R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 77th Legislature, Regular Session, 2001, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 2879, relating to public
1-6 school finance, to consider and take action on the following
1-7 matters:
1-8 (1) House Rule 13, Section 9(a)(4), is suspended to permit
1-9 the committee to amend Section 21.402(c), Education Code, to read
1-10 as follows:
1-11 (c) The salary factors per step are as follows:
1-12 Years Experience 0 1 2 3 4
1-13 Salary Factor .5656 .5790 .5924 .6058 .6340
1-14 [.5596] [.5728] [.5861] [.5993] [.6272]
1-15 Years Experience 5 6 7 8 9
1-16 Salary Factor .6623 .6906 .7168 .7416 .7651
1-17 [.6552] [.6831] [.7091] [.7336] [.7569]
1-18 Years Experience 10 11 12 13 14
1-19 Salary Factor .7872 .8082 .8281 .8467 .8645
1-20 [.7787] [.7996] [.8192] [.8376] [.8552]
1-21 Years Experience 15 16 17 18 19
1-22 Salary Factor .8811 .8970 .9119 .9260 .9394
1-23 [.8717] [.8874] [.9021] [.9160] [.9293]
1-24 Years Experience 20 and over
2-1 Salary Factor .9520
2-2 [.9418]
2-3 Explanation: This change is necessary to permit setting the
2-4 salary factors for the minimum salary schedule for teachers,
2-5 librarians, counselors, and nurses to reflect the higher guaranteed
2-6 level of state and local funds per weighted student per cent of tax
2-7 effort under Section 42.302, Education Code, as amended by H.B. No.
2-8 3343, and to reflect the repeal of Section 42.152(t), Education
2-9 Code, by H.B. No. 2879, which requires the commissioner of
2-10 education to adjust the guaranteed level to compensate for
2-11 additional state costs because of the computation of weighted
2-12 students in average daily attendance under Section 42.152(s),
2-13 Education Code.
2-14 (2) House Rule 13, Section 9(a)(4), is suspended to permit
2-15 the committee to add text adding Subsection (f) to Section 42.005,
2-16 Education Code, to read as follows:
2-17 (f) An open-enrollment charter school is not entitled to
2-18 funding based on an adjustment under Subsection (b)(2).
2-19 Explanation: This change is necessary to provide that
2-20 open-enrollment charter schools whose attendance declines from one
2-21 year to the next for reasons other than the closing or reduction in
2-22 personnel of a military base do not have their attendance adjusted
2-23 to receive funding based on the preceding year's attendance.
2-24 (3) House Rule 13, Section 9(a)(4), is suspended to permit
2-25 the committee to add Section 42.2531, Education Code, to read as
2-26 follows:
2-27 Sec. 42.2531. ADJUSTMENT BY COMMISSIONER. (a) The
3-1 commissioner may make adjustments to amounts due to a school
3-2 district under this chapter or Chapter 46, or to amounts necessary
3-3 for a district to comply with the requirements of Chapter 41, as
3-4 provided by this section.
3-5 (b) A school district that has a major taxpayer, as
3-6 determined by the commissioner, that because of a protest of the
3-7 valuation of the taxpayer's property fails to pay all or a portion
3-8 of the ad valorem taxes due to the district may apply to the
3-9 commissioner to have the district's taxable value of property or ad
3-10 valorem tax collections adjusted for purposes of this chapter or
3-11 Chapter 41 or 46. The commissioner may make the adjustment only to
3-12 the extent the commissioner determines that making the adjustment
3-13 will not:
3-14 (1) in the fiscal year in which the adjustment is
3-15 made, cause the amount to which school districts are entitled under
3-16 this chapter to exceed the amount appropriated for purposes of the
3-17 Foundation School Program for that year; and
3-18 (2) if the adjustment is made in the first year of a
3-19 state fiscal biennium, cause the amount to which school districts
3-20 are entitled under this chapter for the second year of the biennium
3-21 to exceed the amount appropriated for purposes of the Foundation
3-22 School Program for that year.
3-23 (c) The commissioner shall recover the benefit of any
3-24 adjustment made under this section by making offsetting adjustments
3-25 in the school district's taxable value of property or ad valorem
3-26 tax collections for purposes of this chapter or Chapter 41 or 46 on
3-27 a final determination of the taxable value of property that was the
4-1 basis of the original adjustment, or in the second school year
4-2 following the year in which the adjustment is made, whichever is
4-3 earlier.
4-4 (d) This section does not require the commissioner to make
4-5 any requested adjustment. A determination by the commissioner
4-6 under this section is final and may not be appealed.
4-7 Explanation: This change is necessary to provide additional
4-8 state aid to school districts in which a major property taxpayer
4-9 protests the valuation of the taxpayer's property and to require
4-10 the school district to repay that additional state aid within two
4-11 years or when the appraisal protest is resolved, whichever is
4-12 earlier.
4-13 (4) House Rule 13, Section 9(a)(4), is suspended to permit
4-14 the committee to add SECTION 13 to read as follows:
4-15 SECTION 13. Section 46.003(d), Education Code, as amended by
4-16 this Act, and Section 46.032(c), Education Code, as added by this
4-17 Act, apply only to taxes collected by a school district in the
4-18 1999-2000 school year or a later school year.
4-19 Explanation: This change is necessary to specify that school
4-20 district may not use fund balances created before the 1999-2000
4-21 school year to pay the district's local share under the
4-22 instructional facilities allotment and the existing debt allotment.
4-23 (5) House Rule 13, Section 9(a)(4), is suspended to permit
4-24 the committee to add SECTION 14 to read as follows:
4-25 SECTION 14. (a) Notwithstanding Section 46.034(a), Education
4-26 Code, as amended by this Act, for the 2002-2003 school year, except
4-27 as provided by this section, a school district may not receive
5-1 assistance under Subchapter B, Chapter 46, Education Code, for an
5-2 existing debt tax rate greater than $0.12 per $100 of valuation.
5-3 (b) As soon as practicable, the commissioner of education
5-4 shall determine whether funds are available from amounts
5-5 appropriated for purposes of the Foundation School Program for the
5-6 2001-2002 or 2002-2003 school year in excess of the amount of
5-7 payments required to be made under Chapters 42 and 46, Education
5-8 Code. In making a determination under this subsection, the
5-9 commissioner may:
5-10 (1) notwithstanding Section 42.253(b), Education Code,
5-11 reduce the entitlement under Chapters 42 and 46, Education Code, of
5-12 a school district whose final taxable value of property is higher
5-13 than the estimate under Section 42.254, Education Code; and
5-14 (2) make payments to school districts accordingly.
5-15 (c) For the 2001-2002 school year, to the extent excess
5-16 funds are available under Subsection (b) of this section, and
5-17 notwithstanding Section 42.2522, Education Code, the commissioner
5-18 of education shall apply the funds in the following order:
5-19 (1) subject to any limitations in S.B. No. 1, Acts of
5-20 the 77th Legislature, Regular Session, 2001, to adjusting the
5-21 taxable value of property of school districts that experience a
5-22 rapid decline in taxable value, as provided by Section 42.2521,
5-23 Education Code;
5-24 (2) to funding school districts based on an adjustment
5-25 for an optional homestead exemption, as provided by Section
5-26 42.2522, Education Code; and
5-27 (3) to funding school districts based on an adjustment
6-1 for ad valorem taxes subject to a protest of the valuation of a
6-2 major taxpayer's property, as provided by Section 42.2531,
6-3 Education Code, as added by this Act.
6-4 (d) For the 2002-2003 school year, to the extent excess
6-5 funds are available under Subsection (b) of this section, and
6-6 notwithstanding Section 42.2522, Education Code, the commissioner
6-7 of education shall apply the funds in the following order:
6-8 (1) to authorizing additional assistance to school
6-9 districts under Subchapter A, Chapter 46, Education Code, in an
6-10 amount not to exceed $50 million;
6-11 (2) to increasing the limit on the existing debt tax
6-12 rate under Subsection (a) of this section to a rate not to exceed
6-13 $0.29 per $100 of valuation;
6-14 (3) subject to any limitations in S.B. No. 1, Acts of
6-15 the 77th Legislature, Regular Session, 2001, to adjusting the
6-16 taxable value of property of school districts that experience a
6-17 rapid decline in taxable value, as provided by Section 42.2521,
6-18 Education Code;
6-19 (4) to funding school districts based on an adjustment
6-20 for an optional homestead exemption, as provided by Section
6-21 42.2522, Education Code; and
6-22 (5) to funding school districts based on an adjustment
6-23 for ad valorem taxes subject to a protest of the valuation of a
6-24 major taxpayer's property, as provided by Section 42.2531,
6-25 Education Code, as added by this Act.
6-26 (e) The commissioner of education must provide full funding
6-27 for a priority listed in Subsection (c) or (d) of this section
7-1 before providing funding for the next lower priority.
7-2 (f) A decision of the commissioner of education under this
7-3 section is final and may not be appealed.
7-4 Explanation: This change is necessary to establish
7-5 priorities for spending any Foundation School Program
7-6 appropriations that, because of property valuation increases,
7-7 exceed the amount to which school districts are entitled in the
7-8 biennium ending August 31, 2003.
7-9 (6) House Rule 13, Section 9(a)(4), is suspended to permit
7-10 the committee to add SECTION 15 to read as follows:
7-11 SECTION 15. From funds appropriated to the Texas Education
7-12 Agency that may be used for the purpose, the commissioner of
7-13 education shall as necessary assist regional education service
7-14 centers in providing financial management or planning assistance to
7-15 school districts and open-enrollment charter schools.
7-16 Explanation: This change is necessary to permit the
7-17 commissioner of education to assist regional education service
7-18 centers in providing financial management or planning assistance to
7-19 school districts and open-enrollment charter schools.
7-20 (7) House Rule 13, Section 9(a)(4), is suspended to permit
7-21 the committee to add SECTION 16 to read as follows:
7-22 SECTION 16. (a) The Communities in Schools advisory
7-23 committee is created. The governor, lieutenant governor, and
7-24 speaker of the house of representatives shall each appoint three
7-25 members to the advisory committee.
7-26 (b) The advisory committee shall advise and provide guidance
7-27 to programs operated under the auspices of the Communities in
8-1 Schools.
8-2 (c) In accordance with Section 2110.004, Government Code,
8-3 reimbursement of the expenses of advisory committee members may be
8-4 paid from amounts appropriated in S.B. No. 1, Acts of the 77th
8-5 Legislature, Regular Session, 2001, to the Texas Education Agency
8-6 and the Department of Protective and Regulatory Services.
8-7 (d) The Texas Education Agency and the Department of
8-8 Protective and Regulatory Services shall:
8-9 (1) coordinate with the advisory committee;
8-10 (2) share equally the cost of reimbursement of the
8-11 expenses of advisory committee members; and
8-12 (3) each assign an employee to assist the advisory
8-13 committee in its duties and act as a liaison between the advisory
8-14 committee and the employee's employing agency.
8-15 Explanation: This change is necessary to create an advisory
8-16 committee for the Communities in Schools youth dropout prevention
8-17 program, to provide for the committee members' expenses, and to
8-18 require the Texas Education Agency and Department of Regulatory and
8-19 Protective Services to support the committee.
8-20 (8) House Rule 13, Section 9(a)(4), is suspended to permit
8-21 the committee to add SECTION 17 to read as follows:
8-22 SECTION 17. Notwithstanding Subsection (a) of Rider 55 under
8-23 the appropriations to the Texas Education Agency in S.B. No. 1,
8-24 Acts of the 77th Legislature, Regular Session, 2001, the funds
8-25 allocated by that rider shall be allocated in the following manner:
8-26 (1) The funds shall be distributed by the commissioner
8-27 of education for reading diagnostic instruments and on a
9-1 competitive grant basis to be used by schools for the
9-2 implementation of scientific, research-based reading and
9-3 mathematics programs, the purchase of additional instructional or
9-4 diagnostic materials, necessary materials for libraries,
9-5 instructional staff, or related professional staff development for
9-6 educators with the goal of as much direct intervention with
9-7 students as possible. To be eligible for funding, schools must
9-8 perform a diagnostic assessment for below-grade-level reading
9-9 skills and submit a plan for parental involvement in the program.
9-10 (2) The commissioner of education shall use not less
9-11 than $15 million of the funds allocated by Rider 55 to implement
9-12 scientific-based content development for training materials,
9-13 professional development institutes in mathematics and related
9-14 research, as provided by Sections 7.058, 21.454, 21.455, Education
9-15 Code, as added by H.B. No. 1144, Acts of the 77th Legislature,
9-16 Regular Session, 2001.
9-17 (3) The commissioner of education may use a portion of
9-18 the funds allocated by Rider 55 to implement the master mathematics
9-19 teacher program as provided by Sections 21.0482 and 21.411,
9-20 Education Code, as added by H.B. No. 1144, Acts of the 77th
9-21 Legislature, Regular Session, 2001, and shall transfer funds to the
9-22 State Board for Educator Certification for creation of the master
9-23 mathematics teacher certification as provided by Section 21.0482,
9-24 Education Code, as added by H.B. No. 1144, Acts of the 77th
9-25 Legislature, Regular Session, 2001.
9-26 Explanation: This change is necessary to allocate funds
9-27 appropriated by S.B. No. 1 for purposes of the governor's reading
10-1 and mathematics initiatives.
10-2 (9) House Rule 13, Section 9(a)(4), is suspended to permit
10-3 the committee to add SECTION 18 to read as follows:
10-4 SECTION 18. Of the amounts appropriated in Article III, S.B.
10-5 No. 1, Acts of the 77th Legislature, Regular Session, 2001, to the
10-6 Texas Education Agency under Strategy A.3.3.: Improving Educator
10-7 Performance, the commissioner of education:
10-8 (1) shall allocate $8 million for the fiscal year
10-9 ending August 31, 2002, and $12 million for the fiscal year ending
10-10 August 31, 2003, for purposes of funding stipends for master
10-11 reading and mathematics teachers as provided by Section 21.410,
10-12 Education Code, and 21.411, Education Code, as added by H.B. No.
10-13 1144, Acts of the 77th Legislature, Regular Session, 2001; and
10-14 (2) may transfer funds to the State Board for Educator
10-15 Certification for creation of the master mathematics teacher
10-16 certification as provided by Section 21.0482, Education Code, as
10-17 added by H.B. No. 1144, Acts of the 77th Legislature, Regular
10-18 Session, 2001.
10-19 Explanation: This change is necessary to allocate funds
10-20 appropriated by S.B. No. 1 for purposes of the certified master
10-21 reading teachers and the certified master mathematics teachers
10-22 portions of the governor's reading and mathematics initiatives.
10-23 (10) House Rule 13, Section 9(a)(4), is suspended to permit
10-24 the committee to add SECTION 19 to read as follows:
10-25 SECTION 19. The Legislative Budget Board shall increase the
10-26 number of full-time-equivalent positions authorized for the Texas
10-27 Education Agency by S.B. No. 1, Acts of the 77th Legislature,
11-1 Regular Session, 2001, by two for the fiscal year ending August 31,
11-2 2003, for purposes of the mathematics initiative proposed by H.B.
11-3 No. 1144, Acts of the 77th Legislature, Regular Session, 2001.
11-4 Explanation: This change is necessary to permit the Texas
11-5 Education Agency to employ two additional full-time equivalent
11-6 employees for purposes of the governor's mathematics initiative.
11-7 (11) House Rule 13, Section 9(a)(4), is suspended to permit
11-8 the committee to SECTION 20 to read as follows:
11-9 SECTION 20. A portion of the amounts appropriated in Article
11-10 III, S.B. No. 1, Acts of the 77th Legislature, Regular Session,
11-11 2001, to the Texas Education Agency is allocated as provided by
11-12 this section:
11-13 (1) for the fiscal biennium ending August 31, 2003,
11-14 the amount allocated under Strategy A.2.1.: FSP-Equalized
11-15 Operations is reduced by [