By Madden H.B. No. 2977
75R5868 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. The following provisions of the Education Code
1-5 are repealed:
1-6 (1) Chapter 41; and
1-7 (2) Sections 7.055(a)(34), 12.107(b), and 42.103(e).
1-8 SECTION 2. Section 12.013(b), Education Code, is amended to
1-9 read as follows:
1-10 (b) A home-rule school district is subject to:
1-11 (1) a provision of this title establishing a criminal
1-12 offense;
1-13 (2) a provision of this title relating to limitations
1-14 on liability; and
1-15 (3) a prohibition, restriction, or requirement, as
1-16 applicable, imposed by this title or a rule adopted under this
1-17 title, relating to:
1-18 (A) the Public Education Information Management
1-19 System (PEIMS) to the extent necessary to monitor compliance with
1-20 this subchapter as determined by the commissioner;
1-21 (B) educator certification under Chapter 21 and
1-22 educator rights under Sections 21.407, 21.408, and 22.001;
1-23 (C) criminal history records under Subchapter C,
1-24 Chapter 22;
2-1 (D) student admissions under Section 25.001;
2-2 (E) school attendance under Sections 25.085,
2-3 25.086, and 25.087;
2-4 (F) inter-district or inter-county transfers of
2-5 students under Subchapter B, Chapter 25;
2-6 (G) elementary class size limits under Section
2-7 25.112, in the case of any campus in the district that is
2-8 considered low-performing under Section 39.131(b);
2-9 (H) high school graduation under Section 28.025;
2-10 (I) special education programs under Subchapter
2-11 A, Chapter 29;
2-12 (J) bilingual education under Subchapter B,
2-13 Chapter 29;
2-14 (K) prekindergarten programs under Subchapter E,
2-15 Chapter 29;
2-16 (L) safety provisions relating to the
2-17 transportation of students under Sections 34.002, 34.003, 34.004,
2-18 and 34.008;
2-19 (M) computation and distribution of state aid
2-20 under Chapters 31, 42, and 43;
2-21 (N) extracurricular activities under Section
2-22 33.081;
2-23 (O) health and safety under Chapter 38;
2-24 (P) public school accountability under
2-25 Subchapters B, C, D, and G, Chapter 39;
2-26 (Q) [equalized wealth under Chapter 41;]
2-27 [(R)] a bond or other obligation or tax rate
3-1 under Chapters 42, 43, and 45; and
3-2 (R) [(S)] purchasing under Chapter 44.
3-3 SECTION 3. Section 12.029(b), Education Code, is amended to
3-4 read as follows:
3-5 (b) If [Except as provided by Subchapter H, Chapter 41, if]
3-6 two or more school districts having different status, one of which
3-7 is home-rule school district status, consolidate into a single
3-8 district, the petition under Section 13.003 initiating the
3-9 consolidation must state the status for the consolidated district.
3-10 The ballot shall be printed to permit voting for or against the
3-11 proposition: "Consolidation of (names of school districts) into a
3-12 single school district governed as (status of school district
3-13 specified in the petition)."
3-14 SECTION 4. Section 21.402(b), Education Code, is amended to
3-15 read as follows:
3-16 (b) Not later than June 1 of each year, the commissioner
3-17 shall determine the amount appropriated for purposes of Chapter 42
3-18 for the state fiscal year beginning September 1. The commissioner
3-19 shall exclude from the determination[:]
3-20 [(1)] amounts designated solely for use in connection
3-21 with school facilities or for payment of principal of and interest
3-22 on bonds[; and]
3-23 [(2) local funds received under Subchapter D, Chapter
3-24 41].
3-25 SECTION 5. Section 42.252(e), Education Code, is amended to
3-26 read as follows:
3-27 (e) The commissioner shall hear appeals from school
4-1 districts that have experienced a rapid decline in tax base used in
4-2 calculating the local fund assignment, exceeding four percent of
4-3 the preceding year, that is beyond the control of the board of
4-4 trustees of the district. The commissioner may adjust the
4-5 district's taxable values for local fund assignment purposes for
4-6 such losses in value exceeding four percent and thereby adjust the
4-7 local fund assignment to reflect the local current year taxable
4-8 value. The decision of the commissioner is final. An adjustment
4-9 does not affect the local fund assignment of any other school
4-10 district. [This subsection applies to determinations by the
4-11 commissioner in identifying districts with wealth per student
4-12 exceeding the equalized wealth level pursuant to Section 41.004.]
4-13 SECTION 6. (a) This Act takes effect September 1, 1997, but
4-14 only if the General Appropriations Act enacted by the 75th
4-15 Legislature, Regular Session, 1997, appropriates to the Texas
4-16 Education Agency, in addition to the amounts that would be
4-17 appropriated if Chapter 41, Education Code, were not repealed, an
4-18 amount sufficient to replace the sum of:
4-19 (1) amounts projected to be received from school
4-20 districts for the purchase of attendance credits as provided by
4-21 Subchapter D, Chapter 41, Education Code; and
4-22 (2) amounts projected to be paid by school districts
4-23 to educate students residing in other districts as provided by
4-24 Subchapter E, Chapter 41, Education Code.
4-25 (b) If a sufficient amount is not appropriated to the Texas
4-26 Education Agency as provided by Subsection (a) of this section,
4-27 this Act has no effect.
5-1 SECTION 7. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.