R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 75th Legislature, Regular Session, 1997, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill No. 1873 to consider and
1-6 take action on the following:
1-7 (1) House Rule 13, Section 9(a)(4), is suspended to permit
1-8 the committee to amend Section 29.008(b), Education Code, to read
1-9 as follows:
1-10 (b) Except as provided by Subsection (c), costs of an
1-11 approved contract for residential placement may be paid from a
1-12 combination of federal, state, and local funds. The local share of
1-13 the total contract cost for each student is that portion of the
1-14 local tax effort that exceeds the district's local fund assignment
1-15 under Section 42.252, divided by the average daily attendance in
1-16 the district. If the contract involves a private facility, the
1-17 state share of the total contract cost is that amount remaining
1-18 after subtracting the local share. If the contract involves a
1-19 public facility, the state share is that amount remaining after
1-20 subtracting the local share from the portion of the contract that
1-21 involves the costs of instructional and related services. For
1-22 purposes of this subsection, "local tax effort" means the total
1-23 amount of money generated by taxes imposed for debt service and
1-24 maintenance and operation less any amounts paid into a tax
2-1 increment fund under Chapter 311, Tax Code.
2-2 Explanation: This change is necessary to remove taxes paid
2-3 by a school district into a tax increment fund from the computation
2-4 of the district's local share of a residential placement contract
2-5 for a special education student.
2-6 (2) House Rule 13, Section 9(a)(4), is suspended to permit
2-7 the committee to add Section 30.003(h), Education Code, to read as
2-8 follows:
2-9 (h) For the 1998-1999 state fiscal biennium, the
2-10 commissioner shall transfer from the Foundation School Program to
2-11 the Texas School for the Blind and Visually Impaired and the Texas
2-12 School for the Deaf the amount necessary to reimburse each school
2-13 for the decrease resulting from H.B. No. 4, Acts of the 75th
2-14 Legislature, Regular Session, 1997, in a school district's local
2-15 share of the cost of a student's education at the school for the
2-16 1997-1998 or 1998-1999 school year. This subsection expires
2-17 September 1, 1999.
2-18 Explanation: This change is necessary to allow the
2-19 commissioner of education to transfer state funds to the Texas
2-20 School for the Blind and Visually Impaired and the Texas School for
2-21 the Deaf to offset reductions in local funds that those schools may
2-22 incur because of the increased residential homestead exemption
2-23 proposed by H.J.R. No. 4 and H.B. No. 4.
2-24 (3) House Rule 13, Section 9(a)(4), is suspended to permit
2-25 the committee to amend Section 41.002(f), Education Code, to read
2-26 as follows:
2-27 (f) For purposes of Subsection [Subsections (d) and] (e), a
3-1 school district's effective tax rate is determined by dividing the
3-2 total amount of taxes collected by the district for the applicable
3-3 school year less any amounts paid into a tax increment fund under
3-4 Chapter 311, Tax Code, by the quotient of the district's taxable
3-5 value of property, as determined under Subchapter M, Chapter 403,
3-6 Government Code, divided by 100. This subsection expires September
3-7 1, 2000 [1998].
3-8 Explanation: This change is necessary to remove taxes paid
3-9 by a school district into a tax increment fund from the computation
3-10 of the district's effective tax rate for purposes of the
3-11 "hold-harmless" provision of Chapter 41, Education Code.
3-12 (4) House Rule 13, Sections 9(a)(1), (3), and (4) are
3-13 suspended to permit the committee to amend Section 41.093,
3-14 Education Code, to read as follows:
3-15 Sec. 41.093. COST. (a) The cost of each credit is an
3-16 amount equal to the greater of:
3-17 (1) the amount of the district's maintenance and
3-18 operations [total] tax revenue per student in weighted average
3-19 daily attendance for the school year for which the contract is
3-20 executed; or
3-21 (2) the amount of the statewide district average of
3-22 maintenance and operations [total] tax revenue per student in
3-23 weighted average daily attendance for the school year preceding the
3-24 school year for which the contract is executed.
3-25 (b) For purposes of this section, a school district's
3-26 maintenance and operations tax revenue does not include any amounts
3-27 paid into a tax increment fund under Chapter 311, Tax Code.
4-1 Explanation: This change is necessary to avoid conflicting
4-2 language in Section 41.093, Education Code, as amended by S.B. No.
4-3 1873 and as amended by H.B. No. 4, and to remove taxes paid by a
4-4 school district into a tax increment fund from the computation of
4-5 the district's cost of an attendance credit under Subchapter D,
4-6 Chapter 41, Education Code.
4-7 (5) House Rule 13, Section 9(a)(4), is suspended to permit
4-8 the committee to amend Section 41.097(a), Education Code, to read
4-9 as follows:
4-10 (a) The total amount required under Section 41.093 for a
4-11 district to purchase attendance credits under this subchapter for
4-12 any school year is reduced by an amount equal to the product of the
4-13 district's costs under Section 6.06, Tax Code, for the central
4-14 appraisal district in which it participates multiplied by a
4-15 percentage that is computed by dividing the total amount required
4-16 under Section 41.093 by the total amount of taxes imposed in the
4-17 district for that year less any amounts paid into a tax increment
4-18 fund under Chapter 311, Tax Code.
4-19 Explanation: This change is necessary to remove taxes paid
4-20 by a school district into a tax increment fund from the computation
4-21 of the credit for appraisal district costs in the district's cost
4-22 of an attendance credit under Subchapter D, Chapter 41, Education
4-23 Code.
4-24 (6) House Rule 13, Section 9(a)(4), is suspended to permit
4-25 the committee to amend Section 41.099, Education Code, to read as
4-26 follows:
4-27 Sec. 41.099. LIMITATION. (a) Sections 41.002(e), 41.094,
5-1 41.097, and 41.098 apply only to a district that:
5-2 (1) executes an agreement to purchase all attendance
5-3 credits necessary to reduce the district's wealth per student to
5-4 the equalized wealth level; [or]
5-5 (2) executes an agreement to purchase attendance
5-6 credits and an agreement under Subchapter E to contract for the
5-7 education of nonresident students who transfer to and are educated
5-8 in the district but who are not charged tuition; or
5-9 (3) executes an agreement under Subchapter E to
5-10 contract for the education of nonresident students:
5-11 (A) to an extent that does not provide more than
5-12 10 percent of the reduction in wealth per student required for the
5-13 district to achieve a wealth per student that is equal to or less
5-14 than the equalized wealth level; and
5-15 (B) under which all revenue paid by the district
5-16 to other districts, in excess of the reduction in state aid that
5-17 results from counting the weighted average daily attendance of the
5-18 students served in the contracting district, is required to be used
5-19 for funding a consortium of at least three districts in a county
5-20 with a population of less than 40,000 that is formed to support a
5-21 technology initiative.
5-22 (b) A district that executes an agreement under Subsection
5-23 (a)(3) must pay full market value for any good or service the
5-24 district obtains through the consortium.
5-25 Explanation: This change is necessary to permit districts
5-26 that participate in certain technology consortiums to receive
5-27 certain benefits in connection with the purchase of attendance
6-1 credits under Subchapter D, Chapter 41, Education Code.
6-2 (7) House Rule 13, Section 9(a)(1), is suspended to permit
6-3 the committee to add Section 42.007(c), Education Code, to read as
6-4 follows:
6-5 (c) The funding elements must include:
6-6 (1) a basic allotment for the purposes of Section
6-7 42.101 that, when combined with the guaranteed yield component
6-8 provided by Subchapter F, represents the cost per student of a
6-9 regular education program that meets all mandates of law and
6-10 regulation;
6-11 (2) adjustments designed to reflect the variation in
6-12 known resource costs and costs of education beyond the control of
6-13 school districts;
6-14 (3) appropriate program cost differentials and other
6-15 funding elements for the programs authorized under Subchapter C,
6-16 with the program funding level expressed as dollar amounts and as
6-17 weights applied to the adjusted basic allotment for the appropriate
6-18 year;
6-19 (4) the maximum guaranteed level of qualified state
6-20 and local funds per student for the purposes of Subchapter F;
6-21 (5) the enrichment and facilities tax rate under
6-22 Subchapter F;
6-23 (6) the computation of students in weighted average
6-24 daily attendance under Section 42.302; and
6-25 (7) the amount to be appropriated for the school
6-26 facilities assistance program under Chapter 46.
6-27 Explanation: This change is necessary to conform Section
7-1 42.007(c), Education Code, to Chapters 42 and 46, Education Code,
7-2 as amended and added by H.B. No. 4.
7-3 (8) House Rule 13, Sections 9(a)(1) and (4), are suspended
7-4 to permit the committee to amend Section 42.302(b), Education Code,
7-5 to read as follows:
7-6 (b) In computing the district enrichment and facilities tax
7-7 rate of a school district, the total amount of taxes collected by
7-8 the school district does not include the amount of:
7-9 (1) the district's local fund assignment under Section
7-10 42.252; [or]
7-11 (2) taxes collected to pay the local share of the cost
7-12 of an instructional facility for which the district receives state
7-13 assistance under Chapter 46 [Subchapter H]; or
7-14 (3) taxes paid into a tax increment fund under Chapter
7-15 311, Tax Code.
7-16 Explanation: This change is necessary to conform Section
7-17 42.302(b)(2), Education Code, to Chapters 42 and 46, Education
7-18 Code, as amended and added by H.B. No. 4, and to remove taxes paid
7-19 by a school district into a tax increment fund from the computation
7-20 of the district's effective tax rate for purposes of Tier 2 of the
7-21 Foundation School Program.
7-22 (9) House Rule 13, Section 9(a)(4), is suspended to permit
7-23 the committee to add Section 11.13(s), Tax Code, to read as
7-24 follows:
7-25 (s) Notwithstanding Subsection (n), an exemption under that
7-26 subsection for the 1997 tax year adopted by the board of trustees
7-27 of a school district before July 1, 1997, is valid. This
8-1 subsection expires January 1, 1999.
8-2 Explanation: This change is necessary to permit the board of
8-3 trustees of a school district to adopt an optional residence
8-4 homestead exemption for the 1997 tax year after May 1, 1997, which
8-5 is the date by which the exemption must be adopted under Section
8-6 11.13(n), Tax Code.
8-7 (10) House Rule 13, Section 9(a)(4), is suspended to permit
8-8 the committee to repeal Section 42.351, Education Code.
8-9 Explanation: This change is necessary to repeal the
8-10 requirement that the State Board of Education establish and update
8-11 a statewide inventory of school facilities.
8-12 (11) House Rule 13, Section 9(a)(4), is suspended to permit
8-13 the committee to add SECTION 31 to read as follows:
8-14 SECTION 31. The amendment by this Act of Section 42.101,
8-15 Education Code, does not affect the change in the basic allotment
8-16 under that section made by H.B. No. 4, Acts of the 75th
8-17 Legislature, Regular Session, 1997.
8-18 Explanation: This change is necessary to avoid conflicting
8-19 language in Section 42.101, Education Code, as amended by S.B. No.
8-20 1873 and H.B. No. 4.
8-21 (12) House Rule 13, Sections 9(a)(1) and (4), are suspended
8-22 to permit the committee to add SECTION 32 to read as follows:
8-23 SECTION 32. (a) Except as provided by Subsection (b) of
8-24 this section, this Act takes effect September 1, 1997.
8-25 (b) Section 6 of this Act takes effect September 1, 1997,
8-26 but only if the constitutional amendment proposed by H.J.R. No. 4,
8-27 75th Legislature, Regular Session, is approved by the voters. If
9-1 the proposed constitutional amendment is not approved by the
9-2 voters, Section 6 of this Act has no effect.
9-3 Explanation: This change is necessary to make the addition
9-4 of Section 30.003(h), Education Code, contingent on adoption of the
9-5 constitutional amendment proposed by H.J.R. No. 4.
Hochberg
_______________________________
Speaker of the House
I certify that H.R. No. 1352 was adopted by the House on June
1, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House