SRC-DPW S.B. 1286 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1286
76R9258 KKA-FBy: Lucio
Education
4/6/1999
As Filed


DIGEST 

Currently, Texas does not have a perpetual revenue stream or revolving fund
to finance school facility projects.  Historically, the legislature has
proposed a set amount of monies, through the appropriations bill, to
finance school facilities initiatives.  This bill would create the public
education facilities fund with revenue that would offset the need for the
legislature to appropriate funds in the appropriations bill for school
facilities. 

PURPOSE

As proposed, S.B. 1286 establishes the public education facilities fund.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of education in SECTION
1 (Section 47.003(a), Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2I, Education Code, by adding Chapter 47, as
follows: 

CHAPTER 47. PUBLIC EDUCATION FACILITIES ASSISTANCE FUND

Sec. 47.001. DEFINITIONS.  Defines "fund" and "instructional facility."

Sec. 47.002. FUND. Provides that the public education facilities fund
(fund) consists of amounts transferred under Section 3a, Article VII, Texas
Constitution, gifts or grants accepted by the commissioner of education
(commissioner) under Subsection (d), and certain other income earned from
the investment of the fund.  Authorizes distributions from the fund to be
made without appropriation in a manner provided by this chapter and Section
3a, Article VII, Texas Constitution, and to be used only for the purposes
stated in that section.  Requires the commissioner to administer the fund
and provide for the investment of the fund in a certain manner.  Authorizes
the commissioner to pay reasonable administrative expenses for the income
of the fund, not to exceed an amount authorized by the General
Appropriations Act.  Requires the commissioner to solicit and accept gifts
or grants from various sources for the fund. 

Sec. 47.003. FINANCIAL ASSISTANCE. Requires the commissioner to establish,
by rule, a grant program to assist school districts in the acquisition and
improvement of land and capital equipment for instructional purposes.
Authorizes the grants to be provided for certain improvements or
renovations of instructional facilities.  Requires the commissioner to
consider certain aspects of the school district in determining the amount
and award of a grant under this section.  Authorizes the commissioner to
require a local commitment of funds as a condition of a grant under this
section.  Requires the commissioner to develop an application process
allowing a school district to apply for assistance for projects under this
section and Chapter 46. Requires the comptroller to distribute to school
districts, from amounts available for distribution from the fund, amounts
from the fund in accordance with grants awarded by the commissioner. 

SECTION 2. Effective date: January 1, 2000, provided that voters of this
state approve a constitutional amendment creating a public education
facilities assistance fund; without such approval, this Act has no effect.
Requires the commissioner to adopt certain rules by September 1, 2000, if
this Act takes effect under Subsection (a) of this section. 
 
SECTION 3. Emergency clause.