LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
 
May 13, 2021

TO:
Honorable Larry Taylor, Chair, Senate Committee on Education
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB1525 by Huberty (Relating to the public school finance system.), As Engrossed


Estimated Two-year Net Impact to General Revenue Related Funds for HB1525, As Engrossed : a negative impact of ($443,602,412) through the biennium ending August 31, 2023.

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year Probable Net Positive/(Negative) Impact to
General Revenue Related Funds
2022($173,484,708)
2023($270,117,704)
2024($288,306,367)
2025($338,222,767)
2026($380,777,266)

All Funds, Five-Year Impact:

Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
Probable Savings/(Cost) from
Foundation School Fund
193
Probable Revenue Gain/(Loss) from
Recapture Payments Atten Crdts
8905

Change in Number of State Employees from FY 2021
2022($201,052)($173,283,656)($109,270,924)1.0
2023($378,453)($269,739,251)($124,898,420)1.0
2024($106,351)($288,200,016)($118,399,026)1.0
2025($106,351)($338,116,416)($113,883,325)1.0
2026($106,351)($380,670,915)($108,905,401)1.0


Fiscal Analysis

The bill would amend Section 39.053(g-4) of the Education Code to exclude students from the computation of dropout and completion rates if the student received interventions from the district as described in Section 26.004.

The bill would amend Section 48.110(f) of the Education Code by counting students who earn an associate's degree while attending high school or during a time period established by the Commissioner for purposes of calculating the College, Career, and Military Readiness Outcomes Bonus (CCMR).

The bill would amend the Career and Technology Education Allotment by changing to base it on the sum of Basic Allotment and the Small and Mid-Sized Allotment. The bill would alter the weighted formula for the Career and Technology Education Allotment by creating three weights based on whether the course taken is in an approved program of study for the Career and Technology Education allotment.

This bill would alter the weighted formula and the criteria to receive the Fast Growth Allotment found in Section 48.111 of the Education Code. The Fast Growth Allotment would be based on the number of enrolled students added over six years over 250 rather than average daily attendance for qualifying districts. The allotment would be based on 0.3 multiplied by the Basic Allotment for each enrolled student over 250 students in fiscal year 2022; the weight would increase to 0.348 in fiscal year 2023, and 0.35 in subsequent years.

The Fast Growth Allotment would be capped at $270 million in fiscal year 2022, $310 million in fiscal year 2023, $315 million in fiscal year 2024, and $320 million in subsequent years,and districts would receive a prorated allotment if the allotments under this Section exceeded that amount.

The bill would provide for districts which received the Fast Growth Allotment in fiscal year 2020, but who were not entitled to the allotment in fiscal year 2022 to receive the amount they were entitled to in fiscal year 2020. This portion of the Fast Growth Allotment would be limited to $40 million, and districts would receive a prorated allotment if the allotments under this Section exceeded that amount.

The bill would amend the section 48.257(c) of the Education Code, allowing districts to net state aid received against recapture.

The bill would provide for a reduction in recapture, in the amount of the Teacher Incentive Allotment under Section 48.112, for any district to which Section 48.257(b) applies. An adjustment under this Section would not be included in calculating a districts revenue under Section 48.277of the Education Code.

The bill would amend subchapter A, Chapter 49 of the Education Code by adding Section 49.0041. Any district that did not receive formal notification of excess local revenue status under 49.004(a) of the Education Code, but would have otherwise been subject to local revenue in excess of entitlement provisions, would have that excess local revenue added to any amount subject to recapture in the following school year for the applicable district.

 

This bill would amend Section 11.26 of the Tax Code to apply tax rate compression as calculated under Section 48.2551 of the Education Code to over 65 and disabled who had tax limitations (tax ceilings) on their residence homesteads. This provision would require the passage of a constitutional amendment.

 

The bill would repeal Section 48.0051(a-1) of the Education Code which would authorize eligible districts to qualify for both the additional school days funding and funding under Section 48.252, which applies to districts which contract with charter schools to run district campuses.

Methodology

This analysis assumes that the cost to the Foundation School Program of the provisions of the bill would result in a state cost for the Foundation School Program of $173,383,656 for fiscal year 2022 and $269,839,251 for fiscal year 2023, increasing to $380,770,915 in fiscal year 2026, primarily related to changes the bill would make in Career and Technology Education Allotment, the adjustment to recapture for Teacher Incentive Allotment, the Fast Growth Allotment, and the amendment to Section 11.26 of the Tax Code.


TEA estimates requiring districts to pay any applicable recapture costs in the subsequent year if a district was not notified under Section 49.004(a) of the Education Code would result in a savings to the state of $2.7 million per year.

 

Section 22 of the bill would expand the opportunities for a district subject to recapture to net its recapture payment against state aid. Based on information provided by TEA, this would have the impact of reducing recapture revenue by $109,270,924 in fiscal year 2022, $127,686,496 in fiscal year 2023.

 

The bill would repeal Section 48.0051(a-1) which TEA estimates would cost of $2.6 million per year for this provision of the bill.

 

TEA anticipates an administrative cost of one Financial Analyst III FTE. TEA estimates the salary for the FTE to be $77,862 per fiscal year, related benefits to be $26,489 per fiscal year, and other operating expenses related to the FTE to be $6,000 in fiscal year 2022 and $2,000 per year in subsequent years.



Technology

TEA estimates total data costs of $90,701 in fiscal year 2022 and $272,102 in fiscal year 2023 to update their IT systems to incorporate additional data required to implement the bill.



Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
304 Comptroller of Public Accounts, 320 Texas Workforce Commission, 323 Teacher Retirement System, 701 Texas Education Agency
LBB Staff:
JMc, SL, AH, CPA