By Allen                                              H.B. No. 2875
                                 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.  Subchapter A, Chapter 16, Education Code, is
    1-5  amended by adding Section 16.0011 to read as follows:
    1-6        Sec. 16.0011.  PROGRAM.  The education excellence program is
    1-7  established under this chapter for the support of public schools.
    1-8  A reference in law to the foundation school program is a reference
    1-9  to the education excellence program.
   1-10        SECTION 2.  Section 16.007(a), Education Code, is amended to
   1-11  read as follows:
   1-12        (a)  Each school district <and each county education
   1-13  district> shall participate in the Public Education Information
   1-14  Management System (PEIMS) and shall provide through that system
   1-15  information required for the administration of this chapter and of
   1-16  other appropriate provisions of this code.
   1-17        SECTION 3.  Sections 16.201 and 16.202, Education Code, are
   1-18  amended to read as follows:
   1-19        Sec. 16.201.  Purpose.  The accountable costs of education
   1-20  studies are designed to support the development of the equalized
   1-21  funding <elements> necessary to provide an efficient state and
   1-22  local public school finance system which meets the state policy
   1-23  established in Section 16.001 of this code and provides the
    2-1  research basis for the equalized funding <elements under the
    2-2  provisions of Section 16.256 of this code>.
    2-3        Sec. 16.202.  Studies.  On a biennial basis, the Legislative
    2-4  Education Board and the Legislative Budget Board, with the
    2-5  assistance of the Educational Economic Policy Center and the
    2-6  Central Education Agency, shall complete each of the following
    2-7  studies and develop recommended amounts where appropriate for each
    2-8  year of the next biennium:
    2-9              (1)  a study of the fiscal neutrality of the system to
   2-10  determine the status of the state and local finance system with
   2-11  regard to the policies established under the provisions of Section
   2-12  16.001 of this code, including recommendations for adjustments
   2-13  necessary to maintain fiscal neutrality; and
   2-14              (2)  the accountable costs per student to school
   2-15  districts of providing educational programs, personnel, and other
   2-16  operating costs that meet accreditation criteria and the provisions
   2-17  of law and regulation<;>
   2-18              <(3)  program cost differentials designed by program to
   2-19  provide support for the added expense of high cost courses or
   2-20  programs for students participating in such courses or programs,
   2-21  with the program funding level expressed as dollar amounts and as
   2-22  weights applied to the adjusted basic allotment for the appropriate
   2-23  year;>
   2-24              <(4)  transportation and career ladder allotments;>
   2-25              <(5)  the levels of tax effort necessary for each tier
    3-1  of the Foundation School Program necessary to fulfill the
    3-2  requirements of Sections 16.001 and 16.008 of this code; and>
    3-3              <(6)  capital outlay and debt service requirements and
    3-4  formula elements for the requirements of Subchapter I of this
    3-5  chapter or other provisions of this chapter>.
    3-6        SECTION 4.  Sections 16.251(a) and (b), Education Code, are
    3-7  amended to read as follows:
    3-8        (a)  The <sum of the basic allotment under Subchapter C, the
    3-9  special allotments under Subchapter D, and the guaranteed yield
   3-10  allotments under Subchapter H, computed in accordance with the
   3-11  provisions of this chapter, constitute the total> cost of the
   3-12  Education Excellence <Foundation School> Program is<.>
   3-13        <(b)  The program shall be> financed by:
   3-14              (1)  <ad valorem tax revenue generated by an equalized
   3-15  uniform county education district effort;>
   3-16              <(2)>  ad valorem tax revenue generated by local school
   3-17  district <district effort in excess of the equalized uniform county
   3-18  education district effort>;
   3-19              (2) <(3)>  state available school funds distributed in
   3-20  accordance with law; and
   3-21              (3) <(4)>  state funds appropriated for the purposes of
   3-22  public school education and allocated to each district in an amount
   3-23  sufficient to finance the cost of the program that is <each
   3-24  district's Foundation School Program> not covered by other funds
   3-25  specified in this subsection.
    4-1        SECTION 5.  Section 16.252, Education Code, is amended to
    4-2  read as follows:
    4-3        Sec. 16.252.  GUARANTEED AMOUNT <LOCAL SHARE OF PROGRAM COST
    4-4  (TIER ONE)>.  (a)  The education excellence program guarantees each
    4-5  school district an amount of $4,400 per student in average daily
    4-6  attendance.  To qualify for that amount a district must levy ad
    4-7  valorem taxes at a rate that results in a levy that is equal to the
    4-8  levy that results from the application of the rate of $1.25 per
    4-9  $100 valuation to the district's taxable value of property as
   4-10  determined under Section 11.86 of this code.
   4-11        (b)  If a district does not levy ad valorem taxes at a rate
   4-12  equal to or greater than the rate required under this section, that
   4-13  district may not receive funds allocated to the education
   4-14  equalization excellence fund by Section 151.801(e), Tax Code.
   4-15        (c)  <Each county education district's share of the
   4-16  Foundation School Program shall be an amount determined by the
   4-17  following formula:>
   4-18  <where:>
   4-19        <"LFA" is the county education district's local share;>
   4-20        <"TR" is a tax rate which for each hundred dollars of
   4-21  valuation is $0.72 for the 1991-1992 school year, $0.82 for the
   4-22  1992-1993 school year, $0.92 for the 1993-1994 school year, and
   4-23  $1.00 for each school year thereafter; and>
   4-24        <"DPV" is the taxable value of property in the county
   4-25  education district for the prior tax year determined under Section
    5-1  11.86 of this code.>
    5-2        <(b)>  The commissioner of education shall adjust the values
    5-3  reported in the official report of the comptroller as required by
    5-4  Section 5.09(a), Property Tax Code to reflect reductions in taxable
    5-5  value of property resulting from natural or economic disaster after
    5-6  January 1 in the year in which the valuations are determined.  The
    5-7  decision of the commissioner of education shall be final.  <An
    5-8  adjustment does not affect the local fund assignment of any other
    5-9  county education district.>
   5-10        (d) <(c)>  Appeals of district values shall be held pursuant
   5-11  to Subsection (e) of Section 11.86 of this code.
   5-12        <(d)  A county education district shall raise its total local
   5-13  share of the foundation school program.  The funds shall be
   5-14  reallocated to the school districts in the county education
   5-15  district in the manner prescribed by Subchapter J of this chapter.>
   5-16        (e)  The commissioner of education shall hear appeals from
   5-17  <county education> districts which have experienced a rapid decline
   5-18  in tax base <used in calculating the local fund assignment>,
   5-19  exceeding eight percent of prior year, that is beyond the control
   5-20  of the board of trustees of the <county education> district.  The
   5-21  commissioner of education may adjust the <county education>
   5-22  district's taxable values <for local fund assignment purposes> for
   5-23  such losses in value exceeding eight percent <and thereby adjust
   5-24  the local fund assignment to reflect the local current year taxable
   5-25  value>.  The decision of the commissioner of education shall be
    6-1  final.  <An adjustment does not affect the local fund assignment of
    6-2  any other county education district.>
    6-3        (f)  No district receiving funds from the education
    6-4  equalization excellence fund shall ever receive fewer state funds,
    6-5  other than from the available school fund, per student in average
    6-6  daily attendance than was received in that district during the
    6-7  1992-1993 scholastic year.  The amount guaranteed per average daily
    6-8  attendance in Subsection (a) of this section shall never be less
    6-9  than $4,400 adjusted to reflect changes in the Consumer Price
   6-10  Index.  For the purposes of this section, the term "Consumer Price
   6-11  Index" means the average of the Consumer Price Index for all-urban
   6-12  consumers as the close of the 12-month period ending on June 30 of
   6-13  each year as calculated by the U.S. Department of Labor.  <For the
   6-14  purposes of Subsection (a) of the section, a county education
   6-15  district's "DPV" for the 1991-1992 school year is the sum of the
   6-16  taxable value of property for the prior tax year determined under
   6-17  Section 11.86 of this code for the school districts composing the
   6-18  county education district.  This subsection expires September 1,
   6-19  1992.>
   6-20        SECTION 6.  Subchapter G, Chapter 16, Education Code, is
   6-21  amended by adding Section 16.253 to read as follows:
   6-22        Sec. 16.253.  EDUCATION EQUALIZATION EXCELLENCE FUND.  (a)
   6-23  The education equalization excellence fund is a special fund in the
   6-24  state treasury.  The fund consists of revenue credited to the fund
   6-25  under Section 16.256(d), Education Code, Section 5.01(a) State
    7-1  Lottery Act (Article 179g, Vernon's Texas Civil Statutes), and
    7-2  legislative appropriations.
    7-3        (b)  A reference in law to the foundation school fund is a
    7-4  reference to the education equalization excellence fund.
    7-5        SECTION 7.  Section 16.254(a), Education Code, is amended to
    7-6  read as follows:
    7-7        (a)  The commissioner of education shall determine annually:
    7-8              (1)  the amount of money guaranteed under the Education
    7-9  Excellence <necessary to operate a Foundation School> Program in
   7-10  each school district;
   7-11              (2)  the amount of local funds generated in <due> the
   7-12  school district by the district's ad valorem tax levy or the levy
   7-13  required under Section 16.252(a) of this code <from the local fund
   7-14  assignment of the county education district>; and
   7-15              (3)  the amount of state available school funds
   7-16  distributed to each school district.
   7-17        SECTION 8.  Sections 16.256(a)-(d), Education Code, are
   7-18  amended to read as follows:
   7-19        (a)  The education equalization excellence <foundation
   7-20  school> fund budget committee is composed of the governor, the
   7-21  lieutenant governor, <and> the comptroller of public accounts, the
   7-22  attorney general, and the chairman of the State Board of Education.
   7-23  A reference in law to the foundation school fund budget committee
   7-24  is a reference to the education equalization excellence fund budget
   7-25  committee.
    8-1        (b)  On or before July 1 <November 1> before each regular
    8-2  session of the legislature, the budget committee shall determine
    8-3  and certify to the comptroller of public accounts an amount of
    8-4  money to be placed in the education equalization excellence
    8-5  <foundation school> fund for the succeeding biennium for the
    8-6  purpose of financing the Education Excellence <Foundation School>
    8-7  Program an described in this code.
    8-8        (c)  Prior to a regular session of the legislature, the <The>
    8-9  budget committee may<, during the biennium,> change the estimate of
   8-10  money necessary to finance the Education Excellence <Foundation
   8-11  School> Program.
   8-12        (d)  At the beginning of each fiscal year, the comptroller of
   8-13  public accounts shall deposit to the credit of the education
   8-14  equalization excellence fund from the first money coming into the
   8-15  state treasury, not otherwise dedicated by the constitution or
   8-16  encumbered by a prior appropriation, the amount certified by the
   8-17  budget committee for the purposes of financing the Education
   8-18  Excellence Program under provisions of Section 16.256(b) of this
   8-19  code.  These funds shall be reserved subject to appropriation by
   8-20  the legislature for this purpose <The foundation school fund budget
   8-21  committee shall adopt rules for the calculation for each year of a
   8-22  biennium of the qualified funding elements necessary to achieve the
   8-23  state funding policy under Section 16.001 of this code not later
   8-24  than the 1994-1995 school year and for each year thereafter.  In
   8-25  the calculation of these funding elements, the committee shall
    9-1  consider the report of the Legislative Education Board prescribed
    9-2  under Section 16.008 of this code>.
    9-3        SECTION 9.  Section 16.258(b), Education Code, is amended to
    9-4  read as follows:
    9-5        (b)  If the district would have received a greater amount
    9-6  from the education equalization excellence <foundation school> fund
    9-7  for the applicable school year using the adjusted value, the
    9-8  commissioner shall add the difference to subsequent distributions
    9-9  to the district from the <foundation school> fund.  <An adjustment
   9-10  does not affect the local fund assignment of any other district.>
   9-11        SECTION 10.  Sections 11.10(r) and (s), Education Code, are
   9-12  amended to read as follows:
   9-13        (r)  Costs <Except for certain transportation costs, costs>
   9-14  of operation of the regional day school programs for the deaf shall
   9-15  be borne by the state and paid from the Education Equalization
   9-16  Excellence <Foundation School Program> Fund.  Such costs shall be
   9-17  considered and included by the Education Equalization Excellence
   9-18  <Foundation School> Fund Budget Committee in estimating the needs
   9-19  for purposes of the Education Excellence <Foundation School>
   9-20  Program and the regional day school programs for the deaf.
   9-21  However, funds allocated to countywide schools shall remain so
   9-22  allocated except in those regions in which the countywide program
   9-23  has been made a part of the appropriate region, as aforesaid.
   9-24  While the principal cost of educating deaf children shall be borne
   9-25  by the state, independent school districts and all institutions of
   10-1  higher learning in the state are hereby authorized and encouraged
   10-2  to make available real or personal property or services in
   10-3  cooperation with the regional day school programs for the deaf for
   10-4  any activities related to education and betterment of education of
   10-5  deaf children including but not limited to research and personnel
   10-6  training and development.  The school district in which a regional
   10-7  day school is located shall bear the costs of transporting students
   10-8  in the program who live within the district <and is entitled to
   10-9  have those students counted in its allotment of transportation
  10-10  funds from the state>.  The regional day school program shall bear
  10-11  the costs of transporting children who live outside the district to
  10-12  the regional day school.  It is the intent of the legislature in
  10-13  enacting this subsection that the use of all of the educational
  10-14  resources of this state be maximized to carry out the intent and
  10-15  objectives of this Act.
  10-16        (s)  Operating costs for the program in each regional day
  10-17  school program for the deaf shall be determined and paid on the
  10-18  following basis:
  10-19              (1)  An estimated allocation of $2,700 for each student
  10-20  enrolled in the program of the regional day school program for the
  10-21  deaf in any current year.
  10-22              (2)  Teachers, principals, supervisors, counselors,
  10-23  paraprofessional and supporting personnel shall be employed in such
  10-24  numbers as the Central Education Agency finds to be necessary to
  10-25  establish and operate the regional day school programs for the
   11-1  deaf, and such numbers shall not be less than student-professional
   11-2  ratios known to be requisite for success in education of deaf
   11-3  children.  Salaries of all personnel employed in the regional day
   11-4  school programs for the deaf shall be determined in accordance with
   11-5  policies established by the State Board of Education.
   11-6              <(3)  Local districts may receive allocations for
   11-7  transportation of students participating in the regional day school
   11-8  programs on the same basis as that provided for the Section 16.206
   11-9  of this code.>
  11-10        SECTION 11.  Section 11.29(e), Education Code, is amended to
  11-11  read as follows:
  11-12        (e)  The budget cost of operating the Central Education
  11-13  Agency which is paid from the education equalization excellence
  11-14  <foundation school program> fund shall be included in the estimated
  11-15  cost of the Education Excellence <Foundation School> Program <which
  11-16  is computed by the State Board of Education in March of each year
  11-17  for the determination of the local fund assignment to be charged to
  11-18  each school district>.
  11-19        SECTION 12.  Section 11.32(f), Education Code, is amended to
  11-20  read as follows:
  11-21        (f)  Basic costs for the provision of regional education
  11-22  services to school districts and coordination of educational
  11-23  planning in the region and for the administrative costs necessary
  11-24  to support these services shall be paid from the Education
  11-25  Equalization Excellence <Foundation School> Fund.  Each Regional
   12-1  Education Service Center shall receive an annual allotment of
   12-2  $200,000, with the remainder of the funds available under the
   12-3  provisions of this subsection to be allocated to the Regional
   12-4  Education Service Centers on the basis of the average daily
   12-5  attendance within the area of operation for each Regional Education
   12-6  Service Center as determined for the next preceding school year.
   12-7  The allotment amounts here authorized to be granted by the State
   12-8  Board of Education shall not exceed in any year a sum equal to .45
   12-9  percent multiplied by the following specified elements of cost
  12-10  <contained in the Foundation School Program> for the current school
  12-11  year:  salaries, maintenance and operation, vocational operating
  12-12  costs, transportation-regular, transportation-special education,
  12-13  transportation-vocational education, agency administration, other
  12-14  special education programs, vocational contract services, bilingual
  12-15  education, preschool non-English speaking, preschool deaf,
  12-16  compensatory education, driver education, and minimum aid.
  12-17        SECTION 13.  Section 11.86(a), Education Code, is amended to
  12-18  read as follows:
  12-19        (a)  The comptroller shall conduct an annual study using
  12-20  comparable sales and generally accepted auditing and sampling
  12-21  techniques to determine the total value of all taxable property in
  12-22  each <county education> school district <and each of its component
  12-23  school district>.  The study shall determine the taxable value of
  12-24  all property and of each category of property within the district
  12-25  and the productivity value of all land that qualifies for appraisal
   13-1  on the basis of its productive capacity and for which the owner has
   13-2  applied for and received a productivity appraisal.  In conducting
   13-3  the study, the comptroller shall review the appraisal standards,
   13-4  procedures, and methodology used by each appraisal district to
   13-5  determine the taxable value of property in each school district.
   13-6  The review must test the validity of the taxable values assigned to
   13-7  each category of property by the appraisal district:
   13-8              (1)  using, if appropriate, samples selected through
   13-9  generally accepted sampling techniques; and
  13-10              (2)  according to generally accepted standard
  13-11  valuation, statistical compilation, and analysis techniques.  If
  13-12  the comptroller finds in the annual study that generally accepted
  13-13  appraisal standards and practices were used by the appraisal
  13-14  district in valuing a particular category of property, and that the
  13-15  taxable values assigned to each category of property by the
  13-16  appraisal are valid, the appraisal roll value of that category of
  13-17  property is presumed to represent taxable value.  In the absence of
  13-18  such a presumption, the comptroller shall estimate the taxable
  13-19  value of that category of property using generally accepted
  13-20  standard valuation, statistical compilation, and analysis
  13-21  techniques.  For the purposes of this section, "taxable value"
  13-22  means market value less:
  13-23              (1)  the total dollar amount of any exemptions of part
  13-24  but not all of the value of taxable property required by the
  13-25  constitution or a statute that a district lawfully granted in the
   14-1  year that is the subject of the study;
   14-2              (2)  the total dollar amount of any exemptions granted
   14-3  within a reinvestment zone under agreements authorized by the
   14-4  Property Redevelopment and Tax Abatement Act (Chapter 312, Tax
   14-5  Code);
   14-6              (3)  the total dollar amount of any captured appraisal
   14-7  value of property that is located in a reinvestment zone and that
   14-8  is eligible for tax increment financing under the Tax Increment
   14-9  Financing Act (Chapter 311, Tax Code);
  14-10              (4)  the total dollar amount of any exemptions granted
  14-11  under Section 11.251, Tax Code;
  14-12              (5)  the difference between the market value and the
  14-13  productivity value of land that qualifies for appraisal on the
  14-14  basis of its productive capacity, except that the productivity
  14-15  value may not exceed the fair market value of the land;
  14-16              (6)  the portion of the appraised value of residence
  14-17  homesteads of the elderly on which school district taxes are not
  14-18  imposed in the year that is the subject of the study, calculated as
  14-19  if the residence homesteads were appraised at the full value
  14-20  required by law;
  14-21              (7)  a portion of the market value of property not
  14-22  otherwise fully taxable by the district at market value because of
  14-23  action required by statute or the Texas Constitution that, if the
  14-24  tax rate adopted by the district is applied to it, produces an
  14-25  amount equal to the difference between the tax that the district
   15-1  would have imposed on the property if the property were fully
   15-2  taxable at market value and the tax that the district is actually
   15-3  authorized to impose on the property; and
   15-4              (8)  the market value of all tangible personal
   15-5  property, other than manufactured homes, owned by a family or
   15-6  individual and not held or used for the production of income.
   15-7        SECTION 14.  Section 21.063, Education Code, is amended to
   15-8  read as follows:
   15-9        Sec. 21.063.  Tuition Fee for Transfer Students.  The
  15-10  receiving district may charge a tuition fee to the extent that the
  15-11  district's actual expenditure per student in average daily
  15-12  attendance, determinable by its board of trustees, exceeds the sum
  15-13  the district benefits from state aid sources as provided in Section
  15-14  21.062 of this code <and county education funds distributed under
  15-15  Subchapter J, Chapter 16, of this code>.  However, unless a tuition
  15-16  fee is prescribed and set out in transfer agreement prior to its
  15-17  execution by the parties, no increase in tuition charge shall be
  15-18  made for the year of that transfer that exceeds the tuition charge,
  15-19  if any, of the preceding school year.
  15-20        SECTION 15.  Section 21.173(a), Education Code, is amended to
  15-21  read as follows:
  15-22        (a)  Except as otherwise provided by this section, a school
  15-23  district that receives funding under the education excellence
  15-24  program <Subsection (h) of Section 16.156 of this code> may not
  15-25  require or allow a child to stand on a school bus that is in
   16-1  motion.
   16-2        SECTION 16.  Section 21.177(d), Education Code, is amended to
   16-3  read as follows:
   16-4        (d)  In approving a transportation system for a school
   16-5  district or county, consideration shall be given to providing
   16-6  transportation for only those pupils who reside in hazardous areas
   16-7  or live two or more miles from the school they attend except
   16-8  handicapped pupils.  No consideration shall be given to providing
   16-9  transportation for pupils transferred from one district to another
  16-10  when their grades are taught in their home district unless
  16-11  transferred as provided by law and transportation has been approved
  16-12  as provided by law.  A district may provide transportation to
  16-13  pupils to after-school child care facilities or to pupils who live
  16-14  within two miles of the school they attend, and may charge a
  16-15  reasonable fee for such transportation<, provided that such
  16-16  transportation shall not be eligible for funding pursuant to
  16-17  Section 16.156 of this code>.
  16-18        SECTION 17.  Section 21.181, Education Code, is amended to
  16-19  read as follows:
  16-20        Sec. 21.181.  Contract With Transportation Company or System.
  16-21  (a)  As an alternative to maintaining and operating a complete
  16-22  public school transportation system under this subchapter, a county
  16-23  or local district school board may contract with a public or
  16-24  commercial transportation company or system for all or any part of
  16-25  its public school transportation if the board is able to obtain an
   17-1  economically advantageous contract, provided that the commercial
   17-2  transportation company or system:
   17-3              (1)  requires its school bus drivers to be certified by
   17-4  the Central Education Agency;
   17-5              (2)  uses only those school buses in transporting
   17-6  public school students that satisfy safety requirements imposed by
   17-7  law on school buses operated by public school transportation
   17-8  systems; and
   17-9              (3)  agrees to meet the alternative fuels requirements
  17-10  of Section 21.174 for those buses dedicated to the contract;
  17-11  provided, however, the company or system may claim all exceptions
  17-12  available to county and local district school boards under Section
  17-13  21.174.
  17-14        (b)  A contract is economically advantageous if the cost of
  17-15  the service contracted for is equal to or less than the total cost
  17-16  to the school district for providing its own complete bus service.
  17-17  <The total cost to the school district is the state transportation
  17-18  cost allotment plus the supplementary funds necessarily provided by
  17-19  the local school district to provide complete transportation
  17-20  services.  In determining if a contract is economically
  17-21  advantageous, taxes paid by the commercial transportation company
  17-22  or system on gasoline, diesel fuel, or liquefied petroleum gas may
  17-23  not be considered.>
  17-24        (c)  <This section in no way prohibits the local school board
  17-25  from supplementing the state transportation cost allotment with
   18-1  local funds necessary to provide complete transportation services.>
   18-2        <(d)>  The State Board of Education shall adopt rules for the
   18-3  administration of this section.
   18-4        (d) <(e)>  Contracts for alternative public school
   18-5  transportation may include provisions for transporting students to
   18-6  and from approved school activities.
   18-7        <(f)  Upon approval of the contract by the State Board of
   18-8  Education, the portion of the annual transportation allotment which
   18-9  is to be used to finance the contract for alternative
  18-10  transportation services shall be included in the annual
  18-11  transportation cost allotment for the respective county or
  18-12  district.>
  18-13        SECTION 18.  Section 21.552(c), Education Code, is amended to
  18-14  read as follows:
  18-15        (c)  The Central Education Agency shall develop and
  18-16  distribute study guides to assist parents in providing remedial
  18-17  assistance during the period that school is recessed for summer to
  18-18  students who do not perform satisfactorily on one or more parts of
  18-19  the assessment instrument administered at the third, fifth, or
  18-20  seventh grade level.  <The commissioner of education shall retain a
  18-21  portion of the total amount allotted under Section 16.152(a) of
  18-22  this code that the commissioner considers appropriate to finance
  18-23  the development and distribution of the study guides and shall
  18-24  reduce each district's allotment proportionately.>
  18-25        SECTION 19.  Section 105.95(e), Education Code, is amended to
   19-1  read as follows:
   19-2        (e)  The academy is not subject to the provisions of this
   19-3  code, or to the rules of the Central Education Agency, regulating
   19-4  public schools, except that:
   19-5              (1)  professional employees of the academy are entitled
   19-6  to the limited liability of an employee under Section 21.912 or
   19-7  21.914 of this code;
   19-8              (2)  a student's attendance at the academy satisfies
   19-9  compulsory school attendance requirements; and
  19-10              (3)  for each student enrolled, the academy is entitled
  19-11  to allocate from the education excellence <foundation school>
  19-12  program under Chapter 16 of this code as if the academy were a
  19-13  school district<, except that the academy has a local share applied
  19-14  that is equivalent to the local share assignment of the Denton
  19-15  Independent School District>.
  19-16        SECTION 20.  Section 1.04(12), Tax Code, is amended to read
  19-17  as follows:
  19-18              (12)  "Taxing unit" means a county, an incorporated
  19-19  city or town (including a home-rule city), a school district, <a
  19-20  county education district,> a special district or authority
  19-21  (including a junior college district, a hospital district, a
  19-22  district created by or pursuant to the Water Code, a mosquito
  19-23  control district, a fire prevention district, or a noxious weed
  19-24  control district), or any other political unit of this state,
  19-25  whether created by or pursuant to the constitution or a local,
   20-1  special, or general law, that is authorized to impose and is
   20-2  imposing ad valorem taxes on property even if the governing body of
   20-3  another political unit determines the tax rate for the unit or
   20-4  otherwise governs its affairs.
   20-5        SECTION 21.  Section 6.02(b), Tax Code, is amended to read as
   20-6  follows:
   20-7        (b)  A taxing unit <other than a county education district>
   20-8  that has boundaries extending into two or more counties may choose
   20-9  to participate in only one of the appraisal districts.  In that
  20-10  event, the boundaries of the district chosen extend outside the
  20-11  county to the extent of the unit's boundaries.  To be effective,
  20-12  the choice must be approved by resolution of the board of directors
  20-13  of the district chosen.  <A county education district that has
  20-14  boundaries extending into two or more counties must participate in
  20-15  each appraisal district in which one of its component school
  20-16  districts participates for purposes of appraisal of the component
  20-17  school district's territory.>
  20-18        SECTION 22.  Sections 6.03(c)-(e), Tax Code, are amended to
  20-19  read as follows:
  20-20        (c)  Members of the board of directors are appointed by vote
  20-21  of the governing bodies of the incorporated cities and towns, the
  20-22  school districts <other than the county education district>, and,
  20-23  if entitled to vote, the conservation and reclamation districts
  20-24  that participate in the district and of the county.  A governing
  20-25  body may cast all its votes for one candidate or distribute them
   21-1  among candidates for any number of directorships.  Conservation and
   21-2  reclamation districts are not entitled to vote unless at least one
   21-3  conservation and reclamation district in the district delivers to
   21-4  the chief appraiser a written request to nominate and vote on the
   21-5  board of directors by June 1 of each odd-numbered year.  On receipt
   21-6  of a request, the chief appraiser shall certify a list by June 15
   21-7  of all eligible conservation and reclamation districts that are
   21-8  imposing taxes and that participate in the district.
   21-9        (d)  The voting entitlement of a taxing unit that is entitled
  21-10  to vote for directors is determined by dividing the total dollar
  21-11  amount of property taxes imposed in the district by the taxing unit
  21-12  for the preceding tax year by the sum of the total dollar amount of
  21-13  property taxes imposed in the district for that year by each taxing
  21-14  unit that is entitled to vote, by multiplying the quotient by 1,000
  21-15  and by rounding the product to the nearest whole number.  That
  21-16  number is multiplied by the number of directorships to be filled.
  21-17  <For a school district, the total dollar amount of property taxes
  21-18  imposed in the district by the unit is considered to be the sum of
  21-19  the taxes imposed by the district and the revenue received by the
  21-20  district from the county education district.>  A taxing unit
  21-21  participating in two or more districts is entitled to vote in each
  21-22  district in which it participates, but only the taxes imposed in a
  21-23  district are used to calculate voting entitlement in that district.
  21-24        (e)  The chief appraiser shall calculate the number of votes
  21-25  to which each taxing unit other than a conservation and reclamation
   22-1  district is entitled and shall deliver written notice to each of
   22-2  those units of its voting entitlement before October 1 of each
   22-3  odd-numbered year.  The chief appraiser shall deliver the notice:
   22-4              (1)  to the county judge and each commissioner of the
   22-5  county served by the appraisal district;
   22-6              (2)  to the presiding officer of the governing body of
   22-7  each city or town participating in the appraisal district, to the
   22-8  city manager of each city or town having a city manager, and to the
   22-9  city secretary or clerk, if there is one, of each city or town that
  22-10  does not have a city manager; and
  22-11              (3)  to the presiding officer of the governing body of
  22-12  each school district<, other than the county education district,>
  22-13  participating in the district and to the superintendent of each
  22-14  <those> school district <districts>.
  22-15        SECTION 23.  Sections 6.06(d) and (h), Tax Code, are amended
  22-16  to read as follows:
  22-17        (d)  Each taxing unit participating in the district<, other
  22-18  than a county education district,> is allocated a portion of the
  22-19  amount of the budget equal to the proportion that the total dollar
  22-20  amount of property taxes imposed in the district by the unit for
  22-21  the tax year in which the budget proposal is prepared bears to the
  22-22  sum of the total dollar amount of property taxes imposed in the
  22-23  district by each participating unit for that year.  <For a school
  22-24  district, other than a county education district, the total dollar
  22-25  amount of property taxes imposed in the district by the unit is
   23-1  considered to be the sum of the taxes imposed by the district and
   23-2  the revenue received by the district from the county education
   23-3  district.>  If a taxing unit participates in two or more districts,
   23-4  only the taxes imposed in a district are used to calculate the
   23-5  unit's cost allocations in that district.  If the number of real
   23-6  property parcels in a taxing unit is less than 5 percent of the
   23-7  total number of real property parcels in the district and the
   23-8  taxing unit imposes in excess of 25 percent of the total amount of
   23-9  the property taxes imposed in the district by all of the
  23-10  participating taxing units for a year, the unit's allocation may
  23-11  not exceed a percentage of the appraisal district's budget equal to
  23-12  three times the unit's percentage of the total number of real
  23-13  property parcels appraised by the district.
  23-14        (h)  If a newly formed taxing unit or a taxing unit that did
  23-15  not impose taxes in the preceding year<, other than a county
  23-16  education district,> imposes taxes in any tax year, that unit is
  23-17  allocated a portion of the amount budgeted to operate the district
  23-18  as if it had imposed taxes in the preceding year, except that the
  23-19  amount of taxes the unit imposes in the current year is used to
  23-20  calculate its allocation.  Before the amount of taxes to be imposed
  23-21  for the current year is known, the allocation may be based on an
  23-22  estimate to which the district board of directors and the governing
  23-23  body of the unit agree, and the payments made after that amount is
  23-24  known shall be adjusted to reflect the amount imposed.  The
  23-25  payments of a newly formed taxing unit that has no source of funds
   24-1  are postponed until the unit has received adequate tax or other
   24-2  revenues.
   24-3        SECTION 24.  Sections 11.13(d), (e), (m), and (n), Tax Code,
   24-4  are amended to read as follows:
   24-5        (d)  In addition to the exemptions provided by Subsections
   24-6  (b) and (c) of this section, and individual who is disabled or is
   24-7  65 or older is entitled to an exemption from taxation by a taxing
   24-8  unit of a portion (the amount of which is fixed as provided by
   24-9  Subsection (e) of this section) of the appraised value of his
  24-10  residence homestead if the exemption is adopted either:
  24-11              (1)  by the governing body of the taxing unit <other
  24-12  than a county education district>; or
  24-13              (2)  by a favorable vote of a majority of the qualified
  24-14  voters of the taxing unit at an election called by the governing
  24-15  body of the taxing unit <other than a county education district>,
  24-16  and the governing body shall call the election on the petition of
  24-17  at least 20 percent of the number of qualified voters who voted in
  24-18  the preceding election of the taxing unit<, or>
  24-19              <(3)  by a favorable vote of a majority of the
  24-20  qualified voters of a county education district at an election held
  24-21  under Section 20.950, Education Code>.
  24-22        (e)  The amount of an exemption adopted as provided by
  24-23  Subsection (d) of this section is $3,000 of the appraised value of
  24-24  the residence homestead unless a larger amount is specified by:
  24-25              (1)  the governing body authorizing the exemption if
   25-1  the exemption is authorized as provided by Subdivision (1) of
   25-2  Subsection (d) of this section; or
   25-3              (2)  the petition for the election if the exemption is
   25-4  authorized as provided by Subdivision (2) of Subsection (d) of this
   25-5  section<; or>
   25-6              <(3)  the proposition approved at an election held
   25-7  under Section 20.950, Education Code>.
   25-8        (m)  In this section:
   25-9              (1)  "Disabled" means under a disability for purposes
  25-10  of payment of disability insurance benefits under Federal Old-Age,
  25-11  Survivors, and Disability Insurance.
  25-12              (2)  "School district" means a political subdivision
  25-13  organized to provide general elementary and secondary public
  25-14  education.  <"School district" includes a county education district
  25-15  established by the consolidation of the local school districts in
  25-16  its boundaries for the limited purpose of exercising a portion of
  25-17  the taxing power previously authorized by the voters in those
  25-18  school district.>  "School district" does not include a junior
  25-19  college district or a political subdivision organized to provide
  25-20  special education services.
  25-21        (n)  In addition to any other exemptions provided by this
  25-22  section, an individual is entitled to an exemption from taxation by
  25-23  a taxing unit <other than a county education district> of a
  25-24  percentage of the appraised value of his residence homestead if the
  25-25  exemption is adopted by the governing body of the taxing unit
   26-1  before May 1 in the manner provided by law for official action by
   26-2  the body.  If the percentage set by the taxing unit produces an
   26-3  exemption in a tax year of less than $5,000 when applied to a
   26-4  particular residence homestead, the individual is entitled to an
   26-5  exemption of $5,000 of the appraised value.  The percentage adopted
   26-6  by the taxing unit may not exceed 20 percent.  <In addition to any
   26-7  other exemptions provided by this section, an individual is
   26-8  entitled to an exemption from taxation by a county education
   26-9  district of a percentage of the appraised value of his residence
  26-10  homestead if the exemption is adopted by the voters of the district
  26-11  at an election held in the district for the purpose under Section
  26-12  20.946, Education Code.  If the percentage set by the voters
  26-13  produces an exemption in a tax year of less than $5,000 when
  26-14  applied to a particular residence homestead, the individual is
  26-15  entitled to an exemption of $5,000 of the appraised value.  The
  26-16  percentage adopted by the voters may not exceed 20 percent.>
  26-17        SECTION 25.  Sections 11.14(c) and (e), Tax Code, are amended
  26-18  to read as follows:
  26-19        (c)  The governing body of a taxing unit<, other than a
  26-20  county education district,> by resolution or order, depending upon
  26-21  the method prescribed by law for official action by that governing
  26-22  body, may provide for taxation of tangible personal property
  26-23  exempted under Subsection (a).  <The voters of a county education
  26-24  district, by an election held under Section 20.951, Education Code,
  26-25  may provide for taxation of tangible personal property exempted
   27-1  under Subsection (a).>  If a taxing unit provides for taxation of
   27-2  tangible personal property as provided by this subsection, the
   27-3  exemption prescribed by Subsection (a) does not apply to that unit.
   27-4        (e)  A political subdivision <other than a county education
   27-5  district> choosing to tax property otherwise made exempt by this
   27-6  section, pursuant to Article VIII, Section 1(e), of the Texas
   27-7  Constitution, may not do so until the governing body of the
   27-8  political subdivision has held a public hearing on the matter,
   27-9  after having given notice of the hearing at the times and in the
  27-10  manner required by this subsection, and has found that the action
  27-11  will be in the public interest of all the residents of that
  27-12  political subdivision.  At the hearing, all interested persons are
  27-13  entitled to speak and present evidence for or against taxing the
  27-14  property.  Not later than the 30th day prior to the date of a
  27-15  hearing held under this subsection, notice of the hearing must be:
  27-16              (1)  published in a newspaper having general
  27-17  circulation in the political subdivision and in a section of the
  27-18  newspaper other than the advertisement section;
  27-19              (2)  not less than one-half of one page in size; and
  27-20              (3)  republished on not less than three separate days
  27-21  during the period beginning with the 10th day prior to the hearing
  27-22  and ending with the actual date of the hearing.
  27-23        SECTION 26.  All county education districts are abolished.
  27-24        SECTION 27.  (a)  On the effective date of this Act, the
  27-25  funds and other assets of a county education district are
   28-1  transferred to its component school districts in the manner
   28-2  provided by rule of the commissioner of education.
   28-3        (b)  On the effective date of this Act, the contracts and
   28-4  other liabilities of a county education district are transferred to
   28-5  its component school districts in the manner provided by rule of
   28-6  the commissioner of education.
   28-7        (c)  The component school districts of a county education
   28-8  district may collect and use or distribute taxes imposed by the
   28-9  county education district that are delinquent in the manner
  28-10  provided by rule of the commissioner of education.
  28-11        (d)  The commissioner of education shall adopt rules for the
  28-12  maintenance of county education district records.
  28-13        (e)  The commissioner of education shall adopt rules required
  28-14  under this section not later than July 31, 1993.
  28-15        SECTION 28.  For 1993, a school district's effective
  28-16  maintenance rate under Section 26.08(a), Tax Code, are increased by
  28-17  an amount equal to the county education district's tax rate in the
  28-18  1992-1993 school year.
  28-19        SECTION 29.  (a)  The following provisions of the Education
  28-20  Code are repealed:
  28-21              (1)  Sections 1.05, 16.002, 16.007(c), 16.008-16.011,
  28-22  16.203, 16.204, 16.206, 16.254(d) and (e), 16.256(e)-(g), 19.027(f)
  28-23  and (g), 20.09, 21.112(m), 21.172(b), 21.182(f), and 21.558;
  28-24              (2)  Subchapter D, Chapter 14;
  28-25              (3)  Subchapters C, D, and J, Chapter 16; and
   29-1              (4)  Subchapter G, Chapter 20.
   29-2        (b)  The following sections of the Tax Code are
   29-3  repealed:  6.061(f), 26.12(e), and 312.002(e) and (f).
   29-4        SECTION 30.  No district shall receive less state funds than
   29-5  the district would have received under the prior provisions of the
   29-6  Education Code, with the exception that the financial impact of the
   29-7  provisions relating to average daily attendance under Section
   29-8  16.006, Education Code, or any amount received from the available
   29-9  school fund, shall not be held harmless.  The commissioner of
  29-10  education shall provide for appropriate calculations to implement
  29-11  this section.
  29-12        SECTION 31.  Section 5.01(a), State Lottery Act (Article
  29-13  179g, Vernon's Texas Civil Statutes), is amended to read as
  29-14  follows:
  29-15        Sec. 5.01.  (a)  Except as provided by Subsection (e) of this
  29-16  section, all revenue received from the sale of tickets and all
  29-17  money credited to the state lottery account from any other source
  29-18  shall be deposited in the state treasury through approved state
  29-19  depositories on the settlement day or days established by the
  29-20  director to the credit of the education equalization excellence
  29-21  fund.
  29-22        SECTION 32.  Except for Sections 27 and 28 of this Act, this
  29-23  Act takes effect beginning with the 1993-1994 school year.
  29-24  Sections 27 and 28 take immediate effect.
  29-25        SECTION 33.  The importance of this legislation and the
   30-1  crowded condition of the calendars in both houses create an
   30-2  emergency and an imperative public necessity that the
   30-3  constitutional rule requiring bills to be read on three several
   30-4  days in each house be suspended, and this rule is hereby suspended,
   30-5  and that this Act take effect and be in force from and after its
   30-6  passage, and it is so enacted.