By Rabuck                                              H.B. No. 488
       74R2273 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to financing public schools.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 16.001 and 16.002, Education Code, are
    1-5  amended to read as follows:
    1-6        Sec. 16.001.  State Policy.  <(a)>  It is the policy of the
    1-7  State of Texas that the provision of public education is a state
    1-8  responsibility and that a thorough <and efficient> system be
    1-9  provided and <substantially> financed through state revenue sources
   1-10  so that each student enrolled in the public school system shall
   1-11  have access to programs and services that are appropriate to the
   1-12  student's basic <his or her> educational needs <and that are
   1-13  substantially equal to those available to any similar student,
   1-14  notwithstanding varying local economic factors>.
   1-15        <(b)  The public school finance system of the State of Texas
   1-16  shall adhere to a standard of neutrality which provides for
   1-17  substantially equal access to similar revenue per student at
   1-18  similar tax effort, considering all state and local tax revenues of
   1-19  districts after acknowledging all legitimate student and district
   1-20  cost differences.>
   1-21        Sec. 16.002.  Purpose of Foundation School Program.
   1-22  <(a)>  The purpose <purposes> of the Foundation School Program set
   1-23  forth in this chapter is <are> to guarantee that each school
   1-24  district in the state has<:>
    2-1              <(1)>  adequate resources to provide each eligible
    2-2  student a basic instructional program and facilities suitable to
    2-3  the student's educational needs<; and>
    2-4              <(2)  access to a substantially equalized program of
    2-5  financing in excess of basic costs for certain services, as
    2-6  provided by this chapter.>
    2-7        <(b)  The Foundation School Program consists of two tiers to
    2-8  provide for the purposes specified by Subsection (a) of this
    2-9  section.  The first tier guarantees sufficient financing for all
   2-10  school districts to provide a basic program of education that meets
   2-11  accreditation and other legal standards.  The second tier provides
   2-12  a guaranteed yield system of financing to provide all school
   2-13  districts with substantially equal access to funds to provide an
   2-14  enriched program and additional funds for facilities>.
   2-15        SECTION 2.  Subchapter C, Chapter 16, Education Code, is
   2-16  amended to read as follows:
   2-17        SUBCHAPTER C.  <BASIC> ENTITLEMENT FOR CORE CURRICULUM
   2-18        Sec. 16.101.  Basic Allotment.  A school <For each student in
   2-19  average daily attendance, not including the time students spend
   2-20  each day in special education programs in an instructional
   2-21  arrangement other than mainstream or vocational education programs,
   2-22  for which an additional allotment is made under Subchapter D of
   2-23  this chapter, a> district is entitled to an allotment in an amount
   2-24  sufficient to pay the entire cost to the district of offering the
   2-25  core curriculum as prescribed by Section 16.102 <of $2,300 or a
   2-26  greater amount adopted by the foundation school fund budget
   2-27  committee under Section 16.256> of this code.  A greater amount for
    3-1  any school year may be provided by appropriation.
    3-2        Sec. 16.102.  CORE CURRICULUM <COST OF EDUCATION ADJUSTMENT>.
    3-3  (a)  The Central Education Agency shall develop a core curriculum
    3-4  that will provide all students with a basic education.  The agency
    3-5  shall submit the curriculum to the State Board of Education for
    3-6  approval not later than August 1 of each even-numbered year.  The
    3-7  State Board of Education shall adopt a core curriculum not later
    3-8  then September 1 of each even-numbered year.  The core curriculum
    3-9  must be offered by every district receiving funds under this
   3-10  chapter.  The State Board of Education shall evaluate and, if
   3-11  necessary, amend the elements of the curriculum not later than
   3-12  September 1 of every even-numbered year <basic allotment for each
   3-13  district is adjusted to reflect the geographic variation in known
   3-14  resource costs and costs of education due to factors beyond the
   3-15  control of the school district>.
   3-16        (b)  The core curriculum adopted by the State Board of
   3-17  Education under Subsection (a) must include elements sufficient to
   3-18  provide each student with a basic education as required by Section
   3-19  16.001 <adjustment for the 1993-1994 and 1994-1995 school years is
   3-20  the cost of education index and formula adopted in December 1990 by
   3-21  the foundation school fund budget committee.  The commissioner of
   3-22  education shall recalculate the cost of education index for school
   3-23  districts that are eligible for the adjustment under Section 16.103
   3-24  of this code, excluding from the computation the calculation for
   3-25  the diseconomies of scale component and substituting a value of
   3-26  1.00.  Beginning with the 1995-1996 school year, the foundation
   3-27  school fund budget committee shall determine the cost of education
    4-1  adjustment under Section 16.256>.
    4-2        (c)  The agency shall determine the cost for all school
    4-3  districts to provide the core curriculum and the cost to provide
    4-4  the facilities needed for the core curriculum and shall submit that
    4-5  amount to the comptroller not later than November 1 of each
    4-6  even-numbered year.  If those costs can be financed by the amount
    4-7  certified to the comptroller for the foundation school fund under
    4-8  Section 16.256(b), the comptroller shall certify the core
    4-9  curriculum.  If the curriculum cannot be completely financed by
   4-10  that amount, the comptroller shall return the curriculum to the
   4-11  agency with instructions to amend the elements of the curriculum to
   4-12  reduce the cost to an amount available through the foundation
   4-13  school fund.
   4-14        Sec. 16.103.  LOCAL ENRICHMENT.  A school district may tax
   4-15  local property as provided by Chapter 20 for programs and
   4-16  facilities approved by the Central Education Agency.  The agency
   4-17  must approve or disapprove the use of the tax not later than the
   4-18  30th day after the date the school district submits the proposed
   4-19  use of the tax to the agency. <SMALL DISTRICT ADJUSTMENT.  (a)  The
   4-20  basic allotment for certain small districts is adjusted in
   4-21  accordance with Subsections (b) and (c) of this section.  In this
   4-22  section:>
   4-23              <(1)  "AA" is the district's adjusted allotment per
   4-24  student;>
   4-25              <(2)  "ADA" is the number of students in average daily
   4-26  attendance for which the district is entitled to an allotment under
   4-27  Section 16.101 of this code; and>
    5-1              <(3)  "ABA" is the adjusted basic allotment determined
    5-2  under Section 16.102 of this code.>
    5-3        <(b)  The basic allotment of a school district that contains
    5-4  at least 300 square miles and has not more than 1,600 students in
    5-5  average daily attendance is adjusted by applying the formula:>
    5-6        <(c)  The basic allotment of a school district that contains
    5-7  less than 300 square miles and has not more than 1,600 students in
    5-8  average daily attendance is adjusted by applying the formula:>
    5-9        <Sec. 16.1031.  USE OF SMALL DISTRICT ADJUSTMENT IN
   5-10  CALCULATING SPECIAL ALLOTMENTS.  In determining the amount of a
   5-11  special allotment under Subchapter D of this chapter  for a
   5-12  district to which Section 16.103 of this code applies, a district's
   5-13  adjusted basic allotment is considered to be the district's
   5-14  adjusted allotment determined under Section 16.103.>
   5-15        <Sec. 16.104.  SPARSITY ADJUSTMENT.  Notwithstanding Sections
   5-16  16.101, 16.102, and 16.103 of this code, a school district that has
   5-17  fewer than 130 students in average daily attendance shall be
   5-18  provided an adjusted basic allotment on the basis of 130 average
   5-19  daily attendance if it offers a kindergarten through grade 12
   5-20  program and has prior or current year's average daily attendance of
   5-21  at least 90 students or is 30 miles or more by bus route from the
   5-22  nearest high school district.  A district offering a kindergarten
   5-23  through grade 8 program whose prior or current year's average daily
   5-24  attendance was at least 50 students or which is 30 miles or more by
   5-25  bus route from the nearest high school district shall be provided
   5-26  an adjusted basic allotment on the basis of 75 average daily
   5-27  attendance.  An average daily attendance of 60 students shall be
    6-1  the basis of providing the adjusted basic allotment if a district
    6-2  offers a kindergarten through grade 6 program and has prior or
    6-3  current year's average daily attendance of at least 40 students or
    6-4  is 30 miles or more by bus route from the nearest high school
    6-5  district.>
    6-6        SECTION 3.  The heading of Subchapter F, Chapter 16,
    6-7  Education Code, is amended to read as follows:
    6-8    SUBCHAPTER F.  ACCOUNTABLE COSTS OF CORE CURRICULUM <EDUCATION>
    6-9        SECTION 4.  Section 16.201, Education Code, is amended to
   6-10  read as follows:
   6-11        Sec. 16.201.  Purpose.  The study of accountable costs of the
   6-12  core curriculum is <education studies are> designed to support the
   6-13  development of the <equalized> funding <elements> necessary to
   6-14  provide an efficient state <and local public> school finance system
   6-15  which meets the state policy established in Section 16.001 of this
   6-16  code and provides the research basis for the <equalized> funding
   6-17  <elements under the provisions of Section 16.256 of this code>.
   6-18        SECTION 5.  Subchapter F, Chapter 16, Education Code, is
   6-19  amended by adding Section 16.202 to read as follows:
   6-20        Sec. 16.202.  STUDY.  (a)  On a biennial basis, the
   6-21  Legislative Budget Board, with the assistance of the Educational
   6-22  Economic Policy Center and the Central Education Agency, shall
   6-23  complete a study of the accountable costs per student of providing
   6-24  basic educational programs, personnel, facilities, and other
   6-25  operating costs that satisfy criteria of the core curriculum.
   6-26        (b)  The cost per student of providing the core curriculum
   6-27  determined under Subsection (a) shall be submitted to the Central
    7-1  Education Agency not later than October 1 of each even-numbered
    7-2  year.
    7-3        SECTION 6.  Sections 16.251 and 16.254, Education Code, are
    7-4  amended to read as follows:
    7-5        Sec. 16.251.  Financing; General Rule.  (a)  The cost of the
    7-6  core curriculum, including the cost of necessary facilities,
    7-7  constitutes <sum of the basic allotment under Subchapter C  and the
    7-8  special allotments under Subchapter D, computed in accordance with
    7-9  this chapter, constitute the tier one allotments.  The sum of the
   7-10  tier one allotments and the guaranteed yield allotments under
   7-11  Subchapter H, computed in accordance with this chapter, constitute>
   7-12  the total cost of the Foundation School Program in a school
   7-13  district.
   7-14        (b)  The program shall be financed by:
   7-15              (1)  <ad valorem tax revenue generated by an equalized
   7-16  uniform school district effort;>
   7-17              <(2)  ad valorem tax revenue generated by local school
   7-18  district effort in excess of the equalized uniform school district
   7-19  effort;>
   7-20              <(3)>  state available school funds distributed in
   7-21  accordance with law; and
   7-22              (2) <(4)>  state funds appropriated for the purposes of
   7-23  public school education and allocated to each district in an amount
   7-24  sufficient to finance the cost of each district's Foundation School
   7-25  Program <not covered by other funds specified in this subsection>.
   7-26        <(c)  The commissioner of education shall compute for each
   7-27  school district the total amount, if any, by which the district's
    8-1  total revenue is reduced from one school year to the next because
    8-2  of a change in the method of finance under this chapter.  The
    8-3  commissioner shall certify the amount of the reduction to the
    8-4  school district for use in determining the school district's
    8-5  rollback rate under Section 26.08, Tax Code.>
    8-6        Sec. 16.254.  Distribution of Foundation School Fund.
    8-7  (a)  For each school year the commissioner of education shall
    8-8  determine:
    8-9              (1)  the amount of money necessary to operate a
   8-10  Foundation School Program in each <to which a> school district <is
   8-11  entitled under Subchapters C and D>; and
   8-12              (2)  <the amount of money to which a school district is
   8-13  entitled under Subchapter H;>
   8-14              <(3)>  the amount of money allocated to the district
   8-15  from the available school fund<;>
   8-16              <(4)  the amount of each district's tier one local
   8-17  share under Section 16.252; and>
   8-18              <(5)  the amount of each district's tier two local
   8-19  share under Section 16.303>.
   8-20        (b)  <The commissioner shall base the determinations under
   8-21  Subsection (a) on the estimates provided to the legislature under
   8-22  Section 16.2541 for each school district for each school year or
   8-23  different estimates provided by the General Appropriations Act.>
   8-24        <(c)>  Each school district is entitled to an amount equal to
   8-25  the difference for that district between the amount <sum> of
   8-26  Subsection <Subsections> (a)(1) and the amount of Subsection (a)(2)
   8-27  <and the sum of Subsections (a)(3), (a)(4), and (a)(5)>.
    9-1        (c) <(d)>  The commissioner shall approve warrants to each
    9-2  school district equaling the amount of its entitlement except as
    9-3  provided by this section.  Warrants for all money expended
    9-4  according to this chapter shall be approved and transmitted to
    9-5  treasurers or depositories of school districts in the same manner
    9-6  that warrants for state payments are transmitted.  The total amount
    9-7  of the warrants issued under this section may not exceed the total
    9-8  amount appropriated for foundation school program purposes for that
    9-9  fiscal year.
   9-10        (d) <(e)  The commissioner shall recompute the amount to
   9-11  which the district is entitled under Subsection (c) if a school
   9-12  district's tax rate is less than the limit authorized under this
   9-13  subsection.  The amount to which a district is entitled under this
   9-14  section may not exceed the amount to which the district would be
   9-15  entitled at the district's tax rate for the final year of the
   9-16  preceding biennium, or a different tax rate provided by
   9-17  appropriation.  The commissioner shall recompute the amount to
   9-18  which a district is entitled to the extent necessary under this
   9-19  section.  The commissioner shall approve warrants to the school in
   9-20  the amount that results from the new computation.  An amount equal
   9-21  to the difference between the initial allocation and the amount of
   9-22  the warrants shall be transferred to a special account in the
   9-23  foundation school fund known as the reserve account.>
   9-24        <(f)  Amounts transferred to the reserve account under
   9-25  Subsection (e) shall be used in the succeeding fiscal year to
   9-26  finance increases in allocations to school districts under
   9-27  Subsection (i).  If the amount in the reserve account is less than
   10-1  the amount of the increases under Subsection (i) for the second
   10-2  year of a state fiscal biennium, the commissioner shall certify the
   10-3  amount of the difference to the foundation school fund budget
   10-4  committee not later than January 1 of the second year of the state
   10-5  fiscal biennium.  The committee shall propose to the legislature
   10-6  that the certified amount be transferred to the foundation school
   10-7  fund from the economic stabilization fund and appropriated for the
   10-8  purpose of increases in allocations under Subsection (h).>
   10-9        <(g)  If a school district demonstrates to the satisfaction
  10-10  of the commissioner that the estimate of the district's tax rate,
  10-11  student enrollment, or taxable value of property used in
  10-12  determining the amount of state funds to which the district is
  10-13  entitled are so inaccurate as to result in undue financial hardship
  10-14  to the district, the commissioner may adjust funding to that
  10-15  district in that school year to the extent that funds are available
  10-16  for that year, including funds in the reserve account.  Funds in
  10-17  the reserve account may not be used under this subsection until any
  10-18  reserve funds have been used for purposes of Subsection (f).>
  10-19        <(h)>  If for any year the total cost of the Foundation
  10-20  School Program, as determined under this chapter, exceeds the total
  10-21  amount appropriated for that year <the legislature fails during the
  10-22  regular session to enact the transfer and appropriation proposed
  10-23  under Subsection (f) and there are not funds available under
  10-24  Subsection (j)>, the commissioner shall reduce the total amount of
  10-25  state funds allocated to each district by an amount determined by a
  10-26  method under which the application of the same number of cents of
  10-27  increase in tax rate in all districts applied to the taxable value
   11-1  of property of each district, as determined under Section 11.86,
   11-2  results in a total levy equal to the total reduction.  <The
   11-3  following fiscal year, a district's entitlement under this section
   11-4  is increased by an amount equal to the reduction made under this
   11-5  subsection.>
   11-6        <(i)  Not later than March 1 each year, the commissioner
   11-7  shall determine the actual amount of state funds to which each
   11-8  school district is entitled under the allocation formulas in this
   11-9  chapter for the current school year and shall compare that amount
  11-10  with the amount of the warrants issued to each district for that
  11-11  year.  If the amount of the warrants differs from the amount to
  11-12  which a district is entitled because of variations in the
  11-13  district's tax rate, student enrollment, or taxable value of
  11-14  property, the commissioner shall adjust the district's entitlement
  11-15  for the next fiscal year accordingly.>
  11-16        <(j)  The legislature may appropriate funds necessary for
  11-17  increases under Subsection (i) from funds that the comptroller, at
  11-18  any time during the fiscal year, finds are available.>
  11-19        <(k)  The commissioner shall compute for each school district
  11-20  the total amount by which the district's allocation of state funds
  11-21  is increased or reduced under Subsection (i) and shall certify that
  11-22  amount to the district.>
  11-23        <(l)  In this section, the number of weighted students in
  11-24  average daily attendance is calculated in the manner provided by
  11-25  Section 16.302.>
  11-26        SECTION 7.  Sections 11.10(r) and (s), Education Code, are
  11-27  amended to read as follows:
   12-1        (r)  Costs <Except for certain transportation costs, costs>
   12-2  of operation of the regional day school programs for the deaf shall
   12-3  be borne by the state and paid from the Foundation School Program
   12-4  Fund.  Such costs shall be considered and included by the
   12-5  Foundation School Fund Budget Committee in estimating the needs for
   12-6  purposes of the Foundation School Program and the regional day
   12-7  school programs for the deaf.  However, funds allocated to
   12-8  countywide schools shall remain so allocated except in those
   12-9  regions in which the countywide program has been made a part of the
  12-10  appropriate region, as aforesaid.  While the principal cost of
  12-11  educating deaf children shall be borne by the state, independent
  12-12  school districts and all institutions of higher learning in the
  12-13  state are hereby authorized and encouraged to make available real
  12-14  or personal property or services in cooperation with the regional
  12-15  day school programs for the deaf for any activities related to
  12-16  education and betterment of education of deaf children including
  12-17  but not limited to research and personnel training and development.
  12-18  The school district in which a regional day school is located shall
  12-19  bear the costs of transporting students in the program who live
  12-20  within the district <and is entitled to have those students counted
  12-21  in its allotment of transportation funds from the state>.  The
  12-22  regional day school program shall bear the costs of transporting
  12-23  children who live outside the district to the regional day school.
  12-24  It is the intent of the legislature in enacting this subsection
  12-25  that the use of all of the educational resources of this state be
  12-26  maximized to carry out the intent and objectives of this Act.
  12-27        (s)  Operating costs for the program in each regional day
   13-1  school program for the deaf shall be determined and paid on the
   13-2  following basis:
   13-3              (1)  An estimated allocation of $2,700 for each student
   13-4  enrolled in the program of the regional day school program for the
   13-5  deaf in any current year.
   13-6              (2)  Teachers, principals, supervisors, counselors,
   13-7  para-professional and supporting personnel shall be employed in
   13-8  such numbers as the Central Education Agency finds to be necessary
   13-9  to establish and operate the regional day school programs for the
  13-10  deaf, and such numbers shall not be less than student-professional
  13-11  ratios known to be requisite for success in education of deaf
  13-12  children.  Salaries of all personnel employed in the regional day
  13-13  school programs for the deaf shall be determined in accordance with
  13-14  policies established by the State Board of Education.
  13-15              <(3)  Local districts may receive allocations for
  13-16  transportation of students participating in the regional day school
  13-17  programs determined in the same manner as allocations for the
  13-18  transportation of other special education students.>
  13-19        SECTION 8.  Section 11.29(e), Education Code, is amended to
  13-20  read as follows:
  13-21        (e)  The budget cost of operating the Central Education
  13-22  Agency which is paid from the foundation school program fund shall
  13-23  be included in the estimated cost of the Foundation School Program
  13-24  <which is computed by the State Board of Education in March of each
  13-25  year for the determination of the local fund assignment to be
  13-26  charged to each school district>.
  13-27        SECTION 9.  Section 11.32(f), Education Code, is amended to
   14-1  read as follows:
   14-2        (f)  Basic costs for the provision of regional education
   14-3  services to school districts and coordination of educational
   14-4  planning in the region and for administrative costs necessary to
   14-5  support these services shall be paid from the Foundation School
   14-6  Fund.  Each Regional Education Service Center shall receive an
   14-7  annual allotment of $200,000, with the remainder of the funds
   14-8  appropriated for Regional Education Service Centers <available
   14-9  under the provisions of this subsection> to be allocated <to the
  14-10  Regional Education Service Centers> on the basis of the average
  14-11  daily attendance within the area of operation for each Regional
  14-12  Education Service Center as determined for the <next> preceding
  14-13  school year.  <The allotment amounts here authorized to be granted
  14-14  by the State Board of Education shall not exceed in any year a sum
  14-15  equal to .45 percent multiplied by the following specified elements
  14-16  of cost contained in the Foundation School Program for the current
  14-17  school year:  salaries, maintenance and operation, vocational
  14-18  operating costs, transportation-regular, transportation-special
  14-19  education, transportation-vocational education, agency
  14-20  administration, other special education programs, vocational
  14-21  contract services, bilingual education, preschool non-English
  14-22  speaking, preschool deaf, compensatory education, driver education,
  14-23  and minimum aid.>
  14-24        SECTION 10.  Section 11.86(a), Education Code, is amended to
  14-25  read as follows:
  14-26        (a)  The comptroller shall conduct an annual study using
  14-27  comparable sales and generally accepted auditing and sampling
   15-1  techniques to determine the total value of all taxable property in
   15-2  each school district.  The study shall determine the taxable value
   15-3  of all property and of each category of property within the
   15-4  district and the productivity value of all land that qualifies for
   15-5  appraisal on the basis of its productive capacity and for which the
   15-6  owner has applied for and received a productivity appraisal.  <The
   15-7  comptroller shall make appropriate adjustments in the study to
   15-8  account for actions taken under Chapter 36.>  In conducting the
   15-9  study, the comptroller shall review the appraisal standards,
  15-10  procedures, and methodology used by each appraisal district to
  15-11  determine the taxable value of property in each school district.
  15-12  The review must test the validity of the taxable values assigned to
  15-13  each category of property by the appraisal district:
  15-14              (1)  using, if appropriate, samples selected through
  15-15  generally accepted sampling techniques; and
  15-16              (2)  according to generally accepted standard
  15-17  valuation, statistical compilation, and analysis techniques.  If
  15-18  the comptroller finds in the annual study that generally accepted
  15-19  appraisal standards and practices were used by the appraisal
  15-20  district in valuing a particular category of property, and that the
  15-21  taxable values assigned to each category of property by the
  15-22  appraisal district are valid, the appraisal roll value of that
  15-23  category of property is presumed to represent taxable value.  In
  15-24  the absence of such a presumption, the comptroller shall estimate
  15-25  the taxable value of that category of property using generally
  15-26  accepted standard valuation, statistical compilation, and analysis
  15-27  techniques.  For the purposes of this section, "taxable value"
   16-1  means market value less:
   16-2              (1)  the total dollar amount of any exemptions of part
   16-3  but not all of the value of taxable property required by the
   16-4  constitution or a statute that a district lawfully granted in the
   16-5  year that is the subject of the study;
   16-6              (2)  the total dollar amount of any abatements granted
   16-7  before May 31, 1993, within a reinvestment zone under agreements
   16-8  authorized by the Property Redevelopment and Tax Abatement Act
   16-9  (Chapter 312, Tax Code);
  16-10              (3)  the total dollar amount of any captured appraised
  16-11  value of property that is located in a reinvestment zone and that
  16-12  is eligible for tax increment financing under the Tax Increment
  16-13  Financing Act (Chapter 311, Tax Code);
  16-14              (4)  the total dollar amount of any exemptions granted
  16-15  under Section 11.251, Tax Code;
  16-16              (5)  the difference between the market value and the
  16-17  productivity value of land that qualifies for appraisal on the
  16-18  basis of its productive capacity, except that the productivity
  16-19  value may not exceed the fair market value of the land;
  16-20              (6)  the portion of the appraised value of residence
  16-21  homesteads of the elderly on which school district taxes are not
  16-22  imposed in the year that is the subject of the study, calculated as
  16-23  if the residence homesteads were appraised at the full value
  16-24  required by law;
  16-25              (7)  a portion of the market value of property not
  16-26  otherwise fully taxable by the district at market value because of
  16-27  action required by statute or the Texas Constitution that, if the
   17-1  tax rate adopted by the district is applied to it, produces an
   17-2  amount equal to the difference between the tax that the district
   17-3  would have imposed on the property if the property were fully
   17-4  taxable at market value and the tax that the district is actually
   17-5  authorized to impose on the property; and
   17-6              (8)  the market value of all tangible personal
   17-7  property, other than manufactured homes, owned by a family or
   17-8  individual and not held or used for the production of income.
   17-9        SECTION 11.  Sections 14.063 and 14.064, Education Code, are
  17-10  amended to read as follows:
  17-11        Sec. 14.063.  FUND ADMINISTRATION; DISBURSEMENTS <TECHNOLOGY
  17-12  ALLOTMENT>.  (a)  The Central Education Agency shall administer a
  17-13  technology fund and shall make annual disbursements from the
  17-14  technology fund.  Each school district is entitled to a percentage
  17-15  of the fund that is equal to the district's percentage of the total
  17-16  number of students in average daily attendance in the state.
  17-17        (b)  <Each school district is entitled to an annual allotment
  17-18  for the purposes provided under Section 14.064 of this code equal
  17-19  to its unadjusted average daily attendance multiplied by $30, or a
  17-20  greater amount provided by appropriation.>
  17-21        <(c)  The cost of the technology allotment is shared by the
  17-22  state and district in the same percentages as the district's
  17-23  Foundation School Program under Chapter 16 of this code.  The
  17-24  state's share is paid from the technology fund.>
  17-25        <(d)>  The State Board of Education shall establish rules for
  17-26  the administration of this section.  The rules shall provide that
  17-27  the equipment purchased shall meet the standards established by the
   18-1  board <under this chapter>.
   18-2        <(e)  If an insufficient amount is available in the fund for
   18-3  the state's share of the allotments under Subsection (b) of this
   18-4  section, the agency shall reduce each district's allotment in the
   18-5  same manner described for a reduction in allotments under Section
   18-6  16.254 of this code.>
   18-7        Sec. 14.064.  USE OF DISBURSEMENT <ALLOTMENT>.  (a)  Money a
   18-8  district receives <A district's allotment> under Section 14.063 of
   18-9  this code may be used only for:
  18-10              (1)  the acquisition of technological equipment and
  18-11  related services, including hardware, software, courseware,
  18-12  training, subscription fees for telecommunications and data base
  18-13  services, and other related services for the purposes of this
  18-14  subchapter;
  18-15              (2)  the procurement of an electronic on-line catalog,
  18-16  circulation system, CD-ROM, or other emerging technology for each
  18-17  school library;
  18-18              (3)  the provision for electronic access to regional,
  18-19  statewide, national, and international resources;
  18-20              (4)  the acquisition of telecommunications equipment in
  18-21  classrooms for data base applications; and
  18-22              (5)  the research and development of emerging
  18-23  instructional technology.
  18-24        (b)  The Central Education Agency shall monitor each
  18-25  district's <the> use of the money disbursed <each district's
  18-26  allotment> to ensure that at least 75 percent of the money
  18-27  <allotment> is used to provide classroom instructional services and
   19-1  programs.
   19-2        SECTION 12.  Sections 20.04(b) and (d), Education Code, are
   19-3  amended to read as follows:
   19-4        (b)  In each proposition submitted to authorize the issuance
   19-5  of bonds there shall be included the question of whether the
   19-6  governing board or commissioners court shall be authorized to levy
   19-7  and pledge, and cause to be assessed and collected, annual ad
   19-8  valorem taxes, on all taxable property in the district, either--
   19-9              (1)  sufficient, without limit as to rate or amount, to
  19-10  pay the principal of and interest on said bonds; or
  19-11              (2)  sufficient to pay the principal of and interest on
  19-12  said bonds, provided that the annual aggregate bond taxes in the
  19-13  district shall never be more than the rate <(not to exceed $1 on
  19-14  the $100 valuation of taxable property in the district)> stated in
  19-15  said proposition.
  19-16        (d)  In each proposition submitted to authorize the levy of
  19-17  maintenance taxes there shall be included the question of whether
  19-18  the governing board or commissioners court shall be authorized to
  19-19  levy, and cause to be assessed and collected, annual ad valorem
  19-20  taxes, for the further maintenance of public free schools, of not
  19-21  to exceed the rate <(which shall be not more than $1.50 on the $100
  19-22  valuation of taxable property in the district)> stated in said
  19-23  proposition.
  19-24        SECTION 13.  Sections 21.062 and 21.063, Education Code, are
  19-25  amended to read as follows:
  19-26        Sec. 21.062.  Transfer of State Funds.  Upon the filing and
  19-27  certification of the transfer of any such child in the manner
   20-1  timely and in the form prescribed by regulations of the State Board
   20-2  of Education, the state per capita apportionment shall transfer
   20-3  with the child; and for purposes of computing state funds
   20-4  <allotments> to districts eligible under the Foundation School
   20-5  Program <Act>, the attendance of the child prior to the date of
   20-6  transfer shall be counted by the transfer sending district and the
   20-7  attendance of the child after the date of transfer shall be counted
   20-8  by the transfer receiving district.
   20-9        Sec. 21.063.  Tuition Fee For Transfer Students.  The
  20-10  receiving district may charge a tuition fee to the extent that the
  20-11  district's actual expenditure per student in average daily
  20-12  attendance, determinable by its board of trustees, exceeds the sum
  20-13  the district benefits from state aid sources as provided in Section
  20-14  21.062 of this code <and county education funds distributed under
  20-15  Subchapter J, Chapter 16, of this code>.  However, unless a tuition
  20-16  fee is prescribed and set out in transfer agreement prior to its
  20-17  execution by the parties, no increase in tuition charge shall be
  20-18  made for the year of that transfer that exceeds the tuition charge,
  20-19  if any, of the preceding school year.
  20-20        SECTION 14.  Section 21.173(a), Education Code, is amended to
  20-21  read as follows:
  20-22        (a)  Except as otherwise provided by this section, a school
  20-23  district that receives funding under the Foundation School Program
  20-24  <Subsection (h) of Section 16.156 of this code> may not require or
  20-25  allow a child to stand on a school bus that is in motion.
  20-26        SECTION 15.  Section 21.176, Education Code, is amended to
  20-27  read as follows:
   21-1        Sec. 21.176.  Approved School Bus Routes.  School buses shall
   21-2  be operated to and from school on approved school bus routes and no
   21-3  variations shall be made therefrom.  The penalty for varying from
   21-4  authorized routes and for unauthorized use of buses shall be the
   21-5  withholding of <transportation> funds from the offending county or
   21-6  school district.  In the event the violation is committed by a
   21-7  district which receives no Foundation School Program funds, the
   21-8  penalty provisions of Section 4.02 of this code shall be applied.
   21-9        SECTION 16.  Section 21.177(d), Education Code, is amended to
  21-10  read as follows:
  21-11        (d)  In approving a transportation system for a district or
  21-12  county, consideration shall be given to providing transportation
  21-13  for only those pupils who reside in hazardous areas or live two or
  21-14  more miles from the school they attend except handicapped pupils.
  21-15  No consideration shall be given to providing transportation for
  21-16  pupils transferred from one district to another when their grades
  21-17  are taught in their home district unless transferred as provided by
  21-18  law and transportation has been approved as provided by law.  A
  21-19  district may provide transportation to pupils to after-school child
  21-20  care facilities or to pupils who live within two miles of the
  21-21  school they attend, and may charge a reasonable fee for such
  21-22  transportation<, provided that such transportation shall not be
  21-23  eligible for funding pursuant to Section 16.156 of this code>.
  21-24        SECTION 17.  Section 21.181, Education Code, is amended to
  21-25  read as follows:
  21-26        Sec. 21.181.  Contract With Transportation Company or System.
  21-27  (a)  As an alternative to maintaining and operating a complete
   22-1  public school transportation system under this subchapter, a county
   22-2  or local district school board may contract with a public or
   22-3  commercial transportation company or system for all or any part of
   22-4  its public school transportation if the board is able to obtain an
   22-5  economically advantageous contract, provided that the commercial
   22-6  transportation company or system:
   22-7              (1)  requires its school bus drivers to be certified by
   22-8  the Central Education Agency;
   22-9              (2)  uses only those school buses in transporting
  22-10  public school students that satisfy safety requirements imposed by
  22-11  law on school buses operated by public school transportation
  22-12  systems; and
  22-13              (3)  agrees to meet the alternative fuels requirements
  22-14  of Section 21.174 for those buses dedicated to the contract;
  22-15  provided, however, the company or system may claim all exceptions
  22-16  available to county and local district school boards under Section
  22-17  21.174.
  22-18        (b)  A contract is economically advantageous if the cost of
  22-19  the service contracted for is equal to or less than the total cost
  22-20  to the school district for providing its own complete bus service.
  22-21  <The total cost to the school district is the state transportation
  22-22  cost allotment plus the supplementary funds necessarily provided by
  22-23  the local school district to provide complete transportation
  22-24  services.  In determining if a contract is economically
  22-25  advantageous, taxes paid by the commercial transportation company
  22-26  or system on gasoline, diesel fuel, or liquefied petroleum gas may
  22-27  not be considered.>
   23-1        (c)  <This section in no way prohibits the local school board
   23-2  from supplementing the state transportation cost allotment with
   23-3  local funds necessary to provide complete transportation services.>
   23-4        <(d)>  The State Board of Education shall adopt rules for the
   23-5  administration of this section.
   23-6        (d) <(e)>  Contracts for alternative public school
   23-7  transportation may include provisions for transporting students to
   23-8  and from approved school activities.
   23-9        <(f)  Upon approval of the contract by the State Board of
  23-10  Education, the portion of the annual transportation allotment which
  23-11  is to be used to finance the contract for alternative
  23-12  transportation services shall be included in the annual
  23-13  transportation cost allotment for the respective county or
  23-14  district.>
  23-15        SECTION 18.  Section 21.506(b), Education Code, is amended to
  23-16  read as follows:
  23-17        (b)  Except as provided by Subsection (c) of this section,
  23-18  contracts for residential placements when approved may be paid for
  23-19  from a combination of federal, state, and local funds.  <The local
  23-20  share of the total contract cost per pupil is that portion of the
  23-21  local tax effort (total dollars generated by debt service and
  23-22  maintenance taxes) which exceeds the district's local fund
  23-23  assignment under Section 16.252, divided by the average daily
  23-24  attendance in the district.  If the contract involves a private
  23-25  facility, the state share of the total contract cost is that which
  23-26  remains after subtracting the local share.  If the contract
  23-27  involves a public facility, the state share is that which remains
   24-1  after subtracting the local share from that portion of the contract
   24-2  which involves the costs of instructional and related services.>
   24-3        SECTION 19.  Section 26.65(a), Education Code, is amended to
   24-4  read as follows:
   24-5        (a)  The commissioner of education shall develop and the
   24-6  State Board of Education shall adopt a formula for the allocation
   24-7  of state funds to a rehabilitation district on a basis similar to
   24-8  that provided for independent school districts<, except that no
   24-9  local fund assignment shall be charged to a rehabilitation
  24-10  district>.
  24-11        SECTION 20.  Section 35.024(c), Education Code, is amended to
  24-12  read as follows:
  24-13        (c)  The Central Education Agency shall develop and
  24-14  distribute study guides to assist parents in providing assistance
  24-15  during the period that school is recessed for summer to students
  24-16  who do not perform satisfactorily on one or more parts of an
  24-17  assessment instrument administered under this subchapter.  <The
  24-18  commissioner of education shall retain a portion of the total
  24-19  amount of funds allotted under Section 16.152(a) that the
  24-20  commissioner considers appropriate to finance the development and
  24-21  distribution of the study guides and shall reduce each district's
  24-22  allotment proportionately.>
  24-23        SECTION 21.  Section 74.066(a), Education Code, is amended to
  24-24  read as follows:
  24-25        (a)  To provide for the continuance of educational programs
  24-26  for persons who are inpatients and outpatients at The University of
  24-27  Texas Medical Branch at Galveston and for students in the Moody
   25-1  State School for Cerebral Palsied Children, the commissioner of
   25-2  education shall develop and the State Board of Education shall
   25-3  adopt a formula for the allocation of state special education funds
   25-4  on a basis similar to that provided for independent school
   25-5  districts<, except that no local fund assignment shall be charged
   25-6  to the schools>.
   25-7        SECTION 22.  Section 105.95(e), Education Code, is amended to
   25-8  read as follows:
   25-9        (e)  The academy is not subject to the provisions of this
  25-10  code, or to the rules of the Central Education Agency, regulating
  25-11  public schools, except that:
  25-12              (1)  professional employees of the academy are entitled
  25-13  to the limited liability of an employee under Section 21.905 or
  25-14  21.912 <or 21.914>  of this code;
  25-15              (2)  a student's attendance at the academy satisfies
  25-16  compulsory school attendance requirements; and
  25-17              (3)  <for each student enrolled,> the academy is
  25-18  entitled to an allotment <allotments> from the foundation school
  25-19  program under Chapter 16 of this code as if the academy were a
  25-20  school district<, except that the academy has a local share applied
  25-21  that is equivalent to the local share assignment of the Denton
  25-22  Independent School District>.
  25-23        SECTION 23.  Section 317.005(f), Government Code, is amended
  25-24  to read as follows:
  25-25        (f)  The governor or board may adopt an order under this
  25-26  section withholding or transferring any portion of the total amount
  25-27  appropriated to finance the foundation school program for a fiscal
   26-1  year.  The governor or board may not adopt such an order if it
   26-2  would result in an allocation of money <between particular programs
   26-3  or statutory allotments> under the foundation school program
   26-4  contrary to the statutory proration formula provided by Section
   26-5  16.254(d)<(h)>, Education Code.  The governor or board may transfer
   26-6  an amount to the total amount appropriated to finance the
   26-7  foundation school program for a fiscal year <and may increase the
   26-8  basic allotment.  The governor or board may adjust allocations of
   26-9  amounts between particular programs or statutory allotments under
  26-10  the foundation school program> only for the purpose of conforming
  26-11  the allocations to actual program costs <pupil enrollments or
  26-12  attendance>.
  26-13        SECTION 24.  Section 825.405(b), Government Code, is amended
  26-14  to read as follows:
  26-15        (b)  For purposes of this section, the statutory minimum
  26-16  salary is the salary provided by Sections 16.056 and 16.058,
  26-17  Education Code<, multiplied by the cost of education adjustment
  26-18  applicable under Section 16.102, Education Code, to the district in
  26-19  which the member is employed>.
  26-20        SECTION 25.  Section 6.02(b), Tax Code, is amended to read as
  26-21  follows:
  26-22        (b)  A taxing unit that has boundaries extending into two or
  26-23  more counties may choose to participate in only one of the
  26-24  appraisal districts.  In that event, the boundaries of the district
  26-25  chosen extend outside the county to the extent of the unit's
  26-26  boundaries.  To be effective, the choice must be approved by
  26-27  resolution of the board of directors of the district chosen.  <The
   27-1  choice of a school district to participate in a single appraisal
   27-2  district does not apply to property annexed to the school district
   27-3  under Subchapter C or G, Chapter 36, Education Code, unless:>
   27-4              <(1)  the school district taxes property other than
   27-5  property annexed to the district under Subchapter C or G, Chapter
   27-6  36, Education Code, in the same county as the annexed property; or>
   27-7              <(2)  the annexed property is contiguous to property in
   27-8  the school district other than property annexed to the district
   27-9  under Subchapter C or G, Chapter 36, Education Code.>
  27-10        SECTION 26.  Sections 21.01 and 21.02, Tax Code, are amended
  27-11  to read as follows:
  27-12        Sec. 21.01.  Real Property.  Real property is taxable by a
  27-13  taxing unit if located in the unit on January 1<, except as
  27-14  provided by Chapter 36, Education Code>.
  27-15        Sec. 21.02.  Tangible Personal Property Generally.
  27-16  <(a)>  Except as provided by <Subsection (b) and> Sections 21.021,
  27-17  21.04, and 21.05, tangible personal property is taxable by a taxing
  27-18  unit if:
  27-19              (1)  it is located in the unit on January 1 for more
  27-20  than a temporary period;
  27-21              (2)  it normally is located in the unit, even though it
  27-22  is outside the unit on January 1, if it is outside the unit only
  27-23  temporarily;
  27-24              (3)  it normally is returned to the unit between uses
  27-25  elsewhere and is not located in any one place for more than a
  27-26  temporary period; or
  27-27              (4)  the owner resides (for property not used for
   28-1  business purposes) or maintains his principal place of business in
   28-2  this state (for property used for business purposes) in the unit
   28-3  and the property is taxable in this state but does not have a
   28-4  taxable situs pursuant to Subdivisions (1) through (3) of this
   28-5  section.
   28-6        <(b)  Tangible personal property having taxable situs at the
   28-7  same location as real property detached from a school district and
   28-8  annexed by another school district under Chapter 36, Education
   28-9  Code, is taxable in the tax year in which the detachment and
  28-10  annexation occurs by the same school district by which the real
  28-11  property is taxable in that tax year under Chapter 36, Education
  28-12  Code.  For purposes of this subsection and Chapter 36, Education
  28-13  Code, tangible personal property has taxable situs at the same
  28-14  location as real property detached and annexed under Chapter 36,
  28-15  Education Code, if the detachment and annexation of the real
  28-16  property, had it occurred before January 1 of the tax year, would
  28-17  have changed the taxable situs of the tangible personal property
  28-18  determined as provided by Subsection (a) from the school district
  28-19  from which the real property was detached to the school district to
  28-20  which the real property was annexed.>
  28-21        <(c)  Tangible personal property has taxable situs in a
  28-22  school district that is the result of a consolidation under Chapter
  28-23  36, Education Code, in the year in which the consolidation occurs
  28-24  if the property would have had taxable situs in the consolidated
  28-25  district in that year had the consolidation occurred before January
  28-26  1 of that year.>
  28-27        SECTION 27.  Sections 26.08(d), (e), and (g), Tax Code, are
   29-1  amended to read as follows:
   29-2        (d)  For purposes of this section, except as provided by
   29-3  Subsection (e), the school district rollback tax rate of a school
   29-4  district is the sum of:
   29-5              (1)  the tax rate that, applied to the current total
   29-6  value for the district, would impose taxes in an amount that, when
   29-7  added to state funds to be distributed to the district under
   29-8  Chapters 15 and 16, Education Code, for the school year beginning
   29-9  in the current tax year, would provide the same amount of state
  29-10  funds and local maintenance and operations taxes per student in
  29-11  <weighted> average daily attendance for that school year that was
  29-12  available to the district in the preceding year;
  29-13              (2)  the rate of $0.06; and
  29-14              (3)  the district's current debt rate.
  29-15        (e)  In the first year in which a school district that is the
  29-16  product of the consolidation of two or more whole school districts
  29-17  adopts a tax, the school district rollback tax rate for the
  29-18  consolidated district is the sum of:
  29-19              (1)  the tax rate that, applied to the current total
  29-20  value for the district, would impose taxes in an amount that, when
  29-21  added to state funds to be distributed to the district under
  29-22  Chapters 15 and 16, Education Code, for the school year beginning
  29-23  in the current tax year, would provide the same amount of state
  29-24  funds and local maintenance and operations taxes per student in
  29-25  <weighted> average daily attendance for that school year that was
  29-26  available to the component district in the preceding year for which
  29-27  that amount was greater than for any other component district;
   30-1              (2)  the rate of $0.06; and
   30-2              (3)  the consolidated district's current debt rate.
   30-3        (g)  For purposes of <In> this section, average daily
   30-4  attendance is computed as provided by Section 16.006 <"weighted
   30-5  students in average daily attendance" has the meaning assigned by
   30-6  Section 16.302>, Education Code.
   30-7        SECTION 28.  (a)  The following provisions of the Education
   30-8  Code are repealed:
   30-9              (1)  Sections 11.86(h), 11.2092, 16.008, 16.252,
  30-10  16.2541, 16.256(d)-(f), 16.258, 19.027(f) and (g), 20.09,
  30-11  21.112(m), 21.172(b), 21.182(f), 21.513, 21.792, and 35.031;
  30-12              (2)  Section 16.007(c), as amended by Chapter 520, Acts
  30-13  of the 73rd Legislature, Regular Session, 1993;
  30-14              (3)  Subchapters D and H, Chapter 16; and
  30-15              (4)  Chapter 36.
  30-16        (b)  Section 322.008(b), Government Code, is repealed.
  30-17        (c)  The following sections of the Tax Code are repealed:
  30-18  6.02(g), 6.03(m), and 25.25(h), as added by Chapter 347, Acts of
  30-19  the 73rd Legislature, Regular Session, 1993.
  30-20        SECTION 29.  The investment capital fund created under
  30-21  Section 11.2092, Education Code, is abolished, and the comptroller
  30-22  shall transfer the balance in that fund on the effective date of
  30-23  this Act to the foundation school fund.
  30-24        SECTION 30.  This Act applies beginning with the 1996-1997
  30-25  school year.
  30-26        SECTION 31.  The importance of this legislation and the
  30-27  crowded condition of the calendars in both houses create an
   31-1  emergency and an imperative public necessity that the
   31-2  constitutional rule requiring bills to be read on three several
   31-3  days in each house be suspended, and this rule is hereby suspended,
   31-4  and that this Act take effect and be in force from and after its
   31-5  passage, and it is so enacted.