By Lucio S.B. No. 1424
74R6063(1) ESH
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state assistance for public school facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 16, Education Code, is
1-5 amended by adding Section 16.161 to read as follows:
1-6 Sec. 16.161. SCHOOL FACILITIES ALLOTMENT. (a) For each
1-7 student in average daily attendance, a district is entitled to a
1-8 school facilities allotment of $300 or more as provided by this
1-9 section.
1-10 (b) The school facilities allotment of a district that has
1-11 had a high rate of growth in average daily attendance for the
1-12 preceding five years, as determined by the commissioner of
1-13 education in accordance with State Board of Education rule, may be
1-14 increased by not more than 15 percent. An adjustment under this
1-15 subsection must be computed so that the higher the rate of a
1-16 district's growth in average daily attendance, the greater the
1-17 increase.
1-18 (c) The school facilities allotment of a district that has
1-19 facilities that are in poor condition, as determined by the
1-20 commissioner of education in accordance with State Board of
1-21 Education rule, may be increased by not more than 15 percent.
1-22 (d) Funds allotted under this section must be used to
1-23 acquire, maintain, or improve school facilities. A district may:
1-24 (1) use funds allotted under this section to pay
2-1 principal and interest on bonds issued before the funds were
2-2 allotted; or
2-3 (2) invest or deposit funds allotted under this
2-4 section for use in a school year other than the school year in
2-5 which the funds were allotted.
2-6 SECTION 2. Section 16.401(a), Education Code, is amended to
2-7 read as follows:
2-8 (a) The State Board of Education shall establish a statewide
2-9 inventory of school facilities and shall update the inventory not
2-10 later than December 1 of each even-numbered year. The State Board
2-11 of Education shall provide a copy of the updated inventory to the
2-12 governor and the Legislative Budget Board. The State Board of
2-13 Education shall provide a copy of the updated inventory to each
2-14 member of the legislature who requests a copy <on a periodic
2-15 basis>.
2-16 SECTION 3. Subchapter I, Chapter 16, Education Code, is
2-17 amended by adding Section 16.403 to read as follows:
2-18 Sec. 16.403. FACILITIES GRANTS. (a) Out of the proceeds of
2-19 general obligation bonds issued for the purpose, the commissioner
2-20 of education, as directed by the State Board of Education, may make
2-21 a grant to a school district that has:
2-22 (1) a critical need for school facilities, as
2-23 determined under State Board of Education rules and as shown by the
2-24 inventory conducted under Section 16.401; or
2-25 (2) a total tax rate exceeding $1.50 on the $100
2-26 valuation of taxable property.
2-27 (b) The State Board of Education shall adopt rules
3-1 prescribing:
3-2 (1) the maximum amount of a grant under this section;
3-3 (2) a method of giving priority for a grant under this
3-4 section from among eligible districts to a district that has a low
3-5 value of taxable property, as determined under Section 11.86, per
3-6 weighted student in average daily attendance; and
3-7 (3) the manner in which a school district must apply
3-8 for a grant.
3-9 (c) A school district that receives funds under Subsection
3-10 (a)(1) must use the funds to acquire, construct, repair, or
3-11 renovate the critically needed facilities for which the grant was
3-12 made.
3-13 (d) A school district that receives funds under Subsection
3-14 (a)(2) must:
3-15 (1) use the funds to pay the principal and interest on
3-16 bonds issued for school facilities; and
3-17 (2) reduce the district's bond tax rate to the rate
3-18 necessary to pay any remaining bonds.
3-19 SECTION 4. (a) Except as provided by Subsection (b) of this
3-20 section, this Act takes effect September 1, 1995.
3-21 (b) Section 16.403, Education Code, as added by this Act,
3-22 takes effect only if the state bond proposition proposed by
3-23 _____J.R. No. ____, 74th Legislature, Regular Session, 1995,
3-24 proposing the issuance of general revenue bonds for grants to
3-25 public school districts for school facilities needs or tax relief,
3-26 is approved by the voters. If the state bond proposition is not
3-27 approved by the voters, Section 16.403, Education Code, as added by
4-1 this Act has no effect.
4-2 SECTION 5. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.