By:  Cain                                             S.B. No. 1728
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to payment sources for a school district's local share of
 1-3     debt service for which the district receives state assistance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 46.003, Education Code, is amended by
 1-6     amending Subsections (d) through (g) and adding Subsection (h) to
 1-7     read as follows:
 1-8           (d)  The amount of taxes budgeted to be collected by the
 1-9     district for payment of eligible bonds under Subsection (a) may
1-10     include:
1-11                 (1)  bond taxes collected in the current school year;
1-12                 (2)  bond taxes collected in a preceding school year in
1-13     excess of the amount necessary to pay the district's share of
1-14     actual debt service on bonds in that year;
1-15                 (3)  maintenance and operations taxes collected in the
1-16     current school year or the preceding school year in excess of the
1-17     amount used to generate other state financial assistance for the
1-18     district; or
1-19                 (4)  any other local money, including donations and
1-20     grants, not obtained from a governmental source or used to generate
1-21     other state financial assistance for the district.
1-22           (e)  Bonds are eligible to be paid with state and local funds
1-23     under this section if:
1-24                 (1)  taxes to pay the principal of and interest on the
1-25     bonds were first levied in the 1997-1998 school year or a later
 2-1     school year; and
 2-2                 (2)  the bonds do not have a weighted average maturity
 2-3     of less than eight years.
 2-4           (f) [(e)]  A district may use state funds received under this
 2-5     section only to pay the principal of and interest on the bonds for
 2-6     which the district received the funds.
 2-7           (g) [(f)]  The board of trustees and voters of a school
 2-8     district shall determine district needs concerning construction,
 2-9     acquisition, renovation, or improvement of instructional
2-10     facilities.
2-11           (h) [(g)]  To receive state assistance under this subchapter,
2-12     a school district must apply to the commissioner in accordance with
2-13     rules adopted by the commissioner before issuing bonds that will be
2-14     paid with state assistance.  Until the bonds are fully paid or the
2-15     instructional facility is sold:
2-16                 (1)  a school district is entitled to continue
2-17     receiving state assistance without reapplying to the commissioner;
2-18     and
2-19                 (2)  the guaranteed level of state and local funds per
2-20     student per cent of tax effort applicable to the bonds may not be
2-21     reduced below the level provided for the year in which the bonds
2-22     were issued.
2-23           SECTION 2.  Section 46.032, Education Code, is amended by
2-24     adding Subsection (c) to read as follows:
2-25           (c)  The amount of taxes budgeted to be collected by the
2-26     district for payment of eligible bonds under Subsection (a) may
 3-1     include:
 3-2                 (1)  bond taxes collected in the current school year;
 3-3                 (2)  bond taxes collected in a preceding school year in
 3-4     excess of the amount necessary to pay the district's share of
 3-5     actual debt service on bonds in that year;
 3-6                 (3)  maintenance and operations taxes collected in the
 3-7     current school year or the preceding school year in excess of the
 3-8     amount used to generate other state financial assistance for the
 3-9     district; or
3-10                 (4)  any other local money, including donations and
3-11     grants, not obtained from a governmental source or used to generate
3-12     other state financial assistance for the district.
3-13           SECTION 3.  This Act takes effect September 1, 2001.