87R12430 MWC-F
By: Howard H.B. No. 3805
A BILL TO BE ENTITLED
AN ACT
relating to the costs of expansion of open-enrollment charter
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 48.266(f), Education Code, is amended to
read as follows:
(f) If the amount appropriated for the Foundation School
Program for the second year of a state fiscal biennium is less than
the amount to which school districts and open-enrollment charter
schools are entitled for that year, the commissioner shall certify
the amount of the difference to the Legislative Budget Board not
later than January 1 of the second year of the state fiscal
biennium. The Legislative Budget Board shall propose to the
legislature that the certified amount be transferred to the
foundation school fund from the economic stabilization fund and
appropriated for the purpose of increases in allocations under this
subsection. If the legislature fails during the regular session to
enact the proposed transfer and appropriation and there are not
funds available under Subsection (h), the commissioner may not
approve an expansion amendment for an open-enrollment charter
school and may not approve the application of a new charter holder
for the biennium before adjusting [shall adjust] the total amounts
due to each school district and open-enrollment charter school
under this chapter and the total amounts necessary for each school
district to comply with the requirements of Chapter 49 by an amount
determined by applying to each district and school the same
percentage adjustment to the total amount of state and local
revenue due to the district or school under this chapter and Chapter
49 so that the total amount of the adjustment to all districts and
schools results in an amount equal to the total adjustment
necessary. The following fiscal year:
(1) a district's or school's entitlement under this
section is increased by an amount equal to the adjustment made
under this subsection; and
(2) the amount necessary for a district to comply with
the requirements of Chapter 49 is reduced by an amount necessary to
ensure a district's full recovery of the adjustment made under this
subsection.
SECTION 2. Section 48.269(a), Education Code, is amended to
read as follows:
(a) Not later than October 1 of each even-numbered year:
(1) the agency shall submit to the legislature:
(A) an estimate of the tax rate and student
enrollment of each school district for the following biennium; and
(B) for each open-enrollment charter school, the
school's student enrollment and the school's maximum enrollment
capacity; and
(2) the comptroller shall submit to the legislature an
estimate of the total taxable value of all property in the state as
determined under Subchapter M, Chapter 403, Government Code, for
the following biennium.
SECTION 3. This Act applies beginning with the 2021-2022
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.