By:  Leedom                                             S.B. No. 58
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to financing public schools.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 151.801, Tax Code, is amended by amending
    1-4  Subsection (a) and adding Subsection (e) to read as follows:
    1-5        (a)  Except for the amount allocated under Subsections
    1-6  <Subsection> (b) and (e) of this section, all proceeds from the
    1-7  collection of the taxes imposed by this chapter shall be deposited
    1-8  to the credit of the general revenue fund.
    1-9        (e)  From the proceeds of the taxes collected under
   1-10  Subsection (a) of this section, the comptroller of public accounts
   1-11  shall deposit to the credit of the education equalization
   1-12  excellence fund the amount certified by the education equalization
   1-13  excellence fund budget committee for the purposes of financing the
   1-14  education excellence program under provisions of Section 16.256(b),
   1-15  Education Code.
   1-16        SECTION 2.  Subchapter A, Chapter 16, Education Code, is
   1-17  amended by adding Section 16.0011 to read as follows:
   1-18        Sec. 16.0011.  PROGRAM.  The education excellence program is
   1-19  established under this chapter for the support of public schools.
   1-20  A reference in law to the foundation school program is a reference
   1-21  to the education excellence program.
   1-22        SECTION 3.  Section 16.007(a), Education Code is amended to
   1-23  read as follows:
    2-1        (a)  Each school district <and each county education
    2-2  district> shall participate in the Public Education Information
    2-3  Management System (PEIMS) and shall provide through that system
    2-4  information required for the administration of this chapter and of
    2-5  other appropriate provisions of this code.
    2-6        SECTION 4.  Sections 16.201 and 16.202, Education Code, are
    2-7  amended to read as follows:
    2-8        Sec. 16.201.  PURPOSE.  The accountable costs of education
    2-9  studies are designed to support the development of the equalized
   2-10  funding <elements> necessary to provide an efficient state and
   2-11  local public school finance system which meets the state policy
   2-12  established in Section 16.001 of this code and provides the
   2-13  research basis for the equalized funding <elements under the
   2-14  provisions of Section 16.256 of this code>.
   2-15        Sec. 16.202.  STUDIES.  On a biennial basis, the Legislative
   2-16  Education Board and the Legislative Budget Board, with the
   2-17  assistance of the Educational Economic Policy Center and the
   2-18  Central Education Agency, shall complete each of the following
   2-19  studies and develop recommended amounts where appropriate for each
   2-20  year of the next biennium:
   2-21              (1)  a study of the fiscal neutrality of the system to
   2-22  determine the status of the state and local finance system with
   2-23  regard to the policies established under the provisions of Section
   2-24  16.001 of this code, including recommendations for adjustments
   2-25  necessary to maintain fiscal neutrality; and
    3-1              (2)  the accountable costs per student to school
    3-2  districts of providing educational programs, personnel, and other
    3-3  operating costs that meet accreditation criteria and the provisions
    3-4  of law and regulation <;>
    3-5              <(3)  program cost differentials designed by program to
    3-6  provide support for the added expense of high cost courses or
    3-7  programs for students participating in such courses or programs,
    3-8  with the program funding level expressed as dollar amounts and as
    3-9  weights applied to the adjusted basic allotment for the appropriate
   3-10  year;>
   3-11              <(4)  transportation and career ladder allotments;>
   3-12              <(5)  the levels of tax effort necessary for each tier
   3-13  of the Foundation School Program necessary to fulfill the
   3-14  requirements of Sections 16.001 and 16.008 of this code; and>
   3-15              <(6)  capital outlay and debt service requirements and
   3-16  formula elements for the requirements of Subchapter I of this
   3-17  chapter or other provisions of this chapter>.
   3-18        SECTION 5.  Sections 16.251(a) and (b), Education Code, are
   3-19  amended to read as follows:
   3-20        (a)  The <sum of the basic allotment under Subchapter C, the
   3-21  special allotments under Subchapter D, and the guaranteed yield
   3-22  allotments under Subchapter H, computed in accordance with the
   3-23  provisions of this chapter, constitute the total> cost of the
   3-24  Education Excellence <Foundation School> Program is<.>
   3-25        <(b)  The program shall be> financed by:
    4-1              (1)  <ad valorem tax revenue generated by an equalized
    4-2  uniform county education) district effort;>
    4-3              <(2)>  ad valorem tax revenue generated by local school
    4-4  district <district effort in excess of the equalized uniform county
    4-5  education district effort>;
    4-6              (2) <(3)>  state available school funds distributed in
    4-7  accordance with law; and
    4-8              (3) <(4)>  state funds appropriated for the purposes of
    4-9  public school education and allocated to each district in an amount
   4-10  sufficient to finance the cost of the program that is <each
   4-11  district's Foundation School Program> not covered by other funds
   4-12  specified in this subsection.
   4-13        SECTION 6.  Section 16.252, Education Code, as amended to
   4-14  read as follows:
   4-15        Sec. 16.252.  GUARANTEED AMOUNT <LOCAL SHARE OF PROGRAM COST
   4-16  (TIER ONE)>.  (a)  The education excellence program guarantees each
   4-17  school district an amount of $4,530 per student in average daily
   4-18  attendance.  To qualify for that amount a district must levy ad
   4-19  valorem taxes at a rate that results in a levy that is equal to the
   4-20  levy that results from the application of the rate of $1.25 per
   4-21  $100 valuation to the district's taxable value of property as
   4-22  determined under Section 11.86 of this code.
   4-23        (b)  If a district does not levy ad valorem taxes at a rate
   4-24  equal to or greater than the rate required under this section, that
   4-25  district may not receive funds allocated to the education
    5-1  equalization excellence fund by Section 151.801(e), Tax Code.
    5-2        (c)  <Each county education district's share of the
    5-3  Foundation School Program shall be an amount determined by the
    5-4  following formula:>
    5-5                            <LFA  TR X DPV>
    5-6  <where:>
    5-7        <"LFA" is the county education district's local share;>
    5-8        <"TR" is a tax rate which for each hundred dollars of
    5-9  valuation is $0.72 for the the 1991 1992 school year, $0.82 for the
   5-10  1992 1993 school year, $0.92 for the 1993 1994 school year, and
   5-11  $1.00 for each school year thereafter; and>
   5-12        <"DPV" is the taxable value of property in the county
   5-13  education district for the prior tax year determined under Section
   5-14  11.86 of this code.>
   5-15        <(b)>  The commissioner of education shall adjust the values
   5-16  reported in the official report of the comptroller as required by
   5-17  Section 5.09(a), Property Tax Code to reflect reductions in taxable
   5-18  value of property resulting from natural or economic disaster after
   5-19  January 1 in which the year which the valuations are determined.
   5-20  The decision of the commissioner of education shall be final.  <An
   5-21  adjustment does not affect the local fund assignment of any other
   5-22  county education district.>
   5-23        (d) <(c)>  Appeals of district values shall be held pursuant
   5-24  to Subsection (e) of Section 11.86 of this code.
   5-25        <(d)  A county education district shall raise its total local
    6-1  share of the foundation school program.  The funds shall be
    6-2  reallocated to the school districts in the county education
    6-3  district in the manner prescribed by Subchapter J of this chapter.>
    6-4        (e)  The commissioner of education shall hear appeals from
    6-5  <county education> districts which have experienced a rapid decline
    6-6  in tax base <used in calculating the local fund assignment>,
    6-7  exceeding eight percent of prior year, that is beyond the control
    6-8  of the board of trustees of the <county education> district.  The
    6-9  commissioner of education may adjust the <county education>
   6-10  district's taxable values <for local fund assignment purposes> for
   6-11  such losses in value exceeding eight percent <and thereby adjust
   6-12  the local fund assignment to reflect the local current year taxable
   6-13  value>  The decision of the commissioner of education shall be
   6-14  final.  <An adjustment does not affect the local fund assignment of
   6-15  any other county education district.>
   6-16        <(f)  For the purposes of Subsection (a) of the section, a
   6-17  county education district's "DPV" for 1991 1992 school year is the
   6-18  sum of the taxable value of property for the prior tax year
   6-19  determined under Section 11.86 of this code for the school
   6-20  districts composing the county education district.  This subsection
   6-21  expires September 1, 1992.>
   6-22        SECTION 7.  Subchapter G, Chapter 16, Education Code, is
   6-23  amended by adding Section 16.253 to read as follows:
   6-24        Sec. 16.253.  EDUCATION EQUALIZATION EXCELLENCE FUND.
   6-25  (a)  The education equalization excellence fund is a special fund
    7-1  in the state treasury.  The fund consists of state sales and use
    7-2  tax revenue credited to the fund under Section 151.801(e), Tax
    7-3  Code, and legislative appropriations.
    7-4        (b)  A reference in law to the foundation school fund is a
    7-5  reference to the education equalization excellence fund.
    7-6        SECTION 8.  Section 16.254(a), Education Code, is amended to
    7-7  read as follows:
    7-8        (a)  The commissioner of education shall determine annually:
    7-9              (1)  the amount of money guaranteed under the Education
   7-10  Excellence <necessary to operate a Foundation School> Program in
   7-11  each school district;
   7-12              (2)  the amount of local funds generated in <due> the
   7-13  school district by the district's ad valorem tax levy or the levy
   7-14  required under Section 16.252(a) of this code <from the local fund
   7-15  assignment of the county education district>; and
   7-16              (3)  the amount of state available school funds
   7-17  distributed to each school district.
   7-18        SECTION 9.  Section 16.256(a), Education Code, is amended to
   7-19  read as follows:
   7-20        (a)  The education equalization excellence <foundation
   7-21  school> fund budget committee is composed of the governor, the
   7-22  lieutenant governor, and the comptroller of public accounts.  A
   7-23  reference in law to the foundation school fund budget committee is
   7-24  a reference to the education equalization excellence fund budget
   7-25  committee.
    8-1        SECTION 10.  Section 16.258(b),  Education Code, is amended
    8-2  to read as follows:
    8-3        (b)  If the district would have received a greater amount
    8-4  from the education equalization excellence <foundation school> fund
    8-5  for the applicable school year using the adjusted value, the
    8-6  commissioner shall add the difference to subsequent distributions
    8-7  to the district from the <foundation school> fund.  <An adjustment
    8-8  does not affect the local fund assignment of any other district.>
    8-9        SECTION 11.  Sections 11.10(r) and (s), Education Code, are
   8-10  amended to read as follows:
   8-11        (r)  Costs  <Except for certain transportation costs, costs>
   8-12  of operation of the regional day school programs for the deaf shall
   8-13  be borne by the state and paid from the Education Equalization
   8-14  Excellence <Foundation School Program> Fund.  Such costs shall be
   8-15  considered and included by the Education Equalization Excellence
   8-16  <Foundation School> Fund Budget Committee in estimating the needs
   8-17  for purposes of the Education Excellence <Foundation School>
   8-18  Program and the regional day school programs for the deaf.
   8-19  However, funds allocated to countywide schools shall remain so
   8-20  allocated except in those regions in which the countywide program
   8-21  has been made a part of the appropriate region, as aforesaid.
   8-22  While the principal cost of education deaf children shall be borne
   8-23  by the state, independent school districts and all institutions of
   8-24  higher learning in the state are hereby authorized and encouraged
   8-25  to make available real or personal property or services in
    9-1  cooperation with the regional day school programs for the deaf for
    9-2  any activities related to education and betterment of education of
    9-3  deaf children including but not limited to research and personnel
    9-4  training and development.  The school district in which a regional
    9-5  day school is located shall bear the costs of transporting students
    9-6  in the program who live within the district <and is entitled to
    9-7  have those students counted in its allotment of transportation
    9-8  funds from the state>.  The regional day school program shall bear
    9-9  the costs of transporting children who live outside the district to
   9-10  the regional day school.  It is the intent of the legislature in
   9-11  enacting this subsection that the use of all of the educational
   9-12  resources of this state be maximized to carry out the intent and
   9-13  objectives of this Act.
   9-14        (s)  Operating costs for the program in each regional day
   9-15  school program for the deaf shall be determined and paid on the
   9-16  following basis:
   9-17              (1)  An estimated allocation of $2,700 for each student
   9-18  enrolled in the program of the regional day school program for the
   9-19  deaf in any current year.
   9-20              (2)  Teachers, principals, supervisors, counselors,
   9-21  paraprofessional and supporting personnel shall be employed in such
   9-22  numbers as the Central Education Agency finds to be necessary to
   9-23  establish and operate the regional day school programs for the
   9-24  deaf, and such numbers shall not be less than student-professional
   9-25  ratios known to be requisite for success in education of deaf
   10-1  children.  Salaries of all personnel employed in the regional day
   10-2  school programs for the deaf shall be determined in accordance with
   10-3  policies established by the State Board of Education.
   10-4        <(3)  Local districts may receive allocations for
   10-5  transportation of students participating in the regional day school
   10-6  programs on the same basis as that provided for the Section 16.206
   10-7  of this code.>
   10-8        SECTION 12.  Section 11.29(e), Education Code, is amended to
   10-9  read as follows:
  10-10        (e)  The budget cost of operating the Central Education
  10-11  Agency which is paid from the education equalization excellence
  10-12  <foundation school program> fund shall be included in the estimated
  10-13  cost of the Education Excellence <Foundation School> Program <which
  10-14  is computed by the State Board of Education in March of each year
  10-15  for the determination of the local fund assignment to be charged to
  10-16  each school district>.
  10-17        SECTION 13.  Section 11.32(f), Education Code, is amended to
  10-18  read as follows:
  10-19        (f)  Basic costs for the provision of regional education
  10-20  services to school districts and coordination of educational
  10-21  planning in the region and for the administrative costs necessary
  10-22  to support these services shall be paid from the Education
  10-23  Equalization Excellence <Foundation School> Fund.  Each Regional
  10-24  Education Service Center shall receive an annual allotment of
  10-25  $200,000, with the remainder of the funds available under the
   11-1  provisions of this subsection to be allocated to the Regional
   11-2  Education Service Centers on the basis of the average daily
   11-3  attendance within the area of operation for each Regional Education
   11-4  Service Center as determined for the next preceding school year.
   11-5  The allotment amounts here authorized to be granted by the State
   11-6  Board of Education shall not exceed in any year a sum equal to .45
   11-7  percent multiplied by the following specified elements of cost
   11-8  <contained in the Foundation School Program> for the current school
   11-9  year:  salaries, maintenance and operation, vocational operating
  11-10  costs, transportation-regular, transportation-special education,
  11-11  transportation-vocational education, agency administration, other
  11-12  special education programs, vocational contract services, bilingual
  11-13  education, preschool non-English speaking, preschool deaf,
  11-14  compensatory education, driver education, and minimum aid.
  11-15        SECTION 14.  Section 11.86(a), Education Code, is amended to
  11-16  read as follows:
  11-17        (a)  The comptroller shall conduct an annual study using
  11-18  comparable sales and generally accepted auditing and sampling
  11-19  techniques to determine the total value of all taxable property in
  11-20  each <county education> school district <and each of its component
  11-21  school district>.  The study shall determine the taxable value of
  11-22  all property and of each category of property within the district
  11-23  and the productivity value of all land that qualifies for appraisal
  11-24  on the basis of its productive capacity and for which the owner has
  11-25  applied for and received a productivity appraisal.  In conducting
   12-1  the study, the comptroller shall review the appraisal standards,
   12-2  procedures, and methodology used by each appraisal district to
   12-3  determine the taxable value of property in each school district.
   12-4  The review must test the validity of the taxable values assigned to
   12-5  each category of property by the appraisal district:
   12-6              (1)  using, if appropriate, samples selected through
   12-7  generally accepted sampling techniques; and
   12-8              (2)  according to generally accepted standard
   12-9  valuation, statistical compilation, and analysis techniques.  If
  12-10  the comptroller finds in the annual study that generally accepted
  12-11  appraisal standards and practices were used by the appraisal
  12-12  district in valuing a particular category of property, and that the
  12-13  taxable values assigned to each category of property by the
  12-14  appraisal are valid, the appraisal roll value of that category of
  12-15  property is presumed to represent taxable value.  In the absence of
  12-16  such a presumption, the comptroller shall estimate the taxable
  12-17  value of that category of property using generally accepted
  12-18  standard valuation, statistical compilation, and analysis
  12-19  techniques.  For the purposes of this section, "taxable value"
  12-20  means market value less:
  12-21              (1)  the total dollar amount of any exemptions of part
  12-22  but not all of the value of taxable property required by the
  12-23  constitution or a statute that a district lawfully granted in the
  12-24  year that is the subject of the study;
  12-25              (2)  the total dollar amount of any exemptions granted
   13-1  within a reinvestment zone under agreements authorized by the
   13-2  Property Redevelopment and Tax Abatement Act (Chapter 312, Tax
   13-3  Code);
   13-4              (3)  the total dollar amount of any captured appraisal
   13-5  value of property that is located in a reinvestment zone and that
   13-6  is eligible for tax increment financing under the Tax Increment
   13-7  Financing Act (Chapter 311, Tax Code);
   13-8              (4)  the total dollar amount of any exemptions granted
   13-9  under Section 11.251, Tax Code;
  13-10              (5)  the difference between the market value and the
  13-11  productivity value of land that qualifies for appraisal on the
  13-12  basis of its productive capacity, except that the productivity
  13-13  value may not exceed the fair market value of the land;
  13-14              (6)  the portion of the appraised value of residence
  13-15  homesteads of the elderly on which school district taxes are not
  13-16  imposed in the year that is the subject of the study, calculated as
  13-17  if the residence homesteads were appraised at the full value
  13-18  required by law;
  13-19              (7)  a portion of the market value of property not
  13-20  otherwise fully taxable by the district at market value because of
  13-21  action required by statute or the Texas Constitution that, if the
  13-22  tax rate adopted by the district is applied to it, produces an
  13-23  amount equal to the difference between the tax that the district
  13-24  would have imposed on the property if the property were fully
  13-25  taxable at market value and the tax that the district is actually
   14-1  authorized to impose on the property; and
   14-2              (8)  the market value of all tangible personal
   14-3  property, other than manufactured homes, owned by a family or
   14-4  individual and not held or used for the production of income.
   14-5        SECTION 15.  Section 21.063, Education Code, is amended to
   14-6  read as follows:
   14-7        Sec. 21.063.  TUITION FEE FOR TRANSFER STUDENTS.  The
   14-8  receiving district may charge a tuition fee to the extent that the
   14-9  district's actual expenditure per student in average daily
  14-10  attendance, determinable by its board of trustees, exceeds the sum
  14-11  the district benefits form the state aid sources as provided in
  14-12  Section 21.062 of this code <and county education funds distributed
  14-13  under Subchapter J, Chapter 16, of this code>.  However, unless a
  14-14  tuition fee is prescribed and set out in transfer agreement prior
  14-15  to its execution by the parties, no increase in tuition charge
  14-16  shall be made for the year of that transfer that exceeds the
  14-17  tuition charge, if any, of the preceding school year.
  14-18        SECTION 16.  Section 21.173(a), Education Code, is amended to
  14-19  read as follows:
  14-20        (a)  Except as otherwise provided by this section, a school
  14-21  district that receives funding under the education excellence
  14-22  program <Subsection (h) of Section 16.156 of this code> may not
  14-23  require or allow a child to stand on a school bus that is in
  14-24  motion.
  14-25        SECTION 17.  Section 21.177(d), Education Code, is amended to
   15-1  read as follows:
   15-2        (d)  In approving a transportation system for a school
   15-3  district or county, consideration shall be given to providing
   15-4  transportation for only those pupils who reside in hazardous areas
   15-5  or live two or more miles from the school they attend except
   15-6  handicapped pupils.  No consideration shall be given to providing
   15-7  transportation for pupils transferred from one district to another
   15-8  when their grades are taught in their home district unless
   15-9  transferred as provided by law and transportation has been approved
  15-10  as provided by law.  A district may provide transportation to
  15-11  pupils to after-school child care facilities or to pupils who live
  15-12  within two miles of the school they attend, and may charge a
  15-13  reasonable fee for such transportation<, provided that such
  15-14  transportation shall not be eligible for funding pursuant to
  15-15  Section 16.156 of this code>.
  15-16        SECTION 18.  Section 21.181, Education Code, is amended to
  15-17  read as follows:
  15-18        Sec. 21.181.  CONTRACT WITH TRANSPORTATION COMPANY OR SYSTEM.
  15-19  (a)  As an alternative to maintaining and operating a complete
  15-20  public school transportation system under this subchapter, a county
  15-21  or local district school board may contract with a public or
  15-22  commercial transportation company or system for all or any part of
  15-23  its public school transportation if the board is able to obtain an
  15-24  economically advantageous contract, provided that the commercial
  15-25  transportation company or system:
   16-1              (1)  requires its school bus drivers to be certified by
   16-2  the Central Education Agency;
   16-3              (2)  uses only those school buses in transporting
   16-4  public school students that satisfy safety requirements imposed by
   16-5  law on school buses operated by public school transportation
   16-6  systems; and
   16-7              (3)  agrees to meet the alternative fuels requirements
   16-8  of Section 21.174 for those buses dedicated to the contract;
   16-9  provided, however, the company or system may claim all exceptions
  16-10  available to county and local district school boards under Section
  16-11  21.174.
  16-12        (b)  A contract is economically advantageous if the cost of
  16-13  the service contracted for is equal to or less than the total cost
  16-14  to the school district for providing its own complete bus service.
  16-15  <The total cost to the school district is the state transportation
  16-16  cost allotment plus the supplementary funds necessarily provided by
  16-17  the local school district to provide complete transportation
  16-18  services.  In determining if a contract is economically
  16-19  advantageous, taxes paid by the commercial transportation company
  16-20  or system on gasoline, diesel fuel, or liquefied petroleum gas may
  16-21  not be considered.>
  16-22        (c)  <This section in no way prohibits the local school board
  16-23  from supplementing the state transportation cost allotment with
  16-24  local funds necessary to provide complete transportation services.>
  16-25        <(d)>  The State Board of Education shall adopt rules for the
   17-1  administration of this section.
   17-2        (d)  <(c)>  Contracts for alternative public school
   17-3  transportation may include provisions for transporting students to
   17-4  and from approved school activities.
   17-5        <(f)  Upon approval of the contract by the State Board of
   17-6  Education, the portion of the annual transportation allotment which
   17-7  is to be used to finance the contract for alternative
   17-8  transportation services shall be included in the annual
   17-9  transportation cost allotment for the respective county or
  17-10  district.>
  17-11        SECTION 19.  Section 21.552(c), Education Code, is amended to
  17-12  read as follows:
  17-13        (c)  The Central Education agency shall develop and
  17-14  distribute study guides to assist parents in providing remedial
  17-15  assistance during the period that school is recessed for summer to
  17-16  students who do not perform satisfactorily on one or more parts of
  17-17  the assessment instrument administered at the third, fifth, or
  17-18  seventh grade level.  <The commissioner of education shall retain a
  17-19  portion of the total amount allotted under Section 16.152(a) of
  17-20  this code that the commissioner considers appropriate to finance
  17-21  the development and distribution of the study guides and shall
  17-22  reduce each district's allotment proportionately.>
  17-23        SECTION 20.  Section 105.95(e), Education Code, is amended to
  17-24  read as follows:
  17-25        (e)  The academy is not subject to the provisions of this
   18-1  code, or to the rules of the Central Education Agency, regulating
   18-2  public schools, except that:
   18-3              (1)  professional employees of the academy are entitled
   18-4  to the limited liability of an employee under Section 21.912 or
   18-5  21.914 of this code;
   18-6              (2)  a student's attendance at the academy satisfies
   18-7  compulsory school attendance requirements; and
   18-8              (3)  for each student enrolled, the academy is entitled
   18-9  to allocate from the education excellence <foundation school>
  18-10  program under Chapter 16 of this code as if the academy were a
  18-11  school district<, except that the academy has a local share applied
  18-12  that is equivalent to the local share assignment of the Denton
  18-13  Independent School District>.
  18-14        SECTION 21.  Section 1.04(12), Tax Code, is amended to read
  18-15  as follows:
  18-16              (12)  "Taxing unit" means a county, an incorporated
  18-17  city or town (including a home-rule city), a school district, <a
  18-18  county education district,> a special district or authority
  18-19  (including a junior college district, a hospital district, a
  18-20  district created by or pursuant to the Water Code, a mosquito
  18-21  control district, a fire prevention district, or a noxious weed
  18-22  control district), or any other political unit of this state,
  18-23  whether created by or pursuant to the constitution or a local
  18-24  special, or general law, that is authorized to impose and is
  18-25  imposing ad valorem taxes on property even if the governing body of
   19-1  another political unit determines the tax rate for the unit or
   19-2  otherwise governs its affairs.
   19-3        SECTION 22.  Section 6.02(b), Tax Code, is amended to read as
   19-4  follows:
   19-5        (b)  A taxing unit <other than a county education district>
   19-6  that has boundaries extending into two or more counties may choose
   19-7  to participate in only one of the appraisal districts.  In that
   19-8  event, the boundaries of the district chosen extend outside the
   19-9  county to the extent of the unit's boundaries.  To be effective,
  19-10  the choice must be approved by resolution of the board of directors
  19-11  of the district chosen.  <A county education district that has
  19-12  boundaries extending into two or more counties must participate in
  19-13  each appraisal district in which one of its component school
  19-14  district's participates for purposes of appraisal of the component
  19-15  school district's territory.>
  19-16        SECTION 23.  Sections 6.03(c)-(e), Tax Code, are amended to
  19-17  read as follows:
  19-18        (c)  Members of the board of directors are appointed by vote
  19-19  of the governing bodies of the incorporated cities and towns, the
  19-20  school districts <other than the county education district>, and,
  19-21  if entitled to vote, the conservation and reclamation districts
  19-22  that participate in the district and of the county.   A governing
  19-23  body may cast all its votes for one candidate or distribute them
  19-24  among candidates for any number of directorships.  Conservation and
  19-25  reclamation districts are not entitled to vote unless at least one
   20-1  conservation and reclamation district in the district delivers to
   20-2  the chief appraiser a written request to nominate and vote on the
   20-3  board of directors by June 1 of each odd-numbered year.  On receipt
   20-4  of a request, the chief appraiser shall certify a list by June 15
   20-5  of all eligible conservation and reclamation districts that are
   20-6  imposing taxes and that participate in the district.
   20-7        (d)  The voting entitlement of a taxing unit that is entitled
   20-8  to vote for directors is determined by dividing the total dollar
   20-9  amount of property taxes imposed in the district by the taxing unit
  20-10  for the preceding tax year by the sum of the total dollar amount of
  20-11  property taxes imposed in the district for that year by each taxing
  20-12  unit that is entitled to vote, by multiplying the quotient by 1,000
  20-13  and by rounding the product to the nearest whole number.  That
  20-14  number is multiplied by the number of directorships to be filled.
  20-15  <For a school district, the total dollar amount of property taxes
  20-16  imposed in the district by the unit is considered to be the sum of
  20-17  the taxes imposed by the district and the revenue received by the
  20-18  district from the county education district.>  A taxing unit
  20-19  participating in two or more districts is entitled to vote in each
  20-20  district in which it participate, but only the taxes imposed in a
  20-21  district are used to calculate voting entitlement in that district.
  20-22        (e)  The chief appraiser shall calculate the number of votes
  20-23  to which each taxing unit other than a conservation and reclamation
  20-24  district is entitled and shall deliver written notice to each of
  20-25  those units of its voting entitlement before October 1 of each
   21-1  odd-numbered year.  The chief appraiser shall deliver the notice:
   21-2              (1)  to the county judge and each commissioner of the
   21-3  county served by the appraisal district;
   21-4              (2)  to the presiding officer of the governing body of
   21-5  each city or town participating in the appraisal district, to the
   21-6  city manager of each city or town having a city manager, and to the
   21-7  city secretary or clerk, if there is one, of each city or town that
   21-8  does not have a city manager; and
   21-9              (3)  to the presiding officer of the governing body of
  21-10  each school district<, other than the county education district,>
  21-11  participating in the district and to the superintendent of each
  21-12  <those> school district <districts>.
  21-13        SECTION 24.  Sections 6.06(d) and (h), Tax Code, are amended
  21-14  to read as follows:
  21-15        (d)  Each taxing unit participating in the district<, other
  21-16  than a county education district,> is allocated a portion of the
  21-17  amount of the budget equal to the proportion that the total dollar
  21-18  amount of property taxes imposed in the district by the unit for
  21-19  the tax year in which the budget proposal is prepared bears to the
  21-20  sum of the total dollar amount of property taxes imposed in the
  21-21  district by each participating unit for that year.  <for a school
  21-22  district, other than a county education district, the total dollar
  21-23  amount of property taxes imposed in the district by the unit is
  21-24  considered to be the sum of the taxes imposed by the district and
  21-25  the revenue received by the district from the county education
   22-1  district.>  If a taxing unit participates in two or more districts,
   22-2  only the taxes imposed in a district are used to calculate the
   22-3  unit's cost allocations in that district.  If the number of real
   22-4  property parcels in a taxing unit is less than 5 percent of the
   22-5  total number of real property parcels in the district and the
   22-6  taxing unit imposes in excess of 25 percent of the total amount of
   22-7  the property taxes imposed in the district by all of the
   22-8  participating taxing units for a year, the unit's allocation may
   22-9  not exceed a percentage of the appraisal district's budget equal to
  22-10  three time the unit's percentage of the total number of real
  22-11  property parcels appraised by the district.
  22-12        (h)  If a newly formed taxing unit or a taxing unit that did
  22-13  not impose taxes in the preceding year<, other than a county
  22-14  education district,> imposes taxes in any tax year, that unit is
  22-15  allocated a portion of the amount budgeted to operate the district
  22-16  as if it had imposed taxes in the preceding year, except that the
  22-17  amount of taxes the unit imposes in the current year is used to
  22-18  calculate its allocation.  Before the amount of taxes to be imposed
  22-19  for the current year is known, the allocation may be based on an
  22-20  estimate to which the district board of directors and the governing
  22-21  body of the unit agree, and the payments made after that amount is
  22-22  known shall be adjusted to reflect the amount imposed.  The
  22-23  payments of a newly formed taxing unit that has no source of funds
  22-24  are postponed until the unit has received adequate tax or other
  22-25  revenues.
   23-1        SECTION 25.  Sections 11.13(d), (e), (m), and (n), Tax Code,
   23-2  are amended to read as follows:
   23-3        (d)  In addition to the exemptions provided by Subsections
   23-4  (b) and (c) of this section, and individual who is disabled or is
   23-5  65 or older is entitled to an exemption from taxation by a taxing
   23-6  unit of a portion (the amount of which is fixed as provided by
   23-7  Subsection (e) of this section) of the appraised value of his
   23-8  residence homestead if the exemption is adopted either:
   23-9              (1)  by the governing body of the taxing unit <other
  23-10  than a county education district>; or
  23-11              (2)  by a favorable vote of a majority of the qualified
  23-12  voters of the taxing unit at an election called by the governing
  23-13  body of the taxing unit <other than a county education district>,
  23-14  and the governing body shall call the election on the petition of
  23-15  at least 20 percent of the number of qualified voters who voted in
  23-16  the preceding election of the taxing unit<, or>
  23-17              <(3)  by a favorable vote of a majority of the
  23-18  qualified voters of a county education district at an election held
  23-19  under Section 20.950, Education Code>.
  23-20        (e)  The amount of an exemption adopted as provided by
  23-21  Subsection (d) of this section is $3,000 of the appraised value of
  23-22  the residence homestead unless a larger amount is specified by:
  23-23              (1)  the governing body authorizing the exemption if
  23-24  the exemption is authorized as provided by Subdivision (1) of
  23-25  Subsection (d) of this section; or
   24-1              (2)  the petition for the election if the exemption is
   24-2  authorized as provided by Subdivision (2) of Subsection (d) of this
   24-3  section<; or>
   24-4              <(3)  the proposition approved at an election held
   24-5  under Section 20.950, Education Code>.
   24-6        (m)  In this section:
   24-7              (1)  "Disabled" means under a disability for purposes
   24-8  of payment of disability insurance benefits under Federal Old-Age,
   24-9  Survivors, and Disability Insurance.
  24-10              (2)  "School district" means a political subdivision
  24-11  organized to provide general elementary and secondary public
  24-12  education.  <"School district" includes a county education district
  24-13  established by the consolidation of the local school districts in
  24-14  its boundaries for the limited purpose of exercising a portion of
  24-15  the taxing power previously authorized by the voters in those
  24-16  school district.>  "School district" does not include a junior
  24-17  college district or a political subdivision organized to provide
  24-18  special education services.
  24-19        (n)  In addition to any other exemptions provided by this
  24-20  section, an individual is entitled to an exemption form taxation by
  24-21  a taxing unit <other than a county education district> of a
  24-22  percentage of the appraised value of his residence homestead if the
  24-23  exemption is adopted by the governing body of the taxing unit
  24-24  before May 1 in the manner provided by law for official action by
  24-25  the body.  If the percentage set by the taxing unit produces an
   25-1  exemption in a tax year of less than $5,000 when applied to a
   25-2  particular residence homestead, the individual is entitled to an
   25-3  exemption of $5,000 of the appraised value.  The percentage adopted
   25-4  by the taxing unit may not exceed 20 percent.  <In addition to any
   25-5  other exemptions provided by this section, an individual is
   25-6  entitled to an exemption form taxation by a county education
   25-7  district of a percentage of the appraised value of his residence
   25-8  homestead if the exemption is adopted by the voters of the district
   25-9  at an election held in the district for the purpose under Section
  25-10  20.946, Education Code.  If the percentage set by the voters
  25-11  produces an exemption in a tax year of less than $5,000 when
  25-12  applied to a particular residence homestead, the individual is
  25-13  entitled to an exemption of $5,000 of the appraised value.  The
  25-14  percentage adopted by the voters may not exceed 20 percent.>
  25-15        SECTION 26.  Sections 11.14(c) and (e), Tax Code, are amended
  25-16  to read as follows:
  25-17        (c)  The governing body of a taxing unit<, other than a
  25-18  county education district,> by resolution or order depending upon
  25-19  the method prescribed by law for official action by that governing
  25-20  body, may provide for taxation of tangible personal property
  25-21  exempted under Subsection (a).  <The voters of a county education
  25-22  district, by an election held under Section 20.951, Education Code,
  25-23  may provide for taxation of tangible personal property exempted
  25-24  under Subsection (a).>  If a taxing unit provides for taxation of
  25-25  tangible personal property as provided by this subsection, the
   26-1  exemption prescribed by Subsection (a) does not apply to that unit.
   26-2        (e)  A political subdivision <other than a county education
   26-3  district> choosing to tax property otherwise made exempt by this
   26-4  section, pursuant to Article VIII, Section 1(e), of the Texas
   26-5  Constitution, may not do so until the governing body of the
   26-6  political subdivision has held a public hearing on the matter,
   26-7  after having given notice of the hearing at the times and in the
   26-8  manner required by this subsection, and has found that the action
   26-9  will be in the public interest of all the residents of that
  26-10  political subdivision.  At the hearing, all interested persons are
  26-11  entitled to speak and present evidence for or against taxing the
  26-12  property.   Not later than the 30th day prior to the date of a
  26-13  hearing held under this subsection, notice of the hearing must be:
  26-14              (1)  published in a newspaper having general
  26-15  circulation in the political subdivision and in a section of the
  26-16  newspaper other than the advertisement section;
  26-17              (2)  not less than one-half of one page in size; and
  26-18              (3)  republished on not less than three separate days
  26-19  during the period beginning with the 10th day prior to the hearing
  26-20  and ending with the actual date of the hearing.
  26-21        SECTION 27.  All county education districts are abolished.
  26-22        SECTION 28.  (a)  On the effective date of this Act, the
  26-23  funds and other assets of a county education district are
  26-24  transferred to its component school districts in the manner
  26-25  provided by rule of the commissioner of education.
   27-1        (b)  On the effective date of this Act, the contracts and
   27-2  other liabilities of a county education district are transferred to
   27-3  its component school districts in the manner provided by rule of
   27-4  the commissioner of education.
   27-5        (c)  The component school districts of a county education
   27-6  district may collect and use or distribute taxes imposed by the
   27-7  county education district that are delinquent in the manner
   27-8  provided by rule of the commissioner of education.
   27-9        (d)  The commissioner of education shall adopt rules for the
  27-10  maintenance of county education district records.
  27-11        (e)  The commissioner of education shall adopt rules required
  27-12  under this section not later than July 31, 1993.
  27-13        SECTION 29.  For 1993, a school district's effective
  27-14  maintenance rate under Section 26.08(a), Tax Code, are increased by
  27-15  an amount equal to the county education district's tax rate in the
  27-16  1992-1993 school year.
  27-17        SECTION 30.  (a)  The following provisions of the Education
  27-18  Code are repealed:
  27-19              (1)  Sections 1.05, 16.002, 16.007(c), 16.008-16.011,
  27-20  16.203, 16.204, 16.206, 16.256(d)-(g), 19.027(f) and (g), 20.09,
  27-21  21.112(m), 21.172(b), 21.182(f), and 21.558;
  27-22              (2)  Subchapter D, Chapter 14;
  27-23              (3)  Subchapters C, D, and J, Chapter 16; and
  27-24              (4)  Subchapter G, Chapter 20.
  27-25        (b)  The following sections of the Tax Code are repealed:
   28-1  6.061(f), 26.12(e), and 312.002(e) and (f).
   28-2        SECTION 31.  No district shall receive less funds for the
   28-3  1993-1994 school year than the district would have received under
   28-4  the prior provisions of the Education Code, with the exception that
   28-5  the financial impact of the provisions relating to average daily
   28-6  attendance under Section 16.006, Education Code, shall not be held
   28-7  harmless.  The commissioner of education shall provide for
   28-8  appropriate calculations to implement this section.
   28-9        SECTION 32.  This Act takes effect beginning with the
  28-10  1993-1994 school year.
  28-11        SECTION 33.  The importance of this legislation and the
  28-12  crowded condition of the calendars in both houses create an
  28-13  emergency and an imperative public necessity that the
  28-14  constitutional rule requiring bills to be read on three several
  28-15  days in each house be suspended, and this rule is hereby suspended.