2023S0282-T 03/09/23
By: Hinojosa S.B. No. 2312
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the commissioner of education to
resolve unintended consequences from school finance formulas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 48.011, Education Code, is amended to
read as follows:
(a) Subject to Subsections (b) and (d), the commissioner may
adjust a school district's funding entitlement under this chapter
if the funding formulas used to determine the district's
entitlement result in an unanticipated loss or gain for a district.
(a-1) The commissioner may modify dates relating to the
adoption of a school district's maintenance and operations tax rate
and, if applicable, an election required for the district to adopt
that rate as necessary to implement the changes made by H.B. 3, 86th
Legislature, Regular Session, 2019.
(b) Before making an adjustment under Subsection (a) or
(a-1), the commissioner shall notify and must receive approval from
the Legislative Budget Board and the office of the governor.
(c) If the commissioner makes an adjustment under
Subsection (a), the commissioner must provide to the legislature an
explanation regarding the changes necessary to resolve the
unintended consequences.
(d) Beginning with the [2021-2022] 2023-2024 school year,
the commissioner may not make an adjustment under Subsection (a) or
(a-1).
(e) This section expires September 1, [2023] 2025.
SECTION 2. The changes enacted by this Act apply beginning
with the 2023-2024 school year.
SECTION 3. 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, 2023.