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A BILL TO BE ENTITLED
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AN ACT
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relating to state fiscal matters related to public education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF FEES OR |
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CHARGES GENERALLY |
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SECTION 1.01. This article applies to the Texas Education |
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Agency, the Texas School for the Blind and Visually Impaired, the |
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Texas School for the Deaf, and the Teacher Retirement System of |
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Texas. |
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SECTION 1.02. Notwithstanding any other statute of this |
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state, each entity to which this article applies is authorized to |
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reduce or recover expenditures by: |
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(1) consolidating any reports or publications the |
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entity is required to make and filing or delivering any of those |
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reports or publications exclusively by electronic means; |
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(2) extending the effective period of any license, |
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permit, or registration the entity grants or administers; |
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(3) entering into a contract with another governmental |
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entity or with a private vendor to carry out any of the entity's |
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duties; |
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(4) modifying the services provided to and the |
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eligibility requirements, including the procedures to determine |
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eligibility, for persons who receive benefits under any federal or |
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state law the entity administers to ensure that those benefits are |
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received by the most deserving persons consistent with the purposes |
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for which the benefits are provided; |
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(5) providing that any communication between the |
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entity and another person and any document required to be delivered |
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to or by the entity, including any application, notice, billing |
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statement, receipt, or certificate, may be made or delivered by |
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e-mail or through the Internet; and |
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(6) adopting and collecting fees or charges to cover |
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any costs the entity incurs in performing its lawful functions. |
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ARTICLE 2. REDUCTION IN GENERAL APPROPRIATIONS ACT |
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SECTION 2.01. An employee of an entity described by Section |
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1.01 of this Act is not entitled to an amount from the state for |
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expenses, including office expenses or reimbursement of office |
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expenses, per diem, travel, or a salary or salary supplement that |
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exceeds the amount authorized for those purposes by the General |
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Appropriations Act. |
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ARTICLE 3. FISCAL MATTERS RELATED TO PUBLIC EDUCATION |
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SECTION 3.01. Section 21.4021(a), Education Code, is |
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amended to read as follows: |
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(a) Notwithstanding Section 21.401 and subject to Section |
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21.4022, the board of trustees of a school district may, in |
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accordance with district policy, implement a furlough program and |
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reduce the number of days of service otherwise required under |
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Section 21.401 by not more than seven [six] days of service during a |
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school year if the commissioner certifies in accordance with |
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Section 48.010 that the district will be provided with less state |
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and local funding for that year than was provided to the district |
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for the 2020-2021 [2010-2011] school year. |
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SECTION 3.02. Section 25.112(a), Education Code, is amended |
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to read as follows: |
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(a) Except as otherwise authorized by this section, a school |
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district may not enroll more than 22 students in [a] kindergarten, |
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first, second, third, and [or] fourth grade classes [class]. That |
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limitation does not apply during: |
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(1) any 12-week period of the school year selected by |
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the district, in the case of a district whose average daily |
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attendance is adjusted under Section 48.005(c); or |
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(2) the last 12 weeks of any school year in the case of |
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any other district. |
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SECTION 3.03. Section 48.010, Education Code, is amended to |
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read as follows: |
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Sec. 48.010. DETERMINATION OF FUNDING LEVELS. (a) Not |
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later than July 1 of each year, the commissioner shall determine for |
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each school district whether the estimated amount of state and |
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local funding per student in weighted average daily attendance to |
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be provided to the district under the Foundation School Program for |
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maintenance and operations for the following school year is less |
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than the amount provided to the district for the 2020-2021 |
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[2010-2011] school year. If the amount estimated to be provided is |
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less, the commissioner shall certify the percentage decrease in |
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funding to be provided to the district. |
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(b) In making the determinations regarding funding levels |
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required by Subsection (a), the commissioner shall: |
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(1) make adjustments as necessary to reflect changes |
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in a school district's maintenance and operations tax rate; |
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(2) for a district required to reduce its local |
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revenue level under Section 48.257, base the determinations on the |
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district's net funding levels after deducting any amounts required |
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to be expended by the district to comply with Chapter 49; and |
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(3) determine a district's weighted average daily |
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attendance in accordance with this chapter as it existed on January |
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1, 2021 [2011]. |
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SECTION 3.04. Section 21.402(c-1), Education Code, is |
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repealed. |
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SECTION 3.05. This article applies beginning with the |
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2021-2022 school year. |
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ARTICLE 4. FISCAL MATTERS CONCERNING RETIRED TEACHERS |
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SECTION 4.01. Section 825.404(b), Government Code, is |
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amended to read as follows: |
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(b) Before November 15 [2] of each even-numbered year, the |
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board of trustees, in coordination with the Legislative Budget |
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Board, shall certify to the comptroller of public accounts for |
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review and adoption an estimate of the amount necessary to pay the |
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state's contributions to the retirement system for the following |
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biennium. For qualifying employees under Subsection (a-1)(1), the |
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board of trustees shall include only the amount payable by the state |
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under Subsection (a-1)(1) in determining the amount to be |
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certified. |
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SECTION 4.02. Section 1575.202(a), Insurance Code, is |
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amended to read as follows: |
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(a) Each state fiscal year, the state shall contribute to |
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the fund an amount equal to 1.23 [1.25] percent of the salary of |
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each active employee. |
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SECTION 4.03. The changes in law made by this article apply |
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beginning with the state fiscal year that begins September 1, 2021. |
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ARTICLE 5. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT |
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SECTION 5.01. (a) Section 28.053(i), Education Code, is |
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amended to read as follows: |
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(i) The commissioner shall analyze and adjust, as needed, |
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the sum of and number of awards to ensure that the purpose of the |
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program is realized and to account for any budgetary constraints. |
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(b) This section applies beginning with the 2021-2022 |
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school year. |
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ARTICLE 6. EFFECTIVE DATE |
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SECTION 6.01. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |