By:  Bivins                                           S.B. No. 1873

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to public school finance, including the abolition of the

 1-2     foundation school fund budget committee.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  The foundation school fund budget committee is

 1-5     abolished, and Section 42.256, Education Code, is repealed.

 1-6           SECTION 2.  Section 42.007, Education Code, is amended to

 1-7     read as follows:

 1-8           Sec. 42.007.  EQUALIZED FUNDING ELEMENTS.  (a)  The

 1-9     Legislative Budget Board shall compute [adopt rules, subject to

1-10     appropriate notice and opportunity for public comment, for the

1-11     calculation] for each year of a biennium [of] the qualified funding

1-12     elements, in accordance with Subsection (c), [under Section

1-13     42.256(e)] necessary to achieve the state policy under Section

1-14     42.001.

1-15           (b)  Before [Not later than October 1 preceding] each regular

1-16     session of the legislature, the board shall report the equalized

1-17     funding elements to [the foundation school fund budget committee,]

1-18     the commissioner[,] and the legislature.

1-19           (c)  The funding elements may include:

1-20                 (1)  a basic allotment for the purposes of Section

1-21     42.101 that, when combined with the guaranteed yield component

1-22     provided by Subchapter F, represents the cost per student of a

1-23     regular education program that meets all mandates of law and

 2-1     regulation;

 2-2                 (2)  adjustments designed to reflect the variation in

 2-3     known resource costs and costs of education beyond the control of

 2-4     school districts;

 2-5                 (3)  appropriate program cost differentials and other

 2-6     funding elements for the programs authorized under Subchapter C,

 2-7     with the program funding level expressed as dollar amounts and as

 2-8     weights applied to the adjusted basic allotment for the appropriate

 2-9     year;

2-10                 (4)  the maximum guaranteed level of qualified state

2-11     and local funds per student for the purposes of Subchapter F;

2-12                 (5)  the enrichment and facilities tax rate under

2-13     Subchapter F;

2-14                 (6)  the calculation of students in weighted average

2-15     daily attendance under Section 42.302; and

2-16                 (7)  the amount to be appropriated for the school

2-17     facilities assistance program under Subchapter H.

2-18           (d)  The board may conduct a study on the funding elements

2-19     each biennium, as appropriate.

2-20           SECTION 3.  Section 13.285, Education Code, is amended to

2-21     read as follows:

2-22           Sec. 13.285.  COST.  The cost of incentive aid payments

2-23     authorized by this subchapter shall be paid from the foundation

2-24     school fund.  [The costs shall be considered and included by the

2-25     foundation school fund budget committee in estimating the funds

 3-1     needed for purposes of the Foundation School Program.]

 3-2           SECTION 4.  Subsection (b), Section 19.007, Education Code,

 3-3     is amended to read as follows:

 3-4           (b)  The costs for persons eligible under Section 19.005

 3-5     shall be paid from the foundation school fund.  [Those costs shall

 3-6     be considered annually by the foundation school fund budget

 3-7     committee and included in estimating the funds needed for purposes

 3-8     of the Foundation School Program.]

 3-9           SECTION 5.  Subsection (c), Section 29.256, Education Code,

3-10     is amended to read as follows:

3-11           (c)  The cost to the state shall be paid from the foundation

3-12     school fund.  [The foundation school fund budget committee shall

3-13     consider that cost in estimating the funds needed for Foundation

3-14     School Program purposes.]

3-15           SECTION 6.  Subsection (a), Section 29.257, Education Code,

3-16     is amended to read as follows:

3-17           (a)  The legislature may appropriate money from the

3-18     foundation school fund to the agency for developing and

3-19     implementing community education projects. [The foundation school

3-20     fund budget committee shall consider the cost of community

3-21     education development projects in estimating the money needed for

3-22     foundation school fund purposes.]  The agency shall actively seek

3-23     gifts, grants, or other donations for purposes related to community

3-24     education development projects, unless the acceptance is prohibited

3-25     by other law.  Money received under this subsection shall be

 4-1     deposited in the account established under Subsection (b) and may

 4-2     be appropriated only for the purpose for which the money was given.

 4-3           SECTION 7.  Section 41.006, Education Code, is amended to

 4-4     read as follows:

 4-5           Sec. 41.006.  MODIFICATION OF EFFECTIVE DATES AND TIME

 4-6     PERIODS [RULES].        [(a)  The commissioner may adopt rules

 4-7     necessary for the implementation of this chapter.  The rules may

 4-8     provide for the commissioner to make necessary adjustments to the

 4-9     provisions of Chapter 42, including providing for the commissioner,

4-10     with the approval of the foundation school fund budget committee,

4-11     to make an adjustment in the funding element established by Section

4-12     42.302, at the earliest date practicable, to the amount the

4-13     commissioner believes, taking into consideration options exercised

4-14     by school districts under this chapter and estimates of student

4-15     enrollments, will match appropriation levels.]

4-16           [(b)]  As necessary for the effective and efficient

4-17     administration of this chapter, the commissioner may modify

4-18     effective dates and time periods for actions described by this

4-19     chapter.

4-20           SECTION 8.  Subsection (a), Section 42.005, Education Code,

4-21     is amended to read as follows:

4-22           (a)  In this chapter, average daily attendance is the

4-23     quotient of the sum of attendance for each day of the minimum

4-24     number of days of instruction as described under Section 25.081(a)

4-25     [and for each day approved by the commissioner for an extended year

 5-1     program under Section 29.082] divided by the minimum number of days

 5-2     of instruction.

 5-3           SECTION 9.  Section 42.101, Education Code, is amended to

 5-4     read as follows:

 5-5           Sec. 42.101.  BASIC ALLOTMENT.  For each student in average

 5-6     daily attendance, not including the time students spend each day in

 5-7     special education programs in an instructional arrangement other

 5-8     than mainstream or career and technology education programs, for

 5-9     which an additional allotment is made under Subchapter C, a

5-10     district is entitled to an allotment of $2,387 [or a greater amount

5-11     adopted by the foundation school fund budget committee under

5-12     Section 42.256].  A greater amount for any school year may be

5-13     provided by appropriation.

5-14           SECTION 10.  Subsection (b), Section 42.102, Education Code,

5-15     is amended to read as follows:

5-16           (b)  The Legislative Budget Board [foundation school fund

5-17     budget committee] shall determine the cost of education adjustment

5-18     under Section 42.007 [42.256].

5-19           SECTION 11.  Subsection (c), Section 42.155, Education Code,

5-20     is amended to read as follows:

5-21           (c)  Each district or county operating a regular

5-22     transportation system is entitled to an allotment based on the

5-23     daily cost per regular eligible student of operating and

5-24     maintaining the regular transportation system and the linear

5-25     density of that system.  In determining the cost, the commissioner

 6-1     shall give consideration to factors affecting the actual cost of

 6-2     providing these transportation services in each district or county.

 6-3     The average actual cost is to be computed by the commissioner and

 6-4     included for consideration by [the foundation school fund budget

 6-5     committee and] the legislature in the General Appropriations Act.

 6-6     The allotment per mile of approved route may not exceed the amount

 6-7     set by appropriation.

 6-8           SECTION 12.  Subsection (e), Section 42.252, Education Code,

 6-9     is amended to read as follows:

6-10           (e)  The commissioner shall hear appeals from school

6-11     districts that have experienced a rapid decline in tax base used in

6-12     calculating the local fund assignment, exceeding four percent of

6-13     the preceding year, that is beyond the control of the board of

6-14     trustees of the district.  The commissioner, to the extent

6-15     appropriations for that purpose are available, may adjust the

6-16     district's taxable values for local fund assignment purposes for

6-17     such losses in value exceeding four percent and thereby adjust the

6-18     local fund assignment to reflect the local current year taxable

6-19     value.  The decision of the commissioner is final.  An adjustment

6-20     does not affect the local fund assignment of any other school

6-21     district.  This subsection applies to determinations by the

6-22     commissioner in identifying districts with wealth per student

6-23     exceeding the equalized wealth level pursuant to Section 41.004.

6-24           SECTION 13.  Subsections (b) and (f), Section 42.253,

6-25     Education Code, are amended to read as follows:

 7-1           (b)  Except as provided by this subsection, the commissioner

 7-2     shall base the determinations under Subsection (a) on the estimates

 7-3     provided to the legislature under Section 42.254, or, if the

 7-4     General Appropriations Act provides estimates for that purpose, on

 7-5     the estimates provided under that Act, for each school district for

 7-6     each school year.  The commissioner shall reduce the entitlement of

 7-7     each district that has a final taxable value of property for the

 7-8     second year of a state fiscal biennium that is higher than the

 7-9     estimate under Section 42.254 or the General Appropriations Act, as

7-10     applicable.  A reduction under this subsection may not reduce the

7-11     district's entitlement below the amount to which it is entitled at

7-12     its actual taxable value of property.  The sum of the reductions

7-13     under this subsection may not be greater than the amount necessary

7-14     to fully fund the entitlement of each district.

7-15           (f)  Amounts transferred to the reserve account under

7-16     Subsection (e) shall be used in the succeeding fiscal year to

7-17     finance increases in allocations to school districts under

7-18     Subsection (i).  If the amount in the reserve account is less than

7-19     the amount of the increases under Subsection (i) for the second

7-20     year of a state fiscal biennium, the commissioner shall certify the

7-21     amount of the difference to the Legislative Budget Board

7-22     [foundation school fund budget committee] not later than January 1

7-23     of the second year of the state fiscal biennium.  The Legislative

7-24     Budget Board [committee] shall propose to the legislature that the

7-25     certified amount be transferred to the foundation school fund from

 8-1     the economic stabilization fund and appropriated for the purpose of

 8-2     increases in allocations under Subsection (h).

 8-3           SECTION 14.  Section 42.254, Education Code, is amended by

 8-4     amending Subsection (a) and adding Subsection (c) to read as

 8-5     follows:

 8-6           (a)  Not later than October 1 of each even-numbered year:

 8-7                 (1)  the agency shall submit to [the foundation school

 8-8     fund budget committee and] the legislature an estimate of the tax

 8-9     rate and student enrollment of each school district for the

8-10     following biennium; and

8-11                 (2)  the comptroller shall submit to [the foundation

8-12     school fund budget committee and] the legislature an estimate of

8-13     the total taxable value of all property in the state as determined

8-14     under Subchapter M, Chapter 403, Government Code, for the following

8-15     biennium.

8-16           (c)  Not later than September 1 of each year, each school

8-17     district shall submit to the Legislative Budget Board an estimate

8-18     of the district's:

8-19                 (1)  tax rate that will be in effect for the following

8-20     fiscal year; and

8-21                 (2)  student enrollment for the following school year.

8-22           SECTION 15.  Subsection (a), Section 42.302, Education Code,

8-23     is amended to read as follows:

8-24           (a)  Each school district is guaranteed a specified amount

8-25     per weighted student in state and local funds for each cent of tax

 9-1     effort over that required for the district's local fund assignment

 9-2     up to the maximum level specified in this subchapter.  The amount

 9-3     of state support, subject only to the maximum amount under Section

 9-4     42.303, is determined by the formula:

 9-5                     GYA = (GL X WADA X DTR X 100) - LR

 9-6     where:

 9-7           "GYA" is the guaranteed yield amount of state funds to be

 9-8     allocated to the district;

 9-9           "GL" is the dollar amount guaranteed level of state and local

9-10     funds per weighted student per cent of tax effort, which is $21

9-11     [$20.55] or a greater amount for any year provided by

9-12     appropriation[, or a greater amount adopted by the foundation

9-13     school fund budget committee under Section 42.256(d)];

9-14           "WADA" is the number of students in weighted average daily

9-15     attendance, which is calculated by dividing the sum of the school

9-16     district's allotments under Subchapters B and C, less any allotment

9-17     to the district for transportation and 50 percent of the adjustment

9-18     under Section 42.102, by the basic allotment for the applicable

9-19     year;

9-20           "DTR" is the district enrichment and facilities tax rate of

9-21     the school district, which is determined by subtracting the amounts

9-22     specified by Subsection (b) from the total amount of taxes

9-23     collected by the school district for the applicable school year and

9-24     dividing the difference by the quotient of the district's taxable

9-25     value of property as determined under Subchapter M, Chapter 403,

 10-1    Government Code, divided by 100; and

 10-2          "LR" is the local revenue, which is determined by multiplying

 10-3    "DTR" by the quotient of the district's taxable value of property

 10-4    as determined under Subchapter M, Chapter 403, Government Code,

 10-5    divided by 100.

 10-6          SECTION 16.  Section 42.303, Education Code, is amended to

 10-7    read as follows:

 10-8          Sec. 42.303.  LIMITATION ON ENRICHMENT AND FACILITIES TAX

 10-9    RATE.  The district enrichment and facilities tax rate ("DTR")

10-10    under Section 42.302 may not exceed $0.64 per $100 of valuation, or

10-11    a greater amount for any year provided by appropriation [adopted by

10-12    the foundation school fund budget committee under Section

10-13    42.256(d)].

10-14          SECTION 17.  Subsection (b), Section 74.066, Education Code,

10-15    is amended to read as follows:

10-16          (b)  State funds for the support of the special school and

10-17    the Moody State School shall be paid from the foundation school

10-18    fund [and shall be considered by the Foundation School Fund Budget

10-19    Committee in estimating the funds needed for Foundation School

10-20    Program purposes].

10-21          SECTION 18.  Subsection (a), Section 316.002, Government

10-22    Code, is amended to read as follows:

10-23          (a)  Before the Legislative Budget Board submits the budget

10-24    as prescribed by Section 322.008(c) [322.008(b)], the board shall

10-25    establish:

 11-1                (1)  the estimated rate of growth of the state's

 11-2    economy from the current biennium to the next biennium;

 11-3                (2)  the level of appropriations for the current

 11-4    biennium from state tax revenues not dedicated by the constitution;

 11-5    and

 11-6                (3)  the amount of state tax revenues not dedicated by

 11-7    the constitution that could be appropriated for the next biennium

 11-8    within the limit established by the estimated rate of growth of the

 11-9    state's economy.

11-10          SECTION 19.  Subsection (b), Section 322.008, Government

11-11    Code, is amended to read as follows:

11-12          (b)  The [Not later than the 1994-1995 school year, the]

11-13    general appropriations bill may [shall] include for purposes of

11-14    information the funding elements computed [adopted] by the

11-15    Legislative Budget Board [foundation school fund budget committee]

11-16    under Section 42.007 [16.256(e)], Education Code, excluding the

11-17    values for each school district calculated under Section

11-18    42.007(c)(2), Education Code [Subdivision (2) of that subsection].

11-19    If the funding elements are included, the [The] funding elements

11-20    under Section 42.007(c)(3) [16.256(e)(3)], Education Code, shall be

11-21    reported in dollar amounts per pupil.

11-22          SECTION 20.  Subsection (d), Section 403.302, Government

11-23    Code, is amended to read as follows:

11-24          (d)  For the purposes of this section, "taxable value" means

11-25    market value less:

 12-1                (1)  the total dollar amount of any exemptions of part

 12-2    but not all of the value of taxable property required by the

 12-3    constitution or a statute that a district lawfully granted in the

 12-4    year that is the subject of the study;

 12-5                (2)  the total dollar amount of any exemptions granted

 12-6    before May 31, 1993, within a reinvestment zone under agreements

 12-7    authorized by Chapter 312, Tax Code;

 12-8                (3)  the total dollar amount of any captured appraised

 12-9    value of property that is located in a reinvestment zone on

12-10    August 31, 1997, generates a tax increment paid into a tax

12-11    increment fund, and that is eligible for tax increment financing

12-12    under Chapter 311, Tax Code under a project plan or reinvestment

12-13    zone financing plan approved under Section 311.011(d), Tax Code,

12-14    before September 1, 1997;

12-15                (4)  the total dollar amount of any exemptions granted

12-16    under Section 11.251, Tax Code;

12-17                (5)  the difference between the market value and the

12-18    productivity value of land that qualifies for appraisal on the

12-19    basis of its productive capacity, except that the productivity

12-20    value may not exceed the fair market value of the land;

12-21                (6)  the portion of the appraised value of residence

12-22    homesteads of the elderly on which school district taxes are not

12-23    imposed in the year that is the subject of the study, calculated as

12-24    if the residence homesteads were appraised at the full value

12-25    required by law;

 13-1                (7)  a portion of the market value of property not

 13-2    otherwise fully taxable by the district at market value because of

 13-3    action required by statute or the constitution of this state that,

 13-4    if the tax rate adopted by the district is applied to it, produces

 13-5    an amount equal to the difference between the tax that the district

 13-6    would have imposed on the property if the property were fully

 13-7    taxable at market value and the tax that the district is actually

 13-8    authorized to impose on the property; and

 13-9                (8)  the market value of all tangible personal

13-10    property, other than manufactured homes, owned by a family or

13-11    individual and not held or used for the production of income.

13-12          SECTION 21.  Subsection (d), Section 56.208, Education Code,

13-13    is repealed.

13-14          SECTION 22.  This Act takes effect September 1, 1997.

13-15          SECTION 23.  The importance of this legislation and the

13-16    crowded condition of the calendars in both houses create an

13-17    emergency and an imperative public necessity that the

13-18    constitutional rule requiring bills to be read on three several

13-19    days in each house be suspended, and this rule is hereby suspended.