By Williamson H.B. No. 2938
75R5852 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public school finance.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 42.101, Education Code, is amended to
1-5 read as follows:
1-6 Sec. 42.101. BASIC ALLOTMENT. For each student in average
1-7 daily attendance, not including the time students spend each day in
1-8 special education programs in an instructional arrangement other
1-9 than mainstream or career and technology education programs, for
1-10 which an additional allotment is made under Subchapter C, a
1-11 district is entitled to an allotment of $3,000 [$2,387] or a
1-12 greater amount adopted by the foundation school fund budget
1-13 committee under Section 42.256. A greater amount for any school
1-14 year may be provided by appropriation.
1-15 SECTION 2. Section 42.103(d), Education Code, is amended to
1-16 read as follows:
1-17 (d) The basic allotment of a school district that offers a
1-18 kindergarten through grade 12 program and has less than 5,000
1-19 students in average daily attendance is adjusted by applying the
1-20 formula, of the following formulas, that results in the greatest
1-21 adjusted allotment:
1-22 (1) the formula in Subsection (b) or (c) for which the
1-23 district is eligible;
2-1 (3) depending on the school year:
2-2 (A) [for the 1996-1997 school year,]
2-4 [(B)] for the 1997-1998 school year,
2-6 (B) ([(C)] for the 1998-1999 school year,
2-8 (C) [(D)] for the 1999-2000 school year,
2-10 (D) [(E)] for the 2000-2001 school year,
2-12 SECTION 3. Section 42.151(a), Education Code, is amended to
2-13 read as follows:
2-14 (a) For each student in average daily attendance in a
2-15 special education program under Subchapter A, Chapter 29, [in a
2-16 mainstream instructional arrangement,] a school district is
2-17 entitled to an annual allotment equal to the adjusted basic
2-18 allotment multiplied by 2.5 [1.1]. [For each full-time equivalent
2-19 student in average daily attendance in a special education program
2-20 under Subchapter A, Chapter 29, in an instructional arrangement
2-21 other than a mainstream instructional arrangement, a district is
2-22 entitled to an annual allotment equal to the adjusted basic
2-23 allotment multiplied by a weight determined according to
2-24 instructional arrangement as follows:]
2-25 [Homebound .......................................... 5.0]
2-26 [Hospital class ..................................... 3.0]
2-27 [Speech therapy ..................................... 5.0]
3-1 [Resource room ...................................... 3.0]
3-2 [Self-contained, mild and moderate, regular campus .. 3.0]
3-3 [Self-contained, severe, regular campus ............. 3.0]
3-4 [Off home campus .................................... 2.7]
3-5 [Nonpublic day school ............................... 1.7]
3-6 [Vocational adjustment class ........................ 2.3]
3-7 SECTION 4. Section 42.152(a), Education Code, is amended to
3-8 read as follows:
3-9 (a) For each student who is educationally disadvantaged,
3-10 [or] who is a student who does not have a disability and resides
3-11 in a residential placement facility in a district in which the
3-12 student's parent or legal guardian does not reside, or who is in a
3-13 remedial and support program under Section 29.081 because the
3-14 student is pregnant, a district is entitled to an annual allotment
3-15 equal to the adjusted basic allotment multiplied by 0.2[, and by
3-16 2.41 for each full-time equivalent student who is in a remedial
3-17 and support program under Section 29.081 because the student is
3-18 pregnant].
3-19 SECTION 5. Section 42.154(a), Education Code, is amended to
3-20 read as follows:
3-21 (a) For each full-time equivalent student in average daily
3-22 attendance in an approved career and technology education program
3-23 in grades nine through 12 or in career and technology education
3-24 programs for students with disabilities in grades seven through 12,
3-25 a district is entitled to an annual allotment equal to the adjusted
3-26 basic allotment multiplied by a weight of 0.5 [1.37].
3-27 SECTION 6. Section 42.251(b), Education Code, is amended to
4-1 read as follows:
4-2 (b) The program shall be financed by:
4-3 (1) [ad valorem tax revenue generated by an equalized
4-4 uniform school district effort;]
4-5 [(2)] ad valorem tax revenue generated by local school
4-6 district effort to receive state support under Section 42.302 [in
4-7 excess of the equalized uniform school district effort];
4-8 (2) [(3)] state available school funds distributed in
4-9 accordance with law; and
4-10 (3) [(4)] state funds appropriated in compliance with
4-11 Section 1A, Article VII, Texas Constitution, for the purposes of
4-12 public school education and allocated to each district in an amount
4-13 sufficient to finance the cost of each district's Foundation School
4-14 Program not covered by other funds specified in this subsection.
4-15 SECTION 7. Sections 42.253(a) and (c), Education Code, are
4-16 amended to read as follows:
4-17 (a) For each school year the commissioner shall determine:
4-18 (1) the amount of money to which a school district is
4-19 entitled under Subchapters B and C;
4-20 (2) the amount of money to which a school district is
4-21 entitled under Subchapter F;
4-22 (3) the amount of money allocated to the district from
4-23 the available school fund; and
4-24 (4) [the amount of each district's tier one local
4-25 share under Section 42.252; and]
4-26 [(5)] the amount of each district's tier two local
4-27 share under Section 42.302.
5-1 (c) Each school district is entitled to an amount equal to
5-2 the difference for that district between the sum of Subsections
5-3 (a)(1) and (a)(2) and the sum of Subsections (a)(3) and[,] (a)(4)[,
5-4 and (a)(5)].
5-5 SECTION 8. Sections 42.302 and 42.303, Education Code, are
5-6 amended to read as follows:
5-7 Sec. 42.302. ALLOTMENT. (a) Each school district is
5-8 guaranteed a specified amount per weighted student in state and
5-9 local funds for each cent of tax effort [over that required for the
5-10 district's local fund assignment] up to the maximum level specified
5-11 in this subchapter. The amount of state support, subject only to
5-12 the maximum amount under Section 42.303, is determined by the
5-13 formula:
5-15 where:
5-16 "GYA" is the guaranteed yield amount of state funds to be
5-17 allocated to the district;
5-18 "GL" is the dollar amount guaranteed level of state and local
5-19 funds per weighted student per cent of tax effort, which is $50
5-20 [$20.55] or a greater amount for any year provided by
5-21 appropriation, or a greater amount adopted by the foundation
5-22 school fund budget committee under Section 42.256(d);
5-23 "WADA" is the number of students in weighted average daily
5-24 attendance, which is calculated by dividing the sum of the school
5-25 district's allotments under Subchapters B and C, less [any
5-26 allotment to the district for transportation and] 50 percent of the
5-27 adjustment under Section 42.102, by the basic allotment for the
6-1 applicable year;
6-2 "DTR" is the district enrichment and facilities tax rate of
6-3 the school district, which is determined by subtracting the amounts
6-4 specified by Subsection (b) from the total amount of taxes
6-5 collected by the school district for the applicable school year and
6-6 dividing the difference by the quotient of the district's taxable
6-7 value of property as determined under Subchapter M, Chapter 403,
6-8 Government Code, divided by 100; and
6-9 "LR" is the local revenue, which is determined by multiplying
6-10 "DTR" by the quotient of the district's taxable value of property
6-11 as determined under Subchapter M, Chapter 403, Government Code,
6-12 divided by 100.
6-13 (b) In computing the district enrichment and facilities tax
6-14 rate of a school district, the total amount of taxes collected by
6-15 the school district does not include the amount of[:]
6-16 [(1) the district's local fund assignment under
6-17 Section 42.252; or]
6-18 [(2)] taxes collected to pay the local share of the
6-19 cost of an instructional facility for which the district receives
6-20 state assistance under Subchapter H.
6-21 Sec. 42.303. LIMITATION ON ENRICHMENT AND FACILITIES TAX
6-22 RATE. The district enrichment and facilities tax rate ("DTR")
6-23 under Section 42.302 may not exceed $0.50 [$0.64] per $100 of
6-24 valuation[, or a greater amount adopted by the foundation school
6-25 fund budget committee under Section 42.256(d)].
6-26 SECTION 9. Section 42.402, Education Code, is amended to
6-27 read as follows:
7-1 Sec. 42.402. DISTRICT ELIGIBILITY. A school district is
7-2 eligible for state assistance under this subchapter if the district
7-3 has:
7-4 (1) a wealth per student less than the guaranteed
7-5 wealth level; and
7-6 (2) a total effective tax rate that is at least $0.40
7-7 [$1.30] per $100 of valuation of taxable property or an effective
7-8 tax rate for the payment of principal of and interest on bonds that
7-9 is at least $0.20 per $100 of valuation of taxable property.
7-10 SECTION 10. Section 42.406(a), Education Code, is amended to
7-11 read as follows:
7-12 (a) The cost of a project for which a district may receive
7-13 assistance under this subchapter may not exceed the greater of:
7-14 (1) $650,000 [$500,000]; or
7-15 (2) the product of the number of students in average
7-16 daily attendance in the district multiplied by $280 [$266].
7-17 SECTION 11. Section 45.003(d), Education Code, is amended to
7-18 read as follows:
7-19 (d) A proposition submitted to authorize the levy of
7-20 maintenance taxes must include the question of whether the
7-21 governing board or commissioners court may levy, assess, and
7-22 collect annual ad valorem taxes for the support [further
7-23 maintenance] of public schools, at a rate not to exceed the rate,
7-24 which may be not more than $0.50 [$1.50] on the $100 valuation of
7-25 taxable property in the district, stated in the proposition.
7-26 SECTION 12. The following provisions of the Education Code
7-27 are repealed:
8-1 (1) Sections 42.151(b)-(e) and (j), 42.155, 42.156,
8-2 42.252, and 45.003(e); and
8-3 (2) Chapter 41.
8-4 SECTION 13. This Act takes effect September 1, 1997, but
8-5 only if the constitutional amendment proposed by ___J.R. No. ____,
8-6 75th Legislature, Regular Session, 1997, is approved by the voters.
8-7 If the proposed constitutional amendment is not approved by the
8-8 voters, this Act has no effect.
8-9 SECTION 14. The importance of this legislation and the
8-10 crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended.