By:  Holzheauser                                       H.B. No. 348
       73R1723 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the guaranteed yield component of the foundation school
    1-3  program.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 16.302, Education Code, is amended by
    1-6  adding Subsection (c) to read as follows:
    1-7        (c)  The Central Education Agency shall adjust the formula
    1-8  provided by Subsection (a) of this section as necessary so that a
    1-9  district that transfers students under Section 21.082 of this code
   1-10  is guaranteed the same allotment as it would have been guaranteed
   1-11  if its transferring students were counted in its average daily
   1-12  attendance.  The district to which the students transfer may not
   1-13  receive an allotment under this section for the transferring
   1-14  students but may require the district transferring the students to
   1-15  pay the amount the receiving district would have received if the
   1-16  transferring students were counted in its average daily attendance
   1-17  for purposes of this section.
   1-18        SECTION 2.  Section 21.062, Education Code, is amended to
   1-19  read as follows:
   1-20        Sec. 21.062.  Transfer of State Funds.  Upon the filing and
   1-21  certification of the transfer of any such child in the manner
   1-22  timely and in the form prescribed by regulations of the State Board
   1-23  of Education, the state per capita apportionment shall transfer
   1-24  with the child; and, except as provided by Section 16.302(c) of
    2-1  this code, for purposes of computing state allotments to districts
    2-2  eligible under the Foundation School Program Act, the attendance of
    2-3  the child prior to the date of transfer shall be counted by the
    2-4  transfer sending district and the attendance of the child after the
    2-5  date of transfer shall be counted by the transfer receiving
    2-6  district.
    2-7        SECTION 3.  Section 21.082(a), Education Code, is amended to
    2-8  read as follows:
    2-9        (a)  A school district that does not offer each grade level
   2-10  from kindergarten through grade 12 may provide by contract for
   2-11  students residing in the district who are at grade levels not
   2-12  offered by the district to be educated at those grade levels in one
   2-13  or more other accredited districts.  Except as provided by Section
   2-14  16.302(c) of this code, in <In> each contract, the districts also
   2-15  shall agree to the transfer of school funds or other payments
   2-16  proportionate to the transfer of attendance.
   2-17        SECTION 4.  This Act applies beginning with the 1993-1994
   2-18  school year.
   2-19        SECTION 5.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.