By Lucio S.B. No. 1286
76R9258 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the public education facilities assistance fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle I, Title 2, Education Code, is amended
1-5 by adding Chapter 47 to read as follows:
1-6 CHAPTER 47. PUBLIC EDUCATION FACILITIES ASSISTANCE FUND
1-7 Sec. 47.001. DEFINITIONS. In this chapter:
1-8 (1) "Fund" means the public education facilities
1-9 assistance fund created under Section 3a, Article VII, Texas
1-10 Constitution.
1-11 (2) "Instructional facility" has the meaning assigned
1-12 by Section 46.001.
1-13 Sec. 47.002. FUND. (a) The fund consists of amounts
1-14 transferred under Section 3a, Article VII, Texas Constitution,
1-15 gifts or grants accepted by the commissioner under Subsection (d),
1-16 and interest, dividends, and other income earned from the
1-17 investment of the fund.
1-18 (b) Distributions from the fund may be made without
1-19 appropriation in the manner provided by this chapter and Section
1-20 3a, Article VII, Texas Constitution, and may be used only for the
1-21 purposes stated in that section.
1-22 (c) The commissioner shall administer the fund and shall
1-23 provide for investment of the fund in the same manner as the
1-24 permanent school fund. The commissioner may pay reasonable
2-1 administrative expenses from the income of the fund, not to exceed
2-2 an amount authorized by the General Appropriations Act.
2-3 (d) The commissioner shall solicit and may accept gifts or
2-4 grants from any public or private source for the fund.
2-5 Sec. 47.003. FINANCIAL ASSISTANCE. (a) The commissioner by
2-6 rule shall establish a grant program to assist school districts in
2-7 the acquisition of land, improvements to land, and capital
2-8 equipment for instructional purposes. Grants may be provided for:
2-9 (1) the purchase and equipment of instructional
2-10 facilities that complied with the requirements of Chapter 46 but
2-11 did not receive state assistance under that chapter;
2-12 (2) small improvements to instructional facilities for
2-13 which the issuance of debt that could qualify for state assistance
2-14 under Chapter 46 is impracticable;
2-15 (3) renovation or replacement of an instructional
2-16 facility due to fire, natural disaster, or other unanticipated
2-17 occurrence;
2-18 (4) costs of temporary facilities made necessary by
2-19 loss of an instructional facility due to fire, natural disaster, or
2-20 other unanticipated occurrence; and
2-21 (5) other significant instructional facilities needs,
2-22 as determined by commissioner rule.
2-23 (b) The commissioner, in determining the amount and award of
2-24 a grant under this section, shall consider:
2-25 (1) the property wealth per student of the school
2-26 district;
2-27 (2) the condition of the district's instructional
3-1 facilities;
3-2 (3) the rate of growth of the district during the
3-3 previous five school years; and
3-4 (4) if applicable, the availability of insurance or
3-5 other funds to apply to instructional facilities lost or damaged by
3-6 fire, natural disaster, or other unanticipated occurrence.
3-7 (c) The commissioner may require a local commitment of funds
3-8 as a condition of a grant under this section.
3-9 (d) The commissioner shall develop an application process
3-10 that allows qualifying school districts to apply for assistance for
3-11 the same project under both this section and Chapter 46.
3-12 (e) From amounts available for distribution from the fund,
3-13 the comptroller shall distribute to school districts amounts from
3-14 the fund in accordance with grants awarded by the commissioner.
3-15 SECTION 2. (a) This Act takes effect on January 1, 2000,
3-16 but only if the constitutional amendment creating the public
3-17 education facilities assistance fund is approved by the voters. If
3-18 that amendment is not approved by the voters, this Act has no
3-19 effect.
3-20 (b) If this Act takes effect under Subsection (a) of this
3-21 section, the commissioner of education shall adopt the rules
3-22 required by Section 47.003, Education Code, as added by this Act,
3-23 not later than September 1, 2000.
3-24 SECTION 3. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.