88R7763 MEW-D
By: Hinojosa H.B. No. 4586
A BILL TO BE ENTITLED
AN ACT
relating to the basic allotment and guaranteed yield under the
Foundation School Program and compensation increases for public
school employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 48.051, Education Code, is amended by
amending Subsections (a), (c), and (c-1) and adding Subsections
(a-1), (c-3), and (c-4) to read as follows:
(a) Subject to adjustment under Subsection (a-1), for [For]
each student in average daily attendance, not including the time
students spend each day in special education programs in an
instructional arrangement other than mainstream or career and
technology education programs, for which an additional allotment is
made under Subchapter C, a district is entitled to an allotment
equal to the lesser of $7,075 [$6,160] or the amount that results
from the following formula:
A = $7,075 [$6,160] X TR/MCR
where:
"A" is the allotment to which a district is entitled;
"TR" is the district's tier one maintenance and operations
tax rate, as provided by Section 45.0032; and
"MCR" is the district's maximum compressed tax rate, as
determined under Section 48.2551.
(a-1) Beginning with the 2024-2025 school year, the basic
allotment provided to a district under Subsection (a) or (b) is
adjusted annually to increase the allotment by the amount that
results from applying the inflation rate, as determined by the
comptroller on the basis of changes in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor Statistics of
the United States Department of Labor, to the allotment for the
preceding school year.
(c) During any school year for which the maximum amount of
the basic allotment provided under Subsection (a), (a-1), or (b) is
greater than the maximum amount provided for the preceding school
year, a school district must use at least 75 [30] percent of the
amount, if the amount is greater than zero, that equals the product
of the average daily attendance of the district multiplied by the
amount of the difference between the district's funding under this
chapter per student in average daily attendance for the current
school year and the preceding school year to provide compensation
increases to full-time district employees other than
administrators as follows:
(1) 50 [75] percent must be used to increase the
compensation paid to classroom teachers, full-time librarians,
full-time school counselors certified under Subchapter B, Chapter
21, and full-time school nurses, prioritizing differentiated
compensation for classroom teachers with more than five years of
experience; and
(2) 25 percent must [may] be used [as determined by the
district] to increase compensation paid to [full-time] district
employees other than employees described by Subdivision (1).
(c-1) A school district employee who received a salary or
wage increase under this section [Subsection (c) from a school
district] for the 2023-2024 [2019-2020] school year is, as long as
the employee remains employed by the same school district and the
district is receiving at least the same amount of funding as the
amount of funding the district received for the 2023-2024
[2019-2020] school year, entitled to salary or wages that is at
least equal to the salary or wages the employee received for the
2023-2024 [2019-2020] school year. [This subsection does not
apply if the board of trustees of the school district at which the
employee is employed:
[(1) complies with Sections 21.4021, 21.4022, and
21.4032 in reducing the employee's salary; and
[(2) has adopted a resolution declaring a financial
exigency for the district under Section 44.011.]
(c-3) Notwithstanding Subsection (c), for the 2023-2024
school year, a school district shall use at least 75 percent of the
amount that equals the product of the average daily attendance of
the district multiplied by the amount of the difference between the
district's funding under this chapter per student in average daily
attendance for the 2023-2024 school year and the 2022-2023 school
year to provide compensation increases to full-time district
employees other than administrators as follows:
(1) 50 percent must be used to increase the salary paid
to each classroom teacher, full-time librarian, full-time school
counselor certified under Subchapter B, Chapter 21, and full-time
school nurse employed by the district in the 2022-2023 school year
by:
(A) at least $10,000; or
(B) if the amount that a district must allocate
to provide the salary increases under this subdivision is
insufficient to provide the increase described by Paragraph (A),
the maximum amount by which the district may equally increase the
salary of each classroom teacher, full-time librarian, full-time
school counselor certified under Subchapter B, Chapter 21, and
full-time school nurse employed by the district in the 2022-2023
school year; and
(2) 25 percent must be used to increase the salary or
wages of each district employee other than an employee described by
Subdivision (1) employed by the district in the 2022-2023 school
year by:
(A) at least 15 percent; or
(B) if the amount that a district must allocate
to provide the salary or wage increases under this subdivision is
insufficient to provide the increase described by Paragraph (A),
the maximum percentage increase that may be applied equally to
increase the salary or wages of each district employee other than an
employee described by Subdivision (1) employed by the district in
the 2022-2023 school year.
(c-4) Subsection (c-3) and this subsection expire September
1, 2024.
SECTION 2. Section 48.202(a-1), Education Code, is amended
to read as follows:
(a-1) For purposes of Subsection (a), the dollar amount
guaranteed level of state and local funds per weighted student per
cent of tax effort ("GL") for a school district is:
(1) the greater of the amount of district tax revenue
per weighted student per cent of tax effort available to a school
district at the 96th percentile of wealth per weighted student or
the amount that results from multiplying 7,075 [6,160], or the
greater amount provided under Section 48.051(a-1) or (b)
[48.051(b)], if applicable, by 0.016, for the first eight cents by
which the district's maintenance and operations tax rate exceeds
the district's tier one tax rate; and
(2) subject to Subsection (f), the amount that results
from multiplying $7,075 [$6,160], or the greater amount provided
under Section 48.051(a-1) or (b) [48.051(b)], if applicable, by
0.008, for the district's maintenance and operations tax effort
that exceeds the amount of tax effort described by Subdivision (1).
SECTION 3. This Act takes effect September 1, 2023.