SR C.S.S.B. 1873 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
C.S.S.B. 1873
By: Bivins (Hochberg)
5-23-97
Committee Report (Substituted)



BACKGROUND 

Currently, the Foundation School Fund Budget Committee (committee)
functions to tell the comptroller how much to set aside for public
education and to adopt the Legislative Budget Board's recommendations for
funding amounts and funding elements in the school finance formulas. The
legislature can override any committee actions and review the same issues
for the appropriations bill. S.B. 1873 repeals the Foundation School Fund
Budget Committee and cleans up matters regarding school finance. 

PURPOSE

As proposed, S.B. 1873 repeals the Foundation School Fund Budget Committee
and cleans up matters regarding school finance. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Provides that the foundation school fund budget committee is
abolished. Repealer: Section 42.256, Education Code (Foundation School
Fund Budget Committee). 

SECTION 2. Amends Section 42.007, Education Code, to require the
Legislative Budget Board (board) to compute qualified funding elements, in
accordance with Subsection (c). Requires the board before, each regular
session of the legislature, to report on qualified funding elements.
Authorizes the funding elements to include certain matters. 

SECTION 3. Amends Section 13.285, Education Code, to delete text regarding
the consideration of certain costs in estimating funds needed for the
Foundation School Program. 

SECTION 4. Amends Section 19.007(b), Education Code, to delete text
regarding the consideration of certain costs in estimating funds needed
for the Foundation School Program. 

SECTION 5. Amends Section 29.256(c), Education Code, to delete text
regarding the foundation school fund budget committee. 

SECTION 6. Amends Section 29.257(a), Education Code, to delete text
regarding the foundation school fund budget committee. 

SECTION 7.  Amends Section 41.002 (e) and (f), Education Code,  to extend
a current holdharmless provision by allowing districts to maintain revenue
levels based on the 1992-93 biennium for the 1998-99 and the 1999-2000
biennium. 
 
SECTION 8. Amends Section 41.006, Education Code, to delete text regarding
the foundation school fund budget committee. 

 SECTION 9. Amends Section 42.005(a), Education Code, to conform the
calculation of average daily attendance by deleting a portion of the
calculation for the extended year program. 

SECTION 10. Amends Section 42.101, Education Code, to delete text
regarding the foundation school fund budget committee. 

SECTION 11. Amends Section 42.102(b), Education Code, to delete text
regarding the foundation school fund budget committee and to maintain the
the cost of education index adjustment contained in Chapter 203, Title 19,
Texas Administrative Code, as that chapter existed on January 1, 1997. 

SECTION 12. Amends Section 42.155(c), Education Code, to delete text
regarding the foundation school fund budget committee. 

SECTION 13. Amends Section 42.252(e), Education Code, to authorize the
commissioner of education (commissioner) to adjust a district's taxable
values for local fund assignment, to the extent appropriations for that
purpose are available. 

SECTION 14. Amends Sections 42.253(b) and (f), Education Code, to require
the commissioner to base certain determinations on estimates from the
General Appropriations Act. Makes conforming changes. 

SECTION 15. Amends Section 42.254, Education Code, to delete text
regarding the foundation school fund budget committee. 

SECTION 16. Amends Section 42.302(a), Education Code, to redefine "GL" as
the dollar amount guaranteed level of state and local funds per weighted
student percent tax effort which is $21, rather than $20.55, or a greater
amount for any year provided by appropriation. 

SECTION 17. Amends Section 42.303, Education Code, to prohibit the
district enrichment and facilities tax rate from exceeding a certain
amount for any year provided by appropriation. 

SECTION 18.  Amends Section 45.003 (e), Education Code, to provide that a
school district may not set a tax rate higher than the rate used in its
filing with the attorney general except as necessary to compensate for
declines in property value, state aid below the property value or state
aid amounts used in the filing. 

SECTION 19.  Amends Section 45.105(c), Education Code, to allow local
funds to be expended for other purposes necessary in the conduct of the
public schools. 

SECTION 20. Amends Section 74.066(b), Education Code, to delete text
regarding the foundation school fund budget committee. 

SECTION 21. Amends Section 322.008(b), Government Code, to make conforming
changes. 

SECTION 22. Amends Section 26.08(a) and (f), Tax Code to require a
rollback election by the registered voters of a school district if the
district adopts a tax rate that exceeds the district's rollback tax rate
computed by Subsection (c).  Makes a conforming change. 

SECTION 23. Repealer: Sections 42.102(c) and 56.208(d), Education Code
(Funding). 

SECTION 24. Effective date: September 1, 1997.

SECTION 25. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Much of the language in SB 1873 and CSSB 1873 is identical.  However, the
significant differences between SB 1873 and CSSB 1873 are that the
substitute extends a current holdharmless provision by allowing districts
to maintain revenue levels based on the 1992-93 biennium for the 1998-99
and the 1999-2000 biennium, retains certain rulemaking authority of the
commissioner of education in regards to Chapter 41 and 42 of the Education
Code which SB 1873 deleted, and retains the cost of education index
adjustment as it existed on January 1, 1997 which SB 1873 had required the
Legislative Budget Board to determine. 

CSSB 1873 also prohibits a school district from setting a tax rate higher
than the rate used in its filing with the attorney general except as
necessary to compensate for declines in property value, state aid below
the property value or state aid amounts used in the filing.  CSSB 1873
allows local funds to be expended for other purposes necessary in the
conduct of public schools and requires a rollback election by the
registered voters of a school district if the district adopts a tax rate
that exceeds the district's rollback tax rate computed by Section
26.08(c), Tax Code.  SB 1873 contains no language equivalent to any of
these three provisions. 
   

SB 1873 does require school districts to submit to the Legislative Budget
Board tax rate and student enrollment estimates which CSSB 1873 does not.
Also, SB 1873 redefines "taxable value" to include market value less than
the total dollar amount of any captured appraised value of property that
is located in a reinvestment zone on August 31, 1997, generates a tax
increment paid into a tax increment fund, and that is eligible for tax
increment financing under Chapter 311, Tax code under a project plan or
reinvestment zone financing plan approved under Section 311.011(d), Tax
code, before September 1, 1997.  CSSB 1873 has no equivalent provision.  

Finally, CSSB 1873 repeals Section 42.102(c) of the Education Code and SB
1873 does not.