By Hochberg H.B. No. 3558
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the method by which allotments are reduced to fund
1-3 certain programs within the foundation school programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42, Subchapter C, Education Code, shall
1-6 be amended by adding Section 42.158.:
1-7 Section 42.158. Reduction in Allotments. (a) The
1-8 commissioner shall reduce allotments as directed by this section or
1-9 by appropriation for the purpose of funding specific programs in a
1-10 manner which is consistent with the methodology for a shortfall in
1-11 appropriation under section 42.253(h). A reduction in allotments
1-12 under this section shall not reduce the computation of weighted
1-13 students for purposes of subchapter F, but shall reduce the
1-14 computation of weighted students for purposes of Chapter 41, to the
1-15 extent necessary to implement this section.
1-16 (b) To the extent a reduction in allotments under this
1-17 section increases the amount of receipts appropriated to the
1-18 Foundation School Program under Chapter 41, the commissioner shall
1-19 transfer that amount to the program for which a reduction in
1-20 allotments is authorized.
1-21 (c) The commissioner may retain a portion of the total
2-1 amount allotted under Section 42.152 that the commissioner
2-2 considers appropriate to finance intensive accelerated instruction
2-3 programs and study guides provided under Sections 39.024(b) and
2-4 (c).
2-5 (d) From the total amount of funds appropriated for
2-6 allotments under Section 42.152, the commissioner shall, each
2-7 fiscal year, withhold an amount to be determined by the
2-8 commissioner, but not less than $10,000,000, and distribute that
2-9 amount for programs under Section 29.085. In distributing those
2-10 funds, preference shall be given to a school district that received
2-11 funds for a program under Section 29.085 for the preceding school
2-12 year. The program established under that section is required only
2-13 in school districts in which the program is financed by funds
2-14 distributed under Section 42.152 and any other funds available for
2-15 the program.
2-16 (e) The commissioner shall coordinate the funds withheld
2-17 under (d) and any other funds available for the program and shall
2-18 distribute those funds. To receive funds for the program, a school
2-19 district must apply to the commissioner. The commissioner shall
2-20 give a preference to the districts that apply that have the highest
2-21 concentration of students who are pregnant or who are parents.
2-22 (f) From the total amount of funds appropriated for
2-23 allotments under Section 42.152, the commissioner shall, each
2-24 fiscal year, withhold $7,500,000 or a greater amount as determined
2-25 in the General Appropriations Act and distribute that amount for
3-1 programs under Subchapter A, Chapter 33. A program established
3-2 under that subchapter under that subchapter is required only in
3-3 school districts in which the program is financed by funds
3-4 distributed under Section 42.152 or other funds distributed by the
3-5 commissioner for a program under that subchapter. In distributing
3-6 those funds, preference shall be given to a school district that
3-7 received funds for a program under this subsection for the
3-8 preceding school year.
3-9 (g) The commissioner shall coordinate the funds withheld
3-10 under Subsection (f) and any other funds available for the program
3-11 and shall distribute those funds. To receive funds for the
3-12 program, a school district must apply to the commissioner. The
3-13 shall give a preference to the districts that apply that have the
3-14 highest concentration of at-risk students. For each school year
3-15 that a school district receives funds under Section 42.152, the
3-16 district shall allocate an amount of local funds for school
3-17 guidance and counseling programs that is equal to or greater than
3-18 the amount of local funds that the school district allocated for
3-19 that purpose during the preceding school year.
3-20 (h) From the total amount of funds appropriated for
3-21 allotments in Section 42.152, the commissioner shall, each fiscal
3-22 year, withhold the amount of $2.5 million for transfer to the
3-23 investment capital fund under Section 7.024.
3-24 (i) From the total amount of funds appropriated for
3-25 allotments in Section 42.152, the commissioner may withhold an
4-1 amount not exceeding $1 million each fiscal year and distribute the
4-2 funds to school districts that incur unanticipated expenditures
4-3 resulting from a significant increase in the enrollment of students
4-4 who do not have disabilities and who reside in residential
4-5 placement facilities.
4-6 (j) The commissioner shall:
4-7 (1) withhold, from the total amount of funds
4-8 appropriated for allotments under Section 42.152, an amount
4-9 sufficient to finance extended year programs under Section 29.082
4-10 not to exceed five percent of the amounts allocated under Section
4-11 42.152; and
4-12 (2) give priority to applicants for extended year
4-13 programs to districts with high concentrations of educationally
4-14 disadvantaged students.
4-15 (k) After each district has received allotted funds for
4-16 funds defined in Section 42.156, the State Board of Education may
4-17 use up to $500,000 of the funds allocated under this section for
4-18 programs such as MATHCOUNTS, Future Problem Solving, Odyssey of the
4-19 Mind, and Academic Decathlon, as long as these funds are used to
4-20 train personnel and provide program services. To be eligible for
4-21 funding under this subsection, a program must be determined by the
4-22 State Board of Education to provide services that are effective and
4-23 consistent with the state plan for gifted and talented education.
4-24 SECTION 2. Subsections (e), (f), (g), (h), (i), (j), (l),
4-25 (m), (n), (o), (p) in Section 42.152, Education Code, shall be
5-1 repealed.
5-2 SECTION 3. Subsection (f) in Section 42.156, Education Code
5-3 shall be repealed.
5-4 SECTION 4. This Act shall take effect September 1, 1999.
5-5 SECTION 5. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in the each house be suspended, and this rule is hereby
5-10 suspended, and that this Act take effect and be in force according
5-11 to its terms, and it is so enacted.