By Bivins                                                S.B. No. 5
       74R4240 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.  SCHOOL FACILITIES ALLOTMENT.  (a)  Each school
   1-11  district is guaranteed a specified amount per student in state and
   1-12  local funds for each cent of tax effort, up to the maximum rate
   1-13  under Subsection (b), to pay principal and interest on eligible
   1-14  bonds.  The amount of state support is determined by the formula:
   1-15  where:
   1-16        "GYA" is the guaranteed yield amount of state funds allocated
   1-17  to the district;
   1-18        "FYL" is the dollar amount guaranteed level of state and
   1-19  local funds per student per cent of tax effort, which is $28 or a
   1-20  greater amount for any year provided by appropriation;
   1-21        "ADA" is the number of students in average daily attendance
   1-22  in the district;
   1-23        "BTR" is the district's bond tax rate for the current year;
   1-24  and
    2-1        "DPV" is the district's taxable value of property as
    2-2  determined under Section 11.86.
    2-3        (b)  The bond tax rate under Subsection (a) may not exceed
    2-4  the lesser of:
    2-5              (1)  the rate necessary for the current year, using
    2-6  both state and local money, to make payments of principal and
    2-7  interest on the bonds for which the tax is pledged; or
    2-8              (2)  $0.25 per $100 of valuation.
    2-9        (c)  To be eligible to be paid with state and local funds
   2-10  under this section, bonds must:
   2-11              (1)  except as provided by Subsection (d), be issued
   2-12  after September 1, 1995;
   2-13              (2)  be guaranteed by the permanent school fund as
   2-14  provided by Subchapter E, Chapter 20; and
   2-15              (3)  mature not earlier than 10 years after the date of
   2-16  issuance.
   2-17        (d)  Bonds issued before September 1, 1995, are eligible to
   2-18  be paid with state and local funds under this section if the school
   2-19  district issuing the bonds provides to the commissioner of
   2-20  education a written statement from each holder of the bonds that
   2-21  states that the holder agrees that the bonds may be repaid with
   2-22  state and local funds under this section.  A statement under this
   2-23  subsection is part of the bond covenants for the bonds to which it
   2-24  applies.
   2-25        (e)  A district may use state funds received under this
   2-26  section only to pay the principal of, interest on, and issuance
   2-27  costs of the bonds for which the district received the funds.
    3-1        (f)  The board of trustees and voters of a school district
    3-2  shall determine district needs concerning construction,
    3-3  acquisition, renovation, or improvement of school facilities.
    3-4        (g)  If a school facility financed by bonds paid with state
    3-5  and local funds under this section is sold before the bonds are
    3-6  fully paid, the school district shall remit to the commissioner of
    3-7  education, for deposit in the foundation school fund, an amount
    3-8  equal to the district's net proceeds from the sale multiplied by a
    3-9  percentage determined by dividing the amount of state funds under
   3-10  this section used to pay principal and interest on the bonds by the
   3-11  total amount of principal and interest paid on the bonds with funds
   3-12  other than the proceeds of the sale.  In this subsection, "net
   3-13  proceeds" means the difference between the total amount received
   3-14  from the sale less:
   3-15              (1)  the amount necessary to fully pay outstanding
   3-16  principal and interest on the bonds; and
   3-17              (2)  the school district's costs of the sale, as
   3-18  approved by the commissioner of education.
   3-19        SECTION 3.  Section 16.002(b), Education Code, is amended to
   3-20  read as follows:
   3-21        (b)  The Foundation School Program consists of two tiers to
   3-22  provide for the purposes specified by Subsection (a) of this
   3-23  section.  The first tier guarantees sufficient financing for all
   3-24  school districts to provide a basic program of education that meets
   3-25  accreditation and other legal standards.  The second tier provides
   3-26  a guaranteed yield system of financing to provide all school
   3-27  districts with substantially equal access to funds to provide an
    4-1  enriched program and additional funds for facilities.  The
    4-2  Foundation School Program includes a guaranteed yield system of
    4-3  financing to provide all school districts with substantially equal
    4-4  access to funds for facilities.
    4-5        SECTION 4.  Section 16.251(a), Education Code, is amended to
    4-6  read as follows:
    4-7        (a)  The sum of the basic allotment under Subchapter C  and
    4-8  the special allotments under Subchapter D, computed in accordance
    4-9  with this chapter, constitute the tier one allotments.  The sum of
   4-10  the tier one allotments and the guaranteed yield allotments under
   4-11  Subchapters <Subchapter> H and I, computed in accordance with this
   4-12  chapter, constitute the total cost of the Foundation School
   4-13  Program.
   4-14        SECTION 5.  Sections 16.254(a), (c), and (h), Education Code,
   4-15  are amended to read as follows:
   4-16        (a)  For each school year the commissioner of education shall
   4-17  determine:
   4-18              (1)  the amount of money to which a school district is
   4-19  entitled under Subchapters C and D;
   4-20              (2)  the amount of money to which a school district is
   4-21  entitled under Subchapter H;
   4-22              (3)  the amount of money allocated to the district
   4-23  under Subchapter I;
   4-24              (4)  the amount of money allocated to the district from
   4-25  the available school fund;
   4-26              (5) <(4)>  the amount of each district's tier one local
   4-27  share under Section 16.252; <and>
    5-1              (6) <(5)>  the amount of each district's tier two local
    5-2  share under Section 16.302; and
    5-3              (7)  the amount of each district's facilities program
    5-4  local share under Section 16.403 <16.303>.
    5-5        (c)  Each school district is entitled to an amount equal to
    5-6  the difference for that district between the sum of Subsections
    5-7  (a)(1), <and> (a)(2), and (a)(3) and the sum of Subsections
    5-8  <(a)(3),> (a)(4), <and> (a)(5), (a)(6), and (a)(7).
    5-9        (h)  If the legislature fails during the regular session to
   5-10  enact the transfer and appropriation proposed under Subsection (f)
   5-11  and there are not funds available under Subsection (j), the
   5-12  commissioner shall reduce the total amount of state funds allocated
   5-13  to each district under tiers one and two by an amount determined by
   5-14  a method under which the application of the same number of cents of
   5-15  increase in tax rate in all districts applied to the taxable value
   5-16  of property of each district, as determined under Section 11.86,
   5-17  results in a total levy equal to the total reduction.  The
   5-18  following fiscal year, a district's entitlement under this section
   5-19  is increased by an amount equal to the reduction made under this
   5-20  subsection.  The commissioner may not, under this subsection,
   5-21  reduce the amount of state funds allocated to a district under the
   5-22  facilities program.
   5-23        SECTION 6.  Section 16.256(e), Education Code, is amended to
   5-24  read as follows:
   5-25        (e)  The funding elements shall include:
   5-26              (1)  a basic allotment for the purposes of Section
   5-27  16.101 of this code that represents the cost per student of a
    6-1  regular education program that meets the basic criteria for an
    6-2  accredited program including all mandates of law and regulation;
    6-3              (2)  adjustments designed to reflect the variation in
    6-4  known resource costs and costs of education beyond the control of
    6-5  school districts;
    6-6              (3)  appropriate program cost differentials and other
    6-7  funding elements for the programs authorized under Subchapter D of
    6-8  this chapter, with the program funding level expressed as dollar
    6-9  amounts and as weights applied to the adjusted basic allotment for
   6-10  the appropriate year;
   6-11              (4)  the maximum guaranteed level of qualified state
   6-12  and local funds per student for the purposes of Subchapter H of
   6-13  this chapter;
   6-14              (5)  the enrichment and facilities tax rate under
   6-15  Subchapter H of this chapter; and
   6-16              (6)  <the formula elements for the funding formulas for
   6-17  capital outlay and debt service under the provision of Subchapter I
   6-18  of this chapter; and>
   6-19              <(7)>  the calculation of weighted students in average
   6-20  daily attendance under Section 16.302 of this code.
   6-21        SECTION 7.  Section 16.401, Education Code, is amended by
   6-22  adding Subsection (c) to read as follows:
   6-23        (c)  Each school district shall provide information regarding
   6-24  the district's school facilities to the Central Education Agency
   6-25  through the Public Education Information Management System (PEIMS).
   6-26  The agency may not obtain information concerning school facilities
   6-27  in another manner.
    7-1        SECTION 8.  Section 20.04(c), Education Code, is amended to
    7-2  read as follows:
    7-3        (c)  If bonds are ever voted in a district pursuant to
    7-4  Subsection (b)(1) of this section, then all bonds thereafter
    7-5  proposed shall be submitted pursuant to that subsection, and
    7-6  Subsection (b)(2) of this section shall not be applicable to such
    7-7  district.  Except as otherwise provided by this section, no bonds
    7-8  shall be issued pursuant to Subsection (b)(1) of this section if
    7-9  the aggregate principal amount of tax bond indebtedness of the
   7-10  district after such issuance would be in excess of 10 percent of
   7-11  the assessed valuation of taxable property in the district
   7-12  according to the then last completed and approved ad valorem tax
   7-13  rolls of the district.  A district may issue bonds resulting in an
   7-14  aggregate principal amount of tax bond indebtedness in excess of 10
   7-15  percent of the district's assessed valuation if:
   7-16              (1)  the bonds are issued for the purpose of
   7-17  constructing and equipping a replacement for a building lost to
   7-18  fire or natural disaster and:<;>
   7-19                    (A) <(2)>  the bonds are issued in an amount
   7-20  necessary for that purpose, less the amount paid by insurance
   7-21  covering the loss; and
   7-22                    (B) <(3)>  the resulting aggregate principal
   7-23  amount of tax bond indebtedness does not exceed 16 percent of the
   7-24  district's assessed valuation; or
   7-25              (2)  the bonds are eligible to be paid with state and
   7-26  local funds under Section 16.403 of this code, and the aggregate
   7-27  principal amount of tax bond indebtedness after issuance, counting
    8-1  only that portion of the bonds to be issued for which the district
    8-2  must provide funds under Section 16.403 of this code, does not
    8-3  exceed 10 percent of the district's assessed valuation.
    8-4        SECTION 9.  Section 20.09, Education Code, is amended by
    8-5  amending Subsection (a) and adding Subsection (e) to read as
    8-6  follows:
    8-7        (a)  Except as provided by Subsection <Subsections> (c),
    8-8  <and> (d), or (e) and unless specifically approved in an election
    8-9  called for that purpose, a school district may not impose a total
   8-10  tax rate on the $100 valuation of taxable property that exceeds
   8-11  $1.50.
   8-12        (e)  If authorized at an election, a district may exceed the
   8-13  tax limitation under Subsection (a) to impose a tax pledged for the
   8-14  payment of principal and interest on bonds to be issued for the
   8-15  construction, acquisition, renovation, or maintenance of school
   8-16  facilities.  An election to exceed the tax limitation may be held
   8-17  on any date.  An election to authorize bonds may include a
   8-18  proposition to allow the school district to exceed the tax
   8-19  limitation under Subsection (a).
   8-20        SECTION 10.  Section 20.911, Education Code, is amended to
   8-21  read as follows:
   8-22        Sec. 20.911.  Reimbursement of Fund.  (a)  If the
   8-23  commissioner orders payment from the fund on behalf of a school
   8-24  district, he shall direct the comptroller <of public accounts> to
   8-25  withhold the amount paid, plus interest, from the first state money
   8-26  payable to the school district, other than money to which the
   8-27  school district is entitled under Section 16.403.  The amount
    9-1  withheld shall be deposited to the credit of the fund.
    9-2        (b)  If the commissioner orders payment from the permanent
    9-3  school fund in connection with bonds that were, before default,
    9-4  being paid with state and local funds under Section 16.403, the
    9-5  commissioner shall:
    9-6              (1)  withhold under Subsection (a) only that portion of
    9-7  the amount paid from the permanent school fund that is
    9-8  proportionate to the school district's local share under Section
    9-9  16.403; and
   9-10              (2)  transfer from the foundation school fund to the
   9-11  permanent school fund that portion of the amount paid from the
   9-12  permanent school fund that is proportionate to the state's share
   9-13  under Section 16.403.
   9-14        (c)  In accordance with the rules of the board, the
   9-15  commissioner may authorize reimbursement to the fund with interest
   9-16  in a manner other than that provided by this section.
   9-17        SECTION 11.  This Act takes effect September 1, 1995.
   9-18        SECTION 12.  The importance of this legislation and the
   9-19  crowded condition of the calendars in both houses create an
   9-20  emergency and an imperative public necessity that the
   9-21  constitutional rule requiring bills to be read on three several
   9-22  days in each house be suspended, and this rule is hereby suspended.