By Staples                                            S.B. No. 1316
         77R9260 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the financing of public school facilities.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 42.301, Education Code, is amended to read
 1-5     as follows:
 1-6           Sec. 42.301.  Purpose. The purpose of the guaranteed yield
 1-7     component of the Foundation School Program is to provide each
 1-8     school district with the opportunity to provide the basic program
 1-9     and to supplement that program at a level of its own choice and
1-10     with access to additional funds for facilities.  An allotment under
1-11     this subchapter may be used for any legal purpose including [other
1-12     than] capital outlay and [or] debt service.  A school district may
1-13     not receive an allotment under this subchapter for any tax effort
1-14     that receives an allotment under Chapter 46 of this code.
1-15           SECTION 2.  Section 46.005, Education Code, is amended to
1-16     read as follows:
1-17           Sec. 46.005.  Limitations on Guaranteed Amount. The
1-18     guaranteed amount of state and local funds for a new project that a
1-19     district may be awarded in any state fiscal biennium under Section
1-20     46.003 for a school district may not exceed the lesser of:
1-21                 (1)  the amount the actual debt service payments the
1-22     district makes in each year of the biennium [in which the bonds are
1-23     issued]; or
1-24                 (2)  the greater of:
 2-1                       (A)  $100,000; or
 2-2                       (B)  the product of the number of students in
 2-3     average daily attendance in the district multiplied by $250.
 2-4           SECTION 3.  Section 46.033, Education Code, is amended to
 2-5     read as follows:
 2-6           Sec. 46.033.  Eligible Bonds. Bonds, including bonds issued
 2-7     under Section 45.006, are eligible to be paid with state and local
 2-8     funds under this subchapter if:
 2-9                 (1)  the district  certifies to the commissioner prior
2-10     to January 1 of the second year of the state fiscal biennium the
2-11     amount of payments due on the bonds in each year of the state's
2-12     next fiscal biennium; [taxes levied to pay the principal of and
2-13     interest on the bonds were included in the district's audited debt
2-14     service collections for the 1998-99 school year] and
2-15                 (2)  the district does not receive state assistance
2-16     under Subchapter A for payment of the principal and interest on the
2-17     bonds.
2-18           SECTION 4.  Section 46.034, Education Code, is amended to
2-19     read as follows:
2-20           Sec. 46.034.  Limits on Assistance. (a)  The existing debt
2-21     tax rate ("EDTR") under Section 46.032 may not exceed $0.29 [$0.12]
2-22     per $100 of valuation, or a greater amount for any year provided by
2-23     appropriation.
2-24           (b)  The amount of state assistance to which a district is
2-25     entitled under this subchapter may not exceed the amount to which
2-26     the district would be entitled at the district's tax rate for the
2-27     payment of eligible bonds in the amount certified under Section
 3-1     46.033(1) [for the final year of the preceding state fiscal
 3-2     biennium.]
 3-3           (c)  If the amount required to pay the principal of and
 3-4     interest on eligible bonds in a school year is less than the amount
 3-5     certified under Section 46.033(1), [district's audited debt service
 3-6     collections for the 1998-1999 school year,] the district may not
 3-7     receive aid in excess of the amount that, when added to the
 3-8     district's local revenue for the school year, equals the amount
 3-9     required to pay the principal of and interest on the bonds.
3-10           (d)  To the extent funds are available under Chapter 42 or
3-11     this chapter in excess of the amount to which school districts are
3-12     entitled for a school year, the commissioner, before providing
3-13     additional assistance under Section 42.2522, may provide assistance
3-14     under this subchapter to a district that would be entitled to the
3-15     assistance but for the limit on the existing debt tax rate under
3-16     Subsection (a).
3-17           SECTION 5.  This Act takes effect September 1, 2001.