1 | 1 | | By: Nelson S.B. No. 1969 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | A BILL TO BE ENTITLED |
---|
5 | 5 | | AN ACT |
---|
6 | 6 | | relating to state fiscal matters related to public education. |
---|
7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
8 | 8 | | ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF FEES OR |
---|
9 | 9 | | CHARGES GENERALLY |
---|
10 | 10 | | SECTION 1.01. This article applies to the Texas Education |
---|
11 | 11 | | Agency, the Texas School for the Blind and Visually Impaired, the |
---|
12 | 12 | | Texas School for the Deaf, and the Teacher Retirement System of |
---|
13 | 13 | | Texas. |
---|
14 | 14 | | SECTION 1.02. Notwithstanding any other statute of this |
---|
15 | 15 | | state, each entity to which this article applies is authorized to |
---|
16 | 16 | | reduce or recover expenditures by: |
---|
17 | 17 | | (1) consolidating any reports or publications the |
---|
18 | 18 | | entity is required to make and filing or delivering any of those |
---|
19 | 19 | | reports or publications exclusively by electronic means; |
---|
20 | 20 | | (2) extending the effective period of any license, |
---|
21 | 21 | | permit, or registration the entity grants or administers; |
---|
22 | 22 | | (3) entering into a contract with another governmental |
---|
23 | 23 | | entity or with a private vendor to carry out any of the entity's |
---|
24 | 24 | | duties; |
---|
25 | 25 | | (4) modifying the services provided to and the |
---|
26 | 26 | | eligibility requirements, including the procedures to determine |
---|
27 | 27 | | eligibility, for persons who receive benefits under any federal or |
---|
28 | 28 | | state law the entity administers to ensure that those benefits are |
---|
29 | 29 | | received by the most deserving persons consistent with the purposes |
---|
30 | 30 | | for which the benefits are provided; |
---|
31 | 31 | | (5) providing that any communication between the |
---|
32 | 32 | | entity and another person and any document required to be delivered |
---|
33 | 33 | | to or by the entity, including any application, notice, billing |
---|
34 | 34 | | statement, receipt, or certificate, may be made or delivered by |
---|
35 | 35 | | e-mail or through the Internet; and |
---|
36 | 36 | | (6) adopting and collecting fees or charges to cover |
---|
37 | 37 | | any costs the entity incurs in performing its lawful functions. |
---|
38 | 38 | | ARTICLE 2. REDUCTION IN GENERAL APPROPRIATIONS ACT |
---|
39 | 39 | | SECTION 2.01. An employee of an entity described by Section |
---|
40 | 40 | | 1.01 of this Act is not entitled to an amount from the state for |
---|
41 | 41 | | expenses, including office expenses or reimbursement of office |
---|
42 | 42 | | expenses, per diem, travel, or a salary or salary supplement that |
---|
43 | 43 | | exceeds the amount authorized for those purposes by the General |
---|
44 | 44 | | Appropriations Act. |
---|
45 | 45 | | ARTICLE 3. FISCAL MATTERS RELATED TO PUBLIC EDUCATION |
---|
46 | 46 | | SECTION 3.01. Section 21.4021(a), Education Code, is |
---|
47 | 47 | | amended to read as follows: |
---|
48 | 48 | | (a) Notwithstanding Section 21.401 and subject to Section |
---|
49 | 49 | | 21.4022, the board of trustees of a school district may, in |
---|
50 | 50 | | accordance with district policy, implement a furlough program and |
---|
51 | 51 | | reduce the number of days of service otherwise required under |
---|
52 | 52 | | Section 21.401 by not more than seven [six] days of service during a |
---|
53 | 53 | | school year if the commissioner certifies in accordance with |
---|
54 | 54 | | Section 48.010 that the district will be provided with less state |
---|
55 | 55 | | and local funding for that year than was provided to the district |
---|
56 | 56 | | for the 2020-2021 [2010-2011] school year. |
---|
57 | 57 | | SECTION 3.02. Section 25.112(a), Education Code, is amended |
---|
58 | 58 | | to read as follows: |
---|
59 | 59 | | (a) Except as otherwise authorized by this section, a school |
---|
60 | 60 | | district may not enroll more than 22 students in [a] kindergarten, |
---|
61 | 61 | | first, second, third, and [or] fourth grade classes [class]. That |
---|
62 | 62 | | limitation does not apply during: |
---|
63 | 63 | | (1) any 12-week period of the school year selected by |
---|
64 | 64 | | the district, in the case of a district whose average daily |
---|
65 | 65 | | attendance is adjusted under Section 48.005(c); or |
---|
66 | 66 | | (2) the last 12 weeks of any school year in the case of |
---|
67 | 67 | | any other district. |
---|
68 | 68 | | SECTION 3.03. Section 48.010, Education Code, is amended to |
---|
69 | 69 | | read as follows: |
---|
70 | 70 | | Sec. 48.010. DETERMINATION OF FUNDING LEVELS. (a) Not |
---|
71 | 71 | | later than July 1 of each year, the commissioner shall determine for |
---|
72 | 72 | | each school district whether the estimated amount of state and |
---|
73 | 73 | | local funding per student in weighted average daily attendance to |
---|
74 | 74 | | be provided to the district under the Foundation School Program for |
---|
75 | 75 | | maintenance and operations for the following school year is less |
---|
76 | 76 | | than the amount provided to the district for the 2020-2021 |
---|
77 | 77 | | [2010-2011] school year. If the amount estimated to be provided is |
---|
78 | 78 | | less, the commissioner shall certify the percentage decrease in |
---|
79 | 79 | | funding to be provided to the district. |
---|
80 | 80 | | (b) In making the determinations regarding funding levels |
---|
81 | 81 | | required by Subsection (a), the commissioner shall: |
---|
82 | 82 | | (1) make adjustments as necessary to reflect changes |
---|
83 | 83 | | in a school district's maintenance and operations tax rate; |
---|
84 | 84 | | (2) for a district required to reduce its local |
---|
85 | 85 | | revenue level under Section 48.257, base the determinations on the |
---|
86 | 86 | | district's net funding levels after deducting any amounts required |
---|
87 | 87 | | to be expended by the district to comply with Chapter 49; and |
---|
88 | 88 | | (3) determine a district's weighted average daily |
---|
89 | 89 | | attendance in accordance with this chapter as it existed on January |
---|
90 | 90 | | 1, 2021 [2011]. |
---|
91 | 91 | | SECTION 3.04. Section 21.402(c-1), Education Code, is |
---|
92 | 92 | | repealed. |
---|
93 | 93 | | SECTION 3.05. This article applies beginning with the |
---|
94 | 94 | | 2021-2022 school year. |
---|
95 | 95 | | ARTICLE 4. FISCAL MATTERS CONCERNING RETIRED TEACHERS |
---|
96 | 96 | | SECTION 4.01. Section 825.404(b), Government Code, is |
---|
97 | 97 | | amended to read as follows: |
---|
98 | 98 | | (b) Before November 15 [2] of each even-numbered year, the |
---|
99 | 99 | | board of trustees, in coordination with the Legislative Budget |
---|
100 | 100 | | Board, shall certify to the comptroller of public accounts for |
---|
101 | 101 | | review and adoption an estimate of the amount necessary to pay the |
---|
102 | 102 | | state's contributions to the retirement system for the following |
---|
103 | 103 | | biennium. For qualifying employees under Subsection (a-1)(1), the |
---|
104 | 104 | | board of trustees shall include only the amount payable by the state |
---|
105 | 105 | | under Subsection (a-1)(1) in determining the amount to be |
---|
106 | 106 | | certified. |
---|
107 | 107 | | SECTION 4.02. Section 1575.202(a), Insurance Code, is |
---|
108 | 108 | | amended to read as follows: |
---|
109 | 109 | | (a) Each state fiscal year, the state shall contribute to |
---|
110 | 110 | | the fund an amount equal to 1.23 [1.25] percent of the salary of |
---|
111 | 111 | | each active employee. |
---|
112 | 112 | | SECTION 4.03. The changes in law made by this article apply |
---|
113 | 113 | | beginning with the state fiscal year that begins September 1, 2021. |
---|
114 | 114 | | ARTICLE 5. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT |
---|
115 | 115 | | SECTION 5.01. (a) Section 28.053(i), Education Code, is |
---|
116 | 116 | | amended to read as follows: |
---|
117 | 117 | | (i) The commissioner shall analyze and adjust, as needed, |
---|
118 | 118 | | the sum of and number of awards to ensure that the purpose of the |
---|
119 | 119 | | program is realized and to account for any budgetary constraints. |
---|
120 | 120 | | (b) This section applies beginning with the 2021-2022 |
---|
121 | 121 | | school year. |
---|
122 | 122 | | ARTICLE 6. EFFECTIVE DATE |
---|
123 | 123 | | SECTION 6.01. This Act takes effect immediately if it |
---|
124 | 124 | | receives a vote of two-thirds of all the members elected to each |
---|
125 | 125 | | house, as provided by Section 39, Article III, Texas Constitution. |
---|
126 | 126 | | If this Act does not receive the vote necessary for immediate |
---|
127 | 127 | | effect, this Act takes effect September 1, 2021. |
---|