Texas 2019 - 86th Regular

Texas Senate Bill SR851 Compare Versions

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Old	New		Differences
1	1		By: Taylor S.R. No. 851
2	2
3	3
4	4		SENATE RESOLUTION
5	5		BE IT RESOLVED by the Senate of the State of Texas, 86th
6	6		Legislature, Regular Session, 2019, That Senate Rule 12.03 be
7	7		suspended in part as provided by Senate Rule 12.08 to enable the
8	8		conference committee appointed to resolve the differences on
9	9		House Bill 3 (public school finance and public education;
10	10		creating a criminal offense; authorizing the imposition of a fee)
11	11		to consider and take action on the following matters:
12	12		(1) Senate Rule 12.03(1), is suspended to permit the
13	13		committee to amend text not in disagreement in proposed SECTION
14	14		1.004 of the bill, amending Section 325.084, Education Code, to
15	15		read as follows:
16	16		SECTION 1.004. (a) Effective September 1, 2019, Section
17	17		25.084(b), Education Code, is amended to read as follows:
18	18		(b) The operation of schools year-round by a district
19	19		does not affect the amount of state funds to which the district is
20	20		entitled under Chapter 48 [42].
21	21		(b) Effective September 1, 2020, Section 25.084,
22	22		Education Code, is amended by amending Subsection (b) and adding
23	23		Subsection (c) to read as follows:
24	24		Explanation: The change is necessary to delay the
25	25		implementation of certain provisions of Section 25.084,
26	26		Education Code.
27	27		(2) Senate Rule 12.03(3), is suspended to permit the
28	28		committee to add text on a matter not in disagreement in proposed
29	29		SECTION 1.009 of the bill, in added Section 45.0032(e), Education
30	30		Code, to read as follows:
31	31		(e) For the 2019 tax year, Section 48.202(f) applies to a
32	32		district's maintenance and operations tax rate after adjusting
33	33		the district's rate in accordance with this section. This
34	34		subsection expires September 1, 2020.
35	35		Explanation: The addition is necessary to determine the
36	36		application of Section 48.202(f), Education Code, to a school
37	37		district's maintenance and operations tax rate for the 2019 tax
38	38		year.
39	39		(3) Senate Rule 12.03(1), is suspended to permit the
40	40		committee to amend text not in disagreement in proposed SECTION
41	41		1.014 of the bill, adding Section 48.0051, Education Code, to
42	42		read as follows:
43	43		SECTION 1.014. Effective September 1, 2020, Subchapter
44	44		A, Chapter 48, Education Code, as added by this Act, is amended by
45	45		adding Section 48.0051 to read as follows:
46	46		Explanation: The change is necessary to delay the
47	47		implementation of Section 48.0051, Education Code.
48	48		(4) Senate Rule 12.03(3), is suspended to permit the
49	49		committee to add text on a matter not in disagreement in SECTION
50	50		1.014 of the bill, in added Section 48.0051, Education Code, to
51	51		read as follows:
52	52		(f) A school district or open-enrollment charter school
53	53		may use funding attributable to the incentive provided under this
54	54		section to pay costs associated with providing academic
55	55		instruction in a voluntary summer program for students enrolled
56	56		in the district or school.
57	57		Explanation: The addition is necessary to allow school
58	58		districts and open-enrollment charter schools to use certain
59	59		funding to pay costs associated with certain summer programs.
60	60		(5) Senate Rule 12.03(1), is suspended to permit the
61	61		committee to amend text not in disagreement in proposed SECTION
62	62		1.015 of the bill, in transferred, redesignated, and amended
63	63		Sections 48.006(a) and (c), Education Code, to read as follows:
64	64		(a) The [From funds specifically appropriated for the
65	65		purpose or other funds available to the commissioner for that
66	66		purpose, the] commissioner may [shall] adjust the average daily
67	67		attendance of a school district all or part of which is located in
68	68		an area declared a disaster area by the governor under Chapter
69	69		418, Government Code, if the district experiences a decline in
70	70		average daily attendance that is reasonably attributable to the
71	71		impact of the disaster.
72	72		(c) The commissioner may [shall] make the adjustment
73	73		under [required by] this section for the two-year period
74	74		following the date of the governor's initial proclamation or
75	75		executive order declaring the state of disaster.
76	76		Explanation: The changes are necessary to give the
77	77		commissioner discretion in adjusting the average daily
78	78		attendance of a school district located wholly or partly in a
79	79		disaster area.
80	80		(6) Senate Rule 12.03(3), is suspended to permit the
81	81		committee to add text on a matter not in disagreement in proposed
82	82		SECTION 1.019 of the bill, in added Sections 48.011(a-1), (b),
83	83		and (d), Education Code, to read as follows:
84	84		(a-1) The commissioner may modify dates relating to the
85	85		adoption of a school district's maintenance and operations tax
86	86		rate and, if applicable, an election required for the district to
87	87		adopt that rate as necessary to implement the changes made by
88	88		H.B. 3, 86th Legislature, Regular Session, 2019.
89	89		(b) Before making an adjustment under Subsection (a) or
90	90		(a-1), the commissioner shall notify and must receive approval
91	91		from the Legislative Budget Board and the office of the governor.
92	92		(d) Beginning with the 2021-2022 school year, the
93	93		commissioner may not make an adjustment under Subsection (a) or
94	94		(a-1).
95	95		Explanation: The addition is necessary to permit the
96	96		commissioner to modify dates relating to a school district's
97	97		maintenance and operations tax rate after receiving approval
98	98		from the Legislative Budget Board and the office of the governor
99	99		until the beginning of the 2021-2022 school year.
100	100		(7) Senate Rule 12.03(3), is suspended to permit the
101	101		committee to add text on a matter not in disagreement in proposed
102	102		SECTION 1.021 of the bill, in transferred, redesignated, and
103	103		amended Section 48.051, Education Code, to read as follows:
104	104		(d) In this section, "compensation" includes benefits
105	105		such as insurance premiums.
106	106		Explanation: The addition is necessary to include
107	107		benefits in the definition of "compensation."
108	108		(8) Senate Rule 12.03(3), is suspended to permit the
109	109		committee to add text on a matter not in disagreement in proposed
110	110		SECTION 1.024 of the bill, in added Section 48.101, Education
111	111		Code, to read as follows:
112	112		(d) Instead of the allotment under Subsection (b) or
113	113		(c)(1), a school district that has fewer than 300 students in
114	114		average daily attendance and is the only school district located
115	115		in and operating in a county is entitled to an annual allotment
116	116		for each student in average daily attendance based on the
117	117		following formula:
118	118		AA = ((1,600 - ADA) X .00047) X BA
119	119		Explanation: The addition is necessary to provide an
120	120		allotment for school districts with fewer than 300 students in
121	121		average daily attendance that are the only district located in
122	122		and operating in a county.
123	123		(9) Senate Rule 12.03(1), is suspended to permit the
124	124		committee to amend text not in disagreement in proposed SECTION
125	125		1.025 of the bill, in transferred, redesignated, and amended
126	126		Section 48.102(h), Education Code, to read as follows:
127	127		(h) At least 55 percent of the funds [Funds] allocated
128	128		under this section[, other than an indirect cost allotment
129	129		established under State Board of Education rule,] must be used in
130	130		the special education program under Subchapter A, Chapter 29.
131	131		Explanation: The change is necessary to require a certain
132	132		percentage of funding provided by the special education
133	133		allotment to be used for a special education program under
134	134		Subchapter A, Chapter 29, Education Code.
135	135		(10) Senate Rule 12.03(4), is suspended to permit the
136	136		committee to add text on a matter not included in either the house
137	137		or senate version of the bill by adding the following new
138	138		language to proposed SECTION 1.031 of the bill:
139	139		Sec. 48.1101. STUDY ON ALTERNATIVE CAREER READINESS
140	140		MEASURES FOR SMALL AND RURAL DISTRICTS. (a) The agency shall
141	141		conduct a study on alternative career readiness measures for
142	142		small and rural school districts to determine if annual graduates
143	143		demonstrate career readiness under Section 48.110(f)(2)(B).
144	144		(b) Not later than January 1, 2021, the agency shall
145	145		submit to the legislature a report on the results of the study and
146	146		any recommendations for legislative or other action.
147	147		(c) This section expires September 1, 2021.
148	148		Explanation: The addition is necessary to require a study
149	149		on alternative career readiness measures for small and rural
150	150		school districts to determine if annual graduates demonstrate
151	151		career readiness.
152	152		(11) Senate Rule 12.03(3), is suspended to permit the
153	153		committee to add text on a matter not in disagreement in proposed
154	154		SECTION 1.031 of the bill, in added Section 48.112(g), Education
155	155		Code, to read as follows:
156	156		(g) A district is entitled to receive an increased
157	157		allotment under this section in the amount necessary for
158	158		reimbursement for any fees paid under Section 21.3521.
159	159		Explanation: The addition is necessary to permit a school
160	160		district to receive an allotment in an amount necessary for
161	161		reimbursement for fees paid under Section 21.3521, Education
162	162		Code.
163	163		(12) Senate Rule 12.03(3), is suspended to permit the
164	164		committee to add text on a matter not in disagreement in proposed
165	165		SECTION 1.038 of the bill, in transferred, redesignated, and
166	166		amended Section 48.202, Education Code, to read as follows:
167	167		(f-1) Notwithstanding Subsection (f), for the 2019-2020
168	168		school year, the reduction of a school district's tax rate
169	169		required under Subsection (f) applies to the district's total
170	170		enrichment tax rate under Section 45.0032(b) minus eight cents.
171	171		This subsection expires September 1, 2020.
172	172		Explanation: The addition is necessary to determine the
173	173		portion of a school district's enrichment tax rate to which the
174	174		reduction required under Section 48.202(f-1), Education Code,
175	175		applies for the 2019-2020 school year.
176	176		(13) Senate Rule 12.03(3), is suspended to permit the
177	177		committee to add text on a matter not in disagreement in proposed
178	178		SECTION 1.040 of the bill, in transferred, redesignated, and
179	179		amended Section 48.256, Education Code, to read as follows:
180	180		(d) This subsection applies to a school district in which
181	181		the board of trustees entered into a written agreement with a
182	182		property owner under Section 313.027, Tax Code, for the
183	183		implementation of a limitation on appraised value under
184	184		Subchapter B or C, Chapter 313, Tax Code. For purposes of
185	185		determining "DPV" under Subsection (a) for a school district to
186	186		which this subsection applies, the commissioner shall exclude a
187	187		portion of the market value of property not otherwise fully
188	188		taxable by the district under Subchapter B or C, Chapter 313, Tax
189	189		Code, before the expiration of the subchapter. The comptroller
190	190		shall provide information to the agency necessary for this
191	191		subsection. A revenue protection payment required as part of an
192	192		agreement for a limitation on appraised value shall be based on
193	193		the district's taxable value of property for the preceding tax
194	194		year.
195	195		(e) Subsection (d) does not apply to property that was
196	196		the subject of an application under Subchapter B or C, Chapter
197	197		313, Tax Code, made after May 1, 2009, that the comptroller
198	198		recommended should be disapproved. [A school district must raise
199	199		its total local share of the Foundation School Program to be
200	200		eligible to receive foundation school fund payments.]
201	201		Explanation: The addition is necessary to determine "DPV"
202	202		for a school district that has entered into an agreement for the
203	203		implementation of a limitation on appraised value under
204	204		Subchapter B or C, Chapter 313, Tax Code.
205	205		(14) Senate Rule 12.03(1), is suspended to permit the
206	206		committee to amend text not in disagreement in proposed SECTION
207	207		1.041 of the bill, in added Sections 48.257(a) and (b), Education
208	208		Code, to read as follows:
209	209		(a) Subject to Subsection (b), if a school district's
210	210		tier one local share under Section 48.256 exceeds the district's
211	211		entitlement under Section 48.266(a)(1) less the district's
212	212		distribution from the state available school fund, the district
213	213		must reduce the district's tier one revenue level in accordance
214	214		with Chapter 49 to a level not to exceed the district's
215	215		entitlement under Section 48.266(a)(1) less the district's
216	216		distribution from the state available school fund.
217	217		(b) This subsection applies only to a school district to
218	218		which Subsection (a) applies. If a district's maintenance and
219	219		operations tax collections from the tax rate described by Section
220	220		45.0032(a) for the current tax year minus the required reduction
221	221		in a district's tier one revenue level under Subsection (a)
222	222		results in an amount that is less than the amount of the
223	223		district's entitlement under Section 48.266(a)(1) less the
224	224		district's distribution from the state available school fund,
225	225		the agency shall adjust the amount of the reduction required in
226	226		the district's tier one revenue level under Subsection (a) up to
227	227		the amount of local funds necessary for the district's
228	228		entitlement under Section 48.266(a)(1) less the district's
229	229		distribution from the state available school fund.
230	230		Explanation: The change is necessary to determine the
231	231		amount by which a school district is required to reduce the
232	232		district's local revenue level under Section 48.257(a),
233	233		Education Code, to a level not to exceed the district's
234	234		entitlement less the district's distribution from the state
235	235		available school fund.
236	236		(15) Senate Rule 12.03(4), is suspended to permit the
237	237		committee to add text on a matter not included in either the house
238	238		or senate version of the bill by adding the following new SECTION
239	239		to proposed ARTICLE 1 of the bill:
240	240		SECTION 1.046. Subchapter G, Chapter 48, Education Code,
241	241		as added by this Act, is amended by adding Section 48.302 to read
242	242		as follows:
243	243		Sec. 48.302. SUBSIDY FOR HIGH SCHOOL EQUIVALENCY
244	244		EXAMINATION FOR CERTAIN INDIVIDUALS. (a) In this section,
245	245		"commission" means the Texas Workforce Commission.
246	246		(b) The agency shall enter into a memorandum of
247	247		understanding with the commission for the agency to transfer to
248	248		the commission funds specifically appropriated to the agency for
249	249		the commission to provide to an individual who is 21 years of age
250	250		or older a subsidy in an amount equal to the cost of taking one
251	251		high school equivalency examination administered under Section
252	252		7.111.
253	253		(c) The commission shall adopt rules to implement the
254	254		subsidy program described by Subsection (b), including rules
255	255		regarding eligibility requirements.
256	256		Explanation: The addition is necessary to provide for a
257	257		subsidy for certain individuals to take a high school equivalency
258	258		examination.
259	259		(16) Senate Rule 12.03(4), is suspended to permit the
260	260		committee to add text on a matter not included in either the house
261	261		or senate version of the bill by adding proposed SECTION 1.061 to
262	262		the bill, amending Section 403.302(d), Government Code, to read
263	263		as follows:
264	264		SECTION 1.061. Section 403.302(d), Government Code, is
265	265		amended to read as follows:
266	266		(d) For the purposes of this section, "taxable value"
267	267		means the market value of all taxable property less:
268	268		(1) the total dollar amount of any residence
269	269		homestead exemptions lawfully granted under Section 11.13(b) or
270	270		(c), Tax Code, in the year that is the subject of the study for
271	271		each school district;
272	272		(2) one-half of the total dollar amount of any
273	273		residence homestead exemptions granted under Section 11.13(n),
274	274		Tax Code, in the year that is the subject of the study for each
275	275		school district;
276	276		(3) the total dollar amount of any exemptions
277	277		granted before May 31, 1993, within a reinvestment zone under
278	278		agreements authorized by Chapter 312, Tax Code;
279	279		(4) subject to Subsection (e), the total dollar
280	280		amount of any captured appraised value of property that:
281	281		(A) is within a reinvestment zone created on
282	282		or before May 31, 1999, or is proposed to be included within the
283	283		boundaries of a reinvestment zone as the boundaries of the zone
284	284		and the proposed portion of tax increment paid into the tax
285	285		increment fund by a school district are described in a written
286	286		notification provided by the municipality or the board of
287	287		directors of the zone to the governing bodies of the other taxing
288	288		units in the manner provided by former Section 311.003(e), Tax
289	289		Code, before May 31, 1999, and within the boundaries of the zone
290	290		as those boundaries existed on September 1, 1999, including
291	291		subsequent improvements to the property regardless of when made;
292	292		(B) generates taxes paid into a tax increment
293	293		fund created under Chapter 311, Tax Code, under a reinvestment
294	294		zone financing plan approved under Section 311.011(d), Tax Code,
295	295		on or before September 1, 1999; and
296	296		(C) is eligible for tax increment financing
297	297		under Chapter 311, Tax Code;
298	298		(5) the total dollar amount of any captured
299	299		appraised value of property that:
300	300		(A) is within a reinvestment zone:
301	301		(i) created on or before December 31,
302	302		2008, by a municipality with a population of less than 18,000;
303	303		and
304	304		(ii) the project plan for which includes
305	305		the alteration, remodeling, repair, or reconstruction of a
306	306		structure that is included on the National Register of Historic
307	307		Places and requires that a portion of the tax increment of the
308	308		zone be used for the improvement or construction of related
309	309		facilities or for affordable housing;
310	310		(B) generates school district taxes that are
311	311		paid into a tax increment fund created under Chapter 311, Tax
312	312		Code; and
313	313		(C) is eligible for tax increment financing
314	314		under Chapter 311, Tax Code;
315	315		(6) the total dollar amount of any exemptions
316	316		granted under Section 11.251 or 11.253, Tax Code;
317	317		(7) the difference between the comptroller's
318	318		estimate of the market value and the productivity value of land
319	319		that qualifies for appraisal on the basis of its productive
320	320		capacity, except that the productivity value estimated by the
321	321		comptroller may not exceed the fair market value of the land;
322	322		(8) the portion of the appraised value of residence
323	323		homesteads of individuals who receive a tax limitation under
324	324		Section 11.26, Tax Code, on which school district taxes are not
325	325		imposed in the year that is the subject of the study, calculated
326	326		as if the residence homesteads were appraised at the full value
327	327		required by law;
328	328		(9) a portion of the market value of property not
329	329		otherwise fully taxable by the district at market value because
330	330		of[:
331	331		[(A)] action required by statute or the
332	332		constitution of this state, other than Section 11.311, Tax Code,
333	333		that, if the tax rate adopted by the district is applied to it,
334	334		produces an amount equal to the difference between the tax that
335	335		the district would have imposed on the property if the property
336	336		were fully taxable at market value and the tax that the district
337	337		is actually authorized to impose on the property, if this
338	338		subsection does not otherwise require that portion to be
339	339		deducted; [or
340	340		[(B) action taken by the district under
341	341		Subchapter B or C, Chapter 313, Tax Code, before the expiration
342	342		of the subchapter;]
343	343		(10) the market value of all tangible personal
344	344		property, other than manufactured homes, owned by a family or
345	345		individual and not held or used for the production of income;
346	346		(11) the appraised value of property the collection
347	347		of delinquent taxes on which is deferred under Section 33.06, Tax
348	348		Code;
349	349		(12) the portion of the appraised value of property
350	350		the collection of delinquent taxes on which is deferred under
351	351		Section 33.065, Tax Code; and
352	352		(13) the amount by which the market value of a
353	353		residence homestead to which Section 23.23, Tax Code, applies
354	354		exceeds the appraised value of that property as calculated under
355	355		that section.
356	356		Explanation: The addition is necessary to remove from the
357	357		definition of "taxable value" a portion of the market value of
358	358		certain property.
359	359		(17) Senate Rule 12.03(4), is suspended to permit the
360	360		committee to add text on a matter not included in either the house
361	361		or senate version of the bill by adding proposed SECTION 1A.001
362	362		to the bill, amending Section 13.054, Education Code, to read as
363	363		follows:
364	364		SECTION 1A.001. Effective September 1, 2020, Section
365	365		13.054, Education Code, is amended by amending Subsection (f) and
366	366		adding Subsection (f-1) to read as follows:
367	367		(f) For five years beginning with the school year in
368	368		which the annexation occurs, a school district shall receive
369	369		additional funding under this subsection or Subsection (h). The
370	370		amount of funding shall be determined by multiplying the lesser
371	371		of the enlarged district's local fund assignment computed under
372	372		Section 48.256 [42.252] or the enlarged district's total cost of
373	373		tier one by a fraction, the numerator of which is the number of
374	374		students residing in the territory annexed to the receiving
375	375		district preceding the date of the annexation and the denominator
376	376		of which is the number of students residing in the district as
377	377		enlarged on the date of the annexation, and multiplying the
378	378		resulting product by the quotient of the enlarged district's
379	379		maximum compressed tax rate, as determined under Section
380	380		48.2551, for the current school year divided by the receiving
381	381		district's maximum compressed tax rate, as determined under
382	382		Section 48.2551, for the year in which the annexation occurred.
383	383		(f-1) Notwithstanding Subsection (f), for an annexation
384	384		that occurred before September 1, 2019, for five years beginning
385	385		with the school year in which the annexation occurs, a school
386	386		district shall receive additional funding under this subsection
387	387		or Subsection (h). The amount of funding shall be determined by
388	388		multiplying the lesser of the enlarged district's local fund
389	389		assignment computed under Section 48.256 or the enlarged
390	390		district's total cost of tier one by a fraction, the numerator of
391	391		which is the number of students residing in the territory annexed
392	392		to the receiving district preceding the date of the annexation
393	393		and the denominator of which is the number of students residing
394	394		in the district as enlarged on the date of the annexation, and
395	395		dividing the receiving district's maximum compressed tax rate,
396	396		as determined under Section 48.2551. This subsection expires
397	397		September 1, 2021.
398	398		Explanation: The addition is necessary to determine an
399	399		additional amount of funding to which a district to which
400	400		territory is annexed under Section 13.054, Education Code, is
401	401		entitled beginning September 1, 2020.
402	402		(18) Senate Rule 12.03(4), is suspended to permit the
403	403		committee to add text on a matter not included in either the house
404	404		or senate version of the bill by adding the following new
405	405		language to SECTION 1A.007 of the bill:
406	406		Sec. 48.2554. STUDY ON DISTRICT PROPERTY TAX
407	407		COMPRESSION. (a) The Legislative Budget Board, in conjunction
408	408		with other appropriate state agencies, shall study possible
409	409		methods of providing property tax relief through the reduction of
410	410		school district maintenance and operations taxes. The study must
411	411		evaluate:
412	412		(1) potential sources of revenue that may be used to
413	413		reduce school district maintenance and operations taxes;
414	414		(2) methods of limiting increases in maintenance
415	415		and operations tax revenue that adjust for enrollment growth,
416	416		inflation, and other relevant factors; and
417	417		(3) for each method of providing property tax relief
418	418		considered:
419	419		(A) any difference in anticipated benefits to
420	420		property taxpayers based on the school district in which the
421	421		taxpayer resides;
422	422		(B) the cost to the state; and
423	423		(C) the anticipated impact on equity in the
424	424		public school finance system.
425	425		(b) Not later than September 1, 2020, the Legislative
426	426		Budget Board shall submit to the governor, the lieutenant
427	427		governor, and the speaker of the house of representatives a
428	428		report on the results of the study and any recommendations for
429	429		legislative or other action.
430	430		(c) This section expires September 1, 2021.
431	431		Explanation: The addition is necessary to require a study
432	432		on methods of providing property tax relief through the reduction
433	433		of school district maintenance and operations taxes.
434	434		(19) Senate Rule 12.03(4), is suspended to permit the
435	435		committee to add text on a matter not included in either the house
436	436		or senate version of the bill by adding proposed SECTION 2.005 to
437	437		the bill, adding Section 21.048(a-2), Education Code, to read as
438	438		follows:
439	439		SECTION 2.005. Section 21.048, Education Code, is
440	440		amended by adding Subsection (a-2) to read as follows:
441	441		(a-2) The board shall adopt rules that provide that in
442	442		order to teach any grade level from prekindergarten through grade
443	443		six a person must demonstrate proficiency in the science of
444	444		teaching reading on a certification examination for each class of
445	445		certificate issued by the board after January 1, 2021.
446	446		Explanation: The addition is necessary to require the
447	447		State Board for Educator Certification to adopt rules requiring
448	448		certain teachers to demonstrate proficiency in the science of
449	449		teaching reading on a certification examination.
450	450		(20) Senate Rule 12.03(4), is suspended to permit the
451	451		committee to add text on a matter not included in either the house
452	452		or senate version of the bill by adding proposed SECTION 2.008 to
453	453		the bill, adding Section 21.3521, Education Code, to read as
454	454		follows:
455	455		SECTION 2.008. Subchapter H, Chapter 21, Education Code,
456	456		is amended by adding Section 21.3521 to read as follows:
457	457		Sec. 21.3521. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM.
458	458		(a) Subject to Subsection (b), a school district or
459	459		open-enrollment charter school may designate a certified
460	460		classroom teacher as a master, exemplary, or recognized teacher
461	461		for a five-year period based on the results from single year or
462	462		multiyear appraisals that comply with Section 21.351 or 21.352.
463	463		(b) The commissioner shall establish performance and
464	464		validity standards for each local optional teacher designation
465	465		system. The performance standards:
466	466		(1) must provide a mathematical possibility that
467	467		all teachers eligible for a designation may earn the designation;
468	468		and
469	469		(2) may not require a district to use an assessment
470	470		instrument adopted under Section 39.023 to evaluate teacher
471	471		performance.
472	472		(c) Notwithstanding performance standards established
473	473		under Subsection (b), a classroom teacher that holds a National
474	474		Board Certification issued by the National Board for
475	475		Professional Teaching Standards may be designated as recognized.
476	476		(d) The commissioner shall:
477	477		(1) ensure that local optional teacher designation
478	478		systems:
479	479		(A) meet the requirements of this section; and
480	480		(B) prioritize high needs campuses; and
481	481		(2) enter into a memorandum of understanding with
482	482		Texas Tech University to monitor the quality and fairness of
483	483		local optional teacher designation systems.
484	484		(e) The agency shall develop and provide technical
485	485		assistance for school districts and open-enrollment charter
486	486		schools that request assistance in implementing a local optional
487	487		teacher designation system, including assistance in prioritizing
488	488		high needs campuses.
489	489		(f) A teacher has no vested property right in a teacher
490		-	designation assigned to the teacher under this section. A
491		-	~~teacher~~ designation issued under this section is void in the
	490	+	designation assigned to the teacher under this section. A teacher
	491	+	designation issued under this section is void in the
492	492		determination that the designation was issued improperly.
493	493		Subchapters C through H, Chapter 2001, Government Code, do not
494	494		apply to the voiding of a teacher designation under this
495	495		subsection.
496	496		(g) The agency shall periodically conduct evaluations of
497	497		the effectiveness of the local optional teacher designation
498	498		systems under this section and the teacher incentive allotment
499	499		under Section 48.112 and report the results of the evaluations to
500	500		the legislature. A school district or open-enrollment charter
501	501		school that has implemented a local optional teacher designation
502	502		system or received funds under the teacher incentive allotment
503	503		shall participate in the evaluations.
504	504		(h) The agency shall collect information necessary to
505	505		implement this section. Information otherwise confidential
506	506		remains confidential and is not subject to Chapter 552,
507	507		Government Code.
508	508		(i) The commissioner may adopt fees to implement this
509	509		section. A fee adopted by the agency under this section is not
510	510		subject to Sections 2001.0045 and 2001.0221, Government Code.
511	511		(j) The commissioner may adopt rules to implement this
512	512		section. A decision made by the commissioner under this section
513	513		is final and may not be appealed.
514	514		Explanation: The addition is necessary to permit school
515	515		districts and open-enrollment charter schools to develop local
516	516		optional teacher designation systems.
517	517		(21) Senate Rule 12.03(1), is suspended to permit the
518	518		committee to amend text not in disagreement in proposed SECTION
519	519		2.011 of the bill, adding Section 25.085(i), Education Code, to
520	520		read as follows:
521	521		SECTION 2.011. Effective September 1, 2020, Section
522	522		25.085, Education Code, is amended by adding Subsection (i) to
523	523		read as follows:
524	524		Explanation: The change is necessary to delay the
525	525		implementation of Section 25.085(i), Education Code.
526	526		(22) Senate Rule 12.03(4), is suspended to permit the
527	527		committee to add text on a matter not included in either the house
528	528		or senate version of the bill by adding the following new SECTION
529	529		to proposed ARTICLE 2 of the bill:
530	530		SECTION 2.013. Subchapter A, Chapter 28, Education Code,
531	531		is amended by adding Section 28.0062 to read as follows:
532	532		Sec. 28.0062. READING STANDARDS FOR KINDERGARTEN THROUGH
533	533		THIRD GRADE. (a) Each school district and open-enrollment
534	534		charter school shall:
535	535		(1) provide for the use of a phonics curriculum that
536	536		uses systematic direct instruction in kindergarten through third
537	537		grade to ensure all students obtain necessary early literacy
538	538		skills;
539	539		(2) ensure that:
540	540		(A) not later than the 2021-2022 school year,
541	541		each classroom teacher in kindergarten or first, second, or third
542	542		grade and each principal at a campus with kindergarten or first,
543	543		second, or third grade has attended a teacher literacy
544	544		achievement academy developed under Section 21.4552; and
545	545		(B) each classroom teacher and each principal
546	546		initially employed in a grade level or at a campus described by
547	547		Paragraph (A) for the 2021-2022 school year or a subsequent
548	548		school year has attended a teacher literacy achievement academy
549	549		developed under Section 21.4552 before the teacher's or
550	550		principal's first year of placement in that grade level or
551	551		campus; and
552	552		(3) certify to the agency that the district or
553	553		school:
554	554		(A) prioritizes placement of highly effective
555	555		teachers in kindergarten through second grade; and
556	556		(B) has integrated reading instruments used to
557	557		diagnose reading development and comprehension to support each
558	558		student in prekindergarten through third grade.
559	559		(b) The agency shall provide assistance to school
560	560		districts and open-enrollment charter schools in complying with
561	561		the requirements under this section.
562	562		(c) The agency shall:
563	563		(1) monitor the implementation of this section; and
564	564		(2) periodically report to the legislature on the
565	565		implementation of this section and the effectiveness of this
566	566		section in improving educational outcomes.
567	567		(d) The commissioner shall establish an advisory board to
568	568		assist the agency in fulfilling the agency's duties under this
569	569		section. Chapter 2110, Government Code, does not apply to the
570	570		advisory board.
571	571		(e) The commissioner may adopt rules to implement this
572	572		section.
573	573		Explanation: The addition is necessary to provide reading
574	574		standards for kindergarten through third grade.
575	575		(23) Senate Rule 12.03(4), is suspended to permit the
576	576		committee to add text on a matter not included in either the house
577	577		or senate version of the bill in proposed SECTION 4.001 of the
578	578		bill by repealing Section 403.302(m), Government Code.
579	579		Explanation: The addition is necessary to repeal Section
580	580		403.302(m), Government Code, which is no longer necessary with
581	581		the addition of Section 48.256(e), Education Code.
582	582		(24) Senate Rule 12.03(3), is suspended to permit the
583	583		committee to add text on a matter not in disagreement in proposed
584	584		SECTION 5.002 of the bill, in the transition language, to read as
585	585		follows:
586	586		SECTION 5.002. Except as otherwise provided by this Act,
587	587		Section 26.08, Tax Code, as amended by this Act, applies
588	588		beginning with the 2019 tax year. A school district is required
589	589		to calculate the district's rollback tax rate for the 2019 tax
590	590		year in the manner provided by Section 26.08, Tax Code, as
591	591		amended by this Act, regardless of whether the district has
592	592		already calculated that rate or adopted a tax rate for the 2019
593	593		tax year before September 1, 2019.
594	594		Explanation: The addition is necessary to ensure a school
595	595		district calculates the district's rollback tax rate for the 2019
596	596		tax year in accordance with Section 26.08, Tax Code, as amended
597	597		by the bill.
598		-	_______________________________
599		-	President of the Senate
600		-	I hereby certify that the
601		-	above Resolution was adopted by
602		-	the Senate on May 25, 2019, by the
603		-	following vote: Yeas 30, Nays 0.
604		-	_______________________________
605		-	Secretary of the Senate