| 1 | 1 | | 2023S0282-T 03/09/23 |
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| 2 | 2 | | By: Hinojosa S.B. No. 2312 |
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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 authority of the commissioner of education to |
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| 8 | 8 | | resolve unintended consequences from school finance formulas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 48.011, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) Subject to Subsections (b) and (d), the commissioner may |
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| 13 | 13 | | adjust a school district's funding entitlement under this chapter |
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| 14 | 14 | | if the funding formulas used to determine the district's |
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| 15 | 15 | | entitlement result in an unanticipated loss or gain for a district. |
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| 16 | 16 | | (a-1) The commissioner may modify dates relating to the |
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| 17 | 17 | | adoption of a school district's maintenance and operations tax rate |
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| 18 | 18 | | and, if applicable, an election required for the district to adopt |
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| 19 | 19 | | that rate as necessary to implement the changes made by H.B. 3, 86th |
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| 20 | 20 | | Legislature, Regular Session, 2019. |
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| 21 | 21 | | (b) Before making an adjustment under Subsection (a) or |
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| 22 | 22 | | (a-1), the commissioner shall notify and must receive approval from |
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| 23 | 23 | | the Legislative Budget Board and the office of the governor. |
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| 24 | 24 | | (c) If the commissioner makes an adjustment under |
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| 25 | 25 | | Subsection (a), the commissioner must provide to the legislature an |
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| 26 | 26 | | explanation regarding the changes necessary to resolve the |
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| 27 | 27 | | unintended consequences. |
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| 28 | 28 | | (d) Beginning with the [2021-2022] 2023-2024 school year, |
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| 29 | 29 | | the commissioner may not make an adjustment under Subsection (a) or |
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| 30 | 30 | | (a-1). |
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| 31 | 31 | | (e) This section expires September 1, [2023] 2025. |
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| 32 | 32 | | SECTION 2. The changes enacted by this Act apply beginning |
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| 33 | 33 | | with the 2023-2024 school year. |
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| 34 | 34 | | SECTION 3. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2023. |
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