By Sadler H.R. No. 1408
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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]
2-1 Years Experience 20 and over
2-2 Salary Factor .9520
2-3 [.9418]
2-4 Explanation: This change is necessary to permit setting the
2-5 salary factors for the minimum salary schedule for teachers,
2-6 librarians, counselors, and nurses to reflect the higher guaranteed
2-7 level of state and local funds per weighted student per cent of tax
2-8 effort under Section 42.302, Education Code, as amended by H.B. No.
2-9 3343, and to reflect the repeal of Section 42.152(t), Education
2-10 Code, by H.B. No. 2879, which requires the commissioner of
2-11 education to adjust the guaranteed level to compensate for
2-12 additional state costs because of the computation of weighted
2-13 students in average daily attendance under Section 42.152(s),
2-14 Education Code.
2-15 (2) House Rule 13, Section 9(a)(4), is suspended to permit
2-16 the committee to add text adding Subsection (f) to Section 42.005,
2-17 Education Code, to read as follows:
2-18 (f) An open-enrollment charter school is not entitled to
2-19 funding based on an adjustment under Subsection (b)(2).
2-20 Explanation: This change is necessary to provide that
2-21 open-enrollment charter schools whose attendance declines from one
2-22 year to the next for reasons other than the closing or reduction in
2-23 personnel of a military base do not have their attendance adjusted
2-24 to receive funding based on the preceding year's attendance.
2-25 (3) House Rule 13, Section 9(a)(4), is suspended to permit
2-26 the committee to add Section 42.2531, Education Code, to read as
3-1 follows:
3-2 Sec. 42.2531. ADJUSTMENT BY COMMISSIONER. (a) The
3-3 commissioner may make adjustments to amounts due to a school
3-4 district under this chapter or Chapter 46, or to amounts necessary
3-5 for a district to comply with the requirements of Chapter 41, as
3-6 provided by this section.
3-7 (b) A school district that has a major taxpayer, as
3-8 determined by the commissioner, that because of a protest of the
3-9 valuation of the taxpayer's property fails to pay all or a portion
3-10 of the ad valorem taxes due to the district may apply to the
3-11 commissioner to have the district's taxable value of property or ad
3-12 valorem tax collections adjusted for purposes of this chapter or
3-13 Chapter 41 or 46. The commissioner may make the adjustment only to
3-14 the extent the commissioner determines that making the adjustment
3-15 will not:
3-16 (1) in the fiscal year in which the adjustment is
3-17 made, cause the amount to which school districts are entitled under
3-18 this chapter to exceed the amount appropriated for purposes of the
3-19 Foundation School Program for that year; and
3-20 (2) if the adjustment is made in the first year of a
3-21 state fiscal biennium, cause the amount to which school districts
3-22 are entitled under this chapter for the second year of the biennium
3-23 to exceed the amount appropriated for purposes of the Foundation
3-24 School Program for that year.
3-25 (c) The commissioner shall recover the benefit of any
3-26 adjustment made under this section by making offsetting adjustments
4-1 in the school district's taxable value of property or ad valorem
4-2 tax collections for purposes of this chapter or Chapter 41 or 46 on
4-3 a final determination of the taxable value of property that was the
4-4 basis of the original adjustment, or in the second school year
4-5 following the year in which the adjustment is made, whichever is
4-6 earlier.
4-7 (d) This section does not require the commissioner to make
4-8 any requested adjustment. A determination by the commissioner
4-9 under this section is final and may not be appealed.
4-10 Explanation: This change is necessary to provide additional
4-11 state aid to school districts in which a major property taxpayer
4-12 protests the valuation of the taxpayer's property and to require
4-13 the school district to repay that additional state aid within two
4-14 years or when the appraisal protest is resolved, whichever is
4-15 earlier.
4-16 (4) House Rule 13, Section 9(a)(4), is suspended to permit
4-17 the committee to add SECTION 13 to read as follows:
4-18 SECTION 13. Section 46.003(d), Education Code, as amended by
4-19 this Act, and Section 46.032(c), Education Code, as added by this
4-20 Act, apply only to taxes collected by a school district in the
4-21 1999-2000 school year or a later school year.
4-22 Explanation: This change is necessary to specify that school
4-23 district may not use fund balances created before the 1999-2000
4-24 school year to pay the district's local share under the
4-25 instructional facilities allotment and the existing debt allotment.
4-26 (5) House Rule 13, Section 9(a)(4), is suspended to permit
5-1 the committee to add SECTION 14 to read as follows:
5-2 SECTION 14. (a) Notwithstanding Section 46.034(a), Education
5-3 Code, as amended by this Act, for the 2002-2003 school year, except
5-4 as provided by this section, a school district may not receive
5-5 assistance under Subchapter B, Chapter 46, Education Code, for an
5-6 existing debt tax rate greater than $0.12 per $100 of valuation.
5-7 (b) As soon as practicable, the commissioner of education
5-8 shall determine whether funds are available from amounts
5-9 appropriated for purposes of the Foundation School Program for the
5-10 2001-2002 or 2002-2003 school year in excess of the amount of
5-11 payments required to be made under Chapters 42 and 46, Education
5-12 Code. In making a determination under this subsection, the
5-13 commissioner may:
5-14 (1) notwithstanding Section 42.253(b), Education Code,
5-15 reduce the entitlement under Chapters 42 and 46, Education Code, of
5-16 a school district whose final taxable value of property is higher
5-17 than the estimate under Section 42.254, Education Code; and
5-18 (2) make payments to school districts accordingly.
5-19 (c) For the 2001-2002 school year, to the extent excess
5-20 funds are available under Subsection (b) of this section, and
5-21 notwithstanding Section 42.2522, Education Code, the commissioner
5-22 of education shall apply the funds in the following order:
5-23 (1) subject to any limitations in S.B. No. 1, Acts of
5-24 the 77th Legislature, Regular Session, 2001, to adjusting the
5-25 taxable value of property of school districts that experience a
5-26 rapid decline in taxable value, as provided by Section 42.2521,
6-1 Education Code;
6-2 (2) to funding school districts based on an adjustment
6-3 for an optional homestead exemption, as provided by Section
6-4 42.2522, Education Code; and
6-5 (3) to funding school districts based on an adjustment
6-6 for ad valorem taxes subject to a protest of the valuation of a
6-7 major taxpayer's property, as provided by Section 42.2531,
6-8 Education Code, as added by this Act.
6-9 (d) For the 2002-2003 school year, to the extent excess
6-10 funds are available under Subsection (b) of this section, and
6-11 notwithstanding Section 42.2522, Education Code, the commissioner
6-12 of education shall apply the funds in the following order:
6-13 (1) to authorizing additional assistance to school
6-14 districts under Subchapter A, Chapter 46, Education Code, in an
6-15 amount not to exceed $50 million;
6-16 (2) to increasing the limit on the existing debt tax
6-17 rate under Subsection (a) of this section to a rate not to exceed
6-18 $0.29 per $100 of valuation;
6-19 (3) subject to any limitations in S.B. No. 1, Acts of
6-20 the 77th Legislature, Regular Session, 2001, to adjusting the
6-21 taxable value of property of school districts that experience a
6-22 rapid decline in taxable value, as provided by Section 42.2521,
6-23 Education Code;
6-24 (4) to funding school districts based on an adjustment
6-25 for an optional homestead exemption, as provided by Section
6-26 42.2522, Education Code; and
7-1 (5) to funding school districts based on an adjustment
7-2 for ad valorem taxes subject to a protest of the valuation of a
7-3 major taxpayer's property, as provided by Section 42.2531,
7-4 Education Code, as added by this Act.
7-5 (e) The commissioner of education must provide full funding
7-6 for a priority listed in Subsection (c) or (d) of this section
7-7 before providing funding for the next lower priority.
7-8 (f) A decision of the commissioner of education under this
7-9 section is final and may not be appealed.
7-10 Explanation: This change is necessary to establish
7-11 priorities for spending any Foundation School Program
7-12 appropriations that, because of property valuation increases,
7-13 exceed the amount to which school districts are entitled in the
7-14 biennium ending August 31, 2003.
7-15 (6) House Rule 13, Section 9(a)(4), is suspended to permit
7-16 the committee to add SECTION 15 to read as follows:
7-17 SECTION 15. From funds appropriated to the Texas Education
7-18 Agency that may be used for the purpose, the commissioner of
7-19 education shall as necessary assist regional education service
7-20 centers in providing financial management or planning assistance to
7-21 school districts and open-enrollment charter schools.
7-22 Explanation: This change is necessary to permit the
7-23 commissioner of education to assist regional education service
7-24 centers in providing financial management or planning assistance to
7-25 school districts and open-enrollment charter schools.
7-26 (7) House Rule 13, Section 9(a)(4), is suspended to permit
8-1 the committee to add SECTION 16 to read as follows:
8-2 SECTION 16. (a) The Communities in Schools advisory
8-3 committee is created. The governor, lieutenant governor, and
8-4 speaker of the house of representatives shall each appoint three
8-5 members to the advisory committee.
8-6 (b) The advisory committee shall advise and provide guidance
8-7 to programs operated under the auspices of the Communities in
8-8 Schools.
8-9 (c) In accordance with Section 2110.004, Government Code,
8-10 reimbursement of the expenses of advisory committee members may be
8-11 paid from amounts appropriated in S.B. No. 1, Acts of the 77th
8-12 Legislature, Regular Session, 2001, to the Texas Education Agency
8-13 and the Department of Protective and Regulatory Services.
8-14 (d) The Texas Education Agency and the Department of
8-15 Protective and Regulatory Services shall:
8-16 (1) coordinate with the advisory committee;
8-17 (2) share equally the cost of reimbursement of the
8-18 expenses of advisory committee members; and
8-19 (3) each assign an employee to assist the advisory
8-20 committee in its duties and act as a liaison between the advisory
8-21 committee and the employee's employing agency.
8-22 Explanation: This change is necessary to create an advisory
8-23 committee for the Communities in Schools youth dropout prevention
8-24 program, to provide for the committee members' expenses, and to
8-25 require the Texas Education Agency and Department of Regulatory and
8-26 Protective Services to support the committee.
9-1 (8) House Rule 13, Section 9(a)(4), is suspended to permit
9-2 the committee to add SECTION 17 to read as follows:
9-3 SECTION 17. Notwithstanding Subsection (a) of Rider 55 under
9-4 the appropriations to the Texas Education Agency in S.B. No. 1,
9-5 Acts of the 77th Legislature, Regular Session, 2001, the funds
9-6 allocated by that rider shall be allocated in the following manner:
9-7 (1) The funds shall be distributed by the commissioner
9-8 of education for reading diagnostic instruments and on a
9-9 competitive grant basis to be used by schools for the
9-10 implementation of scientific, research-based reading and
9-11 mathematics programs, the purchase of additional instructional or
9-12 diagnostic materials, necessary materials for libraries,
9-13 instructional staff, or related professional staff development for
9-14 educators with the goal of as much direct intervention with
9-15 students as possible. To be eligible for funding, schools must
9-16 perform a diagnostic assessment for below-grade-level reading
9-17 skills and submit a plan for parental involvement in the program.
9-18 (2) The commissioner of education shall use not less
9-19 than $15 million of the funds allocated by Rider 55 to implement
9-20 scientific-based content development for training materials,
9-21 professional development institutes in mathematics and related
9-22 research, as provided by Sections 7.058, 21.454, 21.455, Education
9-23 Code, as added by H.B. No. 1144, Acts of the 77th Legislature,
9-24 Regular Session, 2001.
9-25 (3) The commissioner of education may use a portion of
9-26 the funds allocated by Rider 55 to implement the master mathematics
10-1 teacher program as provided by Sections 21.0482 and 21.411,
10-2 Education Code, as added by H.B. No. 1144, Acts of the 77th
10-3 Legislature, Regular Session, 2001, and shall transfer funds to the
10-4 State Board for Educator Certification for creation of the master
10-5 mathematics teacher certification as provided by Section 21.0482,
10-6 Education Code, as added by H.B. No. 1144, Acts of the 77th
10-7 Legislature, Regular Session, 2001.
10-8 Explanation: This change is necessary to allocate funds
10-9 appropriated by S.B. No. 1 for purposes of the governor's reading
10-10 and mathematics initiatives.
10-11 (9) House Rule 13, Section 9(a)(4), is suspended to permit
10-12 the committee to add SECTION 18 to read as follows:
10-13 SECTION 18. Of the amounts appropriated in Article III, S.B.
10-14 No. 1, Acts of the 77th Legislature, Regular Session, 2001, to the
10-15 Texas Education Agency under Strategy A.3.3.: Improving Educator
10-16 Performance, the commissioner of education:
10-17 (1) shall allocate $8 million for the fiscal year
10-18 ending August 31, 2002, and $12 million for the fiscal year ending
10-19 August 31, 2003, for purposes of funding stipends for master
10-20 reading and mathematics teachers as provided by Section 21.410,
10-21 Education Code, and 21.411, Education Code, as added by H.B. No.
10-22 1144, Acts of the 77th Legislature, Regular Session, 2001; and
10-23 (2) may transfer funds to the State Board for Educator
10-24 Certification for creation of the master mathematics teacher
10-25 certification as provided by Section 21.0482, Education Code, as
10-26 added by H.B. No. 1144, Acts of the 77th Legislature, Regular
11-1 Session, 2001.
11-2 Explanation: This change is necessary to allocate funds
11-3 appropriated by S.B. No. 1 for purposes of the certified master
11-4 reading teachers and the certified master mathematics teachers
11-5 portions of the governor's reading and mathematics initiatives.
11-6 (10) House Rule 13, Section 9(a)(4), is suspended to permit
11-7 the committee to add SECTION 19 to read as follows:
11-8 SECTION 19. The Legislative Budget Board shall increase the
11-9 number of full-time-equivalent positions authorized for the Texas
11-10 Education Agency by S.B. No. 1, Acts of the 77th Legislature,
11-11 Regular Session, 2001, by two for the fiscal year ending August 31,
11-12 2003, for purposes of the mathematics initiative proposed by H.B.
11-13 No. 1144, Acts of the 77th Legislature, Regular Session, 2001.
11-14 Explanation: This change is necessary to permit the Texas
11-15 Education Agency to employ two additional full-time equivalent
11-16 employees for purposes of the governor's mathematics initiative.
11-17 (11) House Rule 13, Section 9(a)(4), is suspended to permit
11-18 the committee to SECTION 20 to read as follows:
11-19 SECTION 20. A portion of the amounts appropriated in Article
11-20 III, S.B. No. 1, Acts of the 77th Legislature, Regular Session,
11-21 2001, to the Texas Education Agency is allocated as provided by
11-22 this section:
11-23 (1) for the fiscal biennium ending August 31, 2003,
11-24 the amount allocated under Strategy A.2.1.: FSP-Equalized
11-25 Operations is reduced by [