By:  Bivins                                              S.B. No. 4
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to public school finance and to public education.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 41.002, Education Code, is amended to
 1-4     read as follows:
 1-5           Sec. 41.002.  EQUALIZED WEALTH LEVEL.  (a)  A school district
 1-6     may not have a wealth per student that exceeds $300,000 [$280,000].
 1-7           (b)  For [Except as provided by Subsection (c), for] purposes
 1-8     of this chapter, the commissioner shall adjust, in accordance with
 1-9     Section 42.2521 [by the amount of the decline], the taxable values
1-10     of a school district that, due to factors beyond the control of the
1-11     board of trustees, experiences a rapid decline [from the preceding
1-12     year] in the tax base used in calculating taxable values in excess
1-13     of four percent of the tax base used in the preceding year [that is
1-14     beyond the control of the board of trustees of the district].
1-15           (c)  [The amount of money necessary to replace funds made
1-16     unavailable to the Foundation School Program by operation of
1-17     Subsection (b) may be paid only from funds specifically
1-18     appropriated for that purpose.  If a sufficient amount of money is
1-19     not appropriated to fully replace funds made unavailable to the
1-20     Foundation School Program by operation of Subsection (b), the
1-21     adjustment to the taxable values of property in each district to
1-22     which Subsection (b) applies shall be modified proportionately to
 2-1     the extent necessary so that the amount of funds made unavailable
 2-2     is equal to the amount appropriated to replace those funds.]
 2-3           [(e)]  Notwithstanding Subsection (a), [for the 1997-1998,
 2-4     1998-1999, and 1999-2000 school years,] in accordance with a
 2-5     determination of the commissioner, the wealth per student that a
 2-6     school district may have after exercising an option under Section
 2-7     41.003(2) or (3) may not be less than the amount needed to maintain
 2-8     state and local revenue in an amount equal to state and local
 2-9     revenue per weighted student for maintenance and operation of the
2-10     district for the 1992-1993 school year, as adjusted in accordance
2-11     with Subsection (d), less the district's current year distribution
2-12     per weighted student from the available school fund, other than
2-13     amounts distributed under Chapter 31, if the district imposes an
2-14     effective tax rate for maintenance and operation of the district
2-15     equal to the greater of the district's current tax rate or $1.50 on
2-16     the $100 valuation of taxable property.
2-17           (d)  For purposes of Subsection (c):
2-18                 (1)  the commissioner shall adjust the amount of a
2-19     school district's state and local revenue per weighted student for
2-20     maintenance and operation of the district for the 1992-1993 school
2-21     year by multiplying that amount by the quotient of the equalized
2-22     wealth level divided by 280,000; and
2-23                 (2)  [This subsection expires September 1, 2000.]
2-24           [(f)  For purposes of Subsection (e),] a school district's
2-25     effective tax rate is determined by dividing the total amount of
2-26     taxes collected by the district for the applicable school year less
 3-1     any amounts paid into a tax increment fund under Chapter 311, Tax
 3-2     Code, by the quotient of the district's taxable value of property,
 3-3     as determined under Subchapter M, Chapter 403, Government Code,
 3-4     divided by 100.  [This subsection expires September 1, 2000.]
 3-5           SECTION 2.  Subchapter E, Chapter 42, Education Code, is
 3-6     amended by adding Section 42.2521 to read as follows:
 3-7           Sec. 42.2521.  ADJUSTMENT FOR RAPID DECLINE IN TAXABLE VALUE
 3-8     OF PROPERTY.  (a)  For purposes of Chapter 41 and this chapter, the
 3-9     commissioner may adjust the taxable value of property in a school
3-10     district that, due to factors beyond the control of the board of
3-11     trustees, experiences a rapid decline in the tax base used in
3-12     calculating taxable values in excess of four percent of the tax
3-13     base used in the preceding year.
3-14           (b)  The commissioner, to the extent money specifically
3-15     authorized to be used for that purpose is available, may adjust the
3-16     district's taxable values for such losses in value exceeding four
3-17     percent to reflect the local current year taxable value.  To the
3-18     extent that a sufficient amount of money is not available to fund
3-19     all adjustments under this section, the commissioner shall reduce
3-20     adjustments in the manner provided by Section 42.253(h) so that the
3-21     total amount of adjustments equals the amount of money available to
3-22     fund the adjustments.
3-23           (c)  A decision of the commissioner under this section is
3-24     final.
3-25           SECTION 3.  Section 42.253, Education Code, is amended by
3-26     adding Subsection (e-1) to read as follows:
 4-1           (e-1)  Notwithstanding Subsection (e), for the 1999-2000 and
 4-2     2000-2001 school years, the amount to which a district is entitled
 4-3     under this section may not exceed the amount to which the district
 4-4     would be entitled at the tax rate that, applied to the taxable
 4-5     value of property in the district as determined under Subchapter M,
 4-6     Chapter 403, Government Code, divided by 100, or, if applicable,
 4-7     under Section 42.2521, would impose taxes in an amount that, when
 4-8     added to the amount of state funds that would be distributed to the
 4-9     district under this chapter for the 1999-2000 or 2000-2001 school
4-10     year using that tax rate, would provide the same amount of state
4-11     funds distributed under Chapter 42 and maintenance and operations
4-12     taxes of the district per student in weighted average daily
4-13     attendance for the 1999-2000 or 2000-2001 school year that was
4-14     available to the district in the 1998-1999 school year.  This
4-15     subsection expires September 1, 2001.
4-16           SECTION 4.  Section 42.302(a), Education Code, is amended to
4-17     read as follows:
4-18           (a)  Each school district is guaranteed a specified amount
4-19     per weighted student in state and local funds for each cent of tax
4-20     effort over that required for the district's local fund assignment
4-21     up to the maximum level specified in this subchapter.  The amount
4-22     of state support, subject only to the maximum amount under Section
4-23     42.303, is determined by the formula:
4-24                     GYA = (GL X WADA X DTR X 100) - LR
4-25     where:
4-26           "GYA" is the guaranteed yield amount of state funds to be
 5-1     allocated to the district;
 5-2           "GL" is the dollar amount guaranteed level of state and local
 5-3     funds per weighted student per cent of tax effort, which is $23.80
 5-4     [$21] or a greater amount for any year provided by appropriation;
 5-5           "WADA" is the number of students in weighted average daily
 5-6     attendance, which is calculated by dividing the sum of the school
 5-7     district's allotments under Subchapters B and C, less any allotment
 5-8     to the district for transportation and 50 percent of the adjustment
 5-9     under Section 42.102, by the basic allotment for the applicable
5-10     year;
5-11           "DTR" is the district enrichment and facilities tax rate of
5-12     the school district, which is determined by subtracting the amounts
5-13     specified by Subsection (b) from the total amount of taxes
5-14     collected by the school district for the applicable school year and
5-15     dividing the difference by the quotient of the district's taxable
5-16     value of property as determined under Subchapter M, Chapter 403,
5-17     Government Code, divided by 100, or, if applicable, under Section
5-18     42.2521; and
5-19           "LR" is the local revenue, which is determined by multiplying
5-20     "DTR" by the quotient of the district's taxable value of property
5-21     as determined under Subchapter M, Chapter 403, Government Code,
5-22     divided by 100, or, if applicable, under Section 42.2521.
5-23           SECTION 5.  Section 46.003(a), Education Code, is amended to
5-24     read as follows:
5-25           (a)  For each year, except as provided by Sections 46.005 and
5-26     46.006, a school district is guaranteed a specified amount per
 6-1     student in state and local funds for each cent of tax effort, up to
 6-2     the maximum rate under Subsection (b), to pay the principal of and
 6-3     interest on eligible bonds issued to construct, acquire, renovate,
 6-4     or improve an instructional facility.  The amount of state support
 6-5     is determined by the formula:
 6-6              FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
 6-7     where:
 6-8           "FYA" is the guaranteed facilities yield amount of state
 6-9     funds allocated to the district for the year;
6-10           "FYL" is the dollar amount guaranteed level of state and
6-11     local funds per student per cent of tax effort, which is $31.65
6-12     [$28] or a greater amount for any year provided by appropriation;
6-13           "ADA" is the number of students in average daily attendance,
6-14     as determined under Section 42.005, in the district;
6-15           "BTR" is the district's bond tax rate for the current year,
6-16     which is determined by dividing the amount of taxes budgeted to be
6-17     collected by the district for payment of eligible bonds by the
6-18     quotient of the district's taxable value of property as determined
6-19     under Subchapter M, Chapter 403, Government Code, divided by 100;
6-20     and
6-21           "DPV" is the district's taxable value of property as
6-22     determined under Subchapter M, Chapter 403, Government Code.
6-23           SECTION 6.  Section 46.006, Education Code, is amended to
6-24     read as follows:
6-25           Sec. 46.006.  SHORTAGE OR EXCESS OF FUNDS APPROPRIATED FOR
6-26     NEW PROJECTS.  (a)  If the total amount appropriated for a year for
 7-1     new projects is less than the amount of money to which school
 7-2     districts applying for state assistance are entitled for that year,
 7-3     the commissioner shall rank each school district applying by wealth
 7-4     per student.  For purposes of this section:
 7-5                 (1)  a district's wealth per student is reduced by 10
 7-6     percent if the district is determined to be a fast-growth district
 7-7     under Subsection (c); and
 7-8                 (2)  [,]  a district's wealth per student before the
 7-9     reduction under Subdivision (1), if applicable, is reduced by 10
7-10     percent for each state fiscal biennium in which the district did
7-11     not receive assistance under this chapter.
7-12           (b)  The commissioner shall adjust the rankings after making
7-13     the reductions in wealth per student required by Subsection (a)
7-14     [this subsection].
7-15           (c)  The commissioner shall annually determine the rate of
7-16     growth in average daily attendance for each school district in the
7-17     state over the three preceding years.  The commissioner shall rank
7-18     each school district according to the district's rate of growth,
7-19     beginning with the district with the highest rate.  Each district
7-20     that is placed in the top quartile of that ranking is considered a
7-21     fast-growth district for purposes of Subsection (a).
7-22           (d) [(b)]  Beginning with the district with the lowest
7-23     adjusted wealth per student that has applied for state assistance
7-24     for the year, the commissioner shall award state assistance to
7-25     districts that have applied for state assistance in ascending order
7-26     of adjusted wealth per student.  The commissioner shall award the
 8-1     full amount of state assistance to which a district is entitled
 8-2     under this chapter, except that the commissioner may award less
 8-3     than the full amount to the last district for which any funds are
 8-4     available.
 8-5           (e) [(c)]  Any amount appropriated for the first year of a
 8-6     fiscal biennium that is not awarded to a school district may be
 8-7     used to provide assistance in the following fiscal year.
 8-8           (f) [(d)]  In this section, "wealth per student" means a
 8-9     school district's taxable value of property as determined under
8-10     Subchapter M, Chapter 403, Government Code, divided by the
8-11     district's average daily attendance as determined under Section
8-12     42.005.
8-13           SECTION 7.  Section 21.401, Education Code, is amended to
8-14     read as follows:
8-15           Sec. 21.401.  MINIMUM SERVICE REQUIRED.  (a)  A contract
8-16     between a school district and an educator must be for a minimum of
8-17     10 months' service.
8-18           (a-4)  For the 1998-1999 school year, an educator employed
8-19     under a 10-month contract must provide a minimum of 187 days of
8-20     service.  This subsection expires September 1, 1999.
8-21           (b)  An educator employed under a 10-month contract must
8-22     provide a minimum [number] of 187 days of service [as determined by
8-23     the following formula:]
8-24                  [MDS = 185 + (0.33 X (R1 - R2)/(R2/185))]
8-25     [where:]
8-26           ["MDS" is the minimum number of days of service;]
 9-1           ["R1" is equal to FSP/ADA as determined under Section 21.402
 9-2     for the fiscal year; and]
 9-3           ["R2" is equal to FSP/ADA as determined under Section 21.402
 9-4     for the 1996-1997 school year].
 9-5           [(b-1)  Subsection (b) applies beginning with the 1999-2000
 9-6     school year.  This subsection expires January 1, 2000.]
 9-7           (c)  [The result of the formula prescribed by Subsection (b)
 9-8     shall be rounded to the nearest whole number.]
 9-9           [(d)]  The commissioner, as provided by Section 25.081(b),
9-10     may reduce the number of days of service required by this section.
9-11     A reduction by the commissioner does not reduce an educator's
9-12     salary.
9-13           SECTION 8.  Section 21.402, Education Code, is amended by
9-14     revising sections (a), (b), and (c), and adding new section (q), as
9-15     follows:
9-16           (a)  Except as provided by Subsection (d) or (e), a school
9-17     district must pay each classroom teacher or full-time librarian not
9-18     less than the minimum monthly salary, based on the employee's level
9-19     of experience, determined by the following formula:
9-20                          MS = SF X FS [(FSP/ADA)]
9-21     where:
9-22           "MS" is the minimum monthly salary;
9-23           "SF" is the applicable salary factor specified by Subsection
9-24     (c); and
9-25           "FS" is the amount, as determined by the commissioner under
9-26     Subsection (b), of state and local funds per weighted student
 10-1    available to a district eligible to receive state assistance under
 10-2    Section 42.302 with an enrichment and facilities tax rate, as
 10-3    defined by Section 42.302, equal to the maximum rate authorized
 10-4    under Section 42.303 ["FSP" is the amount appropriated in the
 10-5    General Appropriations Act for the fiscal year for the Foundation
 10-6    School Program, as determined by the commissioner as provided by
 10-7    Subsection (b); and]
 10-8          ["ADA" is the total estimated average daily attendance, as
 10-9    defined by Section 42.005, used for purposes of the General
10-10    Appropriations Act for the fiscal year].
10-11          (b)  Not later than June 1 of each year, the commissioner
10-12    shall determine the amount of state and local funds per weighted
10-13    student available, for purposes of Subsection (a), to a district
10-14    described by that subsection for the following school year
10-15    [appropriated for purposes of Chapter 42 for the state fiscal year
10-16    beginning September 1.  The commissioner shall exclude from the
10-17    determination:]
10-18                [(1)  amounts designated solely for use in connection
10-19    with school facilities or for payment of principal of and interest
10-20    on bonds; and]
10-21                [(2)  local funds received under Subchapter D, Chapter
10-22    41].
10-23          (c)  The salary factors per step are as follows:
10-24    Years Experience       0         1         2         3         4
10-25    Salary Factor        .5408     .5555     .5701     .5846     .6155
10-26                        [.8470]   [.8699]   [.8928]   [.9156]   [.9639]
 11-1    Years Experience      5         6         7         8         9
 11-2    Salary Factor        .6483     .6772     .7058     .7328     .7585
 11-3                       [1.0122]  [1.0605]  [1.1054]  [1.1477]  [1.1879]
 11-4    Years Experience      10        11        12        13        14
 11-5    Salary Factor        .7826     .8056     .8272     .8475     .8670
 11-6                       [1.2256]  [1.2616]  [1.2955]  [1.3273]  [1.3578]
 11-7    Years Experience      15        16        17        18        19
 11-8    Salary Factor        .8851     .9024     .9187     .9340     .9487
 11-9                       [1.3862]  [1.4133]  [1.4387]  [1.4628]  [1.4857]
11-10    Years Experience 20 and over
11-11    Salary Factor        .9625
11-12                       [1.5073]
11-13          (g)  For purposes of this section, the amount of state and
11-14    local funds per weighted student, as determined under Subsection
11-15    (b), does not include any amount of state funds designated in the
11-16    General Appropriations Act or another act of the legislature as
11-17    funds intended to provide school district property tax relief.
11-18          SECTION 9.  Sections 824.203(a) and (e), Government Code, are
11-19    amended to read as follows:
11-20          (a)  Except as provided by Subsections (c), (d), and (e), the
11-21    standard service retirement annuity is an amount computed on the
11-22    basis of the member's average annual compensation for the three
11-23    years of service, whether or not consecutive, in which the member
11-24    received the highest annual compensation, times 2.1 [two] percent
11-25    for each year of service credit in the retirement system.
11-26          (e)  The annual standard service retirement annuity for a
 12-1    person who immediately before retirement holds a position as a
 12-2    classroom teacher or full-time librarian, or the annual death
 12-3    benefit annuity based on the service of a member who at the time of
 12-4    death held a position as a classroom teacher or full-time
 12-5    librarian, may not be less than an amount computed on the basis of
 12-6    the minimum annual salary provided by the Education Code for a
 12-7    classroom teacher or full-time librarian, multiplied by 2.1 [two]
 12-8    percent for each year of service credit in the retirement system.
 12-9          SECTION 10.  Section 825.402, Government Code, is amended to
12-10    read as follows:
12-11          Sec. 825.402.  RATE OF MEMBER CONTRIBUTIONS.  Except as
12-12    provided by Section 825.4021, the [The] rate of contributions for
12-13    each member of the retirement system is:
12-14                (1)  five percent of the member's annual compensation
12-15    or $180, whichever is less, for service rendered after August 31,
12-16    1937, and before September 1, 1957;
12-17                (2)  six percent of the first $8,400 of the member's
12-18    annual compensation for service rendered after August 31, 1957, and
12-19    before September 1, 1969;
12-20                (3)  six percent of the member's annual compensation
12-21    for service rendered after August 31, 1969, and before the first
12-22    day of the 1977-78 school year;
12-23                (4)  6.65 percent of the member's annual compensation
12-24    for service rendered after the last day of the period described by
12-25    Subdivision (3) and before September 1, 1985; and
12-26                (5)  6.4 percent of the member's annual compensation
 13-1    for service rendered after August 31, 1985.
 13-2          SECTION 11.  Subchapter E, Chapter 825, Government Code, is
 13-3    amended by adding Section 825.4021 to read as follows:
 13-4          Sec. 825.4021.  RATE OF MEMBER CONTRIBUTIONS BY CERTIFIED
 13-5    PUBLIC SCHOOL EMPLOYEE.  The rate of contributions is:
 13-6                (1)  zero percent of the minimum salary as defined by
 13-7    Section 825.405 for each member of the retirement system who is
 13-8    employed as a certified classroom teacher or full-time librarian by
 13-9    a public elementary or secondary school for service rendered after
13-10    January 1, 2000;
13-11                (2)  6.4 percent of the aggregate annual compensation
13-12    above the minimum salary as defined by Section 825.405 for each
13-13    member of the retirement system who is employed as a certified
13-14    classroom teacher or full-time librarian by a public elementary or
13-15    secondary school for service rendered after January 1, 2000.
13-16          SECTION 12.  Section 825.403(a), Government Code, is amended
13-17    to read as follows:
13-18          (a)  Each payroll period, each employer shall deduct from the
13-19    compensation of each member employed by the employer an amount
13-20    equal to the percentage required under Section 825.402 or 825.4021,
13-21    as appropriate, [6.4 percent] of the member's compensation for that
13-22    period.
13-23          SECTION 13.  Section 825.404(a), Government Code, is amended
13-24    to read as follows:
13-25          (a)  During each fiscal year, the state shall contribute to
13-26    the retirement system an amount equal to:
 14-1                (1)  six [eight] percent of the aggregate annual
 14-2    compensation during that fiscal year of all members of the
 14-3    retirement system, other than members employed as certified
 14-4    classroom teachers or full-time librarians by public elementary or
 14-5    secondary schools;
 14-6                (2)  12.4 percent of the minimum salary as defined by
 14-7    Section 825.405 during that fiscal year of all members of the
 14-8    retirement system who are employed as certified classroom teachers
 14-9    or full-time librarians by public elementary or secondary schools,
14-10    or another amount provided by appropriation [during that fiscal
14-11    year];
14-12                (3)  six percent of the aggregate annual compensation
14-13    above the minimum salary as defined by Section 825.405, for those
14-14    members employed as certified classroom teachers or full-time
14-15    librarians by public elementary or secondary schools.
14-16          SECTION 14.  Section 825.409(a), Government Code, is amended
14-17    to read as follows:
14-18          (a)  Each employer shall pick up the employee contribution
14-19    required of each of its employees by Section 825.402 or 825.4021
14-20    [825.403] for all compensation earned after December 31, 1987.
14-21    Employers shall pay to the retirement system the picked-up
14-22    contributions from the same source of funds that is used in paying
14-23    earnings to the employees.  Such payments shall be in lieu of
14-24    contributions by the employees.  An employer shall pick up these
14-25    contributions by a corresponding reduction in the cash salary of
14-26    the employees, by an offset against a future salary increase, or by
 15-1    a combination of a salary reduction and offset against a future
 15-2    salary increase.  Employees do not have the option of choosing to
 15-3    receive the contributed amounts directly instead of having them
 15-4    paid by the employer to the retirement system.
 15-5          SECTION 15.  Section 26.04(c), Tax Code, is amended to read
 15-6    as follows:
 15-7          (c)  An officer or employee designated by the governing body
 15-8    shall calculate the effective tax rate and the rollback tax rate
 15-9    for the unit, where:
15-10                (1)  "Effective tax rate" means a rate expressed in
15-11    dollars per $100 of taxable value calculated according to the
15-12    following formula:
15-13       EFFECTIVE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY LEVY)
15-14                             (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)
15-15    ; and
15-16                (2)  "Rollback tax rate" means a rate expressed in
15-17    dollars per $100 of taxable value calculated according to:
15-18                      (A)  the following formula for a taxing unit
15-19    other than a school district:
15-20         ROLLBACK TAX RATE = (EFFECTIVE MAINTENANCE AND OPERATIONS
15-21                     RATE x 1.08) + CURRENT DEBT RATE
15-22    ; or
15-23                      (B)  Section 26.08 for a school district.
15-24          SECTION 16.  Section 26.08, Tax Code, is amended by adding
15-25    Subsections (j) and (k) to read as follows:
15-26          (j)  For purposes of this section, for the 1999 tax year, the
 16-1    rollback tax rate of a school district is the sum of:
 16-2                (1)  the tax rate that, applied to the current total
 16-3    value for the district, would impose taxes in an amount that, when
 16-4    added to the amount of state funds that would be distributed to the
 16-5    district under Chapter 42, Education Code, for the 1999-2000 school
 16-6    year using that tax rate, would provide the same amount of state
 16-7    funds distributed under Chapter 42 and maintenance and operations
 16-8    taxes of the district per student in weighted average daily
 16-9    attendance for the 1999-2000 school year that was available to the
16-10    district in the 1998-1999 school year; and
16-11                (2)  the district's current debt rate.
16-12          (k)  Subsection (j) and this subsection expire September 1,
16-13    2000.
16-14          SECTION 17.  (a)  Sections 42.251(c) and 42.252(e), Education
16-15    Code, are repealed.
16-16          (b)  Section 26.08(f), Tax Code, is repealed.
16-17          SECTION 18.  (a)  Except as provided by Subsection (b) of
16-18    this section, this Act takes effect September 1, 1999.
16-19          (b)  The amendments to Subchapter E, Chapter 825, Government
16-20    Code, made by this Act take effect January 1, 2000, but only if the
16-21    constitutional amendment proposed by __. J.R. No. ____, 76th
16-22    Legislature, Regular Session, 1999, is adopted by the voters.  If
16-23    the proposed constitutional amendment is not adopted, the
16-24    amendments to Subchapter E, Chapter 825, Government Code, made by
16-25    this Act have no effect.
16-26          SECTION 19.  The importance of this legislation and the
 17-1    crowded condition of the calendars in both houses create an
 17-2    emergency and an imperative public necessity that the
 17-3    constitutional rule requiring bills to be read on three several
 17-4    days in each house be suspended, and this rule is hereby suspended.