By Bivins S.R. No. 993
75R17481 ESH-D
R E S O L U T I O N
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 Section 29.008(b), Education Code, to read as
1-8 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
1-24 increment fund under Chapter 311, Tax Code.
2-1 Explanation: This change is necessary to remove taxes paid
2-2 by a school district into a tax increment fund from the computation
2-3 of the district's local share of a residential placement contract
2-4 for a special education student.
2-5 (2) Senate Rule 12.03(4) is suspended to permit the
2-6 committee to add Section 30.003(h), Education Code, to read as
2-7 follows:
2-8 (h) For the 1998-1999 state fiscal biennium, the
2-9 commissioner shall transfer from the Foundation School Program to
2-10 the Texas School for the Blind and Visually Impaired and the Texas
2-11 School for the Deaf the amount necessary to reimburse each school
2-12 for the decrease resulting from H.B. No. 4, Acts of the 75th
2-13 Legislature, Regular Session, 1997, in a school district's local
2-14 share of the cost of a student's education at the school for the
2-15 1997-1998 or 1998-1999 school year. This subsection expires
2-16 September 1, 1999.
2-17 Explanation: This change is necessary to allow the
2-18 commissioner of education to transfer state funds to the Texas
2-19 School for the Blind and Visually Impaired and the Texas School for
2-20 the Deaf to offset reductions in local funds that those schools may
2-21 incur because of the increased residential homestead exemption
2-22 proposed by H.J.R. No. 4 and H.B. No. 4.
2-23 (3) Senate Rule 12.03(4) is suspended to permit the
2-24 committee to amend Section 41.002(f), Education Code, to read as
2-25 follows:
2-26 (f) For purposes of Subsection [Subsections (d) and] (e), a
2-27 school district's effective tax rate is determined by dividing the
3-1 total amount of taxes collected by the district for the applicable
3-2 school year less any amounts paid into a tax increment fund under
3-3 Chapter 311, Tax Code, by the quotient of the district's taxable
3-4 value of property, as determined under Subchapter M, Chapter 403,
3-5 Government Code, divided by 100. This subsection expires September
3-6 1, 2000 [1998].
3-7 Explanation: This change is necessary to remove taxes paid
3-8 by a school district into a tax increment fund from the computation
3-9 of the district's effective tax rate for purposes of the
3-10 "hold-harmless" provision of Chapter 41, Education Code.
3-11 (4) Senate Rules 12.03(1), (3), and (4) are suspended to
3-12 permit the committee to amend Section 41.093, Education Code, to
3-13 read as follows:
3-14 Sec. 41.093. COST. (a) The cost of each credit is an
3-15 amount equal to the greater of:
3-16 (1) the amount of the district's maintenance and
3-17 operations [total] tax revenue per student in weighted average
3-18 daily attendance for the school year for which the contract is
3-19 executed; or
3-20 (2) the amount of the statewide district average of
3-21 maintenance and operations [total] tax revenue per student in
3-22 weighted average daily attendance for the school year preceding the
3-23 school year for which the contract is executed.
3-24 (b) For purposes of this section, a school district's
3-25 maintenance and operations tax revenue does not include any amounts
3-26 paid into a tax increment fund under Chapter 311, Tax Code.
3-27 Explanation: This change is necessary to avoid conflicting
4-1 language in Section 41.093, Education Code, as amended by S.B. No.
4-2 1873 and as amended by H.B. No. 4, and to remove taxes paid by a
4-3 school district into a tax increment fund from the computation of
4-4 the district's cost of an attendance credit under Subchapter D,
4-5 Chapter 41, Education Code.
4-6 (5) Senate Rule 12.03(4) is suspended to permit the
4-7 committee to amend Section 41.097(a), Education Code, to read as
4-8 follows:
4-9 (a) The total amount required under Section 41.093 for a
4-10 district to purchase attendance credits under this subchapter for
4-11 any school year is reduced by an amount equal to the product of the
4-12 district's costs under Section 6.06, Tax Code, for the central
4-13 appraisal district in which it participates multiplied by a
4-14 percentage that is computed by dividing the total amount required
4-15 under Section 41.093 by the total amount of taxes imposed in the
4-16 district for that year less any amounts paid into a tax increment
4-17 fund under Chapter 311, Tax Code.
4-18 Explanation: This change is necessary to remove taxes paid
4-19 by a school district into a tax increment fund from the computation
4-20 of the credit for appraisal district costs in the district's cost
4-21 of an attendance credit under Subchapter D, Chapter 41, Education
4-22 Code.
4-23 (6) Senate Rule 12.03(4) is suspended to permit the
4-24 committee to amend Section 41.099, Education Code, to read as
4-25 follows:
4-26 Sec. 41.099. LIMITATION. (a) Sections 41.002(e), 41.094,
4-27 41.097, and 41.098 apply only to a district that:
5-1 (1) executes an agreement to purchase all attendance
5-2 credits necessary to reduce the district's wealth per student to
5-3 the equalized wealth level; [or]
5-4 (2) executes an agreement to purchase attendance
5-5 credits and an agreement under Subchapter E to contract for the
5-6 education of nonresident students who transfer to and are educated
5-7 in the district but who are not charged tuition; or
5-8 (3) executes an agreement under Subchapter E to
5-9 contract for the education of nonresident students:
5-10 (A) to an extent that does not provide more than
5-11 10 percent of the reduction in wealth per student required for the
5-12 district to achieve a wealth per student that is equal to or less
5-13 than the equalized wealth level; and
5-14 (B) under which all revenue paid by the district
5-15 to other districts, in excess of the reduction in state aid that
5-16 results from counting the weighted average daily attendance of the
5-17 students served in the contracting district, is required to be used
5-18 for funding a consortium of at least three districts in a county
5-19 with a population of less than 40,000 that is formed to support a
5-20 technology initiative.
5-21 (b) A district that executes an agreement under Subsection
5-22 (a)(3) must pay full market value for any good or service the
5-23 district obtains through the consortium.
5-24 Explanation: This change is necessary to permit districts
5-25 that participate in certain technology consortiums to receive
5-26 certain benefits in connection with the purchase of attendance
5-27 credits under Subchapter D, Chapter 41, Education Code.
6-1 (7) Senate Rule 12.03(1) is suspended to permit the
6-2 committee to add Section 42.007(c), Education Code, to read as
6-3 follows:
6-4 (c) The funding elements must include:
6-5 (1) a basic allotment for the purposes of Section
6-6 42.101 that, when combined with the guaranteed yield component
6-7 provided by Subchapter F, represents the cost per student of a
6-8 regular education program that meets all mandates of law and
6-9 regulation;
6-10 (2) adjustments designed to reflect the variation in
6-11 known resource costs and costs of education beyond the control of
6-12 school districts;
6-13 (3) appropriate program cost differentials and other
6-14 funding elements for the programs authorized under Subchapter C,
6-15 with the program funding level expressed as dollar amounts and as
6-16 weights applied to the adjusted basic allotment for the appropriate
6-17 year;
6-18 (4) the maximum guaranteed level of qualified state
6-19 and local funds per student for the purposes of Subchapter F;
6-20 (5) the enrichment and facilities tax rate under
6-21 Subchapter F;
6-22 (6) the computation of students in weighted average
6-23 daily attendance under Section 42.302; and
6-24 (7) the amount to be appropriated for the school
6-25 facilities assistance program under Chapter 46.
6-26 Explanation: This change is necessary to conform Section
6-27 42.007(c), Education Code, to Chapters 42 and 46, Education Code,
7-1 as amended and added by H.B. No. 4.
7-2 (8) Senate Rules 12.03(1) and (4) are suspended to permit
7-3 the committee to amend Section 42.302(b), Education Code, to read
7-4 as follows:
7-5 (b) In computing the district enrichment and facilities tax
7-6 rate of a school district, the total amount of taxes collected by
7-7 the school district does not include the amount of:
7-8 (1) the district's local fund assignment under Section
7-9 42.252; [or]
7-10 (2) taxes collected to pay the local share of the cost
7-11 of an instructional facility for which the district receives state
7-12 assistance under Chapter 46 [Subchapter H]; or
7-13 (3) taxes paid into a tax increment fund under Chapter
7-14 311, Tax Code.
7-15 Explanation: This change is necessary to conform Section
7-16 42.302(b)(2), Education Code, to Chapters 42 and 46, Education
7-17 Code, as amended by H.B. No. 4, and to remove taxes paid by a
7-18 school district into a tax increment fund from the computation of
7-19 the district's effective tax rate for purposes of Tier 2 of the
7-20 Foundation School Program.
7-21 (9) Senate Rule 12.03(4) is suspended to permit the
7-22 committee to add Section 11.13(s), Tax Code, to read as follows:
7-23 (s) Notwithstanding Subsection (n), an exemption under that
7-24 subsection for the 1997 tax year adopted by the board of trustees
7-25 of a school district before July 1, 1997, is valid. This
7-26 subsection expires January 1, 1999.
7-27 Explanation: This change is necessary to permit the board of
8-1 trustees of a school district to adopt an optional residence
8-2 homestead exemption for the 1997 tax year after May 1, 1997, which
8-3 is the date by which the exemption must be adopted under Section
8-4 11.13(n), Tax Code.
8-5 (10) Senate Rule 12.03(4) is suspended to permit the
8-6 committee to repeal Section 42.351, Education Code.
8-7 Explanation: This change is necessary to repeal the
8-8 requirement that the State Board of Education establish and update
8-9 a statewide inventory of school facilities.
8-10 (11) Senate Rule 12.03(4) is suspended to permit the
8-11 committee to add SECTION 31 to read as follows:
8-12 SECTION 31. The amendment by this Act of Section 42.101,
8-13 Education Code, does not affect the change in the basic allotment
8-14 under that section made by H.B. No. 4, Acts of the 75th
8-15 Legislature, Regular Session, 1997.
8-16 Explanation: This change is necessary to avoid conflicting
8-17 language in Section 42.101, Education Code, as amended by S.B. No.
8-18 1873 and H.B. No. 4.
8-19 (12) Senate Rules 12.03(1) and (4) are suspended to permit
8-20 the committee to add SECTION 32 to read as follows:
8-21 SECTION 32. (a) Except as provided by Subsection (b) of
8-22 this section, this Act takes effect September 1, 1997.
8-23 (b) Section 6 of this Act takes effect September 1, 1997,
8-24 but only if the constitutional amendment proposed by H.J.R. No. 4,
8-25 75th Legislature, Regular Session, is approved by the voters. If
8-26 the proposed constitutional amendment is not approved by the
8-27 voters, Section 6 of this Act has no effect.
9-1 Explanation: This change is necessary to make the addition
9-2 of Section 30.003(h), Education Code, contingent on adoption of the
9-3 constitutional amendment proposed by H.J.R. No. 4.