BILL ANALYSIS C.S.S.B. 405 By: Bivins Finance 4-28-95 Committee Report (Substituted) BACKGROUND Currently, school districts' expenditures are evenly divided over the year, but the revenue they receive, is not distributed evenly. Consequently, school districts either maintain undesignated unreserved fund balances or borrow to remedy the imbalance that occurs when the cash on hand is not enough to pay the bills. Most school districts run a cash deficit during the first two or three months of the school year. In November, as local property taxes are received, cash receipts begin to meet the amount required to finance operations. PURPOSE As proposed, C.S.S.B. 405 requires annual entitlement to the school districts to be made at certain times and amends the percentages to be paid. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 16.260(b)-(d), Education Code, to set forth the required annual entitlement to the school districts to be made in installments at certain times and amends the percentages to be paid. SECTION 2. Amends Section 404.121, Government Code, as follows: Sec. 404.121. DEFINITIONS. Defines "cash flow deficit." Redefines "temporary cash shortfall." SECTION 3. Amends Section 404.123(d), Government Code, to delete requirements regarding the interest rate on notes. SECTION 4. Amends Section 404.124, Government Code, as follows: (a) Makes a nonsubstantive change. (b) Authorizes the committee to approve the issuance of notes and the maximum outstanding balance of notes in any fiscal year. Prohibits the outstanding balance from exceeding the maximum temporary cash shortfall forecast by the treasurer for any period in the fiscal year. Prohibits the treasurer from issuing notes in excess of the amount approved. Deletes existing text. (c) Authorizes the committee to determine whether the notes shall be sold on a negotiated or competitive or competitive bid basis. Requires the underwriter of any notes issued under this section to be selected by the solicitation of sealed bids and an appropriate bid notice to be published in at least one time in one or more recognized financial publications of general circulation published within the state and one or more recognized financial publications of general circulation published outside the state. Requires the underwriter to be selected from the bids received, unless all bids are rejected. Prohibits the treasurer from selling the notes in a manner not approved. Deletes existing text. SECTION 5. Effective date: September 1, 1995. SECTION 6. Emergency clause.