By Hardcastle H.B. No. 2326
76R7876 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the school district equalized wealth level.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.001(3), Education Code, is amended to
1-5 read as follows:
1-6 (3) "Weighted average daily attendance" has the
1-7 meaning assigned by Section 42.302[, except that:]
1-8 [(A) weighted average daily attendance is
1-9 computed using the estimate of average daily attendance under
1-10 Section 42.254; and]
1-11 [(B) the estimate under Section 42.254 is
1-12 modified by including a student residing in a school district but
1-13 attending school in another district in the estimate for the
1-14 district of the student's residence and not of the district in
1-15 which the student attends school].
1-16 SECTION 2. Section 41.003, Education Code, is amended to
1-17 read as follows:
1-18 Sec. 41.003. OPTIONS TO ACHIEVE EQUALIZED WEALTH LEVEL. A
1-19 district with a wealth per student that exceeds the equalized
1-20 wealth level may take any combination of the following actions to
1-21 achieve the equalized wealth level:
1-22 (1) consolidation with another district as provided by
1-23 Subchapter B;
1-24 (2) detachment of territory as provided by Subchapter
2-1 C;
2-2 (3) purchase of average daily attendance credit as
2-3 provided by Subchapter D;
2-4 (4) educating [contracting for the education of]
2-5 nonresident students as provided by Subchapter E; or
2-6 (5) tax base consolidation with another district as
2-7 provided by Subchapter F.
2-8 SECTION 3. Subchapter A, Chapter 41, Education Code, is
2-9 amended by adding Section 41.0031 to read as follows:
2-10 Sec. 41.0031. INCLUSION OF ATTENDANCE CREDITS AND
2-11 NONRESIDENTS IN WEIGHTED AVERAGE DAILY ATTENDANCE. In determining
2-12 whether a school district has a wealth per student less than or
2-13 equal to the equalized wealth level, the commissioner shall use:
2-14 (1) the district's final weighted average daily
2-15 attendance; and
2-16 (2) the number of attendance credits a district
2-17 purchases under Subchapter D or the number of nonresident students
2-18 a district educates under Subchapter E for a school year.
2-19 SECTION 4. Section 41.004(a), Education Code, is amended to
2-20 read as follows:
2-21 (a) Not later than July 15 of each year, using the estimate
2-22 of enrollment under Section 42.254, the commissioner shall review
2-23 the wealth per student of school districts in the state and shall
2-24 notify:
2-25 (1) each district with wealth per student exceeding
2-26 the equalized wealth level;
2-27 (2) each district to which the commissioner proposes
3-1 to annex property detached from a district notified under
3-2 Subdivision (1), if necessary, under Subchapter G; and
3-3 (3) each district to which the commissioner proposes
3-4 to consolidate a district notified under Subdivision (1), if
3-5 necessary, under Subchapter H.
3-6 SECTION 5. Section 41.093, Education Code, is amended by
3-7 adding Subsection (c) to read as follows:
3-8 (c) The cost of an attendance credit for a school district
3-9 is computed using the final tax collections of the district.
3-10 SECTION 6. Subchapter E, Chapter 41, Education Code, is
3-11 amended by adding Section 41.124 to read as follows:
3-12 Sec. 41.124. TRANSFERS. (a) The board of trustees of a
3-13 school district with a wealth per student that exceeds the
3-14 equalized wealth level may reduce the district's wealth per student
3-15 by serving nonresident students who transfer to the district and
3-16 are educated by the district but who are not charged tuition. A
3-17 district that exercises the option under this subsection is not
3-18 required to execute an agreement with the school district in which
3-19 a transferring student resides and must certify to the commissioner
3-20 that the district has not charged or received tuition for the
3-21 transferring students.
3-22 (b) A school district with a wealth per student that exceeds
3-23 the equalized wealth level that pays tuition to another school
3-24 district for the education of students that reside in the district
3-25 may apply the amount of tuition paid toward the cost of the option
3-26 chosen by the district to reduce its wealth per student. The
3-27 amount applied under this subsection may not exceed the amount
4-1 determined under Section 41.093 as the cost of an attendance credit
4-2 for the district. The commissioner may require any reports
4-3 necessary to document the tuition payments.
4-4 (c) A school district that receives tuition for a student
4-5 from a school district with a wealth per student that exceeds the
4-6 equalized wealth level may not claim attendance for that student
4-7 for purposes of Chapters 42 and 46.
4-8 SECTION 7. The heading to Subchapter E, Chapter 41,
4-9 Education Code, is amended to read as follows:
4-10 SUBCHAPTER E. [CONTRACT FOR] EDUCATION OF NONRESIDENT
4-11 STUDENTS
4-12 SECTION 8. This Act applies beginning with the 1999-2000
4-13 school year.
4-14 SECTION 9. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.