By Junell, Hochberg H.B. No. 927
74R3034 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state assistance in financing public school facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading to Subchapter I, Chapter 16,
1-5 Education Code, is amended to read as follows:
1-6 SUBCHAPTER I. SCHOOL FACILITY PROGRAM
1-7 <CAPITAL OUTLAY AND DEBT SERVICE>
1-8 SECTION 2. Subchapter I, Chapter 16, Education Code, is
1-9 amended by adding Section 16.403 to read as follows:
1-10 Sec. 16.403. BASIC FACILITIES ALLOTMENT. (a) Each school
1-11 district is entitled to an annual basic facilities allotment as
1-12 provided by this section. In this section:
1-13 (1) "BFA" is the district's basic facilities
1-14 allotment.
1-15 (2) "FAPS" is the facilities allotment per student for
1-16 the school year, which is $47 or a greater amount for any year
1-17 provided by appropriation.
1-18 (3) "ADA" is the district's average daily attendance.
1-19 (4) "DPVS" is the district's taxable value of property
1-20 as determined under Section 11.86, divided by the district's
1-21 unmodified average daily attendance.
1-22 (5) "EWL" is the equalized wealth level provided by
1-23 Section 36.002.
1-24 (b) Except as modified by Subsection (c) or (d), the amount
2-1 of a district's basic facilities allotment is determined by the
2-2 formula:
2-3 (c) For purposes of Subsection (b), the average daily
2-4 attendance of a school district that has 1,600 or fewer students in
2-5 average daily attendance is modified as follows:
2-6 (d) For purposes of Subsection (b), the average daily
2-7 attendance of a school district that has more than 1,600 but not
2-8 more than 2,000 students in average daily attendance is modified by
2-9 the diseconomies of scale component of the cost of education
2-10 adjustment provided by Section 16.102.
2-11 (e) Not later than November 15 before each regular session
2-12 of the legislature, the Legislative Budget Board shall recommend to
2-13 the foundation school fund budget committee an amount to be
2-14 appropriated for basic school facilities. The amount must be based
2-15 on the board's determination of school district needs concerning
2-16 basic school facilities.
2-17 (f) Funds allotted under this section may be used only to:
2-18 (1) acquire, construct, maintain, or improve school
2-19 facilities; or
2-20 (2) pay principal and interest on bonds issued for the
2-21 purpose of acquiring, constructing, maintaining, or improving
2-22 school facilities, including bonds issued before the funds were
2-23 allotted.
2-24 (g) A school district may invest or deposit funds allotted
2-25 under this section for use in a school year other than the school
2-26 year in which the funds were allotted.
2-27 SECTION 3. Section 16.002(b), Education Code, is amended to
3-1 read as follows:
3-2 (b) The Foundation School Program consists of two tiers to
3-3 provide for the purposes specified by Subsection (a) of this
3-4 section. The first tier guarantees sufficient financing for all
3-5 school districts to provide a basic program of education that meets
3-6 accreditation and other legal standards. The second tier provides
3-7 a guaranteed yield system of financing to provide all school
3-8 districts with substantially equal access to funds to provide an
3-9 enriched program and additional funds for facilities. The
3-10 Foundation School Program includes an additional equalized
3-11 allotment to provide all school districts with substantially equal
3-12 access to funds for basic school facilities.
3-13 SECTION 4. Section 16.251(a), Education Code, is amended to
3-14 read as follows:
3-15 (a) The sum of the basic allotment under Subchapter C and
3-16 the special allotments under Subchapter D, computed in accordance
3-17 with this chapter, constitute the tier one allotments. The sum of
3-18 the tier one allotments, <and> the guaranteed yield allotments
3-19 under Subchapter H, and the basic facilities allotment under
3-20 Subchapter I, computed in accordance with this chapter, constitute
3-21 the total cost of the Foundation School Program.
3-22 SECTION 5. Sections 16.254(a) and (c), Education Code, are
3-23 amended to read as follows:
3-24 (a) For each school year the commissioner of education shall
3-25 determine:
3-26 (1) the amount of money to which a school district is
3-27 entitled under Subchapters C and D;
4-1 (2) the amount of money to which a school district is
4-2 entitled under Subchapter H;
4-3 (3) the amount of money to which a school district is
4-4 entitled under Subchapter I;
4-5 (4) the amount of money allocated to the district from
4-6 the available school fund;
4-7 (5) <(4)> the amount of each district's tier one local
4-8 share under Section 16.252; and
4-9 (6) <(5)> the amount of each district's tier two local
4-10 share under Section 16.302 <16.303>.
4-11 (c) Each school district is entitled to an amount equal to
4-12 the difference for that district between the sum of Subsections
4-13 (a)(1), <and> (a)(2), and (a)(3) and the sum of Subsections
4-14 <(a)(3),> (a)(4), <and> (a)(5), and (a)(6).
4-15 SECTION 6. Section 16.256(e), Education Code, is amended to
4-16 read as follows:
4-17 (e) The funding elements shall include:
4-18 (1) a basic allotment for the purposes of Section
4-19 16.101 of this code that represents the cost per student of a
4-20 regular education program that meets the basic criteria for an
4-21 accredited program including all mandates of law and regulation;
4-22 (2) adjustments designed to reflect the variation in
4-23 known resource costs and costs of education beyond the control of
4-24 school districts;
4-25 (3) appropriate program cost differentials and other
4-26 funding elements for the programs authorized under Subchapter D of
4-27 this chapter, with the program funding level expressed as dollar
5-1 amounts and as weights applied to the adjusted basic allotment for
5-2 the appropriate year;
5-3 (4) the maximum guaranteed level of qualified state
5-4 and local funds per student for the purposes of Subchapter H of
5-5 this chapter;
5-6 (5) the enrichment and facilities tax rate under
5-7 Subchapter H of this chapter;
5-8 (6) the basic facilities allotment per student
5-9 <formula elements for the funding formulas for capital outlay and
5-10 debt service> under <the provision of> Subchapter I of this
5-11 chapter; and
5-12 (7) the calculation of weighted students in average
5-13 daily attendance under Section 16.302 of this code.
5-14 SECTION 7. This Act takes effect September 1, 1995.
5-15 SECTION 8. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended.