By:  Rabuck                                           H.B. No. 1840
       72S40083 CAE-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to financing public schools.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 16.001 and 16.002, Education Code, are
    1-5  amended to read as follows:
    1-6        Sec. 16.001.  State Policy.  <(a)>  It is the policy of the
    1-7  State of Texas that the provision of public education is a state
    1-8  responsibility and that a thorough <and efficient> system be
    1-9  provided and <substantially> financed through state revenue sources
   1-10  so that each student enrolled in the public school system shall
   1-11  have access to programs and services that are appropriate to his or
   1-12  her basic educational needs <and that are substantially equal to
   1-13  those available to any similar student, notwithstanding varying
   1-14  local economic factors>.
   1-15        <(b)  The public school finance system of the State of Texas
   1-16  shall adhere to a standard of neutrality which provides for
   1-17  substantially equal access to similar revenue per student at
   1-18  similar tax effort, considering all state and local tax revenues of
   1-19  districts after acknowledging all legitimate student and district
   1-20  cost differences.>
   1-21        Sec. 16.002.  Purpose of Foundation School Program.  <(a)>
   1-22  The purpose <purposes> of the Foundation School Program set forth
   1-23  in this chapter is <are> to guarantee that each school district in
   1-24  the state has<:>
    2-1              <(1)>  adequate resources to provide each eligible
    2-2  student a basic instructional program and facilities suitable to
    2-3  the student's educational needs<; and>
    2-4              <(2)  access to a substantially equalized program of
    2-5  financing in excess of basic costs for certain services, as
    2-6  provided by this chapter.>
    2-7        <(b)  The Foundation School Program consists of two tiers to
    2-8  provide for the purposes specified by Subsection (a) of this
    2-9  section.  The first tier guarantees sufficient financing for all
   2-10  school districts to provide a basic program of education that meets
   2-11  accreditation and other legal standards.  The second tier provides
   2-12  a guaranteed yield system of financing to provide all school
   2-13  districts with substantially equal access to funds to provide an
   2-14  enriched program and additional funds for facilities>.
   2-15        SECTION 2.  Section 16.007(a), Education Code, is amended to
   2-16  read as follows:
   2-17        (a)  Each school district <and each county education
   2-18  district> shall participate in the Public Education Information
   2-19  Management System (PEIMS) and shall provide through that system
   2-20  information required for the administration of this chapter and of
   2-21  other appropriate provisions of this code.
   2-22        SECTION 3.  Subchapter C, Chapter 16, Education Code, is
   2-23  amended to read as follows:
   2-24        SUBCHAPTER C.  <BASIC> ENTITLEMENT FOR CORE CURRICULUM
   2-25        Sec. 16.101.  Basic Allotment.  A  <For each student in
   2-26  average daily attendance, not including the time students spend
   2-27  each day in special education or vocational education programs for
    3-1  which an additional allotment is made under Subchapter D of this
    3-2  chapter, a> district is entitled to an allotment in an amount
    3-3  sufficient to pay for the entire cost to the district of offering
    3-4  the core curriculum as provided by Section 16.102 of this code <of
    3-5  $2,200 for the 1991-1992 school year, $2,400 for the 1992-1993
    3-6  school year, $2,600 for the 1993-1994 school year, and $2,800 for
    3-7  the 1994-1995 school year and thereafter or a greater amount
    3-8  adopted by the foundation school fund budget committee under
    3-9  Section 16.256 of this code for the 1993-1994 school year and each
   3-10  school year thereafter>.  A greater amount for any school year may
   3-11  be provided by appropriation.
   3-12        Sec. 16.102.  CORE CURRICULUM <COST OF EDUCATION ADJUSTMENT>.
   3-13  (a)  The Central Education Agency shall develop a core curriculum
   3-14  that will provide all students with a basic education.  The agency
   3-15  shall submit the curriculum to the State Board of Education for
   3-16  approval not later than August 1 of each even-numbered year.  The
   3-17  State Board of Education shall adopt a core curriculum not later
   3-18  than September 1 of each even-numbered year.  The core curriculum
   3-19  must be offered by every district receiving funds under this
   3-20  chapter.  The State Board of Education shall evaluate and, if
   3-21  necessary, amend the elements of the curriculum not later than
   3-22  September 1 of every even-numbered year <basic allotment for each
   3-23  district is adjusted to reflect the geographic variation in known
   3-24  resource costs and costs of education due to factors beyond the
   3-25  control of the school district.  Except as provided by this
   3-26  section, the adjustment is that provided under Section 16.206 of
   3-27  this code>.
    4-1        (b)  The core curriculum adopted by the State Board of
    4-2  Education under Subsection (a) of this section must include
    4-3  elements sufficient to provide every student with a basic education
    4-4  as required by Section 16.001 of this chapter <adjustment for the
    4-5  1991-1992 and 1992-1993 school years is the cost of education index
    4-6  and formula adopted in December 1990 by the foundation school fund
    4-7  budget committee.  For the 1991-1992 and 1992-1993 school years,
    4-8  the commissioner of education shall recalculate the cost of
    4-9  education index for school districts that are eligible for the
   4-10  adjustment under Section 16.103 of this code, excluding from the
   4-11  computation the calculation for the diseconomies of scale component
   4-12  and substituting a value of 1.00.  This subsection expires
   4-13  September 1, 1993>.
   4-14        (c)  The agency shall determine the cost for all school
   4-15  districts to provide the core curriculum and the cost to provide
   4-16  the facilities needed for the core curriculum and shall submit that
   4-17  amount to the comptroller of public accounts not later than
   4-18  November 1 of each even-numbered year.  If the core curriculum can
   4-19  be financed by the amount certified to the comptroller for the
   4-20  foundation school fund under Section 16.256(b) of this code, the
   4-21  comptroller shall certify the core curriculum.  If the curriculum
   4-22  cannot be completely financed by that amount, the comptroller shall
   4-23  return the curriculum to the agency with instructions to amend the
   4-24  elements of the curriculum to reduce the cost to an amount
   4-25  available through the foundation school fund.
   4-26        Sec. 16.103.  LOCAL ENRICHMENT.  A school district may tax
   4-27  local property as provided by Chapter 20 of this code for programs
    5-1  and facilities approved by the Central Education Agency.  The
    5-2  agency must approve or disapprove the use of the tax not later than
    5-3  the 30th day after the date the school district submits the
    5-4  proposed use of the tax to the agency.  <SMALL DISTRICT ADJUSTMENT.
    5-5  (a)  The basic allotment for certain small districts is adjusted in
    5-6  accordance with Subsections (b) and (c) of this section.  In this
    5-7  section:>
    5-8              <(1)  "AA" is the district's adjusted allotment per
    5-9  student;>
   5-10              <(2)  "ADA" is the number of students in average daily
   5-11  attendance for which the district is entitled to an allotment under
   5-12  Section 16.101 of this code; and>
   5-13              <(3)  "ABA" is the adjusted basic allotment determined
   5-14  under Section 16.102 of this code.>
   5-15        <(b)  The average daily attendance of a school district that
   5-16  contains at least 300 square miles and has not more than 1,600
   5-17  students in average daily attendance is adjusted by applying the
   5-18  formula:>
   5-19        <(c)  The average daily attendance of a school district that
   5-20  contains less than 300 square miles and has not more than 1,600
   5-21  students in average daily attendance is adjusted by applying the
   5-22  formula:>
   5-23        <(e)  This section expires September 1, 1993.>
   5-24        <Sec. 16.1031.  USE OF SMALL DISTRICT ADJUSTMENTS IN
   5-25  CALCULATING SPECIAL ALLOTMENTS.  In determining the amount of a
   5-26  special allotment under Subchapter D of this chapter for a district
   5-27  to which Section 16.103 of this code applies, a district's adjusted
    6-1  basic allotment is considered to be the district's adjusted
    6-2  allotment determined under Section 16.103.  This section expires
    6-3  September 1, 1993.>
    6-4        <Sec. 16.104.  SPARSITY ADJUSTMENT.  Notwithstanding Sections
    6-5  16.101, 16.102, and 16.103 of this code, a school district that has
    6-6  fewer than 130 students in average daily attendance shall be
    6-7  provided an adjusted basic allotment on the basis of 130 average
    6-8  daily attendance if it offers a kindergarten through grade 12
    6-9  program and has prior or current year's average daily attendance of
   6-10  at least 90 students or is 30 miles or more by bus route from the
   6-11  nearest high school district.  A district offering a kindergarten
   6-12  through grade 8 program whose prior or current year's average daily
   6-13  attendance was at least 50 students or which is 30 miles or more by
   6-14  bus route from the nearest high school district shall be provided
   6-15  an adjusted basic allotment on the basis of 75 average daily
   6-16  attendance.  An average daily attendance of 60 students shall be
   6-17  the basis of providing the adjusted basic allotment if a district
   6-18  offers a kindergarten through grade 6 program and has prior or
   6-19  current year's average daily attendance of at least 40 students or
   6-20  is 30 miles or more by bus route from the nearest high school
   6-21  district.  This section expires September 1, 1993.>
   6-22        SECTION 4.  The heading of Subchapter F, Chapter 16,
   6-23  Education Code, is amended to read as follows:
   6-24    SUBCHAPTER F.  ACCOUNTABLE COSTS OF CORE CURRICULUM <EDUCATION>
   6-25        SECTION 5.  Sections 16.201, 16.202, and 16.205, Education
   6-26  Code, are amended to read as follows:
   6-27        Sec. 16.201.  Purpose.  The accountable costs of core
    7-1  curriculum study is <education studies are> designed to support the
    7-2  development of the <equalized> funding elements necessary to
    7-3  provide an efficient state <and local public> school finance system
    7-4  which meets the state policy established in Section 16.001 of this
    7-5  code and provides the research basis for the <equalized> funding
    7-6  <elements under the provisions of Section 16.256 of this code>.
    7-7        Sec. 16.202.  STUDY <Studies>.  (a)  On a biennial basis, the
    7-8  Legislative Education Board and the Legislative Budget Board, with
    7-9  the assistance of the Educational Economic Policy Center and the
   7-10  Central Education Agency, shall complete a study of <each of the
   7-11  following studies and develop recommended amounts where appropriate
   7-12  for each year of the next biennium:>
   7-13              <(1)  a study of the fiscal neutrality of the system to
   7-14  determine the status of the state and local finance system with
   7-15  regard to the policies established under the provisions of Section
   7-16  16.001 of this code, including recommendations for adjustments
   7-17  necessary to maintain fiscal neutrality;>
   7-18              <(2)>  the accountable costs per student <to school
   7-19  districts> of providing basic educational programs, personnel,
   7-20  facilities, and other operating costs that meet <accreditation>
   7-21  criteria of the core curriculum <and the provisions of law and
   7-22  regulation;>
   7-23              <(3)  program cost differentials designed by program to
   7-24  provide support for the added expense of high cost courses or
   7-25  programs for students participating in such courses or programs,
   7-26  with the program funding level expressed as dollar amounts and as
   7-27  weights applied to the adjusted basic allotment for the appropriate
    8-1  year;>
    8-2              <(4)  transportation and career ladder allotments;>
    8-3              <(5)  the levels of tax effort necessary for each tier
    8-4  of the Foundation School Program necessary to fulfill the
    8-5  requirements of Sections 16.001 and 16.008 of this code; and>
    8-6              <(6)  capital outlay and debt service requirements and
    8-7  formula elements for the requirements of Subchapter I of this
    8-8  chapter or other provisions of this chapter>.
    8-9        (b)  The cost per student of providing the core curriculum
   8-10  determined under Subsection (a) of this section shall be submitted
   8-11  to the Central Education Agency not later than October 1 of each
   8-12  even-numbered year.
   8-13        Sec. 16.205.  Efficiency in Administration Report.  (a)  The
   8-14  commissioner of education shall conduct a study to determine the
   8-15  most appropriate and efficient method for reporting and monitoring
   8-16  the allocation of resources by school districts.
   8-17        (b)  The study shall identify the most effective means for
   8-18  calculating, monitoring, and reporting the proportion of resources
   8-19  that school districts allocate for their administrative costs and
   8-20  shall include administrator-teacher ratios.
   8-21        (c)  The study shall include a description of average
   8-22  efficient administrative expenditures by districts with
   8-23  consideration of district size and demographics.
   8-24        (d)  Prior to the beginning of each regular session of the
   8-25  legislature, the agency shall provide a report with recommendations
   8-26  to the Legislative Education Board and the legislature.
   8-27        (e)  The study is an element of the study of core curriculum
    9-1  <accountable> costs <of education> under this subchapter.
    9-2        SECTION 6.  Section 16.251, Education Code, is amended to
    9-3  read as follows:
    9-4        Sec. 16.251.  Financing; General Rule.  (a)  The sum of the
    9-5  cost of the core curriculum constitutes <basic allotment under
    9-6  Subchapter C, the special allotments under Subchapter D, and the
    9-7  guaranteed yield allotments under Subchapter H, computed in
    9-8  accordance with the provisions of this chapter, constitute> the
    9-9  total cost of the Foundation School Program.
   9-10        (b)  The program shall be financed by:
   9-11              (1)  <ad valorem tax revenue generated by an equalized
   9-12  uniform county education district effort;>
   9-13              <(2)  ad valorem tax revenue generated by local school
   9-14  district effort in excess of the equalized uniform county education
   9-15  district effort;>
   9-16              <(3)>  state available school funds distributed in
   9-17  accordance with law; and
   9-18              (2) <(4)>  state funds appropriated for the purposes of
   9-19  public school education and allocated to each district in an amount
   9-20  sufficient to finance the cost of each district's Foundation School
   9-21  Program <not covered by other funds specified in this subsection>.
   9-22        <(c)  The commissioner of education shall compute for each
   9-23  school district the total amount, if any, by which the district's
   9-24  total revenue is reduced from one school year to the next because
   9-25  of a change in the method of finance under this chapter.  The
   9-26  commissioner shall certify the amount of the reduction to the
   9-27  school district for use in determining the school district's
   10-1  rollback rate under Section 26.08, Tax Code.>
   10-2        SECTION 7.  Sections 16.254(a), (b), and (d), Education Code,
   10-3  are amended to read as follows:
   10-4        (a)  The commissioner of education shall determine annually:
   10-5              (1)  the amount of money necessary to operate a
   10-6  Foundation School Program in each school district; and
   10-7              (2)  <the amount of local funds due the school district
   10-8  from the local fund assignment of the county education district;
   10-9  and>
  10-10              <(3)>  the amount of state available school funds
  10-11  distributed to each school district.
  10-12        (b)  The commissioner of education shall then grant to each
  10-13  school district from the Foundation School Program appropriation
  10-14  the amount of funds necessary to provide the difference between
  10-15  Subdivision (1) and Subdivision <the sum of Subdivisions> (2) <and
  10-16  (3)> of Subsection (a) of this section.
  10-17        (d)  Notwithstanding any other provision of this chapter, if
  10-18  for any year the total cost <state's share> of the Foundation
  10-19  School Program, as determine under this chapter, exceeds the total
  10-20  amount appropriated for that year, the commissioner shall reduce
  10-21  the total amount of state funds allocated to each district by an
  10-22  amount determined by a method under which the application of the
  10-23  same number of cents of increase in tax rate applied to the taxable
  10-24  value of property of each district, as determined under Section
  10-25  11.86 of this code, results in a levy for each district equal to
  10-26  the amount deducted from that district's allocation.
  10-27        SECTION 8.  Sections 11.10(r) and (s), Education Code, are
   11-1  amended to read as follows:
   11-2        (r)  Costs <Except for certain transportation costs, costs>
   11-3  of operation of the regional day school programs for the deaf shall
   11-4  be borne by the state and paid from the Foundation School Program
   11-5  Fund.  Such costs shall be considered and included by the
   11-6  Foundation School Fund Budget Committee in estimating the needs for
   11-7  purposes of the Foundation School Program and the regional day
   11-8  school programs for the deaf.  However, funds allocated to
   11-9  countywide schools shall remain so allocated except in those
  11-10  regions in which the countywide program has been made a part of the
  11-11  appropriate region, as aforesaid.   While the principal cost of
  11-12  educating deaf children shall be borne by the state, independent
  11-13  school districts and all institutions of higher learning in the
  11-14  state are hereby authorized and encouraged to make available real
  11-15  or personal property or services in cooperation with the regional
  11-16  day school programs for the deaf for any activities related to
  11-17  education and betterment of education of deaf children including
  11-18  but not limited to research and personnel training and development.
  11-19  The school district in which a regional day school is located shall
  11-20  bear the costs of transporting students in the program who live
  11-21  within the district <and is entitled to have those students counted
  11-22  in its allotment of transportation funds from the state>.  The
  11-23  regional day school program shall bear the costs of transporting
  11-24  children who live outside the district to the regional day school.
  11-25  It is the intent of the legislature in enacting this subsection
  11-26  that the use of all of the educational resources of this state be
  11-27  maximized to carry out the intent and objectives of this Act.
   12-1        (s)  Operating costs for the program in each regional day
   12-2  school program for the deaf shall be determined and paid on the
   12-3  following basis:
   12-4              (1)  An estimated allocation of $2,700 for each student
   12-5  enrolled in the program of the regional day school program for the
   12-6  deaf in any current year.
   12-7              (2)  Teachers, principals, supervisors, counselors,
   12-8  para-professional and supporting personnel shall be employed in
   12-9  such numbers as the Central Education Agency finds to be necessary
  12-10  to establish and operate the regional day school programs for the
  12-11  deaf, and such numbers shall not be less than student-professional
  12-12  ratios known to be requisite for success in education of deaf
  12-13  children.  Salaries of all personnel employed in the regional day
  12-14  school programs for the deaf shall be determined in accordance with
  12-15  policies established by the State Board of Education.
  12-16              <(3)  Local districts may receive allocations for
  12-17  transportation of students participating in the regional day school
  12-18  programs on the same basis as that provided for in Section 16.206
  12-19  of this code.>
  12-20        SECTION 9.  Section 11.29(e), Education Code, is amended to
  12-21  read as follows:
  12-22        (e)  The budget cost of operating the Central Education
  12-23  Agency which is paid from the foundation school program fund shall
  12-24  be included in the estimated cost of the Foundation School Program
  12-25  <which is computed by the State Board of Education in March of each
  12-26  year for the determination of the local fund assignment to be
  12-27  charged to each school district>.
   13-1        SECTION 10.  Section 11.32(f), Education Code, is amended to
   13-2  read as follows:
   13-3        (f)  Basic costs for the provision of regional education
   13-4  services to school districts and coordination of educational
   13-5  planning in the region and for administrative costs necessary to
   13-6  support these services shall be paid from the Foundation School
   13-7  Fund.  Each Regional Education Service Center shall receive an
   13-8  annual allotment of $200,000, with the remainder of the funds
   13-9  available under the provisions of this subsection to be allocated
  13-10  to the Regional Education Service Centers on the basis of the
  13-11  average daily attendance within the area of operation for each
  13-12  Regional Education Service Center as determined for the next
  13-13  preceding school year.  The allotment amounts here authorized to be
  13-14  granted by the State Board of Education shall not exceed in any
  13-15  year a sum equal to .45 percent multiplied by the following
  13-16  specified elements of cost <contained in the Foundation School
  13-17  Program> for the current school year:  salaries, maintenance and
  13-18  operation, vocational operating costs, transportation-regular,
  13-19  transportation-special education, transportation-vocational
  13-20  education, agency administration, other special education programs,
  13-21  vocational contract services, bilingual education, preschool
  13-22  non-English speaking, preschool deaf, compensatory education,
  13-23  driver education, and minimum aid.
  13-24        SECTION 11.  Section 11.86(a), Education Code, is amended to
  13-25  read as follows:
  13-26        (a)  The comptroller shall conduct an annual study using
  13-27  comparable sales and generally accepted auditing and sampling
   14-1  techniques to determine the total value of all taxable property in
   14-2  each <county education> school district <and each of its component
   14-3  school districts>.  The study shall determine the taxable value of
   14-4  all property and of each category of property within the district
   14-5  and the productivity value of all land that qualifies for appraisal
   14-6  on the basis of its productive capacity and for which the owner has
   14-7  applied for and received a productivity appraisal.  In conducting
   14-8  the study, the comptroller shall review the appraisal standards,
   14-9  procedures, and methodology used by each appraisal district to
  14-10  determine the taxable value of property in each school district.
  14-11  The review must test the validity of the taxable values assigned to
  14-12  each category of property by the appraisal district:
  14-13              (1)  using, if appropriate, samples selected through
  14-14  generally accepted sampling techniques; and
  14-15              (2)  according to generally accepted standard
  14-16  valuation, statistical compilation, and analysis techniques.  If
  14-17  the comptroller finds in the annual study that generally accepted
  14-18  appraisal standards and practices were used by the appraisal
  14-19  district in valuing a particular category of property, and that the
  14-20  taxable values assigned to each category of property by the
  14-21  appraisal district are valid, the appraisal roll value of that
  14-22  category of property is presumed to represent taxable value.  In
  14-23  the absence of such a presumption, the comptroller shall estimate
  14-24  the taxable value of that category of property using generally
  14-25  accepted standard valuation, statistical compilation, and analysis
  14-26  techniques.  For the purposes of this section, "taxable value"
  14-27  means market value less:
   15-1                    (1)  the total dollar amount of any exemptions of
   15-2  part but not all of the value of taxable property required by the
   15-3  constitution or a statute that a district lawfully granted in the
   15-4  year that is the subject of the study;
   15-5                    (2)  the total dollar amount of any exemptions
   15-6  granted within a reinvestment zone under agreements authorized by
   15-7  the Property Redevelopment and Tax Abatement Act (Chapter 312, Tax
   15-8  Code);
   15-9                    (3)  the total dollar amount of any captured
  15-10  appraised value of property that is located in a reinvestment zone
  15-11  and that is eligible for tax increment financing under the Tax
  15-12  Increment Financing Act (Chapter 311, Tax Code);
  15-13                    (4)  the total dollar amount of any exemptions
  15-14  granted under Section 11.251, Tax Code;
  15-15                    (5)  the difference between the market value and
  15-16  the productivity value of land that qualifies for appraisal on the
  15-17  basis of its productive capacity, except that the productivity
  15-18  value may not exceed the fair market value of the land;
  15-19                    (6)  the portion of the appraised value of
  15-20  residence homesteads of the elderly on which school district taxes
  15-21  are not imposed in the year that is the subject of the study,
  15-22  calculated as if the residence homesteads were appraised at the
  15-23  full value required by law;
  15-24                    (7)  a portion of the market value of property
  15-25  not otherwise fully taxable by the district at market value because
  15-26  of action required by statute or the Texas Constitution that, if
  15-27  the tax rate adopted by the district is applied to it, produces an
   16-1  amount equal to the difference between the tax that the district
   16-2  would have imposed on the property if the property were fully
   16-3  taxable at market value and the tax that the district is actually
   16-4  authorized to impose on the property; and
   16-5                    (8)  the market value of all tangible personal
   16-6  property, other than manufactured homes, owned by a family or
   16-7  individual and not held or used for the production of income.
   16-8        SECTION 12.  Section 14.063, Education Code, is amended to
   16-9  read as follows:
  16-10        Sec. 14.063.  Fund Administration; Technology Allotment.  (a)
  16-11  The Central Education Agency shall administer the technology fund
  16-12  and shall make annual disbursements from the technology fund.  Each
  16-13  school district is entitled to a percentage of the fund that is
  16-14  equal to the district's percentage of the total number of students
  16-15  in average daily attendance in the state
  16-16        <(b)  Each school district is entitled to an annual allotment
  16-17  for the purposes provided under Section 14.064 of this code equal
  16-18  to its> unadjusted average daily attendance <multiplied by:>
  16-19              <(1)  $30 for the 1992-1993 school year, or a greater
  16-20  amount provided by appropriation;>
  16-21              <(2)  $35 for the 1993-1994 school year, or a greater
  16-22  amount provided by appropriation;>
  16-23              <(3)  $40 for the 1994-1995 school year, or a greater
  16-24  amount provided by appropriation;>
  16-25              <(4)  $45 for the 1995-1996 school year, or a greater
  16-26  amount provided by appropriation; and>
  16-27              <(5)  $50 for the 1996-1997 school year and for each
   17-1  school year thereafter, or a greater amount provided by
   17-2  appropriation>.
   17-3        (b) <(c)  The cost of the technology allotment is shared by
   17-4  the state and district in the same percentages as the district's
   17-5  Foundation School Program under Chapter 16 of this code.  The
   17-6  state's share is paid from the technology fund.>
   17-7        <(d)>  The State Board of Education shall establish rules for
   17-8  the administration of this section.  The rules shall provide that
   17-9  the equipment purchased shall meet the standards established under
  17-10  this chapter.
  17-11        <(e)  If an insufficient amount is available in the fund for
  17-12  the state's share of the allotments under Subsection (b) of this
  17-13  section, the agency shall reduce each district's allotment by
  17-14  application of the formula adopted under Section 16.254(d) of this
  17-15  code.>
  17-16        SECTION 13.  Sections 20.04(b) and (d), Education Code, are
  17-17  amended to read as follows:
  17-18        (b)  In each proposition submitted to authorize the issuance
  17-19  of bonds there shall be included the question of whether the
  17-20  governing board or commissioners court shall be authorized to levy
  17-21  and pledge, and cause to be assessed and collected, annual ad
  17-22  valorem taxes, on all taxable property in the district, either--
  17-23              (1)  sufficient, without limit as to rate or amount, to
  17-24  pay the principal of and interest on said bonds; or
  17-25              (2)  sufficient to pay the principal of and interest on
  17-26  said bonds, provided that the annual aggregate bond taxes in the
  17-27  district shall never be more than the rate <(not to exceed $1 on
   18-1  the $100 valuation of taxable property in the district)> stated in
   18-2  said proposition.
   18-3        (d)  In each proposition submitted to authorize the levy of
   18-4  maintenance taxes there shall be included the question of whether
   18-5  the governing board or commissioners court shall be authorized to
   18-6  levy, and cause to be assessed and collected, annual ad valorem
   18-7  taxes, for the further maintenance of public free schools, of not
   18-8  to exceed the rate <(which shall be not more than $1.50 on the $100
   18-9  valuation of taxable property in the district)> stated in said
  18-10  proposition.
  18-11        SECTION 14.  Section 21.063, Education Code, is amended to
  18-12  read as follows:
  18-13        Sec. 21.063.  Tuition Fee for Transfer Students.  The
  18-14  receiving district may charge a tuition fee to the extent that the
  18-15  district's actual expenditure per student in average daily
  18-16  attendance, determinable by its board of trustees, exceeds the sum
  18-17  the district benefits from state aid sources as provided in Section
  18-18  21.062 of this code <and county education funds distributed under
  18-19  Subchapter J, Chapter 16, of this code>.  However, unless a tuition
  18-20  fee is prescribed and set out in transfer agreement prior to its
  18-21  execution by the parties, no increase in tuition charge shall be
  18-22  made for the year of that transfer that exceeds the tuition charge,
  18-23  if any, of the preceding school year.
  18-24        SECTION 15.  Section 21.173(a), Education Code, is amended to
  18-25  read as follows:
  18-26        (a)  Except as otherwise provided by this section, a school
  18-27  district that receives funding under the Foundation School Program
   19-1  <Subsection (h) of Section 16.156 of this code> may not require or
   19-2  allow a child to stand on a school bus that is in motion.
   19-3        SECTION 16.  Section 21.177(d), Education Code, is amended to
   19-4  read as follows:
   19-5        (d)  In approving a transportation system for a district or
   19-6  county, consideration shall be given to providing transportation
   19-7  for only those pupils who reside in hazardous areas or live two or
   19-8  more miles from the school they attend except handicapped pupils.
   19-9  No consideration shall be given to providing transportation for
  19-10  pupils transferred from one district to another when their grades
  19-11  are taught in their home district unless transferred as provided by
  19-12  law and transportation has been approved as provided by law.  A
  19-13  district may provide transportation to pupils to after-school child
  19-14  care facilities or to pupils who live within two miles of the
  19-15  school they attend, and may charge a reasonable fee for such
  19-16  transportation<, provided that such transportation shall not be
  19-17  eligible for funding pursuant to Section 16.156 of this code>.
  19-18        SECTION 17.  Section 21.181, Education Code, is amended to
  19-19  read as follows:
  19-20        Sec. 21.181.  Contract With Transportation Company or System.
  19-21  (a)  As an alternative to maintaining and operating a complete
  19-22  public school transportation system under this subchapter, a county
  19-23  or local district school board may contract with a public or
  19-24  commercial transportation company or system for all or any part of
  19-25  its public school transportation if the board is able to obtain an
  19-26  economically advantageous contract, provided that the commercial
  19-27  transportation company or system:
   20-1              (1)  requires its school bus drivers to be certified by
   20-2  the Central Education Agency;
   20-3              (2)  uses only those school buses in transporting
   20-4  public school students that satisfy safety requirements imposed by
   20-5  law on school buses operated by public school transportation
   20-6  systems; and
   20-7              (3)  agrees to meet the alternative fuels requirements
   20-8  of Section 21.174 for those buses dedicated to the contract;
   20-9  provided, however, the company or system may claim all exceptions
  20-10  available to county and local district school boards under Section
  20-11  21.174.
  20-12        (b)  A contract is economically advantageous if the cost of
  20-13  the service contracted for is equal to or less than the total cost
  20-14  to the school district for providing its own complete bus service.
  20-15        (c)  <The total cost to the school district is the state
  20-16  transportation cost allotment plus the supplementary funds
  20-17  necessarily provided by the local school district to provide
  20-18  complete transportation services.  In determining if a contract is
  20-19  economically advantageous, taxes paid by the commercial
  20-20  transportation company or system on gasoline, diesel fuel, or
  20-21  liquefied petroleum gas may not be considered.>
  20-22        <(c)  This section in no way prohibits the local school board
  20-23  from supplementing the state transportation cost allotment with
  20-24  local funds necessary to provide complete transportation services.>
  20-25        <(d)>  The State Board of Education shall adopt rules for the
  20-26  administration of this section.
  20-27        (d) <(e)>  Contracts for alternative public school
   21-1  transportation may include provisions for transporting students to
   21-2  and from approved school activities.
   21-3        <(f)  Upon approval of the contract by the State Board of
   21-4  Education, the portion of the annual transportation allotment which
   21-5  is to be used to finance the contract for alternative
   21-6  transportation services shall be included in the annual
   21-7  transportation cost allotment for the respective county or
   21-8  district.>
   21-9        SECTION 18.  Section 21.552(c), Education Code, is amended to
  21-10  read as follows:
  21-11        (c)  The Central Education Agency shall develop and
  21-12  distribute study guides to assist parents in providing remedial
  21-13  assistance during the period that school is recessed for summer to
  21-14  students who do not perform satisfactorily on one or more parts of
  21-15  the assessment instrument administered at the third, fifth, or
  21-16  seventh grade level.  <The commissioner of education shall retain a
  21-17  portion of the total amount allotted under Section 16.152(a) of
  21-18  this code that the commissioner considers appropriate to finance
  21-19  the development and distribution of the study guides and shall
  21-20  reduce each district's allotment proportionately.>
  21-21        SECTION 19.  Section 105.95(e), Education Code, is amended to
  21-22  read as follows:
  21-23        (e)  The academy is not subject to the provisions of this
  21-24  code, or to the rules of the Central Education Agency, regulating
  21-25  public schools, except that:
  21-26              (1)  professional employees of the academy are entitled
  21-27  to the limited liability of an employee under Section 21.912 or
   22-1  21.914 of this code;
   22-2              (2)  a student's attendance at the academy satisfies
   22-3  compulsory school attendance requirements; and
   22-4              (3)  for each student enrolled, the academy is entitled
   22-5  to allotments from the foundation school program under Chapter 16
   22-6  of this code as if the academy were a school district<, except that
   22-7  the academy has a local share applied that is equivalent to the
   22-8  local share assignment of the Denton Independent School District>.
   22-9        SECTION 20.  Section 1.04, Tax Code, is amended by amending
  22-10  Subdivision (12) to read as follows:
  22-11              (12)  "Taxing unit" means a county, an incorporated
  22-12  city or town (including a home-rule city), a school district, <a
  22-13  county education district,> a special district or authority
  22-14  (including a junior college district, a hospital district, a
  22-15  district created by or pursuant to the Water Code, a mosquito
  22-16  control district, a fire prevention district, or a noxious weed
  22-17  control district), or any other political unit of this state,
  22-18  whether created by or pursuant to the constitution or a local,
  22-19  special, or general law, that is authorized to impose and is
  22-20  imposing ad valorem taxes on property even if the governing body of
  22-21  another political unit determines the tax rate for the unit or
  22-22  otherwise governs its affairs.
  22-23        SECTION 21.  Section 6.02(b), Tax Code, is amended to read as
  22-24  follows:
  22-25        (b)  A taxing unit <other than a county education district>
  22-26  that has boundaries extending into two or more counties may choose
  22-27  to participate in only one of the appraisal districts.  In that
   23-1  event, the boundaries of the district chosen extend outside the
   23-2  county to the extent of the unit's boundaries.  To be effective,
   23-3  the choice must be approved by resolution of the board of directors
   23-4  of the district chosen.  <A county education district that has
   23-5  boundaries extending into two or more counties must participate in
   23-6  each appraisal district in which one of its component school
   23-7  districts participates for purposes of appraisal of the component
   23-8  school district's territory.>
   23-9        SECTION 22.  Sections 6.03(c)-(e), Tax Code, are amended to
  23-10  read as follows:
  23-11        (c)  Members of the board of directors are appointed by vote
  23-12  of the governing bodies of the incorporated cities and towns, the
  23-13  school districts <other than the county education district>, and,
  23-14  if entitled to vote, the conservation and reclamation districts
  23-15  that participate in the district and of the county.  A governing
  23-16  body may cast all its votes for one candidate or distribute them
  23-17  among candidates for any number of directorships.  Conservation and
  23-18  reclamation districts are not entitled to vote unless at least one
  23-19  conservation and reclamation district in the district delivers to
  23-20  the chief appraiser a written request to nominate and vote on the
  23-21  board of directors by June 1 of each odd-numbered year.  On receipt
  23-22  of a request, the chief appraiser shall certify a list by June 15
  23-23  of all eligible conservation and reclamation districts that are
  23-24  imposing taxes and that participate in the district.
  23-25        (d)  The voting entitlement of a taxing unit that is entitled
  23-26  to vote for directors is determined by dividing the total dollar
  23-27  amount of property taxes imposed in the district by the taxing unit
   24-1  for the preceding tax year by the sum of the total dollar amount of
   24-2  property taxes imposed in the district for that year by each taxing
   24-3  unit that is entitled to vote, by multiplying the quotient by
   24-4  1,000, and by rounding the product to the nearest whole number.
   24-5  That number is multiplied by the number of directorships to be
   24-6  filled.  <For a school district, the total dollar amount of
   24-7  property taxes imposed in the district by the unit is considered to
   24-8  be the sum of the taxes imposed by the district and the revenue
   24-9  received by the district from the county education district.>  A
  24-10  taxing unit participating in two or more districts is entitled to
  24-11  vote in each district in which it participates, but only the taxes
  24-12  imposed in a district are used to calculate voting entitlement in
  24-13  that district.
  24-14        (e)  The chief appraiser shall calculate the number of votes
  24-15  to which each taxing unit other than a conservation and reclamation
  24-16  district is entitled and shall deliver written notice to each of
  24-17  those units of its voting entitlement before October 1 of each
  24-18  odd-numbered year.  The chief appraiser shall deliver the notice:
  24-19              (1)  to the county judge and each commissioner of the
  24-20  county served by the appraisal district;
  24-21              (2)  to the presiding officer of the governing body of
  24-22  each city or town participating in the appraisal district, to the
  24-23  city manager of each city or town having a city manager, and to the
  24-24  city secretary or clerk, if there is one, of each city or town that
  24-25  does not have a city manager; and
  24-26              (3)  to the presiding officer of the governing body of
  24-27  each school district<, other than the county education district,>
   25-1  participating in the district and to the superintendent of each
   25-2  <those> school district <districts>.
   25-3        SECTION 23.  Sections 6.06(d) and (h), Tax Code, are amended
   25-4  to read as follows:
   25-5        (d)  Each taxing unit participating in the district<, other
   25-6  than a county education district,> is allocated a portion of the
   25-7  amount of the budget equal to the proportion that the total dollar
   25-8  amount of property taxes imposed in the district by the unit for
   25-9  the tax year in which the budget proposal is prepared bears to the
  25-10  sum of the total dollar amount of property taxes imposed in the
  25-11  district by each participating unit for that year.  <For a school
  25-12  district, other than a county education district, the total dollar
  25-13  amount of property taxes imposed in the district by the unit is
  25-14  considered to be the sum of the taxes imposed by the district and
  25-15  the revenue received by the district from the county education
  25-16  district.>  If a taxing unit participates in two or more districts,
  25-17  only the taxes imposed in a district are used to calculate the
  25-18  unit's cost allocations in that district.  If the number of real
  25-19  property parcels in a taxing unit is less than 5 percent of the
  25-20  total number of real property parcels in the district and the
  25-21  taxing unit imposes in excess of 25 percent of the total amount of
  25-22  the property taxes imposed in the district by all of the
  25-23  participating taxing units for a year, the unit's allocation may
  25-24  not exceed a percentage of the appraisal district's budget equal to
  25-25  three times the unit's percentage of the total number of real
  25-26  property parcels appraised by the district.
  25-27        (h)  If a newly formed taxing unit or a taxing unit that did
   26-1  not impose taxes in the preceding year<, other than a county
   26-2  education district,> imposes taxes in any tax year, that unit is
   26-3  allocated a portion of the amount budgeted to operate the district
   26-4  as if it had imposed taxes in the preceding year, except that the
   26-5  amount of taxes the unit imposes in the current year is used to
   26-6  calculate its allocation.  Before the amount of taxes to be imposed
   26-7  for the current year is known, the allocation may be based on an
   26-8  estimate to which the district board of directors and the governing
   26-9  body of the unit agree, and the payments made after that amount is
  26-10  known shall be adjusted to reflect the amount imposed.  The
  26-11  payments of a newly formed taxing unit that has no source of funds
  26-12  are postponed until the unit has received adequate tax or other
  26-13  revenues.
  26-14        SECTION 24.  Sections 11.13(d), (e), (m), and (n), Tax Code,
  26-15  are amended to read as follows:
  26-16        (d)  In addition to the exemptions provided by Subsections
  26-17  (b) and (c) of this section, an individual who is disabled or is 65
  26-18  or older is entitled to an exemption from taxation by a taxing unit
  26-19  of a portion (the amount of which is fixed as provided by
  26-20  Subsection (e) of this section) of the appraised value of his
  26-21  residence homestead if the exemption is adopted either:
  26-22              (1)  by the governing body of the taxing unit <other
  26-23  than a county education district>; or
  26-24              (2)  by a favorable vote of a majority of the qualified
  26-25  voters of the taxing unit at an election called by the governing
  26-26  body of the taxing unit <other than a county education district>,
  26-27  and the governing body shall call the election on the petition of
   27-1  at least 20 percent of the number of qualified voters who voted in
   27-2  the preceding election of the taxing unit<; or>
   27-3              <(3)  by a favorable vote of a majority of the
   27-4  qualified voters of a county education district at an election held
   27-5  under Section 20.950, Education Code>.
   27-6        (e)  The amount of an exemption adopted as provided by
   27-7  Subsection (d) of this section is $3,000 of the appraised value of
   27-8  the residence homestead unless a larger amount is specified by:
   27-9              (1)  the governing body authorizing the exemption if
  27-10  the exemption is authorized as provided by Subdivision (1) of
  27-11  Subsection (d) of this section; or
  27-12              (2)  the petition for the election if the exemption is
  27-13  authorized as provided by Subdivision (2) of Subsection (d) of this
  27-14  section<; or>
  27-15              <(3)  the proposition approved at an election held
  27-16  under Section 20.950, Education Code>.
  27-17        (m)  In this section:
  27-18              (1)  "Disabled" means under a disability for purposes
  27-19  of payment of disability insurance benefits under Federal Old-Age,
  27-20  Survivors, and Disability Insurance.
  27-21              (2)  "School district" means a political subdivision
  27-22  organized to provide general elementary and secondary public
  27-23  education.  <"School district" includes a county education district
  27-24  established by the consolidation of the local school districts in
  27-25  its boundaries for the limited purpose of exercising a portion of
  27-26  the taxing power previously authorized by the voters in those
  27-27  school districts.>  "School district" does not include a junior
   28-1  college district or a political subdivision organized to provide
   28-2  special education services.
   28-3        (n)  In addition to any other exemptions provided by this
   28-4  section, an individual is entitled to an exemption from taxation by
   28-5  a taxing unit <other than a county education district> of a
   28-6  percentage of the appraised value of his residence homestead if the
   28-7  exemption is adopted by the governing body of the taxing unit
   28-8  before May 1 in the manner provided by law for official action by
   28-9  the body.  If the percentage set by the taxing unit produces an
  28-10  exemption in a tax year of less than $5,000 when applied to a
  28-11  particular residence homestead, the individual is entitled to an
  28-12  exemption of $5,000 of the appraised value.  The percentage adopted
  28-13  by the taxing unit may not exceed 20 percent.  <In addition to any
  28-14  other exemptions provided by this section, an individual is
  28-15  entitled to an exemption from taxation by a county education
  28-16  district of a percentage of the appraised value of his residence
  28-17  homestead if the exemption is adopted by the voters of the district
  28-18  at an election held in the district for that purpose under Section
  28-19  20.946, Education Code.  If the percentage set by the voters
  28-20  produces an exemption in a tax year of less than $5,000 when
  28-21  applied to a particular residence homestead, the individual is
  28-22  entitled to an exemption of $5,000 of the appraised value.  The
  28-23  percentage adopted by the voters may not exceed 20 percent.>
  28-24        SECTION 25.  Sections 11.14(c) and (e), Tax Code, are amended
  28-25  to read as follows:
  28-26        (c)  The governing body of a taxing unit<, other than a
  28-27  county education district,> by resolution or order, depending upon
   29-1  the method prescribed by law for official action by that governing
   29-2  body, may provide for taxation of tangible personal property
   29-3  exempted under Subsection (a).  <The voters of a county education
   29-4  district, by an election held under Section 20.951, Education Code,
   29-5  may provide for taxation of tangible personal property exempted
   29-6  under Subsection (a).>  If a taxing unit provides for taxation of
   29-7  tangible personal property as provided by this subsection, the
   29-8  exemption prescribed by Subsection (a) does not apply to that unit.
   29-9        (e)  A political subdivision <other than a county education
  29-10  district> choosing to tax property otherwise made exempt by this
  29-11  section, pursuant to Article VIII, Section 1(e), of the Texas
  29-12  Constitution, may not do so until the governing body of the
  29-13  political subdivision has held a public hearing on the matter,
  29-14  after having given notice of the hearing at the times and in the
  29-15  manner required by this subsection, and has found that the action
  29-16  will be in the public interest of all the residents of that
  29-17  political subdivision.  At the hearing, all interested persons are
  29-18  entitled to speak and present evidence for or against taxing the
  29-19  property.  Not later than the 30th day prior to the date of a
  29-20  hearing held under this subsection, notice of the hearing must be:
  29-21              (1)  published in a newspaper having general
  29-22  circulation in the political subdivision and in a section of the
  29-23  newspaper other than the advertisement section;
  29-24              (2)  not less than one-half of one page in size; and
  29-25              (3)  republished on not less than three separate days
  29-26  during the period beginning with the 10th day prior to the hearing
  29-27  and ending with the actual date of the hearing.
   30-1        SECTION 26.  All county education districts are abolished.
   30-2        SECTION 27.  (a)  On the effective date of this Act, the
   30-3  funds and other assets of a county education district are
   30-4  transferred to its component school districts in the manner
   30-5  provided by rule of the commissioner of education.
   30-6        (b)  On the effective date of this Act, the contracts and
   30-7  other liabilities of a county education district are transferred to
   30-8  its component school districts in the manner provided by rule of
   30-9  the commissioner of education.
  30-10        (c)  The component school districts of a county education
  30-11  district may collect and use or distribute taxes imposed by the
  30-12  county education district that are delinquent in the manner
  30-13  provided by rule of the commissioner of education.
  30-14        (d)  The commissioner of education shall adopt rules for the
  30-15  maintenance of county education district records.
  30-16        (e)  The commissioner of education shall adopt rules required
  30-17  under this section not later than July 31, 1993.
  30-18        SECTION 28.  For 1993, a school district's effective
  30-19  maintenance rate under Section 26.08(a), Tax Code, and its
  30-20  effective maintenance and operation rate under Section 26.08(e),
  30-21  Tax Code, is increased by an amount equal to the county education
  30-22  district's tax rate in the 1992-1993 school year.
  30-23        SECTION 29.  (a)  The following provisions of the Education
  30-24  Code are repealed:
  30-25              (1)  Sections 1.05, 15.16, 16.007(c), 16.008-16.011,
  30-26  16.203, 16.204, 16.206, 16.252, 16.256(d)-(g), 16.258, 19.027(f)
  30-27  and (g), 20.09, 21.112(m), 21.172(b), 21.182(f), and 21.558;
   31-1              (2)  Subchapters D, H,  and J, Chapter 16; and
   31-2              (3)  Subchapter G, Chapter 20.
   31-3        (b)  The following sections of the Tax Code are
   31-4  repealed:  6.061(f), 26.12(e), and 312.002(e) and (f).
   31-5        SECTION 30.  This Act applies beginning with the 1993-1994
   31-6  school year.
   31-7        SECTION 31.  The importance of this legislation and the
   31-8  crowded condition of the calendars in both houses create an
   31-9  emergency   and   an   imperative   public   necessity   that   the
  31-10  constitutional rule requiring bills to be read on three several
  31-11  days in each house be suspended, and this rule is hereby suspended.