By: Nelson S.B. No. 1969
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters related to public education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF FEES OR
CHARGES GENERALLY
SECTION 1.01. This article applies to the Texas Education
Agency, the Texas School for the Blind and Visually Impaired, the
Texas School for the Deaf, and the Teacher Retirement System of
Texas.
SECTION 1.02. Notwithstanding any other statute of this
state, each entity to which this article applies is authorized to
reduce or recover expenditures by:
(1) consolidating any reports or publications the
entity is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the entity grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the entity's
duties;
(4) modifying the services provided to and the
eligibility requirements, including the procedures to determine
eligibility, for persons who receive benefits under any federal or
state law the entity administers to ensure that those benefits are
received by the most deserving persons consistent with the purposes
for which the benefits are provided;
(5) providing that any communication between the
entity and another person and any document required to be delivered
to or by the entity, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(6) adopting and collecting fees or charges to cover
any costs the entity incurs in performing its lawful functions.
ARTICLE 2. REDUCTION IN GENERAL APPROPRIATIONS ACT
SECTION 2.01. An employee of an entity described by Section
1.01 of this Act is not entitled to an amount from the state for
expenses, including office expenses or reimbursement of office
expenses, per diem, travel, or a salary or salary supplement that
exceeds the amount authorized for those purposes by the General
Appropriations Act.
ARTICLE 3. FISCAL MATTERS RELATED TO PUBLIC EDUCATION
SECTION 3.01. Section 21.4021(a), Education Code, is
amended to read as follows:
(a) Notwithstanding Section 21.401 and subject to Section
21.4022, the board of trustees of a school district may, in
accordance with district policy, implement a furlough program and
reduce the number of days of service otherwise required under
Section 21.401 by not more than seven [six] days of service during a
school year if the commissioner certifies in accordance with
Section 48.010 that the district will be provided with less state
and local funding for that year than was provided to the district
for the 2020-2021 [2010-2011] school year.
SECTION 3.02. Section 25.112(a), Education Code, is amended
to read as follows:
(a) Except as otherwise authorized by this section, a school
district may not enroll more than 22 students in [a] kindergarten,
first, second, third, and [or] fourth grade classes [class]. That
limitation does not apply during:
(1) any 12-week period of the school year selected by
the district, in the case of a district whose average daily
attendance is adjusted under Section 48.005(c); or
(2) the last 12 weeks of any school year in the case of
any other district.
SECTION 3.03. Section 48.010, Education Code, is amended to
read as follows:
Sec. 48.010. DETERMINATION OF FUNDING LEVELS. (a) Not
later than July 1 of each year, the commissioner shall determine for
each school district whether the estimated amount of state and
local funding per student in weighted average daily attendance to
be provided to the district under the Foundation School Program for
maintenance and operations for the following school year is less
than the amount provided to the district for the 2020-2021
[2010-2011] school year. If the amount estimated to be provided is
less, the commissioner shall certify the percentage decrease in
funding to be provided to the district.
(b) In making the determinations regarding funding levels
required by Subsection (a), the commissioner shall:
(1) make adjustments as necessary to reflect changes
in a school district's maintenance and operations tax rate;
(2) for a district required to reduce its local
revenue level under Section 48.257, base the determinations on the
district's net funding levels after deducting any amounts required
to be expended by the district to comply with Chapter 49; and
(3) determine a district's weighted average daily
attendance in accordance with this chapter as it existed on January
1, 2021 [2011].
SECTION 3.04. Section 21.402(c-1), Education Code, is
repealed.
SECTION 3.05. This article applies beginning with the
2021-2022 school year.
ARTICLE 4. FISCAL MATTERS CONCERNING RETIRED TEACHERS
SECTION 4.01. Section 825.404(b), Government Code, is
amended to read as follows:
(b) Before November 15 [2] of each even-numbered year, the
board of trustees, in coordination with the Legislative Budget
Board, shall certify to the comptroller of public accounts for
review and adoption an estimate of the amount necessary to pay the
state's contributions to the retirement system for the following
biennium. For qualifying employees under Subsection (a-1)(1), the
board of trustees shall include only the amount payable by the state
under Subsection (a-1)(1) in determining the amount to be
certified.
SECTION 4.02. Section 1575.202(a), Insurance Code, is
amended to read as follows:
(a) Each state fiscal year, the state shall contribute to
the fund an amount equal to 1.23 [1.25] percent of the salary of
each active employee.
SECTION 4.03. The changes in law made by this article apply
beginning with the state fiscal year that begins September 1, 2021.
ARTICLE 5. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT
SECTION 5.01. (a) Section 28.053(i), Education Code, is
amended to read as follows:
(i) The commissioner shall analyze and adjust, as needed,
the sum of and number of awards to ensure that the purpose of the
program is realized and to account for any budgetary constraints.
(b) This section applies beginning with the 2021-2022
school year.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. 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.