Texas 2019 - 86th Regular

Texas Senate Bill SB136 Compare Versions

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1	1	86R1547 MEW-F
2	2	By: Rodríguez S.B. No. 136
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the public school finance system.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 29.918(a) and (b), Education Code, are
10	10	amended to read as follows:
11	11	(a) Notwithstanding Section [39.234 or] 42.152, a school
12	12	district or open-enrollment charter school with a high dropout
13	13	rate, as determined by the commissioner, must submit a plan to the
14	14	commissioner describing the manner in which the district or charter
15	15	school intends to use the compensatory education allotment under
16	16	Section 42.152 [and the high school allotment under Section 42.160]
17	17	for developing and implementing research-based strategies for
18	18	dropout prevention. The district or charter school shall submit
19	19	the plan not later than December 1 of each school year preceding the
20	20	school year in which the district or charter school will receive the
21	21	compensatory education allotment [or high school allotment] to
22	22	which the plan applies.
23	23	(b) A school district or open-enrollment charter school to
24	24	which this section applies may not spend or obligate more than 25
25	25	percent of the district's or charter school's compensatory
26	26	education allotment [or high school allotment] unless the
27	27	commissioner approves the plan submitted under Subsection (a). The
28	28	commissioner shall complete an initial review of the district's or
29	29	charter school's plan not later than March 1 of the school year
30	30	preceding the school year in which the district or charter school
31	31	will receive the compensatory education allotment [or high school
32	32	allotment] to which the plan applies.
33	33	SECTION 2. Section 39.0233(a), Education Code, is amended
34	34	to read as follows:
35	35	(a) The agency, in coordination with the Texas Higher
36	36	Education Coordinating Board, shall adopt a series of questions to
37	37	be included in an end-of-course assessment instrument administered
38	38	under Section 39.023(c) to be used for purposes of Subchapter F-1,
39	39	Chapter 51. The questions adopted under this subsection must be
40	40	developed in a manner consistent with any college readiness
41	41	standards adopted under [Section 39.233 and] Subchapter F-1,
42	42	Chapter 51.
43	43	SECTION 3. Section 41.002(a), Education Code, is amended to
44	44	read as follows:
45	45	(a) A school district may not have a wealth per student that
46	46	exceeds:
47	47	(1) the wealth per student that generates the amount
48	48	of maintenance and operations tax revenue per weighted student
49	49	available to a district with maintenance and operations tax revenue
50	50	per cent of tax effort equal to the maximum amount provided per cent
51	51	under Section 42.101(a) or (b), for the district's maintenance and
52	52	operations tax effort equal to or less than the rate equal to the
53	53	sum of the product of the state compression percentage, as
54	54	determined under Section 42.2516, multiplied by the maintenance and
55	55	operations tax rate adopted by the district for the 2005 tax year
56	56	and any additional tax effort included in calculating the
57	57	district's compressed tax rate under Section 42.101(a-1);
58	58	(2) the greater of the wealth per student that
59	59	generates the amount of maintenance and operations tax revenue per
60	60	weighted student available to the Austin Independent School
61	61	District or a district at the 95th percentile in wealth per student,
62	62	as determined by the commissioner in cooperation with the
63	63	Legislative Budget Board, for the first six cents by which the
64	64	district's maintenance and operations tax rate exceeds the rate
65	65	equal to the sum of the product of the state compression percentage,
66	66	as determined under Section 42.2516, multiplied by the maintenance
67	67	and operations tax rate adopted by the district for the 2005 tax
68	68	year and any additional tax effort included in calculating the
69	69	district's compressed tax rate under Section 42.101(a-1), subject
70	70	to Section 41.093(b-1); or
71	71	(3) the wealth per student specified under Subdivision
72	72	(1) [$319,500], for the district's maintenance and operations tax
73	73	effort that exceeds the amount of tax effort described by
74	74	Subdivision (2).
75	75	SECTION 4. Effective September 1, 2020, Section 41.002(a),
76	76	Education Code, is amended to read as follows:
77	77	(a) A school district may not have a wealth per student that
78	78	exceeds:
79	79	(1) the wealth per student that generates the amount
80	80	of maintenance and operations tax revenue per weighted student
81	81	available to a district with maintenance and operations tax revenue
82	82	per cent of tax effort equal to the maximum amount provided per cent
83	83	under Section 42.101(a), (a-3), or (b), for the district's
84	84	maintenance and operations tax effort equal to or less than the rate
85	85	equal to the sum of the product of the state compression percentage,
86	86	as determined under Section 42.2516, multiplied by the maintenance
87	87	and operations tax rate adopted by the district for the 2005 tax
88	88	year and any additional tax effort included in calculating the
89	89	district's compressed tax rate under Section 42.101(a-1);
90	90	(2) the greater of the wealth per student that
91	91	generates the amount of maintenance and operations tax revenue per
92	92	weighted student available to the Austin Independent School
93	93	District or a district at the 95th percentile in wealth per student,
94	94	as determined by the commissioner in cooperation with the
95	95	Legislative Budget Board, for the first six cents by which the
96	96	district's maintenance and operations tax rate exceeds the rate
97	97	equal to the sum of the product of the state compression percentage,
98	98	as determined under Section 42.2516, multiplied by the maintenance
99	99	and operations tax rate adopted by the district for the 2005 tax
100	100	year and any additional tax effort included in calculating the
101	101	district's compressed tax rate under Section 42.101(a-1), subject
102	102	to Section 41.093(b-1); or
103	103	(3) the wealth per student specified under Subdivision
104	104	(1) [$319,500], for the district's maintenance and operations tax
105	105	effort that exceeds the amount of tax effort described by
106	106	Subdivision (2).
107	107	SECTION 5. Section 41.093(b-1), Education Code, is amended
108	108	to read as follows:
109	109	(b-1) If the guaranteed level of state and local funds per
110	110	weighted student per cent of tax effort under Section
111	111	42.302(a-1)(1) for which state funds are appropriated for a school
112	112	year is an amount at least equal to the greater of the amount of
113	113	revenue per weighted student per cent of tax effort available to the
114	114	Austin Independent School District or the amount available to a
115	115	district at the 95th percentile in wealth per student, as
116	116	determined by the commissioner in cooperation with the Legislative
117	117	Budget Board, the commissioner, in computing the amounts described
118	118	by Subsections (a)(1) and (2) and determining the cost of an
119	119	attendance credit, shall exclude maintenance and operations tax
120	120	revenue resulting from the tax rate described by Section
121	121	41.002(a)(2).
122	122	SECTION 6. Section 41.099(a), Education Code, is amended to
123	123	read as follows:
124	124	(a) Section [Sections 41.002(e),] 41.094 applies [, 41.097,
125	125	and 41.098 apply] only to a district that:
126	126	(1) executes an agreement to purchase all attendance
127	127	credits necessary to reduce the district's wealth per student to
128	128	the equalized wealth level;
129	129	(2) executes an agreement to purchase attendance
130	130	credits and an agreement under Subchapter E to contract for the
131	131	education of nonresident students who transfer to and are educated
132	132	in the district but who are not charged tuition; or
133	133	(3) executes an agreement under Subchapter E to
134	134	contract for the education of nonresident students:
135	135	(A) to an extent that does not provide more than
136	136	10 percent of the reduction in wealth per student required for the
137	137	district to achieve a wealth per student that is equal to or less
138	138	than the equalized wealth level; and
139	139	(B) under which all revenue paid by the district
140	140	to other districts, in excess of the reduction in state aid that
141	141	results from counting the weighted average daily attendance of the
142	142	students served in the contracting district, is required to be used
143	143	for funding a consortium of at least three districts in a county
144	144	with a population of less than 40,000 that is formed to support a
145	145	technology initiative.
146	146	SECTION 7. Subchapter A, Chapter 42, Education Code, is
147	147	amended by adding Sections 42.010 and 42.011 to read as follows:
148	148	Sec. 42.010. COMPREHENSIVE REVIEW OF PUBLIC SCHOOL FINANCE
149	149	WEIGHTS, ALLOTMENTS, AND ADJUSTMENTS. (a) The agency shall
150	150	conduct a comprehensive review of weights, allotments, and
151	151	adjustments under the public school finance system, including all
152	152	current weights, allotments, and adjustments provided under this
153	153	chapter and any additional weights, allotments, and adjustments
154	154	that the agency determines may be appropriate. The review must
155	155	determine the effectiveness of existing weights, allotments, and
156	156	adjustments in fulfilling the mission of the public education
157	157	system stated in Section 4.001(a) and furthering the state policy
158	158	stated in Section 42.001. At a minimum, the review must determine
159	159	how closely and appropriately each of the following elements
160	160	reflects and provides financing for costs beyond the control of
161	161	school districts:
162	162	(1) adjustments for costs related to the geographic
163	163	variation in known resource costs and costs of education,
164	164	controlling for the impact of unequalized wealth and hold-harmless
165	165	provisions, and properly reflecting the impact of high
166	166	concentrations of poverty on the compensation that school districts
167	167	must pay to attract and retain teachers of comparable or
168	168	appropriate quality;
169	169	(2) adjustments for costs related to the size and
170	170	diseconomies of scale of school districts;
171	171	(3) adjustments for costs related to the varying
172	172	instructional needs and characteristics of students and the extent
173	173	to which the adjustments provide each student with access to
174	174	programs and services that are appropriate to the student's
175	175	educational needs;
176	176	(4) other factors, in addition to economic status,
177	177	that correlate to student at-risk status and the need for
178	178	compensatory education, and the degree to which those factors
179	179	correspond to additional educational costs; and
180	180	(5) the manner in which the cost adjustments are
181	181	applied to and affect the overall school finance system.
182	182	(b) The review of the adjustments described in Subsection
183	183	(a)(1) must:
184	184	(1) address all uncontrollable costs that can
185	185	reasonably be quantified;
186	186	(2) consider the qualifications, experience, and
187	187	turnover rate of personnel and the impact of those factors on
188	188	student achievement in considering the adequacy and comparability
189	189	of salaries;
190	190	(3) properly address the impact of factors that have a
191	191	large impact on certain types of school districts, such as extreme
192	192	isolation, regardless of general state impact;
193	193	(4) include only factors for which a rational economic
194	194	argument can be made;
195	195	(5) be carefully constructed to make sure that a cost
196	196	factor does not significantly affect more than one variable; and
197	197	(6) not be artificially adjusted to meet predetermined
198	198	outcomes and must not use arbitrary limits.
199	199	(c) In determining whether any additional weights,
200	200	allotments, and adjustments are appropriate under the public school
201	201	finance system, as required by Subsection (a), the agency shall
202	202	include consideration of an additional weight for educational
203	203	services provided to students in prekindergarten on a half-day
204	204	basis and on a full-day basis.
205	205	(d) The agency may contract with one or more consultants if
206	206	necessary to enable the agency to perform its duties under this
207	207	section.
208	208	(e) The Legislative Budget Board, the comptroller, the
209	209	state auditor, and any other state agency, official, or personnel
210	210	shall cooperate with the agency in carrying out its duties under
211	211	this section.
212	212	(f) Not later than December 1, 2020, the agency shall
213	213	provide a report that:
214	214	(1) states the findings of the review conducted under
215	215	this section; and
216	216	(2) includes recommendations for updated weights,
217	217	allotments, and adjustments and any other statutory changes
218	218	considered appropriate by the agency.
219	219	(g) This section expires January 1, 2021.
220	220	Sec. 42.011. STUDY OF LEGISLATION ON SCHOOL FUNDING. (a)
221	221	After each legislative session, the commissioner shall conduct a
222	222	study assessing the manner in which any statute enacted or amended
223	223	during that legislative session affects the equalized wealth level
224	224	of a school district under Chapter 41 or the foundation school
225	225	program under this chapter and whether the standard of neutrality
226	226	described under Section 42.001(b) is maintained.
227	227	(b) The study under this section must:
228	228	(1) include an analysis of the effects of legislation
229	229	on each school district in the state; and
230	230	(2) indicate how a school district compares to other
231	231	districts with respect to:
232	232	(A) property wealth per weighted student;
233	233	(B) revenue per weighted student;
234	234	(C) tax effort; and
235	235	(D) revenue per cent of tax effort.
236	236	(c) The commissioner shall issue a report on the study's
237	237	findings to the governor, the lieutenant governor, the speaker of
238	238	the house of representatives, and the legislature. The
239	239	commissioner shall make the report available to the public on the
240	240	agency's Internet website.
241	241	SECTION 8. Section 42.101(a), Education Code, is amended to
242	242	read as follows:
243	243	(a) For each student in average daily attendance, not
244	244	including the time students spend each day in special education
245	245	programs in an instructional arrangement other than mainstream or
246	246	career and technology education programs, for which an additional
247	247	allotment is made under Subchapter C, a district is entitled to an
248	248	allotment equal to the lesser of $5,440 [$4,765] or the amount that
249	249	results from the following formula:
250	250	A = $5,440 [$4,765] X (DCR/MCR)
251	251	where:
252	252	"A" is the allotment to which a district is entitled;
253	253	"DCR" is the district's compressed tax rate, which is the
254	254	product of the state compression percentage, as determined under
255	255	Section 42.2516, multiplied by the maintenance and operations tax
256	256	rate adopted by the district for the 2005 tax year; and
257	257	"MCR" is the state maximum compressed tax rate, which is the
258	258	product of the state compression percentage, as determined under
259	259	Section 42.2516, multiplied by $1.50.
260	260	SECTION 9. Effective September 1, 2020, Section 42.101,
261	261	Education Code, is amended by amending Subsection (a) and adding
262	262	Subsection (a-3) to read as follows:
263	263	(a) Subject to adjustment under Subsection (a-3), for [For]
264	264	each student in average daily attendance, not including the time
265	265	students spend each day in special education programs in an
266	266	instructional arrangement other than mainstream or career and
267	267	technology education programs, for which an additional allotment is
268	268	made under Subchapter C, a district is entitled to an allotment
269	269	equal to the lesser of $5,840 [$4,765] or the amount that results
270	270	from the following formula:
271	271	A = $5,840 [$4,765] X (DCR/MCR)
272	272	where:
273	273	"A" is the allotment to which a district is entitled;
274	274	"DCR" is the district's compressed tax rate, which is the
275	275	product of the state compression percentage, as determined under
276	276	Section 42.2516, multiplied by the maintenance and operations tax
277	277	rate adopted by the district for the 2005 tax year; and
278	278	"MCR" is the state maximum compressed tax rate, which is the
279	279	product of the state compression percentage, as determined under
280	280	Section 42.2516, multiplied by $1.50.
281	281	(a-3) Beginning with the 2021-2022 school year, the basic
282	282	allotment provided to a district under Subsection (a) or (b) is
283	283	adjusted annually to increase the allotment by the greater of:
284	284	(1) one percent of the amount of the allotment for the
285	285	preceding school year; or
286	286	(2) the amount that results from applying the
287	287	inflation rate, as determined by the comptroller on the basis of
288	288	changes in the Consumer Price Index for All Urban Consumers
289	289	published by the Bureau of Labor Statistics of the United States
290	290	Department of Labor, to the allotment for the preceding school
291	291	year.
292	292	SECTION 10. Sections 42.152(a) and (c), Education Code, are
293	293	amended to read as follows:
294	294	(a) For each student who is educationally disadvantaged or
295	295	who is a student who does not have a disability and resides in a
296	296	residential placement facility in a district in which the student's
297	297	parent or legal guardian does not reside, a district is entitled to
298	298	an annual allotment equal to the adjusted basic allotment
299	299	multiplied by 0.25 [0.2], and by 2.41 for each full-time equivalent
300	300	student who is in a compensatory, intensive, or accelerated
301	301	[remedial and support] program under Section 29.081 because the
302	302	student is pregnant.
303	303	(c) Funds allocated under this section shall be used to fund
304	304	supplemental programs and services designed to eliminate any
305	305	disparity in performance on assessment instruments administered
306	306	under Subchapter B, Chapter 39, or disparity in the rates of high
307	307	school completion between students at risk of dropping out of
308	308	school, as defined by Section 29.081, and all other students.
309	309	Specifically, the funds, other than an indirect cost allotment
310	310	established under State Board of Education rule, which may not
311	311	exceed 25 [45] percent, may be used to meet the costs of providing a
312	312	compensatory, intensive, or accelerated instruction program under
313	313	Section 29.081 or a disciplinary alternative education program
314	314	established under Section 37.008, to pay the costs associated with
315	315	placing students in a juvenile justice alternative education
316	316	program established under Section 37.011, or to support a program
317	317	eligible under Title I of the Elementary and Secondary Education
318	318	Act of 1965, as provided by Pub. L. No. 103-382 and its subsequent
319	319	amendments, and by federal regulations implementing that Act, at a
320	320	campus at which at least 40 percent of the students are
321	321	educationally disadvantaged. In meeting the costs of providing a
322	322	compensatory, intensive, or accelerated instruction program under
323	323	Section 29.081, a district's compensatory education allotment
324	324	shall be used for costs supplementary to the regular education
325	325	program, such as costs for program and student evaluation,
326	326	instructional materials and equipment and other supplies required
327	327	for quality instruction, supplemental staff expenses, salary for
328	328	teachers of at-risk students, smaller class size, and
329	329	individualized instruction. A home-rule school district or an
330	330	open-enrollment charter school must use funds allocated under
331	331	Subsection (a) for a purpose authorized in this subsection but is
332	332	not otherwise subject to Subchapter C, Chapter 29. For purposes of
333	333	this subsection, a program specifically designed to serve students
334	334	at risk of dropping out of school, as defined by Section 29.081, is
335	335	considered to be a program supplemental to the regular education
336	336	program, and a district may use its compensatory education
337	337	allotment for such a program.
338	338	SECTION 11. Sections 42.153(a) and (b), Education Code, are
339	339	amended to read as follows:
340	340	(a) For each student in average daily attendance in a
341	341	bilingual education or special language program under Subchapter B,
342	342	Chapter 29, a district is entitled to an annual allotment equal to
343	343	the adjusted basic allotment multiplied by 0.25 [0.1].
344	344	(b) Funds allocated under this section, other than an
345	345	indirect cost allotment established under State Board of Education
346	346	rule, which may not exceed 25 percent, must be used in providing
347	347	bilingual education or special language programs under Subchapter
348	348	B, Chapter 29, and must be accounted for under existing agency
349	349	reporting and auditing procedures.
350	350	SECTION 12. Section 42.251(b), Education Code, is amended
351	351	to read as follows:
352	352	(b) The program shall be financed by:
353	353	(1) ad valorem tax revenue generated by an equalized
354	354	uniform school district effort;
355	355	(2) ad valorem tax revenue generated by local school
356	356	district effort in excess of the equalized uniform school district
357	357	effort; and
358	358	(3) [state available school funds distributed in
359	359	accordance with law; and
360	360	[(4)] state funds appropriated for the purposes of
361	361	public school education and allocated to each district in an amount
362	362	sufficient to finance the cost of each district's Foundation School
363	363	Program not covered by other funds specified in this subsection.
364	364	SECTION 13. Sections 42.253(a) and (c), Education Code, are
365	365	amended to read as follows:
366	366	(a) For each school year the commissioner shall determine:
367	367	(1) the amount of money to which a school district is
368	368	entitled under Subchapters B and C;
369	369	(2) the amount of money to which a school district is
370	370	entitled under Subchapter F;
371	371	(3) [the amount of money allocated to the district
372	372	from the available school fund;
373	373	[(4)] the amount of each district's tier one local
374	374	share under Section 42.252; and
375	375	(4) [(5)] the amount of each district's tier two local
376	376	share under Section 42.302.
377	377	(c) Each school district is entitled to an amount equal to
378	378	the difference for that district between the sum of Subsections
379	379	(a)(1) and (a)(2) and the sum of Subsections (a)(3) and [,] (a)(4)[,
380	380	and (a)(5)].
381	381	SECTION 14. Sections 42.302(a) and (a-1), Education Code,
382	382	are amended to read as follows:
383	383	(a) Each school district is guaranteed a specified amount
384	384	per weighted student in state and local funds for each cent of tax
385	385	effort over that required for the district's local fund assignment
386	386	up to the maximum level specified in this subchapter. The amount
387	387	of state support, subject only to the maximum amount under Section
388	388	42.303, is determined by the formula:
389	389	GYA = (GL X WADA X DTR X 100) - LR
390	390	where:
391	391	"GYA" is the guaranteed yield amount of state funds to be
392	392	allocated to the district;
393	393	"GL" is the dollar amount guaranteed level of state and local
394	394	funds per weighted student per cent of tax effort, which is an
395	395	amount described by Subsection (a-1) or a greater amount for any
396	396	year provided by appropriation;
397	397	"WADA" is the number of students in weighted average daily
398	398	attendance, which is calculated by dividing the sum of the school
399	399	district's allotments under Subchapters B and C, less any allotment
400	400	to the district for transportation, any allotment under Section
401	401	42.158 [or 42.160], and 50 percent of the adjustment under Section
402	402	42.102, by the basic allotment for the applicable year;
403	403	"DTR" is the district enrichment tax rate of the school
404	404	district, which is determined by subtracting the amounts specified
405	405	by Subsection (b) from the total amount of maintenance and
406	406	operations taxes collected by the school district for the
407	407	applicable school year and dividing the difference by the quotient
408	408	of the district's taxable value of property as determined under
409	409	Subchapter M, Chapter 403, Government Code, or, if applicable,
410	410	under Section 42.2521, divided by 100; and
411	411	"LR" is the local revenue, which is determined by multiplying
412	412	"DTR" by the quotient of the district's taxable value of property as
413	413	determined under Subchapter M, Chapter 403, Government Code, or, if
414	414	applicable, under Section 42.2521, divided by 100.
415	415	(a-1) For purposes of Subsection (a), the dollar amount
416	416	guaranteed level of state and local funds per weighted student per
417	417	cent of tax effort ("GL") for a school district is:
418	418	(1) the greater of the amount of district tax revenue
419	419	per weighted student per cent of tax effort that would be available
420	420	to the Austin Independent School District or the amount that would
421	421	be available to a district at the 95th percentile in wealth per
422	422	student, as determined by the commissioner in cooperation with the
423	423	Legislative Budget Board, if the reduction of the limitation on tax
424	424	increases as provided by Section 11.26(a-1), (a-2), or (a-3), Tax
425	425	Code, did not apply, [or the amount of district tax revenue per
426	426	weighted student per cent of tax effort used for purposes of this
427	427	subdivision in the preceding school year,] for the first six cents
428	428	by which the district's maintenance and operations tax rate exceeds
429	429	the rate equal to the sum of the product of the state compression
430	430	percentage, as determined under Section 42.2516, multiplied by the
431	431	maintenance and operations tax rate adopted by the district for the
432	432	2005 tax year and any additional tax effort included in calculating
433	433	the district's compressed tax rate under Section 42.101(a-1); and
434	434	(2) the amount of district tax revenue per weighted
435	435	student per cent of tax effort available to a district with
436	436	maintenance and operations tax revenue per cent of tax effort equal
437	437	to the maximum amount provided per cent under Section 42.101(a) or
438	438	(b) [$31.95], for the district's maintenance and operations tax
439	439	effort that exceeds the amount of tax effort described by
440	440	Subdivision (1).
441	441	SECTION 15. Effective September 1, 2020, Section
442	442	42.302(a-1), Education Code, is amended to read as follows:
443	443	(a-1) For purposes of Subsection (a), the dollar amount
444	444	guaranteed level of state and local funds per weighted student per
445	445	cent of tax effort ("GL") for a school district is:
446	446	(1) the greater of the amount of district tax revenue
447	447	per weighted student per cent of tax effort that would be available
448	448	to the Austin Independent School District or the amount that would
449	449	be available to a district at the 95th percentile in wealth per
450	450	student, as determined by the commissioner in cooperation with the
451	451	Legislative Budget Board, if the reduction of the limitation on tax
452	452	increases as provided by Section 11.26(a-1), (a-2), or (a-3), Tax
453	453	Code, did not apply, [or the amount of district tax revenue per
454	454	weighted student per cent of tax effort used for purposes of this
455	455	subdivision in the preceding school year,] for the first six cents
456	456	by which the district's maintenance and operations tax rate exceeds
457	457	the rate equal to the sum of the product of the state compression
458	458	percentage, as determined under Section 42.2516, multiplied by the
459	459	maintenance and operations tax rate adopted by the district for the
460	460	2005 tax year and any additional tax effort included in calculating
461	461	the district's compressed tax rate under Section 42.101(a-1); and
462	462	(2) the amount of district tax revenue per weighted
463	463	student per cent of tax effort available to a district with
464	464	maintenance and operations tax revenue per cent of tax effort equal
465	465	to the maximum amount provided per cent under Section 42.101(a),
466	466	(a-3), or (b) [$31.95], for the district's maintenance and
467	467	operations tax effort that exceeds the amount of tax effort
468	468	described by Subdivision (1).
469	469	SECTION 16. Section 43.001, Education Code, is amended by
470	470	amending Subsection (c) and adding Subsection (c-1) to read as
471	471	follows:
472	472	(c) The term "scholastic population" in Subsection (b) or
473	473	any other law governing the apportionment, distribution, and
474	474	transfer of the available school fund means all students of school
475	475	age enrolled in weighted average daily attendance the preceding
476	476	school year in the public elementary and high school grades of
477	477	school districts within or under the jurisdiction of a county of
478	478	this state.
479	479	(c-1) The amount provided to a school district as a result
480	480	of the annual apportionment of the available school fund in
481	481	accordance with Subsection (b) is in addition to amounts to which
482	482	the district is entitled under Chapter 42.
483	483	SECTION 17. Section 45.259(d), Education Code, is amended
484	484	to read as follows:
485	485	(d) If money appropriated for the Foundation School Program
486	486	is used for purposes of this subchapter and as a result there is
487	487	insufficient money to fully fund the Foundation School Program, the
488	488	commissioner shall, to the extent necessary, reduce each school
489	489	district's foundation school fund allocations[, other than any
490	490	portion appropriated from the available school fund,] in the same
491	491	manner provided by Section 42.253(h) for a case in which school
492	492	district entitlements exceed the amount appropriated. The
493	493	following fiscal year, a district's entitlement under Section
494	494	42.253 is increased by an amount equal to the reduction under this
495	495	subsection.
496	496	SECTION 18. The following provisions of the Education Code
497	497	are repealed:
498	498	(1) Section 29.097(g);
499	499	(2) Section 29.098(e);
500	500	(3) Subchapter G, Chapter 29;
501	501	(4) Section 39.233;
502	502	(5) Section 39.234;
503	503	(6) Sections 41.002(e), (f), and (g);
504	504	(7) Section 41.097;
505	505	(8) Section 41.098;
506	506	(9) Section 42.157;
507	507	(10) Section 42.160; and
508	508	(11) Section 42.4101.
509	509	SECTION 19. Except as otherwise provided by this Act, this
510	510	Act takes effect September 1, 2019.