1 | 1 | | 88R7763 MEW-D |
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2 | 2 | | By: Hinojosa H.B. No. 4586 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the basic allotment and guaranteed yield under the |
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8 | 8 | | Foundation School Program and compensation increases for public |
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9 | 9 | | school employees. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 48.051, Education Code, is amended by |
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12 | 12 | | amending Subsections (a), (c), and (c-1) and adding Subsections |
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13 | 13 | | (a-1), (c-3), and (c-4) to read as follows: |
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14 | 14 | | (a) Subject to adjustment under Subsection (a-1), for [For] |
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15 | 15 | | each student in average daily attendance, not including the time |
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16 | 16 | | students spend each day in special education programs in an |
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17 | 17 | | instructional arrangement other than mainstream or career and |
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18 | 18 | | technology education programs, for which an additional allotment is |
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19 | 19 | | made under Subchapter C, a district is entitled to an allotment |
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20 | 20 | | equal to the lesser of $7,075 [$6,160] or the amount that results |
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21 | 21 | | from the following formula: |
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22 | 22 | | A = $7,075 [$6,160] X TR/MCR |
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23 | 23 | | where: |
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24 | 24 | | "A" is the allotment to which a district is entitled; |
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25 | 25 | | "TR" is the district's tier one maintenance and operations |
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26 | 26 | | tax rate, as provided by Section 45.0032; and |
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27 | 27 | | "MCR" is the district's maximum compressed tax rate, as |
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28 | 28 | | determined under Section 48.2551. |
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29 | 29 | | (a-1) Beginning with the 2024-2025 school year, the basic |
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30 | 30 | | allotment provided to a district under Subsection (a) or (b) is |
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31 | 31 | | adjusted annually to increase the allotment by the amount that |
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32 | 32 | | results from applying the inflation rate, as determined by the |
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33 | 33 | | comptroller on the basis of changes in the Consumer Price Index for |
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34 | 34 | | All Urban Consumers published by the Bureau of Labor Statistics of |
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35 | 35 | | the United States Department of Labor, to the allotment for the |
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36 | 36 | | preceding school year. |
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37 | 37 | | (c) During any school year for which the maximum amount of |
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38 | 38 | | the basic allotment provided under Subsection (a), (a-1), or (b) is |
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39 | 39 | | greater than the maximum amount provided for the preceding school |
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40 | 40 | | year, a school district must use at least 75 [30] percent of the |
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41 | 41 | | amount, if the amount is greater than zero, that equals the product |
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42 | 42 | | of the average daily attendance of the district multiplied by the |
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43 | 43 | | amount of the difference between the district's funding under this |
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44 | 44 | | chapter per student in average daily attendance for the current |
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45 | 45 | | school year and the preceding school year to provide compensation |
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46 | 46 | | increases to full-time district employees other than |
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47 | 47 | | administrators as follows: |
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48 | 48 | | (1) 50 [75] percent must be used to increase the |
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49 | 49 | | compensation paid to classroom teachers, full-time librarians, |
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50 | 50 | | full-time school counselors certified under Subchapter B, Chapter |
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51 | 51 | | 21, and full-time school nurses, prioritizing differentiated |
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52 | 52 | | compensation for classroom teachers with more than five years of |
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53 | 53 | | experience; and |
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54 | 54 | | (2) 25 percent must [may] be used [as determined by the |
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55 | 55 | | district] to increase compensation paid to [full-time] district |
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56 | 56 | | employees other than employees described by Subdivision (1). |
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57 | 57 | | (c-1) A school district employee who received a salary or |
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58 | 58 | | wage increase under this section [Subsection (c) from a school |
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59 | 59 | | district] for the 2023-2024 [2019-2020] school year is, as long as |
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60 | 60 | | the employee remains employed by the same school district and the |
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61 | 61 | | district is receiving at least the same amount of funding as the |
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62 | 62 | | amount of funding the district received for the 2023-2024 |
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63 | 63 | | [2019-2020] school year, entitled to salary or wages that is at |
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64 | 64 | | least equal to the salary or wages the employee received for the |
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65 | 65 | | 2023-2024 [2019-2020] school year. [This subsection does not |
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66 | 66 | | apply if the board of trustees of the school district at which the |
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67 | 67 | | employee is employed: |
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68 | 68 | | [(1) complies with Sections 21.4021, 21.4022, and |
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69 | 69 | | 21.4032 in reducing the employee's salary; and |
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70 | 70 | | [(2) has adopted a resolution declaring a financial |
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71 | 71 | | exigency for the district under Section 44.011.] |
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72 | 72 | | (c-3) Notwithstanding Subsection (c), for the 2023-2024 |
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73 | 73 | | school year, a school district shall use at least 75 percent of the |
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74 | 74 | | amount that equals the product of the average daily attendance of |
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75 | 75 | | the district multiplied by the amount of the difference between the |
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76 | 76 | | district's funding under this chapter per student in average daily |
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77 | 77 | | attendance for the 2023-2024 school year and the 2022-2023 school |
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78 | 78 | | year to provide compensation increases to full-time district |
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79 | 79 | | employees other than administrators as follows: |
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80 | 80 | | (1) 50 percent must be used to increase the salary paid |
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81 | 81 | | to each classroom teacher, full-time librarian, full-time school |
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82 | 82 | | counselor certified under Subchapter B, Chapter 21, and full-time |
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83 | 83 | | school nurse employed by the district in the 2022-2023 school year |
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84 | 84 | | by: |
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85 | 85 | | (A) at least $10,000; or |
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86 | 86 | | (B) if the amount that a district must allocate |
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87 | 87 | | to provide the salary increases under this subdivision is |
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88 | 88 | | insufficient to provide the increase described by Paragraph (A), |
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89 | 89 | | the maximum amount by which the district may equally increase the |
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90 | 90 | | salary of each classroom teacher, full-time librarian, full-time |
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91 | 91 | | school counselor certified under Subchapter B, Chapter 21, and |
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92 | 92 | | full-time school nurse employed by the district in the 2022-2023 |
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93 | 93 | | school year; and |
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94 | 94 | | (2) 25 percent must be used to increase the salary or |
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95 | 95 | | wages of each district employee other than an employee described by |
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96 | 96 | | Subdivision (1) employed by the district in the 2022-2023 school |
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97 | 97 | | year by: |
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98 | 98 | | (A) at least 15 percent; or |
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99 | 99 | | (B) if the amount that a district must allocate |
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100 | 100 | | to provide the salary or wage increases under this subdivision is |
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101 | 101 | | insufficient to provide the increase described by Paragraph (A), |
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102 | 102 | | the maximum percentage increase that may be applied equally to |
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103 | 103 | | increase the salary or wages of each district employee other than an |
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104 | 104 | | employee described by Subdivision (1) employed by the district in |
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105 | 105 | | the 2022-2023 school year. |
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106 | 106 | | (c-4) Subsection (c-3) and this subsection expire September |
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107 | 107 | | 1, 2024. |
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108 | 108 | | SECTION 2. Section 48.202(a-1), Education Code, is amended |
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109 | 109 | | to read as follows: |
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110 | 110 | | (a-1) For purposes of Subsection (a), the dollar amount |
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111 | 111 | | guaranteed level of state and local funds per weighted student per |
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112 | 112 | | cent of tax effort ("GL") for a school district is: |
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113 | 113 | | (1) the greater of the amount of district tax revenue |
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114 | 114 | | per weighted student per cent of tax effort available to a school |
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115 | 115 | | district at the 96th percentile of wealth per weighted student or |
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116 | 116 | | the amount that results from multiplying 7,075 [6,160], or the |
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117 | 117 | | greater amount provided under Section 48.051(a-1) or (b) |
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118 | 118 | | [48.051(b)], if applicable, by 0.016, for the first eight cents by |
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119 | 119 | | which the district's maintenance and operations tax rate exceeds |
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120 | 120 | | the district's tier one tax rate; and |
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121 | 121 | | (2) subject to Subsection (f), the amount that results |
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122 | 122 | | from multiplying $7,075 [$6,160], or the greater amount provided |
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123 | 123 | | under Section 48.051(a-1) or (b) [48.051(b)], if applicable, by |
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124 | 124 | | 0.008, for the district's maintenance and operations tax effort |
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125 | 125 | | that exceeds the amount of tax effort described by Subdivision (1). |
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126 | 126 | | SECTION 3. This Act takes effect September 1, 2023. |
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