76R16836 ESH-D
By Bivins, et al. S.B. No. 4
Substitute the following for S.B. No. 4:
By Sadler C.S.S.B. No. 4
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public school finance, property tax relief, and public
1-3 education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. SCHOOL FINANCE AND PROPERTY TAX RELIEF
1-6 SECTION 1.01. Subdivision (3), Section 41.001, Education
1-7 Code, is amended to read as follows:
1-8 (3) "Weighted average daily attendance" has the
1-9 meaning assigned by Section 42.302[, except that:]
1-10 [(A) weighted average daily attendance is
1-11 computed using the estimate of average daily attendance under
1-12 Section 42.254; and]
1-13 [(B) the estimate under Section 42.254 is
1-14 modified by including a student residing in a school district but
1-15 attending school in another district in the estimate for the
1-16 district of the student's residence and not of the district in
1-17 which the student attends school].
1-18 SECTION 1.02. Section 41.002, Education Code, is amended by
1-19 amending Subsections (a), (b), (e), and (f) and adding Subsections
1-20 (g) and (h) to read as follows:
1-21 (a) A school district may not have a wealth per student that
1-22 exceeds $295,000 [$280,000].
1-23 (b) For [Except as provided by Subsection (c), for] purposes
2-1 of this chapter, the commissioner shall adjust, in accordance with
2-2 Section 42.2521 [by the amount of the decline], the taxable values
2-3 of a school district that, due to factors beyond the control of the
2-4 board of trustees, experiences a rapid decline [from the preceding
2-5 year] in the tax base used in calculating taxable values [that is
2-6 beyond the control of the board of trustees of the district].
2-7 (e) Notwithstanding Subsection (a) and except as provided by
2-8 Subsection (g), for the [1997-1998, 1998-1999, and] 1999-2000,
2-9 2000-2001, and 2001-2002 school years, in accordance with a
2-10 determination of the commissioner, the wealth per student that a
2-11 school district may have after exercising an option under Section
2-12 41.003(2) or (3) may not be less than the amount needed to maintain
2-13 state and local revenue in an amount equal to state and local
2-14 revenue per weighted student for maintenance and operation of the
2-15 district for the 1992-1993 school year less the district's current
2-16 year distribution per weighted student from the available school
2-17 fund, other than amounts distributed under Chapter 31, if the
2-18 district imposes an effective tax rate for maintenance and
2-19 operation of the district equal to the greater of the district's
2-20 current tax rate or $1.50 on the $100 valuation of taxable
2-21 property. This subsection expires September 1, 2002 [2000].
2-22 (f) For purposes of Subsection (e), a school district's
2-23 effective tax rate is determined by dividing the total amount of
2-24 taxes collected by the district for the applicable school year less
2-25 any amounts paid into a tax increment fund under Chapter 311, Tax
2-26 Code, by the quotient of the district's taxable value of property,
2-27 as determined under Subchapter M, Chapter 403, Government Code,
3-1 divided by 100. This subsection expires September 1, 2002 [2000].
3-2 (g) The wealth per student that a district may have under
3-3 Subsection (e) is adjusted as follows:
3-4 AWPS = WPS X (((EWL/280,000 - 1) X DTR/1.5) + 1)
3-5 where:
3-6 "AWPS" is the district's wealth per student;
3-7 "WPS" is the district's wealth per student determined under
3-8 Subsection (e);
3-9 "EWL" is the equalized wealth level; and
3-10 "DTR" is the district's adopted maintenance and operations
3-11 tax rate for the current school year.
3-12 (h) Subsection (g) and this subsection expire September 1,
3-13 2002.
3-14 SECTION 1.03. Section 41.003, Education Code, is amended to
3-15 read as follows:
3-16 Sec. 41.003. OPTIONS TO ACHIEVE EQUALIZED WEALTH LEVEL. A
3-17 district with a wealth per student that exceeds the equalized
3-18 wealth level may take any combination of the following actions to
3-19 achieve the equalized wealth level:
3-20 (1) consolidation with another district as provided by
3-21 Subchapter B;
3-22 (2) detachment of territory as provided by Subchapter
3-23 C;
3-24 (3) purchase of average daily attendance credit as
3-25 provided by Subchapter D;
3-26 (4) educating [contracting for the education of]
3-27 nonresident students as provided by Subchapter E; or
4-1 (5) tax base consolidation with another district as
4-2 provided by Subchapter F.
4-3 SECTION 1.04. Subchapter A, Chapter 41, Education Code, is
4-4 amended by adding Section 41.0031 to read as follows:
4-5 Sec. 41.0031. INCLUSION OF ATTENDANCE CREDITS AND
4-6 NONRESIDENTS IN WEIGHTED AVERAGE DAILY ATTENDANCE. In determining
4-7 whether a school district has a wealth per student less than or
4-8 equal to the equalized wealth level, the commissioner shall use:
4-9 (1) the district's final weighted average daily
4-10 attendance; and
4-11 (2) the number of attendance credits a district
4-12 purchases under Subchapter D or the number of nonresident students
4-13 a district educates under Subchapter E for a school year.
4-14 SECTION 1.05. Subsection (a), Section 41.004, Education
4-15 Code, is amended to read as follows:
4-16 (a) Not later than July 15 of each year, using the estimate
4-17 of enrollment under Section 42.254, the commissioner shall review
4-18 the wealth per student of school districts in the state and shall
4-19 notify:
4-20 (1) each district with wealth per student exceeding
4-21 the equalized wealth level;
4-22 (2) each district to which the commissioner proposes
4-23 to annex property detached from a district notified under
4-24 Subdivision (1), if necessary, under Subchapter G; and
4-25 (3) each district to which the commissioner proposes
4-26 to consolidate a district notified under Subdivision (1), if
4-27 necessary, under Subchapter H.
5-1 SECTION 1.06. Section 41.093, Education Code, is amended by
5-2 adding Subsection (c) to read as follows:
5-3 (c) The cost of an attendance credit for a school district
5-4 is computed using the final tax collections of the district.
5-5 SECTION 1.07. Subchapter E, Chapter 41, Education Code, is
5-6 amended by adding Section 41.124 to read as follows:
5-7 Sec. 41.124. TRANSFERS. (a) The board of trustees of a
5-8 school district with a wealth per student that exceeds the
5-9 equalized wealth level may reduce the district's wealth per student
5-10 by serving nonresident students who transfer to the district and
5-11 are educated by the district but who are not charged tuition. A
5-12 district that exercises the option under this subsection is not
5-13 required to execute an agreement with the school district in which
5-14 a transferring student resides and must certify to the commissioner
5-15 that the district has not charged or received tuition for the
5-16 transferring students.
5-17 (b) A school district with a wealth per student that exceeds
5-18 the equalized wealth level that pays tuition to another school
5-19 district for the education of students that reside in the district
5-20 may apply the amount of tuition paid toward the cost of the option
5-21 chosen by the district to reduce its wealth per student. The
5-22 amount applied under this subsection may not exceed the amount
5-23 determined under Section 41.093 as the cost of an attendance credit
5-24 for the district. The commissioner may require any reports
5-25 necessary to document the tuition payments.
5-26 (c) A school district that receives tuition for a student
5-27 from a school district with a wealth per student that exceeds the
6-1 equalized wealth level may not claim attendance for that student
6-2 for purposes of Chapters 42 and 46.
6-3 SECTION 1.08. The heading to Subchapter E, Chapter 41,
6-4 Education Code, is amended to read as follows:
6-5 SUBCHAPTER E. [CONTRACT FOR] EDUCATION OF NONRESIDENT
6-6 STUDENTS
6-7 SECTION 1.09. Subsection (d), Section 42.007, Education
6-8 Code, is amended to read as follows:
6-9 (d) The board shall conduct a study on the funding elements
6-10 each biennium, as appropriate. The study must include a
6-11 determination of the projected cost to the state in the next
6-12 biennium of ensuring the ability of each school district to
6-13 maintain existing programs without increasing property tax
6-14 rates.
6-15 SECTION 1.10. Section 42.101, Education Code, is amended to
6-16 read as follows:
6-17 Sec. 42.101. BASIC ALLOTMENT. For each student in average
6-18 daily attendance, not including the time students spend each day in
6-19 special education programs in an instructional arrangement other
6-20 than mainstream or career and technology education programs, for
6-21 which an additional allotment is made under Subchapter C, a
6-22 district is entitled to an allotment of $2,537 [$2,387]. A greater
6-23 amount for any school year may be provided by appropriation.
6-24 SECTION 1.11. Subchapter B, Chapter 42, Education Code, is
6-25 amended by adding Section 42.106 to read as follows:
6-26 Sec. 42.106. ADJUSTED PROPERTY VALUE FOR DISTRICTS NOT
6-27 OFFERING ALL GRADE LEVELS. For purposes of this chapter, the
7-1 taxable value of property of a school district that contracts for
7-2 students residing in the district to be educated in another
7-3 district under Section 25.039(a) is adjusted by applying the
7-4 formula:
7-5 ADPV = DPV - (TN/.015)
7-6 where:
7-7 "ADPV" is the district's adjusted taxable value of property;
7-8 "DPV" is the taxable value of property in the district for
7-9 the preceding tax year determined under Subchapter M, Chapter 403,
7-10 Government Code; and
7-11 "TN" is the total amount of tuition required to be paid by
7-12 the district under Section 25.039 for the school year for which the
7-13 adjustment is made.
7-14 SECTION 1.12. Section 42.152, Education Code, is amended by
7-15 adding Subsections (s) and (t) to read as follows:
7-16 (s) A reduction made under this section or the General
7-17 Appropriations Act in the allotment under this section does not
7-18 affect the computation of students in weighted average daily
7-19 attendance for purposes of Subchapter F.
7-20 (t) For the 1999-2000 and 2000-2001 school years, the
7-21 commissioner shall reduce the guaranteed level of state and local
7-22 funds per weighted student per cent of tax effort under Section
7-23 42.302 by an amount sufficient to reduce state costs in an amount
7-24 equal to the increase in state costs due to the application of
7-25 Subsection (s). The commissioner shall determine the same
7-26 reduction for both school years and shall announce the
7-27 determination as soon as practicable after August 1, 1999. A
8-1 determination by the commissioner under this section is final and
8-2 may not be appealed. This subsection expires September 1, 2001.
8-3 SECTION 1.13. Effective September 1, 2000, Subchapter C,
8-4 Chapter 42, Education Code, is amended by adding Section 42.158 to
8-5 read as follows:
8-6 Sec. 42.158. NEW INSTRUCTIONAL FACILITY ALLOTMENT. (a) A
8-7 school district is entitled to an additional allotment as provided
8-8 by this section for operational expenses associated with opening a
8-9 new instructional facility.
8-10 (b) For the first school year in which students attend a new
8-11 instructional facility, a school district is entitled to an
8-12 allotment of $400 for each student in average daily attendance at
8-13 the facility. For the second school year in which students attend
8-14 that instructional facility, a school district is entitled to an
8-15 allotment of $400 for each additional student in average daily
8-16 attendance at the facility.
8-17 (c) For purposes of this section, the number of additional
8-18 students in average daily attendance at a facility is the
8-19 difference between the number of students in average daily
8-20 attendance in the current year at that facility and the number of
8-21 students in average daily attendance at that facility in the
8-22 preceding year.
8-23 (d) The amount appropriated for allotments under this
8-24 section may not exceed $40 million in a school year. If the total
8-25 amount of allotments to which districts are entitled under this
8-26 section for a school year exceeds the amount appropriated for
8-27 allotments under this section, the commissioner shall reduce each
9-1 district's allotment under this section in the manner provided by
9-2 Section 42.253(h).
9-3 (e) The commissioner may adopt rules necessary to implement
9-4 this section.
9-5 (f) In this section, "instructional facility" has the
9-6 meaning assigned by Section 46.001.
9-7 SECTION 1.14. Section 42.2511, Education Code, is amended to
9-8 read as follows:
9-9 Sec. 42.2511. [COMPUTATION OF STATE AID FOR 1997-1998 SCHOOL
9-10 YEAR;] ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION. (a)
9-11 Notwithstanding any other provision of this chapter, [in computing
9-12 state aid for the 1997-1998 school year, a school district's
9-13 taxable value of property under Subchapter M, Chapter 403,
9-14 Government Code, is determined as if the increase in the homestead
9-15 exemption under Section 1-b(c), Article VIII, Texas Constitution,
9-16 and the additional limitation on tax increases under Section 1-b(d)
9-17 of that article, as proposed by H.J.R. No. 4, 75th Legislature,
9-18 Regular Session, 1997, had been in effect for the 1996 tax year.]
9-19 [(b) For the 1997-1998 and 1998-1999 school years,] a school
9-20 district is entitled to additional state aid to the extent that
9-21 state aid under this chapter based on the determination of the
9-22 school district's taxable value of property as provided under
9-23 Subchapter M, Chapter 403, Government Code, [by Subsection (a)]
9-24 does not fully compensate the district for ad valorem tax revenue
9-25 [that would have been] lost due to the increase in the homestead
9-26 exemption under Section 1-b(c), Article VIII, Texas Constitution,
9-27 as proposed by H.J.R. No. 4, Acts of the 75th Legislature, Regular
10-1 Session, 1997, and the additional limitation on tax increases under
10-2 Section 1-b(d), Article VIII, Texas Constitution, as proposed by
10-3 H.J.R. No. 4, Acts of the 75th Legislature, Regular Session, 1997
10-4 [if the increased exemption and additional limitation had been in
10-5 effect for the 1996 tax year].
10-6 (b) The commissioner, using information provided by the
10-7 comptroller, shall compute the amount of additional state aid to
10-8 which a district is entitled under this section [subsection]. A
10-9 determination by the commissioner under this section [subsection]
10-10 is final and may not be appealed.
10-11 [(c) This section expires September 1, 1999.]
10-12 SECTION 1.15. Subchapter E, Chapter 42, Education Code, is
10-13 amended by adding Sections 42.2512 and 42.2513 to read as follows:
10-14 Sec. 42.2512. SALARY TRANSITION AID. (a) For the 1999-2000
10-15 and 2000-2001 school years, a school district, including a school
10-16 district that is otherwise ineligible for state aid under this
10-17 chapter, is entitled to state aid in an amount, as determined by
10-18 the commissioner, equal to the difference, if any, between:
10-19 (1) the amount that the district, under Section
10-20 21.402(c-1), must increase the salaries of classroom teachers,
10-21 full-time librarians, full-time counselors, and full-time nurses;
10-22 and
10-23 (2) an amount equal to 80 percent of the amount of
10-24 additional funds to which the district is entitled due to the
10-25 increases made by S.B. No. 4, Acts of the 76th Legislature, Regular
10-26 Session, 1999, to:
10-27 (A) the equalized wealth level under Section
11-1 41.002;
11-2 (B) the basic allotment under Section 42.101;
11-3 and
11-4 (C) the guaranteed level of state and local
11-5 funds per weighted student per cent of tax effort under Section
11-6 42.302.
11-7 (b) A determination by the commissioner under this section
11-8 is final and may not be appealed.
11-9 (c) The commissioner may adopt rules to implement this
11-10 section.
11-11 (d) This section expires September 1, 2001.
11-12 Sec. 42.2513. ADDITIONAL SALARY TRANSITION AID. (a) For
11-13 the 1999-2000 and 2000-2001 school years, the commissioner shall
11-14 increase the entitlement under this chapter of a school district
11-15 that experiences additional salary cost resulting from Chapter 592
11-16 (H.B. No. 4), Acts of the 75th Legislature, Regular Session, 1997,
11-17 that is not fully funded by an amount equal to 20 percent of the
11-18 amount of additional funds to which the district is entitled due to
11-19 the increases made by S.B. No. 4, Acts of the 76th Legislature,
11-20 Regular Session, 1999, to:
11-21 (1) the equalized wealth level under Section 41.002;
11-22 (2) the basic allotment under Section 42.101; and
11-23 (3) the guaranteed level of state and local funds per
11-24 weighted student per cent of tax effort under Section 42.302.
11-25 (b) The amount of additional salary cost shall be computed
11-26 by determining what the district's salary cost for the 1996-1997
11-27 school year would have been if, for purposes of the minimum salary
12-1 schedule under Section 21.402, as that section existed on September
12-2 1, 1996, the amount appropriated for purposes of the Foundation
12-3 School Program for the 1997-1998 state fiscal year were increased
12-4 by $520 million and comparing that cost to the amount the district
12-5 was actually required to pay under Section 21.402. For this
12-6 purpose, the commissioner shall use 1996-1997 employment and salary
12-7 data as reported through the Public Education Information
12-8 Management System (PEIMS).
12-9 (c) The commissioner shall determine the amount of
12-10 additional state aid under this section to which each school
12-11 district is entitled. A decision of the commissioner under this
12-12 section is final and may not be appealed.
12-13 (d) This section expires September 1, 2001.
12-14 SECTION 1.16. Effective September 1, 2001, Subchapter E,
12-15 Chapter 42, Education Code, is amended by adding Section 42.2514 to
12-16 read as follows:
12-17 Sec. 42.2514. ADJUSTMENT TO FUNDING ELEMENTS. (a) The
12-18 commissioner shall increase the basic allotment under Section
12-19 42.101 and the guaranteed level of state and local funds per
12-20 weighted student per cent of tax effort under Section 42.302 to
12-21 provide school districts in the aggregate the same amount of state
12-22 funds that would have been delivered under this chapter if former
12-23 Section 42.102, as that section existed on May 31, 1999, had not
12-24 been repealed.
12-25 (b) An increase under Subsection (a) must be in proportion
12-26 to the amount of funds that would have been available in Tiers 1
12-27 and 2 of the Foundation School Program because of adjustment if
13-1 former Section 42.102 had not been repealed.
13-2 (c) A determination by the commissioner under this section
13-3 is final and may not be appealed.
13-4 SECTION 1.17. Subchapter E, Chapter 42, Education Code, is
13-5 amended by adding Sections 42.2521 and 42.2522 to read as follows:
13-6 Sec. 42.2521. ADJUSTMENT FOR RAPID DECLINE IN TAXABLE VALUE
13-7 OF PROPERTY. (a) For purposes of Chapters 41, 46, and this
13-8 chapter, and to the extent money specifically authorized to be used
13-9 under this section is available, the commissioner shall adjust the
13-10 taxable value of property in a school district that, due to factors
13-11 beyond the control of the board of trustees, experiences a rapid
13-12 decline in the tax base used in calculating taxable values in
13-13 excess of four percent of the tax base used in the preceding year
13-14 to reflect the current year taxable values.
13-15 (b) To the extent that a sufficient amount of money is not
13-16 available to fund all adjustments under this section, the
13-17 commissioner shall reduce adjustments in the manner provided by
13-18 Section 42.253(h) so that the total amount of adjustments equals
13-19 the amount of money available to fund the adjustments.
13-20 (c) A decision of the commissioner under this section is
13-21 final and may not be appealed.
13-22 Sec. 42.2522. ADJUSTMENT FOR OPTIONAL HOMESTEAD EXEMPTION.
13-23 (a) In any school year, the commissioner may not provide funding
13-24 under this chapter based on a school district's taxable value of
13-25 property computed in accordance with Section 403.302(d)(2),
13-26 Government Code, unless:
13-27 (1) funds are specifically appropriated for purposes
14-1 of this section; or
14-2 (2) the commissioner determines that the total amount
14-3 of state funds appropriated for purposes of the Foundation School
14-4 Program for the school year exceeds the amount of state funds
14-5 distributed to school districts in accordance with Section 42.253
14-6 based on the taxable values of property in school districts
14-7 computed in accordance with Section 403.302(d), Government Code,
14-8 without any deduction for residence homestead exemptions granted
14-9 under Section 11.13(n), Tax Code.
14-10 (b) In making a determination under Subsection (a)(2), the
14-11 commissioner shall:
14-12 (1) notwithstanding Section 42.253(b), reduce the
14-13 entitlement under this chapter of a school district whose final
14-14 taxable value of property is higher than the estimate under Section
14-15 42.254 and make payments to school districts accordingly; and
14-16 (2) give priority to school districts that, due to
14-17 factors beyond the control of the board of trustees, experience a
14-18 rapid decline in the tax base used in calculating taxable values in
14-19 excess of four percent of the tax base used in the preceding year.
14-20 (c) In the first year of a state fiscal biennium, before
14-21 providing funding as provided by Subsection (a)(2), the
14-22 commissioner shall ensure that sufficient appropriated funds for
14-23 purposes of the Foundation School Program are available for the
14-24 second year of the biennium, including funds to be used for
14-25 purposes of Section 42.2521.
14-26 (d) If the commissioner determines that the amount of funds
14-27 available under Subsection (a)(1) or (2) does not at least equal
15-1 the total amount of state funding to which districts would be
15-2 entitled if state funding under this chapter were based on the
15-3 taxable values of property in school districts computed in
15-4 accordance with Section 403.302(d)(2), Government Code, the
15-5 commissioner may, to the extent necessary, provide state funding
15-6 based on a uniform lesser fraction of the deduction under Section
15-7 403.302(d)(2), Government Code.
15-8 SECTION 1.18. Section 42.253, Education Code, is amended by
15-9 amending Subsection (e) and adding Subsection (e-1) to read as
15-10 follows:
15-11 (e) The commissioner shall recompute the amount to which the
15-12 district is entitled under Subsection (c) if a school district's
15-13 tax rate is less than the limit authorized under this subsection.
15-14 Except as otherwise provided by this subsection, the [The] amount
15-15 to which a district is entitled under this section may not exceed
15-16 the amount to which the district would be entitled at the
15-17 district's tax rate for the final year of the preceding biennium,
15-18 or a different tax rate provided by appropriation. The amount to
15-19 which a district is entitled under Section 42.303 may not exceed
15-20 the amount to which the district would be entitled based on the
15-21 portion of the district's tax rate for the final year of the
15-22 preceding biennium that meets the requirements of Sections
15-23 42.303(b)(1) and (2). The commissioner shall recompute the amount
15-24 to which a district is entitled to the extent necessary under this
15-25 section. The commissioner shall approve warrants to the school in
15-26 the amount that results from the new computation. An amount equal
15-27 to the difference between the initial allocation and the amount of
16-1 the warrants shall be transferred to a special account in the
16-2 foundation school fund known as the reserve account.
16-3 (e-1) For the 1999-2000 and 2000-2001 school years, the
16-4 commissioner shall recompute the limit authorized under Subsection
16-5 (e) for each school district to be a rate that would entitle the
16-6 district to an amount of state and local funds per weighted student
16-7 in the current year, using a guaranteed level of state and local
16-8 funds per cent of tax effort under Section 42.302 of $23.10, equal
16-9 to the amount of state and local funds to which the district would
16-10 have been entitled under this chapter for the current school year
16-11 if there had been no change in law. For purposes of this
16-12 subsection, the commissioner shall base the determination of a
16-13 district's entitlement under prior law on the district's maximum
16-14 tax rate for the 1999-2000 school year under Subsection (e) and the
16-15 funding elements for this chapter as it existed on May 31, 1999. A
16-16 determination of the commissioner under this subsection is final
16-17 and may not be appealed. This subsection expires September 1,
16-18 2001.
16-19 SECTION 1.19. Subsection (a), Section 42.302, Education
16-20 Code, is amended to read as follows:
16-21 (a) Each school district is guaranteed a specified amount
16-22 per weighted student in state and local funds for each cent of tax
16-23 effort over that required for the district's local fund assignment
16-24 up to the maximum level specified in this subchapter. The amount
16-25 of state support, subject only to the maximum amount under Section
16-26 42.303, is determined by the formula:
16-27 GYA = (GL X WADA X DTR X 100) - LR
17-1 where:
17-2 "GYA" is the guaranteed yield amount of state funds to be
17-3 allocated to the district;
17-4 "GL" is the dollar amount guaranteed level of state and local
17-5 funds per weighted student per cent of tax effort, which is $24.75
17-6 [$21] or a greater amount for any year provided by appropriation;
17-7 "WADA" is the number of students in weighted average daily
17-8 attendance, which is calculated by dividing the sum of the school
17-9 district's allotments under Subchapters B and C, less any allotment
17-10 to the district for transportation, any allotment under Section
17-11 42.158 or 42.159, and 50 percent of the adjustment under Section
17-12 42.102, by the basic allotment for the applicable year;
17-13 "DTR" is the district enrichment and facilities tax rate of
17-14 the school district, which is determined by subtracting the amounts
17-15 specified by Subsection (b) from the total amount of taxes
17-16 collected by the school district for the applicable school year and
17-17 dividing the difference by the quotient of the district's taxable
17-18 value of property as determined under Subchapter M, Chapter 403,
17-19 Government Code, or, if applicable, under Section 42.2521, divided
17-20 by 100; and
17-21 "LR" is the local revenue, which is determined by multiplying
17-22 "DTR" by the quotient of the district's taxable value of property
17-23 as determined under Subchapter M, Chapter 403, Government Code, or,
17-24 if applicable, under Section 42.2521, divided by 100.
17-25 SECTION 1.20. Section 42.303, Education Code, is amended to
17-26 read as follows:
17-27 Sec. 42.303. LIMITATION ON ENRICHMENT AND FACILITIES TAX
18-1 RATE. (a) Except as otherwise provided by this section, the [The]
18-2 district enrichment and facilities tax rate ("DTR") under Section
18-3 42.302 may not exceed $0.64 per $100 of valuation, or a greater
18-4 amount for any year provided by appropriation.
18-5 (b) A district may receive state assistance under this
18-6 subchapter based on taxes imposed to pay the principal of and
18-7 interest on bonds for which taxes to pay the principal and interest
18-8 were first levied in a school year before the 1997-1998 school
18-9 year, or on bonds issued to refund such bonds, if:
18-10 (1) the district's total tax rate exceeds a rate equal
18-11 to the sum of the local fund assignment rate under Section 42.252
18-12 and the rate prescribed by Subsection (a); and
18-13 (2) all or part of the excess described by Subdivision
18-14 (1) is attributable to taxes imposed to pay the principal of and
18-15 interest on bonds described by this subsection.
18-16 (c) A district may not receive state assistance for any
18-17 portion of a tax rate that exceeds the limit prescribed by
18-18 Subsection (a) that is attributable to maintenance and operations
18-19 taxes.
18-20 (d) The tax rate for which a district may receive state
18-21 assistance as provided by Subsection (b) may not exceed the rate
18-22 that would be necessary for the current year, using state funds
18-23 under Section 42.302, to make payments of principal and interest on
18-24 the bonds described by Subsection (b) for which the tax is pledged.
18-25 (e) For purposes of this section:
18-26 (1) a district's total tax rate is determined by
18-27 subtracting the amounts specified by Subsection (f) from the total
19-1 amount of taxes collected by the school district for the applicable
19-2 school year and dividing the difference by the quotient of the
19-3 district's taxable value of property as determined under Subchapter
19-4 M, Chapter 403, Government Code, or, if applicable, under Section
19-5 42.2521 divided by 100; and
19-6 (2) in place of the guaranteed level of state and
19-7 local funds ("GL") provided under Section 42.302, the guaranteed
19-8 level of state and local funds per weighted student per cent of tax
19-9 effort is $23.10, or a greater amount for any year provided by
19-10 appropriation.
19-11 (f) In computing the total tax rate of a school district,
19-12 the total amount of taxes collected by the school district does not
19-13 include the amount of:
19-14 (1) taxes collected to pay the local share of the cost
19-15 of an instructional facility for which the district receives state
19-16 assistance under Chapter 46; or
19-17 (2) taxes paid into a tax increment fund under Chapter
19-18 311, Tax Code.
19-19 SECTION 1.21. Subsection (a), Section 46.003, Education
19-20 Code, is amended to read as follows:
19-21 (a) For each year, except as provided by Sections 46.005 and
19-22 46.006, a school district is guaranteed a specified amount per
19-23 student in state and local funds for each cent of tax effort, up to
19-24 the maximum rate under Subsection (b), to pay the principal of and
19-25 interest on eligible bonds issued to construct, acquire, renovate,
19-26 or improve an instructional facility. The amount of state support
19-27 is determined by the formula:
20-1 FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
20-2 where:
20-3 "FYA" is the guaranteed facilities yield amount of state
20-4 funds allocated to the district for the year;
20-5 "FYL" is the dollar amount guaranteed level of state and
20-6 local funds per student per cent of tax effort, which is $33 [$28]
20-7 or a greater amount for any year provided by appropriation;
20-8 "ADA" is the number of students in average daily attendance,
20-9 as determined under Section 42.005, in the district;
20-10 "BTR" is the district's bond tax rate for the current year,
20-11 which is determined by dividing the amount of taxes budgeted to be
20-12 collected by the district for payment of eligible bonds by the
20-13 quotient of the district's taxable value of property as determined
20-14 under Subchapter M, Chapter 403, Government Code, or, if
20-15 applicable, Section 42.2521, divided by 100; and
20-16 "DPV" is the district's taxable value of property as
20-17 determined under Subchapter M, Chapter 403, Government Code, or, if
20-18 applicable, Section 42.2521.
20-19 SECTION 1.22. Sections 21.401 and 21.402, Education Code,
20-20 are amended to read as follows:
20-21 Sec. 21.401. Minimum Service Required. (a) A contract
20-22 between a school district and an educator must be for a minimum of
20-23 10 months' service.
20-24 (a-4) For the 1998-1999 school year, an educator employed
20-25 under a 10-month contract must provide a minimum of 187 days of
20-26 service. This subsection expires September 1, 1999.
20-27 (b) An educator employed under a 10-month contract must
21-1 provide a minimum [number] of 187 days of service [as determined by
21-2 the following formula:]
21-3 [MDS = 185 + (0.33 X (R1 - R2)/(R2/185) )]
21-4 [where:]
21-5 ["MDS" is the minimum number of days of service;]
21-6 ["R1" is equal to FSP/ADA as determined under Section 21.402
21-7 for the fiscal year; and]
21-8 ["R2" is equal to FSP/ADA as determined under Section 21.402
21-9 for the 1996-1997 school year].
21-10 [(b-1) Subsection (b) applies beginning with the 1999-2000
21-11 school year. This subsection expires January 1, 2000.]
21-12 (c) [The result of the formula prescribed by Subsection (b)
21-13 shall be rounded to the nearest whole number.]
21-14 [(d)] The commissioner, as provided by Section 25.081(b),
21-15 may reduce the number of days of service required by this section.
21-16 A reduction by the commissioner does not reduce an educator's
21-17 salary.
21-18 Sec. 21.402. MINIMUM SALARY SCHEDULE FOR CERTAIN
21-19 PROFESSIONAL STAFF [CLASSROOM TEACHERS AND FULL-TIME LIBRARIANS].
21-20 (a) Except as provided by Subsection (d), [or] (e), or (f), a
21-21 school district must pay each classroom teacher, [or] full-time
21-22 librarian, full-time counselor, or full-time school nurse not less
21-23 than the minimum monthly salary, based on the employee's level of
21-24 experience, determined by the following formula:
21-25 MS = SF X FS [(FSP/ADA)]
21-26 where:
21-27 "MS" is the minimum monthly salary;
22-1 "SF" is the applicable salary factor specified by Subsection
22-2 (c); and
22-3 "FS" is the amount, as determined by the commissioner under
22-4 Subsection (b), of state and local funds per weighted student
22-5 available to a district eligible to receive state assistance under
22-6 Section 42.302 with an enrichment and facilities tax rate, as
22-7 defined by Section 42.302, equal to the maximum rate authorized
22-8 under Section 42.303(a) ["FSP" is the amount appropriated in the
22-9 General Appropriations Act for the fiscal year for the Foundation
22-10 School Program, as determined by the commissioner as provided by
22-11 Subsection (b); and]
22-12 ["ADA" is the total estimated average daily attendance, as
22-13 defined by Section 42.005, used for purposes of the General
22-14 Appropriations Act for the fiscal year].
22-15 (b) Not later than June 1 of each year, the commissioner
22-16 shall determine the amount of state and local funds per weighted
22-17 student available, for purposes of Subsection (a), to a district
22-18 described by that subsection for the following school year
22-19 [appropriated for purposes of Chapter 42 for the state fiscal year
22-20 beginning September 1. The commissioner shall exclude from the
22-21 determination:]
22-22 [(1) amounts designated solely for use in connection
22-23 with school facilities or for payment of principal of and interest
22-24 on bonds; and]
22-25 [(2) local funds received under Subchapter D, Chapter
22-26 41].
22-27 (c) The salary factors per step are as follows:
23-1 Years Experience 0 1 2 3 4
23-2 Salary Factor .5615 .5748 .5882 .6014 .6295
23-3 [.8470] [.8699] [.8928] [.9156] [.9639]
23-4 Years Experience 5 6 7 8 9
23-5 Salary Factor .6575 .6856 .7117 .7362 .7596
23-6 [1.0122] [1.0605] [1.1054] [1.1477] [1.1879]
23-7 Years Experience 10 11 12 13 14
23-8 Salary Factor .7815 .8024 .8221 .8406 .8583
23-9 [1.2256] [1.2616] [1.2955] [1.3273] [1.3578]
23-10 Years Experience 15 16 17 18 19
23-11 Salary Factor .8748 .8905 .9053 .9193 .9326
23-12 [1.3862] [1.4133] [1.4387] [1.4628] [1.4857]
23-13 Years Experience 20 and over
23-14 Salary Factor .9451
23-15 [1.5073]
23-16 (c-1) Notwithstanding Subsection (a), for the 1999-2000
23-17 school year, a classroom teacher, full-time librarian, full-time
23-18 counselor, or full-time nurse is entitled to a monthly salary that
23-19 is at least equal to:
23-20 (1) the monthly salary the employee would have
23-21 received for the 1999-2000 school year under the district's salary
23-22 schedule for the 1998-1999 school year, if that schedule had been
23-23 in effect for the 1999-2000 school year, including any local
23-24 supplement and any money representing a career ladder supplement
23-25 the employee would have received in the 1999-2000 school year; and
23-26 (2) $300.
23-27 (c-2) Subsection (c-1) and this subsection expire September
24-1 1, 2000.
24-2 (d) A teacher, librarian, counselor, or nurse employed by a
24-3 school district in the 1999-2000 school year is, as long as the
24-4 employee is employed by the same district, entitled to a monthly
24-5 salary that is at least equal to the sum of:
24-6 (1) the monthly salary the employee received for the
24-7 1999-2000 school year, including any local supplement and any money
24-8 representing a career ladder supplement the employee received in
24-9 that year; and
24-10 (2) the difference, determined using the schedule
24-11 under this section, between the monthly salary for the current
24-12 school year for the salary step at which the employee is placed for
24-13 that year and the monthly salary for the 1999-2000 school year for
24-14 the salary step at which the employee was placed for that year.
24-15 (e) If the minimum monthly salary determined under
24-16 Subsection (a) for a particular level of experience is less than
24-17 the minimum monthly salary for that level of experience in the
24-18 preceding year, the minimum monthly salary is the minimum monthly
24-19 salary for the preceding year.
24-20 (f) [(e)] Notwithstanding Subsection (a), a teacher or
24-21 librarian who received a career ladder supplement on August 31,
24-22 1993, is entitled to at least the same gross monthly salary the
24-23 teacher or librarian received for the 1994-1995 school year as long
24-24 as the teacher or librarian is employed by the same district.
24-25 (g) [(f)] In this section, "gross monthly salary" must
24-26 include the amount a teacher or librarian received that represented
24-27 a career ladder salary supplement under Section 16.057, as that
25-1 section existed January 1, 1993.
25-2 SECTION 1.23. Subsections (a) and (c), Section 21.403,
25-3 Education Code, are amended to read as follows:
25-4 (a) A teacher, [or] librarian, counselor, or nurse shall
25-5 advance one step on the minimum salary schedule under Section
25-6 21.402 for each year of experience as a teacher, [or] librarian,
25-7 counselor, or nurse until step 20 is reached.
25-8 (c) The commissioner shall adopt rules for determining the
25-9 experience for which a teacher, [or] librarian, counselor, or nurse
25-10 is to be given credit in placing the teacher, [or] librarian,
25-11 counselor, or nurse on the minimum salary schedule. A district
25-12 shall credit the teacher, [or] librarian, counselor, or nurse for
25-13 each year of experience without regard to whether the years are
25-14 consecutive.
25-15 SECTION 1.24. Section 25.039(b), Education Code, is amended
25-16 to read as follows:
25-17 (b) The school district in which the students reside shall
25-18 pay tuition to any district with which it has a contract under this
25-19 section for each of its students attending school in that district
25-20 at a grade level for which the district has contracted. The amount
25-21 of the tuition paid may not exceed the lesser of the amount
25-22 provided for by Section 25.038 or an amount specified by
25-23 commissioner rule [if the board of trustees of the district in
25-24 which the students reside finds the excess payment to be in the
25-25 best interest of the district's educational program].
25-26 SECTION 1.25. Subsection (b), Section 30.102, Education
25-27 Code, is amended to read as follows:
26-1 (b) A classroom teacher, [or] full-time librarian, full-time
26-2 counselor, or full-time school nurse employed by the commission is
26-3 entitled to receive as a minimum salary the monthly salary [rate]
26-4 specified by Section 21.402. A classroom teacher, [or] full-time
26-5 librarian, full-time counselor, or full-time nurse may be paid,
26-6 from funds appropriated to the commission, a salary in excess of
26-7 the minimum specified by that section, but the salary may not
26-8 exceed the rate of pay for a similar position in the public schools
26-9 of an adjacent school district.
26-10 SECTION 1.26. Subsections (a) and (c), Section 45.104,
26-11 Education Code, are amended to read as follows:
26-12 (a) The board of trustees of any school district may pledge
26-13 its delinquent taxes levied for maintenance purposes for specific
26-14 past, current, and future school years as security for a loan, and
26-15 may evidence any such loan with negotiable notes, and the
26-16 delinquent taxes pledged shall be applied against the principal and
26-17 interest of the loan [as they are collected]. Negotiable notes
26-18 issued under this subsection must mature in not more than 20 years
26-19 from their date.
26-20 (c) Funds secured through loans secured by delinquent taxes
26-21 may be employed for any legal maintenance expenditure or purpose of
26-22 the school district, including all costs incurred in connection
26-23 with:
26-24 (1) environmental cleanup and asbestos removal
26-25 programs implemented by school districts; or
26-26 (2) maintenance, repair, rehabilitation, or
26-27 replacement of heating, air conditioning, water, sanitation,
27-1 roofing, flooring, electric, or other building systems of existing
27-2 school properties.
27-3 SECTION 1.27. Subsections (a), (b), and (d), Section 45.108,
27-4 Education Code, are amended to read as follows:
27-5 (a) Independent or consolidated school districts may borrow
27-6 money for the purpose of paying maintenance expenses and may
27-7 evidence those loans with negotiable notes, except that the loans
27-8 may not at any time exceed 75 percent of the previous year's
27-9 income. The notes may be payable from and secured by a lien on and
27-10 pledge of any available funds of the district, including proceeds
27-11 of a maintenance tax. The term "maintenance expenses" or
27-12 "maintenance expenditures" as used in this section means any lawful
27-13 expenditure of the school district other than payment of principal
27-14 of and interest on bonds. The term includes all costs incurred in
27-15 connection with environmental cleanup and asbestos cleanup and
27-16 removal programs implemented by school districts or in connection
27-17 with the maintenance, repair, rehabilitation, or replacement of
27-18 heating, air conditioning, water, sanitation, roofing, flooring,
27-19 electric, or other building systems of existing school properties.
27-20 Notes issued pursuant to this section [an environmental cleanup and
27-21 asbestos cleanup and removal program] may be issued to mature in
27-22 not more than 20 [15] years from their date. Notes issued for a
27-23 term longer than one year must be treated as "debt" as defined in
27-24 Section 26.012(7), Tax Code.
27-25 (b) Notes for a term of less than one year may be issued
27-26 under this section only after a budget has been adopted for the
27-27 current school year.
28-1 (d) A note issued under this section for a term of less than
28-2 one year may contain a certification that it is issued pursuant to
28-3 and in compliance with this section and pursuant to a resolution
28-4 adopted by the board of trustees. The certification is sufficient
28-5 evidence that the note is a valid obligation of the district.
28-6 SECTION 1.28. Section 403.302, Government Code, as amended
28-7 by S.B. No. 1368, Acts of the 76th Legislature, Regular Session,
28-8 1999, is amended by amending Subsections (d) and (h) and adding
28-9 Subsection (j) to read as follows:
28-10 (d) For the purposes of this section, "taxable value" means
28-11 the market value of all taxable property less:
28-12 (1) the total dollar amount of any residence homestead
28-13 exemptions lawfully granted under Section 11.13(b) or (c), Tax
28-14 Code, in the year that is the subject of the study for each school
28-15 district;
28-16 (2) one-half of the total dollar amount of any
28-17 residence homestead exemptions granted under Section 11.13(n), Tax
28-18 Code, in the year that is the subject of the study for each school
28-19 district;
28-20 (3) [(2)] the total dollar amount of any exemptions
28-21 granted before May 31, 1993, within a reinvestment zone under
28-22 agreements authorized by Chapter 312, Tax Code;
28-23 (4) [(3)] the total dollar amount of any captured
28-24 appraised value of property that is located in a reinvestment zone
28-25 on August 31, 1999, generates a tax increment paid into a tax
28-26 increment fund, and is eligible for tax increment financing under
28-27 Chapter 311, Tax Code, under a reinvestment zone financing plan
29-1 approved under Section 311.011(d), Tax Code, before September 1,
29-2 1999;
29-3 (5) [(4)] the total dollar amount of any exemptions
29-4 granted under Section 11.251, Tax Code;
29-5 (6) [(5)] the difference between the comptroller's
29-6 estimate of the market value and the productivity value of land
29-7 that qualifies for appraisal on the basis of its productive
29-8 capacity, except that the productivity value estimated by the
29-9 comptroller may not exceed the fair market value of the land;
29-10 (7) [(6)] the portion of the appraised value of
29-11 residence homesteads of the elderly on which school district taxes
29-12 are not imposed in the year that is the subject of the study,
29-13 calculated as if the residence homesteads were appraised at the
29-14 full value required by law;
29-15 (8) [(7)] a portion of the market value of property
29-16 not otherwise fully taxable by the district at market value because
29-17 of action required by statute or the constitution of this state
29-18 that, if the tax rate adopted by the district is applied to it,
29-19 produces an amount equal to the difference between the tax that the
29-20 district would have imposed on the property if the property were
29-21 fully taxable at market value and the tax that the district is
29-22 actually authorized to impose on the property, if this subsection
29-23 does not otherwise require that portion to be deducted;
29-24 (9) [(8)] the market value of all tangible personal
29-25 property, other than manufactured homes, owned by a family or
29-26 individual and not held or used for the production of income;
29-27 (10) [(9)] the appraised value of property the
30-1 collection of delinquent taxes on which is deferred under Section
30-2 33.06, Tax Code;
30-3 (11) [(10)] the portion of the appraised value of
30-4 property the collection of delinquent taxes on which is deferred
30-5 under Section 33.065, Tax Code; and
30-6 (12) [(11)] the amount by which the market value of a
30-7 residence homestead to which Section 23.23, Tax Code, applies
30-8 exceeds the appraised value of that property as calculated under
30-9 that section.
30-10 (h) For purposes of Section [Sections 41.0011 and] 42.2511,
30-11 Education Code, [for the 1996 and 1997 tax years,] the comptroller
30-12 shall certify to the commissioner of education:
30-13 (1) a final value for each school district computed on
30-14 a residence homestead exemption under Section 1-b(c), Article VIII,
30-15 Texas Constitution, of $5,000; and
30-16 (2) a final value for each school district computed
30-17 on:
30-18 (A) a residence homestead exemption under
30-19 Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and
30-20 (B) the effect of the additional limitation on
30-21 tax increases under Section 1-b(d), Article VIII, Texas
30-22 Constitution, as proposed by H.J.R. No. 4, 75th Legislature,
30-23 Regular Session, 1997.
30-24 (j) For purposes of Section 42.2522, Education Code, the
30-25 comptroller shall certify to the commissioner of education:
30-26 (1) a final value for each school district computed
30-27 without any deduction for residence homestead exemptions granted
31-1 under Section 11.13(n), Tax Code; and
31-2 (2) a final value for each school district computed
31-3 after deducting one-half the total dollar amount of residence
31-4 homestead exemptions granted under Section 11.13(n), Tax Code.
31-5 SECTION 1.29. Subdivision (8), Section 271.003, Local
31-6 Government Code, is amended to read as follows:
31-7 (8) "Personal property" includes appliances,
31-8 equipment, facilities, and furnishings, or an interest in personal
31-9 property, whether movable or fixed, considered by the governing
31-10 body of the governmental agency to be necessary, useful, or
31-11 appropriate to one or more purposes of the governmental agency.
31-12 The term includes all materials and labor incident to the
31-13 installation of that personal property. The term does not include
31-14 real property.
31-15 SECTION 1.30. Section 271.005, Local Government Code, is
31-16 amended by adding Subsection (b) to read as follows:
31-17 (b) The governing body of a governmental agency may contract
31-18 under this section for materials and labor incident to the
31-19 installation of personal property.
31-20 SECTION 1.31. Subsection (b), Section 271.007, Local
31-21 Government Code, is amended to read as follows:
31-22 (b) After the contract has been approved and registered as
31-23 provided by this section, the contract is valid and is
31-24 incontestable for any cause. The legal obligation of the lessor,
31-25 vendor, or supplier of personal property or of the person
31-26 installing personal property to the governmental agency is not
31-27 diminished in any respect by the approval and registration of the
32-1 contract.
32-2 SECTION 1.32. Section 26.08, Tax Code, is amended by
32-3 amending Subsection (i) and adding Subsections (j)-(n) to read as
32-4 follows:
32-5 (i) For purposes of this section, the rollback tax rate of a
32-6 school district is the sum of:
32-7 (1) the tax rate that, applied to the current total
32-8 value for the district, would impose taxes in an amount that, when
32-9 added to state funds that would be distributed to the district
32-10 under Chapter 42, Education Code, for the school year beginning in
32-11 the current tax year using that tax rate, would provide the same
32-12 amount of state funds distributed under Chapter 42 and maintenance
32-13 and operations taxes of the district per student in weighted
32-14 average daily attendance for that school year that would have been
32-15 [was] available to the district in the preceding year if the
32-16 funding elements for Chapters 41 and 42, Education Code, for the
32-17 current year had been in effect for the preceding year;
32-18 (2) the rate of $0.08 per $100 of taxable value; and
32-19 (3) the district's current debt rate.
32-20 (j) For purposes of Subsection (i), the amount of state
32-21 funds that would have been available to a school district in the
32-22 preceding year is computed using the maximum tax rate for the
32-23 current year under Section 42.253(e), Education Code.
32-24 (k) Except as provided by Subsection (l), for purposes of
32-25 this section, for the 1999 tax year, the rollback tax rate of a
32-26 school district is the sum of:
32-27 (1) the tax rate that, applied to the current total
33-1 value for the district, would impose maintenance and operations
33-2 taxes in an amount that, when added to the amount of state funds
33-3 that would be distributed to the district under Chapter 42,
33-4 Education Code, for the 1999-2000 school year using that tax rate
33-5 and a guaranteed level of state and local funds per weighted
33-6 student per cent of tax effort under Section 42.302, Education
33-7 Code, of $23.10, would provide the same amount of state funds
33-8 distributed under Chapter 42 and maintenance and operations taxes
33-9 of the district per student in weighted average daily attendance
33-10 for the 1999-2000 school year that would have been available to the
33-11 district in the 1999-2000 school year, using:
33-12 (A) the maximum tax rate for the 1999-2000
33-13 school year under Section 42.253(e), Education Code, for which
33-14 state funding would be provided; and
33-15 (B) the funding elements for Chapters 41 and 42,
33-16 Education Code, for the 1998-1999 school year;
33-17 (2) the rate of $0.08 per $100 of taxable value; and
33-18 (3) the district's current debt rate.
33-19 (l) For purposes of this section, for the 1999 tax year, the
33-20 rollback tax rate of a school district that is required to take
33-21 action under Chapter 41, Education Code, to reduce its wealth per
33-22 student to the equalized wealth level is the sum of:
33-23 (1) the tax rate that, applied to the current total
33-24 value for the district, would impose an amount of maintenance and
33-25 operations taxes per student in weighted average daily attendance
33-26 for the 1999-2000 school year equal to the sum of:
33-27 (A) the maintenance and operations taxes per
34-1 student in weighted average daily attendance that were available to
34-2 the district in the 1998-1999 school year; and
34-3 (B) one-half the amount of additional
34-4 maintenance and operations taxes per student in weighted average
34-5 daily attendance available to the district due to the increase in
34-6 the equalized wealth level under Section 41.002(a), Education Code,
34-7 and the increase in the wealth per student that a district may have
34-8 under Sections 41.002(e) and (g), Education Code, computed using
34-9 the district's tax rate for the 1998-1999 school year for purposes
34-10 of Chapter 41, Education Code;
34-11 (2) the rate of $0.08 per $100 of taxable value; and
34-12 (3) the district's current debt rate.
34-13 (m) For purposes of Subsections (j) and (k), the amount of
34-14 maintenance and operations taxes and state funds available to a
34-15 school district does not include amounts provided to the district
34-16 in accordance with Section 41.100, 42.159(a), or 42.2512, Education
34-17 Code.
34-18 (n) Subsections (j)-(m) and this subsection expire September
34-19 1, 2000.
34-20 SECTION 1.33. In placing a counselor or school nurse on the
34-21 minimum salary schedule in accordance with Sections 21.402 and
34-22 21.403, Education Code, as amended by this Act, a school district
34-23 shall credit the counselor or nurse for each year of experience in
34-24 accordance with rules adopted by the commissioner of education,
34-25 regardless of whether the experience was gained before, during, or
34-26 after the 1999-2000 school year.
34-27 SECTION 1.34. (a) The Charles A. Dana Center at The
35-1 University of Texas at Austin shall conduct a study of variations
35-2 in known resource costs and costs of education beyond the control
35-3 of a school district.
35-4 (b) Not later than November 1, 2000, the center shall make
35-5 recommendations to the 77th Legislature as to methods of adjusting
35-6 funding under Chapter 42, Education Code, to reflect variations in
35-7 resource costs and costs of education. At least one recommended
35-8 method of adjustment must be a method that would require a smaller
35-9 appropriation for the state fiscal biennium beginning September 1,
35-10 2001, than the appropriation that would be required for that
35-11 biennium by the cost of education adjustment under Section 42.102,
35-12 Education Code, as that section existed on May 31, 1999.
35-13 (c) The Texas Education Agency and Texas A&M University
35-14 shall assist the center in conducting the study and making the
35-15 recommendations.
35-16 ARTICLE 2. PROGRAM IMPROVEMENTS AND SOCIAL PROMOTION
35-17 SECTION 2.01. Subchapter E, Chapter 29, Education Code, is
35-18 amended by adding Sections 29.155 and 29.156 to read as follows:
35-19 Sec. 29.155. KINDERGARTEN AND PREKINDERGARTEN GRANTS.
35-20 (a) From amounts appropriated for the purposes of this section,
35-21 the commissioner may make grants to school districts to implement
35-22 or expand kindergarten and prekindergarten programs by:
35-23 (1) operating an existing half-day kindergarten or
35-24 prekindergarten program on a full-day basis; or
35-25 (2) implementing a prekindergarten program at a campus
35-26 that does not have a prekindergarten program.
35-27 (b) A school district may use funds received under this
36-1 section to employ teachers and other personnel for a kindergarten
36-2 or prekindergarten program and acquire curriculum materials or
36-3 equipment, including computers, for use in kindergarten and
36-4 prekindergarten programs.
36-5 (c) To be eligible for a grant under this section, a school
36-6 district must apply to the commissioner in the manner and within
36-7 the time prescribed by the commissioner.
36-8 (d) In awarding grants under this section, the commissioner
36-9 shall give priority to districts in which the level of performance
36-10 of students on the assessment instruments administered under
36-11 Section 39.023 to students in grade three is substantially below
36-12 the average level of performance on those assessment instruments
36-13 for all school districts in the state.
36-14 (e) The commissioner may adopt rules to administer this
36-15 section.
36-16 (f) Notwithstanding Section 7.056(e)(3)(I), the commissioner
36-17 may waive a requirement prescribed by this subchapter to the extent
36-18 necessary to implement a grant awarded under this section or
36-19 Section 29.156.
36-20 Sec. 29.156. GRANTS FOR EDUCATIONAL COMPONENT OF HEAD START.
36-21 (a) From funds appropriated for the purpose, the commissioner
36-22 shall make grants for use in providing an educational component to
36-23 federal Head Start programs or similar government-funded early
36-24 childhood care and education programs.
36-25 (b) The commissioner shall adopt rules for implementation of
36-26 this section, including rules prescribing eligibility criteria for
36-27 receipt of a grant and for expenditure of grant funds.
37-1 SECTION 2.02. Subchapter C, Chapter 29, Education Code, is
37-2 amended by adding Section 29.086 to read as follows:
37-3 Sec. 29.086. BASIC SKILLS PROGRAMS FOR HIGH SCHOOL STUDENTS.
37-4 (a) A school district may apply to the commissioner for funding of
37-5 special programs for students in grade 9 who have not earned
37-6 sufficient credit to advance to grade 10 and who fail to meet
37-7 minimum skills levels established by the commissioner. A school
37-8 district may, with the consent of a student's parent or guardian,
37-9 assign a student to a program under this section. A program under
37-10 this section may not exceed 210 instructional days.
37-11 (b) A program under this section must emphasize basic skills
37-12 in areas of the required curriculum under Section 28.002 and must
37-13 offer students the opportunity to increase credits required for
37-14 high school graduation under state or school district policy. A
37-15 program under this section may be provided by a school district or
37-16 an entity contracting with a school district to provide the
37-17 program.
37-18 (c) The commissioner shall award funds to districts in
37-19 accordance with a competitive grant process developed by the
37-20 commissioner. A grant may be made to a consortium of school
37-21 districts. The criteria by which the commissioner awards a grant
37-22 must include the quality of the proposed program and the school
37-23 district's demonstrated need for the program. An approved program
37-24 must include criteria that permit measurement of student progress,
37-25 and the district shall:
37-26 (1) annually evaluate the progress of students in the
37-27 program; and
38-1 (2) submit the results of the evaluation to the
38-2 commissioner at the end of the school year.
38-3 (d) The commissioner shall establish minimum levels of
38-4 student enrollment and standards of student progress required for
38-5 continued funding of a program under this section. The
38-6 commissioner may eliminate funding for a program in a subsequent
38-7 school year if the program fails to achieve sufficient levels of
38-8 student progress.
38-9 (e) The amount of a grant under this section must take into
38-10 account funds distributed to the school district under Chapter 42.
38-11 (f) The commissioner may adopt rules for the administration
38-12 of programs under this section.
38-13 SECTION 2.03. Subsection (b), Section 12.104, Education
38-14 Code, is amended to read as follows:
38-15 (b) An open-enrollment charter school is subject to:
38-16 (1) a provision of this title establishing a criminal
38-17 offense; and
38-18 (2) a prohibition, restriction, or requirement, as
38-19 applicable, imposed by this title or a rule adopted under this
38-20 title, relating to:
38-21 (A) the Public Education Information Management
38-22 System (PEIMS) to the extent necessary to monitor compliance with
38-23 this subchapter as determined by the commissioner;
38-24 (B) criminal history records under Subchapter C,
38-25 Chapter 22;
38-26 (C) reading instruments and accelerated reading
38-27 instruction programs under Section 28.006;
39-1 (D) satisfactory performance on assessment
39-2 instruments and to accelerated instruction under Section 28.0211;
39-3 (E) high school graduation under Section 28.025;
39-4 (F) [(D)] special education programs under
39-5 Subchapter A, Chapter 29;
39-6 (G) [(E)] bilingual education under Subchapter
39-7 B, Chapter 29;
39-8 (H) [(F)] prekindergarten programs under
39-9 Subchapter E, Chapter 29;
39-10 (I) [(G)] extracurricular activities under
39-11 Section 33.081;
39-12 (J) [(H)] health and safety under Chapter 38;
39-13 and
39-14 (K) [(I)] public school accountability under
39-15 Subchapters B, C, D, and G, Chapter 39.
39-16 SECTION 2.04. Subsection (d), Section 25.085, Education
39-17 Code, is amended to read as follows:
39-18 (d) Unless specifically exempted by Section 25.086, a
39-19 student enrolled in a school district must attend:
39-20 (1) an extended-year program for which the student is
39-21 eligible that is provided by the district for students identified
39-22 as likely not to be promoted to the next grade level or tutorial
39-23 classes required by the district under Section 29.084;
39-24 (2) an accelerated reading instruction program to
39-25 which the student is assigned under Section 28.006(g);
39-26 (3) an accelerated instruction program to which the
39-27 student is assigned under Section 28.0211; or
40-1 (4) a basic skills program to which the student is
40-2 assigned under Section 29.086.
40-3 SECTION 2.05. Section 28.006, Education Code, is amended by
40-4 amending Subsection (d) and adding Subsections (g)-(m) to read as
40-5 follows:
40-6 (d) The superintendent of each school district shall:
40-7 (1) report to the commissioner and the board of
40-8 trustees of the district the results of the reading instruments;
40-9 and
40-10 (2) report, in writing, to a student's parent or
40-11 guardian the student's results on the reading instrument.
40-12 (g) A school district shall notify the parent or guardian of
40-13 each student in kindergarten or first or second grade who is
40-14 determined, on the basis of reading instrument results, to be below
40-15 grade level in reading development or comprehension. The district
40-16 shall implement an accelerated reading instruction program that
40-17 provides reading instruction to those students and shall determine
40-18 the form, content, and timing of that program. The admission,
40-19 review, and dismissal committee of a student who participates in a
40-20 district's special education program under Subchapter B, Chapter
40-21 29, and who does not perform satisfactorily on a reading instrument
40-22 under this section shall determine the manner in which the student
40-23 will participate in an accelerated reading instruction program
40-24 under this subsection.
40-25 (h) The school district shall make a good faith effort to
40-26 ensure that the notice required under this section is provided
40-27 either in person or by regular mail and that the notice is clear
41-1 and easy to understand and is written in English and in the parent
41-2 or guardian's native language.
41-3 (i) The commissioner shall certify, not later than July 1 of
41-4 each school year or as soon as practicable thereafter, whether
41-5 sufficient funds have been appropriated statewide for the purposes
41-6 of this section. A determination by the commissioner is final and
41-7 may not be appealed. For purposes of certification, the
41-8 commissioner may not consider Foundation School Program funds.
41-9 (j) No more than 15 percent of the funds certified by the
41-10 commissioner under Subsection (i) may be spent on indirect costs.
41-11 The commissioner shall evaluate the programs that fail to meet the
41-12 standard of performance under Section 39.051(b)(7) and may
41-13 implement sanctions under Subchapter G, Chapter 39. The
41-14 commissioner may audit the expenditures of funds appropriated for
41-15 purposes of this section. The use of the funds appropriated for
41-16 purposes of this section shall be verified as part of the district
41-17 audit under Section 44.008.
41-18 (k) The provisions of this section relating to parental
41-19 notification of a student's results on the reading instrument and
41-20 to implementation of an accelerated reading instruction program may
41-21 be implemented only if the commissioner certifies that funds have
41-22 been appropriated during a school year for administering the
41-23 accelerated reading instruction program specified under this
41-24 section.
41-25 (l) Each district shall provide the accelerated reading
41-26 instruction under Subsection (g) to students in:
41-27 (1) kindergarten during the 1999-2000 school year;
42-1 (2) kindergarten and first grade during the 2000-2001
42-2 school year; and
42-3 (3) kindergarten and first and second grades beginning
42-4 with the 2001-2002 school year.
42-5 (m) Subsection (l) and this subsection expire January 1,
42-6 2002.
42-7 SECTION 2.06. Subchapter B, Chapter 28, Education Code, is
42-8 amended by adding Section 28.0211 to read as follows:
42-9 Sec. 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT
42-10 INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. (a) Except as
42-11 provided by Subsection (e), a student may not be promoted to:
42-12 (1) the fourth grade program to which the student
42-13 would otherwise be assigned if the student does not perform
42-14 satisfactorily on the third grade reading assessment instrument
42-15 under Section 39.023;
42-16 (2) the sixth grade program to which the student would
42-17 otherwise be assigned if the student does not perform
42-18 satisfactorily on the fifth grade mathematics and reading
42-19 assessment instruments under Section 39.023; or
42-20 (3) the ninth grade program to which the student would
42-21 otherwise be assigned if the student does not perform
42-22 satisfactorily on the eighth grade mathematics and reading
42-23 assessment instruments under Section 39.023.
42-24 (b) A school district shall provide to a student who
42-25 initially fails to perform satisfactorily on an assessment
42-26 instrument specified under Subsection (a) at least two additional
42-27 opportunities to take the assessment instrument.
43-1 (c) Each time a student fails to perform satisfactorily on
43-2 an assessment instrument specified under Subsection (a), the school
43-3 district in which the student attends school shall provide to the
43-4 student accelerated instruction in the applicable subject area,
43-5 including reading instruction for a student who fails to perform
43-6 satisfactorily on a reading assessment instrument. After a student
43-7 fails to perform satisfactorily on an assessment instrument a
43-8 second time, a grade placement committee shall be established to
43-9 prescribe the accelerated instruction the district shall provide to
43-10 the student before the student is administered the assessment
43-11 instrument the third time. The grade placement committee shall be
43-12 composed of the principal or the principal's designee, the
43-13 student's parent or guardian, and the teacher of the subject of an
43-14 assessment instrument on which the student failed to perform
43-15 satisfactorily. The district shall notify the parent or guardian
43-16 of the time and place for convening the grade placement committee
43-17 and the purpose of the committee. An accelerated instruction group
43-18 may not have a ratio of more than 10 students for each teacher.
43-19 (d) In addition to providing accelerated instruction to a
43-20 student under Subsection (c), the district shall notify the
43-21 student's parent or guardian of:
43-22 (1) the student's failure to perform satisfactorily on
43-23 the assessment instrument;
43-24 (2) the accelerated instruction program to which the
43-25 student is assigned; and
43-26 (3) the possibility that the student might be retained
43-27 at the same grade level for the next school year.
44-1 (e) A student who, after at least three attempts, fails to
44-2 perform satisfactorily on an assessment instrument specified under
44-3 Subsection (a) shall be retained at the same grade level for the
44-4 next school year in accordance with Subsection (a). The student's
44-5 parent or guardian may appeal the student's retention by submitting
44-6 a request to the grade placement committee established under
44-7 Subsection (c). The school district shall give the parent or
44-8 guardian written notice of the opportunity to appeal. The grade
44-9 placement committee may decide in favor of a student's promotion
44-10 only if the committee concludes, using standards adopted by the
44-11 board of trustees, that if promoted and given accelerated
44-12 instruction, the student is likely to perform at grade level. A
44-13 student may not be promoted on the basis of the grade placement
44-14 committee's decision unless that decision is unanimous. The
44-15 commissioner by rule shall establish a timeline for making the
44-16 placement determination. This subsection does not create a
44-17 property interest in promotion. The decision of the grade
44-18 placement committee is final and may not be appealed.
44-19 (f) A school district shall provide to a student who, after
44-20 three attempts, has failed to perform satisfactorily on an
44-21 assessment instrument specified under Subsection (a) accelerated
44-22 instruction during the next school year as prescribed by an
44-23 educational plan developed for the student by the student's grade
44-24 placement committee established under Subsection (c). The district
44-25 shall provide that accelerated instruction regardless of whether
44-26 the student has been promoted or retained. The educational plan
44-27 must be designed to enable the student to perform at the
45-1 appropriate grade level by the conclusion of the school year.
45-2 During the school year, the student shall be monitored to ensure
45-3 that the student is progressing in accordance with the plan. The
45-4 district shall administer to the student the assessment instrument
45-5 for the grade level in which the student is placed at the time the
45-6 district regularly administers the assessment instruments for that
45-7 school year.
45-8 (g) This section does not preclude the retention at a grade
45-9 level, in accordance with state law or school district policy, of a
45-10 student who performs satisfactorily on an assessment instrument
45-11 specified under Subsection (a).
45-12 (h) In each instance under this section in which a school
45-13 district is specifically required to provide notice to a parent or
45-14 guardian of a student, the district shall make a good faith effort
45-15 to ensure that such notice is provided either in person or by
45-16 regular mail and that the notice is clear and easy to understand
45-17 and is written in English or the parent or guardian's native
45-18 language.
45-19 (i) The admission, review, and dismissal committee of a
45-20 student who participates in a district's special education program
45-21 under Subchapter B, Chapter 29, and who does not perform
45-22 satisfactorily on an assessment instrument specified under
45-23 Subsection (a) and administered under Section 39.023(a) or (b)
45-24 shall determine:
45-25 (1) the manner in which the student will participate
45-26 in an accelerated instruction program under this section; and
45-27 (2) whether the student will be promoted or retained
46-1 under this section.
46-2 (j) A school district or open-enrollment charter school
46-3 shall provide transportation for students required to attend
46-4 accelerated programs under this chapter.
46-5 (k) The commissioner shall adopt rules as necessary to
46-6 implement this section, including rules concerning when school
46-7 districts shall administer assessment instruments required under
46-8 this section and which administration of the assessment instruments
46-9 will be used for purposes of Section 39.051.
46-10 (l) The commissioner shall issue a report to the legislature
46-11 not later than December 1, 2000, that reviews the enrollment of
46-12 students in accelerated instruction and the quality and
46-13 availability of accelerated instruction programs, including
46-14 accelerated instruction-related teacher professional development
46-15 programs.
46-16 (m) The commissioner shall certify, not later than July 1 of
46-17 each school year or as soon as practicable thereafter, whether
46-18 sufficient funds have been appropriated statewide for the purposes
46-19 of this section. A determination by the commissioner is final and
46-20 may not be appealed. For purposes of certification, the
46-21 commissioner may not consider Foundation School Program funds.
46-22 This section may be implemented only if the commissioner certifies
46-23 that sufficient funds have been appropriated during a school year
46-24 for administering the accelerated instruction programs specified
46-25 under this section.
46-26 (n) This section applies to the assessment instrument
46-27 administered to students in:
47-1 (1) the third grade beginning with the 2002-2003
47-2 school year;
47-3 (2) the fifth grade beginning with the 2004-2005
47-4 school year; and
47-5 (3) the eighth grade beginning with the 2007-2008
47-6 school year.
47-7 (o) Subsection (n) and this subsection expire January 1,
47-8 2008.
47-9 SECTION 2.07. Subchapter B, Chapter 39, Education Code, is
47-10 amended by adding Section 39.0231 to read as follows:
47-11 Sec. 39.0231. REPORTING OF RESULTS OF CERTAIN ASSESSMENTS.
47-12 The agency shall ensure that each assessment instrument
47-13 administered in accordance with Section 28.0211 is scored and that
47-14 the results are returned to the appropriate school district not
47-15 later than 10 days after receipt of the test materials by the
47-16 agency or its test contractor.
47-17 SECTION 2.08. Subsection (b), Section 39.024, Education
47-18 Code, is amended to read as follows:
47-19 (b) Each school district shall offer an intensive program of
47-20 instruction for students who did not perform satisfactorily on an
47-21 assessment instrument administered under this subchapter. The
47-22 intensive programs for students who did not perform satisfactorily
47-23 on an assessment instrument under Section 39.023(a) or (c) shall be
47-24 designed to enable the students to be performing at grade level at
47-25 the conclusion of the next regular school term and, if applicable,
47-26 to carry out the purposes of Section 28.0211. The intensive
47-27 programs for students who did not perform satisfactorily on an
48-1 assessment instrument under Section 39.023(b) shall be designed by
48-2 each student's admission, review, and dismissal committee to enable
48-3 the student to attain a standard of annual growth on the basis of
48-4 the student's individualized education program and, if applicable,
48-5 to carry out the purposes of Section 28.0211.
48-6 SECTION 2.09. Subsections (b) and (d), Section 39.051,
48-7 Education Code, are amended to read as follows:
48-8 (b) Performance on the indicators adopted under this section
48-9 shall be compared to state-established standards. The degree of
48-10 change from one school year to the next in performance on each
48-11 indicator adopted under this section shall also be considered. The
48-12 indicators must be based on information that is disaggregated with
48-13 respect to race, ethnicity, sex, and socioeconomic status and must
48-14 include:
48-15 (1) the results of assessment instruments required
48-16 under Sections 39.023(a) and (c), aggregated by grade level and
48-17 subject area;
48-18 (2) dropout rates;
48-19 (3) student attendance rates;
48-20 (4) the percentage of graduating students who attain
48-21 scores on the secondary exit-level assessment instruments required
48-22 under Subchapter B that are equivalent to a passing score on the
48-23 test instrument required under Section 51.306;
48-24 (5) the percentage of graduating students who meet the
48-25 course requirements established for the recommended high school
48-26 program by State Board of Education rule;
48-27 (6) the results of the Scholastic Assessment Test
49-1 (SAT) and the American College Test;
49-2 (7) the number of students, aggregated by grade level,
49-3 provided accelerated instruction under Section 28.0211(c), the
49-4 results of assessments administered under that section, the number
49-5 of students promoted through the grade placement committee process
49-6 under Section 28.0211, the subject of the assessment instrument on
49-7 which each student failed to perform satisfactorily, and the
49-8 performance of those students in the school year following that
49-9 promotion on the assessment instruments required under Section
49-10 39.023;
49-11 (8) the percentage of students taking end-of-course
49-12 assessment instruments adopted under Section 39.023(d);
49-13 (9) [(8)] the percentage of students exempted, by
49-14 exemption category, from the assessment program generally
49-15 applicable under this subchapter; and
49-16 (10) [(9)] any other indicator the State Board of
49-17 Education adopts.
49-18 (d) Annually, the commissioner shall define exemplary,
49-19 recognized, and unacceptable performance for each academic
49-20 excellence indicator included under Subsections (b)(1) through (6)
49-21 and shall project the standards for each of those levels of
49-22 performance for succeeding years. For the indicator under
49-23 Subsection (b)(7), the commissioner shall define exemplary,
49-24 recognized, and unacceptable performance based upon student
49-25 performance for the period covering both the current and prior
49-26 academic years.
49-27 SECTION 2.10. Subsection (b), Section 39.052, Education
50-1 Code, is amended to read as follows:
50-2 (b) The report card shall include the following information
50-3 where applicable:
50-4 (1) the academic excellence indicators adopted under
50-5 Sections 39.051(b)(1) through (9) [(8)];
50-6 (2) student/teacher ratios; and
50-7 (3) administrative and instructional costs per
50-8 student.
50-9 SECTION 2.11. Subsections (b) and (c), Section 39.072,
50-10 Education Code, are amended to read as follows:
50-11 (b) The academic excellence indicators adopted under
50-12 Sections 39.051(b)(1) through (7) [(6)] shall be the main
50-13 consideration of the agency in the rating of the district under
50-14 this section. Additional criteria in the rules may include
50-15 consideration of:
50-16 (1) compliance with statutory requirements and
50-17 requirements imposed by rule of the State Board of Education under
50-18 specific statutory authority that relate to:
50-19 (A) reporting data through the Public Education
50-20 Information Management System (PEIMS);
50-21 (B) the high school graduation requirements
50-22 under Section 28.025; or
50-23 (C) an item listed in Sections
50-24 7.056(e)(3)(C)-(I) that applies to the district; and
50-25 (2) the effectiveness of the district's programs in
50-26 special education based on the agency's most recent compliance
50-27 review of the district and programs for special populations.
51-1 (c) The agency shall evaluate against state standards and
51-2 shall report the performance of each campus in a district and each
51-3 open-enrollment charter school on the basis of the campus's
51-4 performance on the indicators adopted under Sections 39.051(b)(1)
51-5 through (7) [(6)].
51-6 SECTION 2.12. Subsection (a), Section 39.073, Education
51-7 Code, is amended to read as follows:
51-8 (a) The agency shall annually review the performance of each
51-9 district and campus on the indicators adopted under Sections
51-10 39.051(b)(1) through (7) [(6)] and determine if a change in the
51-11 accreditation status of the district is warranted.
51-12 SECTION 2.13. Subsection (e), Section 39.074, Education
51-13 Code, is amended to read as follows:
51-14 (e) If an annual review indicates low performance on one or
51-15 more of the indicators under Sections 39.051(b)(1) through (7)
51-16 [(6)] of one or more campuses in a district, the agency may conduct
51-17 an on-site evaluation of those campuses only.
51-18 SECTION 2.14. Section 39.183, Education Code, is amended to
51-19 read as follows:
51-20 Sec. 39.183. REGIONAL AND DISTRICT LEVEL REPORT. The agency
51-21 shall prepare and deliver to the governor, the lieutenant governor,
51-22 the speaker of the house of representatives, each member of the
51-23 legislature, the Legislative Budget Board, and the clerks of the
51-24 standing committees of the senate and house of representatives with
51-25 primary jurisdiction over the public school system a regional and
51-26 district level report covering the preceding two school years and
51-27 containing:
52-1 (1) a summary of school district compliance with the
52-2 student/teacher ratios and class-size limitations prescribed by
52-3 Sections 25.111 and 25.112, including the number of districts
52-4 granted an exception from Section 25.112;
52-5 (2) a summary of the exemptions and waivers granted to
52-6 school districts under Section 7.056 or 39.112 and a review of the
52-7 effectiveness of each campus or district following deregulation;
52-8 [and]
52-9 (3) an evaluation of the performance of the system of
52-10 regional education service centers based on the indicators adopted
52-11 under Section 8.101 and client satisfaction with services provided
52-12 under Subchapter B, Chapter 8; and
52-13 (4) an evaluation of accelerated instruction programs
52-14 offered under Section 28.006, including an assessment of the
52-15 quality of such programs and the performance of students enrolled
52-16 in such programs.
52-17 ARTICLE 3. REPEALER; EFFECTIVE DATE; EMERGENCY
52-18 SECTION 3.01. (a) Subsection (b), Section 8.121, Subsection
52-19 (c), Section 41.002, Subsection (c), Section 42.251, and Subsection
52-20 (e), Section 42.252, Education Code, are repealed.
52-21 (b) Effective September 1, 2001, Section 42.102, Education
52-22 Code, is repealed.
52-23 (c) Subsection (i), Section 403.302, Government Code, is
52-24 repealed.
52-25 (d) Subsection (f), Section 26.08, Tax Code, is repealed.
52-26 SECTION 3.02. Except as otherwise provided by this Act, this
52-27 Act takes effect September 1, 1999.
53-1 SECTION 3.03. The importance of this legislation and the
53-2 crowded condition of the calendars in both houses create an
53-3 emergency and an imperative public necessity that the
53-4 constitutional rule requiring bills to be read on three several
53-5 days in each house be suspended, and this rule is hereby suspended.