By: Bivins S.R. No. 993
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th
1-2 Legislature, Regular Session, 1997, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on Senate
1-5 Bill No. 1873 to consider and take action on the following:
1-6 (1) Senate Rule 12.03(4) is suspended to permit the
1-7 committee to amend Subsection (b), Section 29.008, Education Code,
1-8 to read as follows:
1-9 (b) Except as provided by Subsection (c), costs of an
1-10 approved contract for residential placement may be paid from a
1-11 combination of federal, state, and local funds. The local share of
1-12 the total contract cost for each student is that portion of the
1-13 local tax effort that exceeds the district's local fund assignment
1-14 under Section 42.252, divided by the average daily attendance in
1-15 the district. If the contract involves a private facility, the
1-16 state share of the total contract cost is that amount remaining
1-17 after subtracting the local share. If the contract involves a
1-18 public facility, the state share is that amount remaining after
1-19 subtracting the local share from the portion of the contract that
1-20 involves the costs of instructional and related services. For
1-21 purposes of this subsection, "local tax effort" means the total
1-22 amount of money generated by taxes imposed for debt service and
1-23 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) Senate Rule 12.03(4) is suspended to permit the
2-7 committee to add Subsection (h) to Section 30.003, Education Code,
2-8 to read as 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 House Joint Resolution No. 4 and House Bill No. 4.
2-24 (3) Senate Rule 12.03(4) is suspended to permit the
2-25 committee to amend Subsection (f), Section 41.002, Education Code,
3-1 to read as follows:
3-2 (f) For purposes of Subsection [Subsections (d) and] (e), a
3-3 school district's effective tax rate is determined by dividing the
3-4 total amount of taxes collected by the district for the applicable
3-5 school year less any amounts paid into a tax increment fund under
3-6 Chapter 311, Tax Code, by the quotient of the district's taxable
3-7 value of property, as determined under Subchapter M, Chapter 403,
3-8 Government Code, divided by 100. This subsection expires September
3-9 1, 2000 [1998].
3-10 Explanation: This change is necessary to remove taxes paid
3-11 by a school district into a tax increment fund from the computation
3-12 of the district's effective tax rate for purposes of the
3-13 "hold-harmless" provision of Chapter 41, Education Code.
3-14 (4) Senate Rules 12.03(1), (3), and (4) are suspended to
3-15 permit the committee to amend Section 41.093, Education Code, to
3-16 read as follows:
3-17 Sec. 41.093. COST. (a) The cost of each credit is an
3-18 amount equal to the greater of:
3-19 (1) the amount of the district's maintenance and
3-20 operations [total] tax revenue per student in weighted average
3-21 daily attendance for the school year for which the contract is
3-22 executed; or
3-23 (2) the amount of the statewide district average of
3-24 maintenance and operations [total] tax revenue per student in
3-25 weighted average daily attendance for the school year preceding the
4-1 school year for which the contract is executed.
4-2 (b) For purposes of this section, a school district's
4-3 maintenance and operations tax revenue does not include any amounts
4-4 paid into a tax increment fund under Chapter 311, Tax Code.
4-5 Explanation: This change is necessary to avoid conflicting
4-6 language in Section 41.093, Education Code, as amended by Senate
4-7 Bill No. 1873 and as amended by House Bill No. 4, and to remove
4-8 taxes paid by a school district into a tax increment fund from the
4-9 computation of the district's cost of an attendance credit under
4-10 Subchapter D, Chapter 41, Education Code.
4-11 (5) Senate Rule 12.03(4) is suspended to permit the
4-12 committee to amend Subsection (a), Section 41.097, Education Code,
4-13 to read as follows:
4-14 (a) The total amount required under Section 41.093 for a
4-15 district to purchase attendance credits under this subchapter for
4-16 any school year is reduced by an amount equal to the product of the
4-17 district's costs under Section 6.06, Tax Code, for the central
4-18 appraisal district in which it participates multiplied by a
4-19 percentage that is computed by dividing the total amount required
4-20 under Section 41.093 by the total amount of taxes imposed in the
4-21 district for that year less any amounts paid into a tax increment
4-22 fund under Chapter 311, Tax Code.
4-23 Explanation: This change is necessary to remove taxes paid
4-24 by a school district into a tax increment fund from the computation
4-25 of the credit for appraisal district costs in the district's cost
5-1 of an attendance credit under Subchapter D, Chapter 41, Education
5-2 Code.
5-3 (6) Senate Rule 12.03(4) is suspended to permit the
5-4 committee to amend Section 41.099, Education Code, to read as
5-5 follows:
5-6 Sec. 41.099. LIMITATION. (a) Sections 41.002(e), 41.094,
5-7 41.097, and 41.098 apply only to a district that:
5-8 (1) executes an agreement to purchase all attendance
5-9 credits necessary to reduce the district's wealth per student to
5-10 the equalized wealth level; [or]
5-11 (2) executes an agreement to purchase attendance
5-12 credits and an agreement under Subchapter E to contract for the
5-13 education of nonresident students who transfer to and are educated
5-14 in the district but who are not charged tuition; or
5-15 (3) executes an agreement under Subchapter E to
5-16 contract for the education of nonresident students:
5-17 (A) to an extent that does not provide more than
5-18 10 percent of the reduction in wealth per student required for the
5-19 district to achieve a wealth per student that is equal to or less
5-20 than the equalized wealth level; and
5-21 (B) under which all revenue paid by the district
5-22 to other districts, in excess of the reduction in state aid that
5-23 results from counting the weighted average daily attendance of the
5-24 students served in the contracting district, is required to be used
5-25 for funding a consortium of at least three districts in a county
6-1 with a population of less than 40,000 that is formed to support a
6-2 technology initiative.
6-3 (b) A district that executes an agreement under Subsection
6-4 (a)(3) must pay full market value for any good or service the
6-5 district obtains through the consortium.
6-6 Explanation: This change is necessary to permit districts
6-7 that participate in certain technology consortiums to receive
6-8 certain benefits in connection with the purchase of attendance
6-9 credits under Subchapter D, Chapter 41, Education Code.
6-10 (7) Senate Rule 12.03(1) is suspended to permit the
6-11 committee to add Subsection (c), Section 42.007, Education Code, to
6-12 read as follows:
6-13 (c) The funding elements must include:
6-14 (1) a basic allotment for the purposes of Section
6-15 42.101 that, when combined with the guaranteed yield component
6-16 provided by Subchapter F, represents the cost per student of a
6-17 regular education program that meets all mandates of law and
6-18 regulation;
6-19 (2) adjustments designed to reflect the variation in
6-20 known resource costs and costs of education beyond the control of
6-21 school districts;
6-22 (3) appropriate program cost differentials and other
6-23 funding elements for the programs authorized under Subchapter C,
6-24 with the program funding level expressed as dollar amounts and as
6-25 weights applied to the adjusted basic allotment for the appropriate
7-1 year;
7-2 (4) the maximum guaranteed level of qualified state
7-3 and local funds per student for the purposes of Subchapter F;
7-4 (5) the enrichment and facilities tax rate under
7-5 Subchapter F;
7-6 (6) the computation of students in weighted average
7-7 daily attendance under Section 42.302; and
7-8 (7) the amount to be appropriated for the school
7-9 facilities assistance program under Chapter 46.
7-10 Explanation: This change is necessary to conform Subsection
7-11 (c), Section 42.007, Education Code, to Chapters 42 and 46,
7-12 Education Code, as amended and added by House Bill No. 4.
7-13 (8) Senate Rules 12.03(1) and (4) are suspended to permit
7-14 the committee to amend Subsection (b), Section 42.302, Education
7-15 Code, to read as follows:
7-16 (b) In computing the district enrichment and facilities tax
7-17 rate of a school district, the total amount of taxes collected by
7-18 the school district does not include the amount of:
7-19 (1) the district's local fund assignment under Section
7-20 42.252; [or]
7-21 (2) taxes collected to pay the local share of the cost
7-22 of an instructional facility for which the district receives state
7-23 assistance under Chapter 46; or
7-24 (3) taxes paid into a tax increment fund under Chapter
7-25 311, Tax Code [Subchapter H].
8-1 Explanation: This change is necessary to conform Subdivision
8-2 (2), Subsection (b), Section 42.302, Education Code, to Chapters 42
8-3 and 46, Education Code, as amended by House Bill No. 4, and to
8-4 remove taxes paid by a school district into a tax increment fund
8-5 from the computation of the district's effective tax rate for
8-6 purposes of Tier 2 of the Foundation School Program.
8-7 (9) Senate Rule 12.03(4) is suspended to permit the
8-8 committee to add Subsection (s), Section 11.13, Tax Code, to read
8-9 as follows:
8-10 (s) Notwithstanding Subsection (n), an exemption under that
8-11 subsection for the 1997 tax year adopted by the board of trustees
8-12 of a school district before July 1, 1997, is valid. This
8-13 subsection expires January 1, 1999.
8-14 Explanation: This change is necessary to permit the board of
8-15 trustees of a school district to adopt an optional residence
8-16 homestead exemption for the 1997 tax year after May 1, 1997, which
8-17 is the date by which the exemption must be adopted under Subsection
8-18 (n), Section 11.13, Tax Code.
8-19 (10) Senate Rule 12.03(4) is suspended to permit the
8-20 committee to repeal Section 42.351, Education Code.
8-21 Explanation: This change is necessary to repeal the
8-22 requirement that the State Board of Education establish and update
8-23 a statewide inventory of school facilities.
8-24 (11) Senate Rule 12.03(4) is suspended to permit the
8-25 committee to add SECTION 31 to read as follows:
9-1 SECTION 31. The amendment by this Act of Section 42.101,
9-2 Education Code, does not affect the change in the basic allotment
9-3 under that section made by H.B. No. 4, Acts of the 75th
9-4 Legislature, Regular Session, 1997.
9-5 Explanation: This change is necessary to avoid conflicting
9-6 language in Section 42.101, Education Code, as amended by Senate
9-7 Bill No. 1873 and House Bill No. 4.
9-8 (12) Senate Rules 12.03(1) and (4) are suspended to permit
9-9 the committee to add SECTION 32 to read as follows:
9-10 SECTION 32. (a) Except as provided by Subsection (b) of
9-11 this section, this Act takes effect September 1, 1997.
9-12 (b) Section 6 of this Act takes effect September 1, 1997,
9-13 but only if the constitutional amendment proposed by H.J.R. No. 4,
9-14 75th Legislature, Regular Session, 1997, is approved by the voters.
9-15 If the proposed constitutional amendment is not approved by the
9-16 voters, Section 6 of this Act has no effect.
9-17 Explanation: This change is necessary to make the addition
9-18 of Subsection (h), Section 30.003, Education Code, contingent on
9-19 adoption of the constitutional amendment proposed by House Joint
9-20 Resolution No. 4.
9-21 ______________________________________
9-22 President of the Senate
9-23 I hereby certify that the above
9-24 Resolution was adopted by the Senate
9-25 on June 1, 1997, by the following
9-26 vote: Yeas 29, Nays 2.
9-27 ______________________________________
9-28 Secretary of the Senate