292	293		(5) the total dollar amount of any captured appraised
293	294		value of property that:
294	295		(A) is within a reinvestment zone:
295	296		(i) created on or before December 31, 2008,
296	297		by a municipality with a population of less than 18,000; and
297	298		(ii) the project plan for which includes
298	299		the alteration, remodeling, repair, or reconstruction of a
299	300		structure that is included on the National Register of Historic
300	301		Places and requires that a portion of the tax increment of the zone
301	302		be used for the improvement or construction of related facilities
302	303		or for affordable housing;
303	304		(B) generates school district taxes that are paid
304	305		into a tax increment fund created under Chapter 311, Tax Code; and
305	306		(C) is eligible for tax increment financing under
306	307		Chapter 311, Tax Code;
307	308		(6) the total dollar amount of any exemptions granted
308	309		under Section 11.251 or 11.253, Tax Code;
309	310		(7) the difference between the comptroller's estimate
310	311		of the market value and the productivity value of land that
311	312		qualifies for appraisal on the basis of its productive capacity,
312	313		except that the productivity value estimated by the comptroller may
313	314		not exceed the fair market value of the land;
314	315		(8) the portion of the appraised value of residence
315	316		homesteads of individuals who receive a tax limitation under
316	317		Section 11.26, Tax Code, on which school district taxes are not
317	318		imposed in the year that is the subject of the study, calculated as
318	319		if the residence homesteads were appraised at the full value
319	320		required by law;
320	321		(9) a portion of the market value of property not
321	322		otherwise fully taxable by the district at market value because
322	323		of[:
323	324		[(A)] action required by statute or the
324	325		constitution of this state, other than Section 11.311, Tax Code,
325	326		that, if the tax rate adopted by the district is applied to it,
326	327		produces an amount equal to the difference between the tax that the
327	328		district would have imposed on the property if the property were
328	329		fully taxable at market value and the tax that the district is
329	330		actually authorized to impose on the property, if this subsection
330	331		does not otherwise require that portion to be deducted; [or
331	332		[(B) action taken by the district under
332	333		Subchapter B or C, Chapter 313, Tax Code, before the expiration of
333	334		the subchapter;]
334	335		(10) the market value of all tangible personal
335	336		property, other than manufactured homes, owned by a family or
336	337		individual and not held or used for the production of income;
337	338		(11) the appraised value of property the collection of
338	339		delinquent taxes on which is deferred under Section 33.06, Tax
339	340		Code;
340	341		(12) the portion of the appraised value of property
341	342		the collection of delinquent taxes on which is deferred under
342	343		Section 33.065, Tax Code; and
343	344		(13) the amount by which the market value of a
344	345		residence homestead to which Section 23.23, Tax Code, applies
345	346		exceeds the appraised value of that property as calculated under
346	347		that section.
347	348		Explanation: The addition is necessary to remove from the
348	349		definition of "taxable value" a portion of the market value of
349	350		certain property.
350	351		(17) House Rule 13, Section 9(a)(4), is suspended to permit
351	352		the committee to add text on a matter not included in either the
352	353		house or senate version of the bill by adding proposed SECTION
353	354		1A.001 to the bill, amending Section 13.054, Education Code, to
354	355		read as follows:
355	356		SECTION 1A.001. Effective September 1, 2020, Section
356	357		13.054, Education Code, is amended by amending Subsection (f) and
357	358		adding Subsection (f-1) to read as follows:
358	359		(f) For five years beginning with the school year in which
359	360		the annexation occurs, a school district shall receive additional
360	361		funding under this subsection or Subsection (h). The amount of
361	362		funding shall be determined by multiplying the lesser of the
362	363		enlarged district's local fund assignment computed under Section
363	364		48.256 [42.252] or the enlarged district's total cost of tier one by
364	365		a fraction, the numerator of which is the number of students
365	366		residing in the territory annexed to the receiving district
366	367		preceding the date of the annexation and the denominator of which is
367	368		the number of students residing in the district as enlarged on the
368	369		date of the annexation, and multiplying the resulting product by
369	370		the quotient of the enlarged district's maximum compressed tax
370	371		rate, as determined under Section 48.2551, for the current school
371	372		year divided by the receiving district's maximum compressed tax
372	373		rate, as determined under Section 48.2551, for the year in which the
373	374		annexation occurred.
374	375		(f-1) Notwithstanding Subsection (f), for an annexation
375	376		that occurred before September 1, 2019, for five years beginning
376	377		with the school year in which the annexation occurs, a school
377	378		district shall receive additional funding under this subsection or
378	379		Subsection (h). The amount of funding shall be determined by
379	380		multiplying the lesser of the enlarged district's local fund
380	381		assignment computed under Section 48.256 or the enlarged district's
381	382		total cost of tier one by a fraction, the numerator of which is the
382	383		number of students residing in the territory annexed to the
383	384		receiving district preceding the date of the annexation and the
384	385		denominator of which is the number of students residing in the
385	386		district as enlarged on the date of the annexation, and dividing the
386	387		receiving district's maximum compressed tax rate, as determined
387	388		under Section 48.2551. This subsection expires September 1, 2021.
388	389		Explanation: The addition is necessary to determine an
389	390		additional amount of funding to which a district to which territory
390	391		is annexed under Section 13.054, Education Code, is entitled
391	392		beginning September 1, 2020.
392	393		(18) House Rule 13, Section 9(a)(4), is suspended to permit
393	394		the committee to add text on a matter not included in either the
394	395		house or senate version of the bill by adding the following new
395	396		language to SECTION 1A.007 of the bill:
396	397		Sec. 48.2554. STUDY ON DISTRICT PROPERTY TAX COMPRESSION.
397	398		(a) The Legislative Budget Board, in conjunction with other
398	399		appropriate state agencies, shall study possible methods of
399	400		providing property tax relief through the reduction of school
400	401		district maintenance and operations taxes. The study must
401	402		evaluate:
402	403		(1) potential sources of revenue that may be used to
403	404		reduce school district maintenance and operations taxes;
404	405		(2) methods of limiting increases in maintenance and
405	406		operations tax revenue that adjust for enrollment growth,
406	407		inflation, and other relevant factors; and
407	408		(3) for each method of providing property tax relief
408	409		considered:
409	410		(A) any difference in anticipated benefits to
410	411		property taxpayers based on the school district in which the
411	412		taxpayer resides;
412	413		(B) the cost to the state; and
413	414		(C) the anticipated impact on equity in the
414	415		public school finance system.
415	416		(b) Not later than September 1, 2020, the Legislative Budget
416	417		Board shall submit to the governor, the lieutenant governor, and
417	418		the speaker of the house of representatives a report on the results
418	419		of the study and any recommendations for legislative or other
419	420		action.
420	421		(c) This section expires September 1, 2021.
421	422		Explanation: The addition is necessary to require a study on
422	423		methods of providing property tax relief through the reduction of
423	424		school district maintenance and operations taxes.
424	425		(19) House Rule 13, Section 9(a)(4), is suspended to permit
425	426		the committee to add text on a matter not included in either the
426	427		house or senate version of the bill by adding proposed SECTION 2.005
427	428		to the bill, adding Section 21.048(a-2), Education Code, to read as
428	429		follows:
429	430		SECTION 2.005. Section 21.048, Education Code, is amended
430	431		by adding Subsection (a-2) to read as follows:
431	432		(a-2) The board shall adopt rules that provide that in order
432	433		to teach any grade level from prekindergarten through grade six a
433	434		person must demonstrate proficiency in the science of teaching
434	435		reading on a certification examination for each class of
435	436		certificate issued by the board after January 1, 2021.
436	437		Explanation: The addition is necessary to require the State
437	438		Board for Educator Certification to adopt rules requiring certain
438	439		teachers to demonstrate proficiency in the science of teaching
439	440		reading on a certification examination.
440	441		(20) House Rule 13, Section 9(a)(4), is suspended to permit
441	442		the committee to add text on a matter not included in either the
442	443		house or senate version of the bill by adding proposed SECTION 2.008
443	444		to the bill, adding Section 21.3521, Education Code, to read as
444	445		follows:
445	446		SECTION 2.008. Subchapter H, Chapter 21, Education Code, is
446	447		amended by adding Section 21.3521 to read as follows:
447	448		Sec. 21.3521. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM.
448	449		(a) Subject to Subsection (b), a school district or open-enrollment
449	450		charter school may designate a certified classroom teacher as a
450	451		master, exemplary, or recognized teacher for a five-year period
451	452		based on the results from single year or multiyear appraisals that
452	453		comply with Section 21.351 or 21.352.
453	454		(b) The commissioner shall establish performance and
454	455		validity standards for each local optional teacher designation
455	456		system. The performance standards:
456	457		(1) must provide a mathematical possibility that all
457	458		teachers eligible for a designation may earn the designation; and
458	459		(2) may not require a district to use an assessment
459	460		instrument adopted under Section 39.023 to evaluate teacher
460	461		performance.
461	462		(c) Notwithstanding performance standards established
462	463		under Subsection (b), a classroom teacher that holds a National
463	464		Board Certification issued by the National Board for Professional
464	465		Teaching Standards may be designated as recognized.
465	466		(d) The commissioner shall:
466	467		(1) ensure that local optional teacher designation
467	468		systems:
468	469		(A) meet the requirements of this section; and
469	470		(B) prioritize high needs campuses; and
470	471		(2) enter into a memorandum of understanding with
471	472		Texas Tech University to monitor the quality and fairness of local
472	473		optional teacher designation systems.
473	474		(e) The agency shall develop and provide technical
474	475		assistance for school districts and open-enrollment charter
475	476		schools that request assistance in implementing a local optional
476	477		teacher designation system, including assistance in prioritizing
477	478		high needs campuses.
478	479		(f) A teacher has no vested property right in a teacher
479	480		designation assigned to the teacher under this section. A teacher
480	481		designation issued under this section is void in the determination
481	482		that the designation was issued improperly. Subchapters C through
482	483		H, Chapter 2001, Government Code, do not apply to the voiding of a
483	484		teacher designation under this subsection.
484	485		(g) The agency shall periodically conduct evaluations of
485	486		the effectiveness of the local optional teacher designation systems
486	487		under this section and the teacher incentive allotment under
487	488		Section 48.112 and report the results of the evaluations to the
488	489		legislature. A school district or open-enrollment charter school
489	490		that has implemented a local optional teacher designation system or
490	491		received funds under the teacher incentive allotment shall
491	492		participate in the evaluations.
492	493		(h) The agency shall collect information necessary to
493	494		implement this section. Information otherwise confidential remains
494	495		confidential and is not subject to Chapter 552, Government Code.
495	496		(i) The commissioner may adopt fees to implement this
496	497		section. A fee adopted by the agency under this section is not
497	498		subject to Sections 2001.0045 and 2001.0221, Government Code.
498	499		(j) The commissioner may adopt rules to implement this
499	500		section. A decision made by the commissioner under this section is
500	501		final and may not be appealed.
501	502		Explanation: The addition is necessary to permit school
502	503		districts and open-enrollment charter schools to develop local
503	504		optional teacher designation systems.
504	505		(21) House Rule 13, Section 9(a)(1), is suspended to permit
505	506		the committee to amend text not in disagreement in proposed SECTION
506	507		2.011 of the bill, adding Section 25.085(i), Education Code, to
507	508		read as follows:
508	509		SECTION 2.011. Effective September 1, 2020, Section 25.085,
509	510		Education Code, is amended by adding Subsection (i) to read as
510	511		follows:
511	512		Explanation: The change is necessary to delay the
512	513		implementation of Section 25.085(i), Education Code.
513	514		(22) House Rule 13, Section 9(a)(4), is suspended to permit
514	515		the committee to add text on a matter not included in either the
515	516		house or senate version of the bill by adding the following new
516	517		SECTION to proposed ARTICLE 2 of the bill:
517	518		SECTION 2.013. Subchapter A, Chapter 28, Education Code, is
518	519		amended by adding Section 28.0062 to read as follows:
519	520		Sec. 28.0062. READING STANDARDS FOR KINDERGARTEN THROUGH
520	521		THIRD GRADE. (a) Each school district and open-enrollment charter
521	522		school shall:
522	523		(1) provide for the use of a phonics curriculum that
523	524		uses systematic direct instruction in kindergarten through third
524	525		grade to ensure all students obtain necessary early literacy
525	526		skills;
526	527		(2) ensure that:
527	528		(A) not later than the 2021-2022 school year,
528	529		each classroom teacher in kindergarten or first, second, or third
529	530		grade and each principal at a campus with kindergarten or first,
530	531		second, or third grade has attended a teacher literacy achievement
531	532		academy developed under Section 21.4552; and
532	533		(B) each classroom teacher and each principal
533	534		initially employed in a grade level or at a campus described by
534	535		Paragraph (A) for the 2021-2022 school year or a subsequent school
535	536		year has attended a teacher literacy achievement academy developed
536	537		under Section 21.4552 before the teacher's or principal's first
537	538		year of placement in that grade level or campus; and
538	539		(3) certify to the agency that the district or school:
539	540		(A) prioritizes placement of highly effective
540	541		teachers in kindergarten through second grade; and
541	542		(B) has integrated reading instruments used to
542	543		diagnose reading development and comprehension to support each
543	544		student in prekindergarten through third grade.
544	545		(b) The agency shall provide assistance to school districts
545	546		and open-enrollment charter schools in complying with the
546	547		requirements under this section.
547	548		(c) The agency shall:
548	549		(1) monitor the implementation of this section; and
549	550		(2) periodically report to the legislature on the
550	551		implementation of this section and the effectiveness of this
551	552		section in improving educational outcomes.
552	553		(d) The commissioner shall establish an advisory board to
553	554		assist the agency in fulfilling the agency's duties under this
554	555		section. Chapter 2110, Government Code, does not apply to the
555	556		advisory board.
556	557		(e) The commissioner may adopt rules to implement this
557	558		section.
558	559		Explanation: The addition is necessary to provide reading
559	560		standards for kindergarten through third grade.
560	561		(23) House Rule 13, Section 9(a)(4), is suspended to permit
561	562		the committee to add text on a matter not included in either the
562	563		house or senate version of the bill in proposed SECTION 4.001 of the
563	564		bill by repealing Section 403.302(m), Government Code.
564	565		Explanation: The addition is necessary to repeal Section
565	566		403.302(m), Government Code, which is no longer necessary with the
566	567		addition of Section 48.256(e), Education Code.
567	568		(24) House Rule 13, Section 9(a)(3), is suspended to permit
568	569		the committee to add text on a matter not in disagreement in
569	570		proposed SECTION 5.002 of the bill, in the transition language, to
570	571		read as follows:
571	572		SECTION 5.002. Except as otherwise provided by this Act,
572	573		Section 26.08, Tax Code, as amended by this Act, applies beginning
573	574		with the 2019 tax year. A school district is required to calculate
574	575		the district's rollback tax rate for the 2019 tax year in the manner
575	576		provided by Section 26.08, Tax Code, as amended by this Act,
576	577		regardless of whether the district has already calculated that rate
577	578		or adopted a tax rate for the 2019 tax year before September 1,
578	579		2019.
579	580		Explanation: The addition is necessary to ensure a school
580	581		district calculates the district's rollback tax rate for the 2019
581	582		tax year in accordance with Section 26.08, Tax Code, as amended by
582	583		this bill.
583		-	Huberty
584		-	______________________________
585		-	Speaker of the House
586		-	I certify that H.R. No. 2186 was adopted by the House on May
587		-	25, 2019, by the following vote: Yeas 139, Nays 0, 1 present, not
588		-	voting.
589		-	______________________________
590		-	Chief Clerk of the House