By: Bivins S.R. No. 1257
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 77th
1-2 Legislature, Regular Session, 2001, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on House
1-5 Bill No. 2879, relating to public school finance, to consider and
1-6 take action on the following matters:
1-7 (1) Senate Rule 12.03(4) is suspended to permit the
1-8 committee to amend Section 21.402(c), Education Code, to read as
1-9 follows:
1-10 (c) The salary factors per step are as follows:
1-11 Years Experience 0 1 2 3 4
1-12 Salary Factor .5656 .5790 .5924 .6058 .6340
1-13 [.5596] [.5728] [.5861] [.5993] [.6272]
1-14 Years Experience 5 6 7 8 9
1-15 Salary Factor .6623 .6906 .7168 .7416 .7651
1-16 [.6552] [.6831] [.7091] [.7336] [.7569]
1-17 Years Experience 10 11 12 13 14
1-18 Salary Factor .7872 .8082 .8281 .8467 .8645
1-19 [.7787] [.7996] [.8192] [.8376] [.8552]
1-20 Years Experience 15 16 17 18 19
1-21 Salary Factor .8811 .8970 .9119 .9260 .9394
1-22 [.8717] [.8874] [.9021] [.9160] [.9293]
1-23 Years Experience 20 and over
1-24 Salary Factor .9520
1-25 [.9418]
2-1 Explanation: This change is necessary to permit setting the
2-2 salary factors for the minimum salary schedule for teachers,
2-3 librarians, counselors, and nurses to reflect the higher guaranteed
2-4 level of state and local funds per weighted student per cent of tax
2-5 effort under Section 42.302, Education Code, as amended by House
2-6 Bill No. 3343, and to reflect the repeal of Section 42.152(t),
2-7 Education Code, by House Bill No. 2879, which requires the
2-8 commissioner of education to adjust the guaranteed level to
2-9 compensate for additional state costs because of the computation of
2-10 weighted students in average daily attendance under Section
2-11 42.152(s), Education Code.
2-12 (2) Senate Rule 12.03(4) is suspended to permit the
2-13 committee to add text adding Subsection (f) to Section 42.005,
2-14 Education Code, to read as follows:
2-15 (f) An open-enrollment charter school is not entitled to
2-16 funding based on an adjustment under Subsection (b)(2).
2-17 Explanation: This change is necessary to provide that
2-18 open-enrollment charter schools whose attendance declines from one
2-19 year to the next for reasons other than the closing or reduction in
2-20 personnel of a military base do not have their attendance adjusted
2-21 to receive funding based on the preceding year's attendance.
2-22 (3) Senate Rule 12.03(4) is suspended to permit the
2-23 committee to add Section 42.2531, Education Code, to read as
2-24 follows:
2-25 Sec. 42.2531. ADJUSTMENT BY COMMISSIONER. (a) The
2-26 commissioner may make adjustments to amounts due to a school
3-1 district under this chapter or Chapter 46, or to amounts necessary
3-2 for a district to comply with the requirements of Chapter 41, as
3-3 provided by this section.
3-4 (b) A school district that has a major taxpayer, as
3-5 determined by the commissioner, that because of a protest of the
3-6 valuation of the taxpayer's property fails to pay all or a portion
3-7 of the ad valorem taxes due to the district may apply to the
3-8 commissioner to have the district's taxable value of property or ad
3-9 valorem tax collections adjusted for purposes of this chapter or
3-10 Chapter 41 or 46. The commissioner may make the adjustment only to
3-11 the extent the commissioner determines that making the adjustment
3-12 will not:
3-13 (1) in the fiscal year in which the adjustment is
3-14 made, cause the amount to which school districts are entitled under
3-15 this chapter to exceed the amount appropriated for purposes of the
3-16 Foundation School Program for that year; and
3-17 (2) if the adjustment is made in the first year of a
3-18 state fiscal biennium, cause the amount to which school districts
3-19 are entitled under this chapter for the second year of the biennium
3-20 to exceed the amount appropriated for purposes of the Foundation
3-21 School Program for that year.
3-22 (c) The commissioner shall recover the benefit of any
3-23 adjustment made under this section by making offsetting adjustments
3-24 in the school district's taxable value of property or ad valorem
3-25 tax collections for purposes of this chapter or Chapter 41 or 46 on
3-26 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) Senate Rule 12.03(4) is suspended to permit the
4-14 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 districts 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) Senate Rule 12.03(4) is suspended to permit the
4-24 committee to add SECTION 14 to read as follows:
4-25 SECTION 14. (a) Notwithstanding Section 46.034(a),
4-26 Education Code, as amended by this Act, for the 2002-2003 school
5-1 year, except as provided by this section, a school district may not
5-2 receive assistance under Subchapter B, Chapter 46, Education Code,
5-3 for an existing debt tax rate greater than $0.12 per $100 of
5-4 valuation.
5-5 (b) As soon as practicable, the commissioner of education
5-6 shall determine whether funds are available from amounts
5-7 appropriated for purposes of the Foundation School Program for the
5-8 2001-2002 or 2002-2003 school year in excess of the amount of
5-9 payments required to be made under Chapters 42 and 46, Education
5-10 Code. In making a determination under this subsection, the
5-11 commissioner may:
5-12 (1) notwithstanding Section 42.253(b), Education Code,
5-13 reduce the entitlement under Chapters 42 and 46, Education Code, of
5-14 a school district whose final taxable value of property is higher
5-15 than the estimate under Section 42.254, Education Code; and
5-16 (2) make payments to school districts accordingly.
5-17 (c) For the 2001-2002 school year, to the extent excess
5-18 funds are available under Subsection (b) of this section, and
5-19 notwithstanding Section 42.2522, Education Code, the commissioner
5-20 of education shall apply the funds in the following order:
5-21 (1) subject to any limitations in S.B. No. 1, Acts of
5-22 the 77th Legislature, Regular Session, 2001, to adjusting the
5-23 taxable value of property of school districts that experience a
5-24 rapid decline in taxable value, as provided by Section 42.2521,
5-25 Education Code;
5-26 (2) to funding school districts based on an adjustment
6-1 for an optional homestead exemption, as provided by Section
6-2 42.2522, Education Code; and
6-3 (3) to funding school districts based on an adjustment
6-4 for ad valorem taxes subject to a protest of the valuation of a
6-5 major taxpayer's property, as provided by Section 42.2531,
6-6 Education Code, as added by this Act.
6-7 (d) For the 2002-2003 school year, to the extent excess
6-8 funds are available under Subsection (b) of this section, and
6-9 notwithstanding Section 42.2522, Education Code, the commissioner
6-10 of education shall apply the funds in the following order:
6-11 (1) to authorizing additional assistance to school
6-12 districts under Subchapter A, Chapter 46, Education Code, in an
6-13 amount not to exceed $50 million;
6-14 (2) to increasing the limit on the existing debt tax
6-15 rate under Subsection (a) of this section to a rate not to exceed
6-16 $0.29 per $100 of valuation;
6-17 (3) subject to any limitations in S.B. No. 1, Acts of
6-18 the 77th Legislature, Regular Session, 2001, to adjusting the
6-19 taxable value of property of school districts that experience a
6-20 rapid decline in taxable value, as provided by Section 42.2521,
6-21 Education Code;
6-22 (4) to funding school districts based on an adjustment
6-23 for an optional homestead exemption, as provided by Section
6-24 42.2522, Education Code; and
6-25 (5) to funding school districts based on an adjustment
6-26 for ad valorem taxes subject to a protest of the valuation of a
7-1 major taxpayer's property, as provided by Section 42.2531,
7-2 Education Code, as added by this Act.
7-3 (e) The commissioner of education must provide full funding
7-4 for a priority listed in Subsection (c) or (d) of this section
7-5 before providing funding for the next lower priority.
7-6 (f) A decision of the commissioner of education under this
7-7 section is final and may not be appealed.
7-8 Explanation: This change is necessary to establish
7-9 priorities for spending any Foundation School Program
7-10 appropriations that, because of property valuation increases,
7-11 exceed the amount to which school districts are entitled in the
7-12 biennium ending August 31, 2003.
7-13 (6) Senate Rule 12.03(4) is suspended to permit the
7-14 committee to add SECTION 15 to read as follows:
7-15 SECTION 15. From funds appropriated to the Texas Education
7-16 Agency that may be used for the purpose, the commissioner of
7-17 education shall as necessary 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 Explanation: This change is necessary to permit the
7-21 commissioner of education to assist regional education service
7-22 centers in providing financial management or planning assistance to
7-23 school districts and open-enrollment charter schools.
7-24 (7) Senate Rule 12.03(4) is suspended to permit the
7-25 committee to add SECTION 16 to read as follows:
7-26 SECTION 16. (a) The Communities in Schools advisory
8-1 committee is created. The governor, lieutenant governor, and
8-2 speaker of the house of representatives shall each appoint three
8-3 members to the advisory committee.
8-4 (b) The advisory committee shall advise and provide guidance
8-5 to programs operated under the auspices of the Communities in
8-6 Schools.
8-7 (c) In accordance with Section 2110.004, Government Code,
8-8 reimbursement of the expenses of advisory committee members may be
8-9 paid from amounts appropriated in S.B. No. 1, Acts of the 77th
8-10 Legislature, Regular Session, 2001, to the Texas Education Agency
8-11 and the Department of Protective and Regulatory Services.
8-12 (d) The Texas Education Agency and the Department of
8-13 Protective and Regulatory Services shall:
8-14 (1) coordinate with the advisory committee;
8-15 (2) share equally the cost of reimbursement of the
8-16 expenses of advisory committee members; and
8-17 (3) each assign an employee to assist the advisory
8-18 committee in its duties and act as a liaison between the advisory
8-19 committee and the employee's employing agency.
8-20 Explanation: This change is necessary to create an advisory
8-21 committee for the Communities in Schools youth dropout prevention
8-22 program, to provide for the committee members' expenses, and to
8-23 require the Texas Education Agency and Department of Protective and
8-24 Regulatory Services to support the committee.
8-25 (8) Senate Rule 12.03(4) is suspended to permit the
8-26 committee to add SECTION 17 to read as follows:
9-1 SECTION 17. Notwithstanding Subsection (a) of Rider 55
9-2 under the appropriations to the Texas Education Agency in S.B. No.
9-3 1, Acts of the 77th Legislature, Regular Session, 2001, the funds
9-4 allocated by that rider shall be allocated in the following manner:
9-5 (1) The funds shall be distributed by the commissioner
9-6 of education for reading diagnostic instruments and on a
9-7 competitive grant basis to be used by schools for the
9-8 implementation of scientific, research-based reading and
9-9 mathematics programs, the purchase of additional instructional or
9-10 diagnostic materials, necessary materials for libraries,
9-11 instructional staff, or related professional staff development for
9-12 educators with the goal of as much direct intervention with
9-13 students as possible. To be eligible for funding, schools must
9-14 perform a diagnostic assessment for below-grade-level reading
9-15 skills and submit a plan for parental involvement in the program.
9-16 (2) The commissioner of education shall use not less
9-17 than $15 million of the funds allocated by Rider 55 to implement
9-18 scientific-based content development for training materials,
9-19 professional development institutes in mathematics and related
9-20 research, as provided by Sections 7.058, 21.454, 21.455, Education
9-21 Code, as added by H.B. No. 1144, Acts of the 77th Legislature,
9-22 Regular Session, 2001.
9-23 (3) The commissioner of education may use a portion of
9-24 the funds allocated by Rider 55 to implement the master mathematics
9-25 teacher program as provided by Sections 21.0482 and 21.411,
9-26 Education Code, as added by H.B. No. 1144, Acts of the 77th
10-1 Legislature, Regular Session, 2001, and shall transfer funds to the
10-2 State Board for Educator Certification for creation of the master
10-3 mathematics teacher certification as provided by Section 21.0482,
10-4 Education Code, as added by H.B. No. 1144, Acts of the 77th
10-5 Legislature, Regular Session, 2001.
10-6 Explanation: This change is necessary to allocate funds
10-7 appropriated by Senate Bill No. 1 for purposes of the governor's
10-8 reading and mathematics initiatives.
10-9 (9) Senate Rule 12.03(4) is suspended to permit the
10-10 committee to add SECTION 18 to read as follows:
10-11 SECTION 18. Of the amounts appropriated in Article III, S.B.
10-12 No. 1, Acts of the 77th Legislature, Regular Session, 2001, to the
10-13 Texas Education Agency under Strategy A.3.3.: Improving Educator
10-14 Performance, the commissioner of education:
10-15 (1) shall allocate $8 million for the fiscal year
10-16 ending August 31, 2002, and $12 million for the fiscal year ending
10-17 August 31, 2003, for purposes of funding stipends for master
10-18 reading and mathematics teachers as provided by Section 21.410,
10-19 Education Code, and 21.411, Education Code, as added by H.B. No.
10-20 1144, Acts of the 77th Legislature, Regular Session, 2001; and
10-21 (2) may transfer funds to the State Board for Educator
10-22 Certification for creation of the master mathematics teacher
10-23 certification as provided by Section 21.0482, Education Code, as
10-24 added by H.B. No. 1144, Acts of the 77th Legislature, Regular
10-25 Session, 2001.
10-26 Explanation: This change is necessary to allocate funds
11-1 appropriated by Senate Bill No. 1 for purposes of the certified
11-2 master reading teachers and the certified master mathematics
11-3 teachers portions of the governor's reading and mathematics
11-4 initiatives.
11-5 (10) Senate Rule 12.03(4) is suspended to permit the
11-6 committee to add SECTION 19 to read as follows:
11-7 SECTION 19. The Legislative Budget Board shall increase the
11-8 number of full-time-equivalent positions authorized for the Texas
11-9 Education Agency by S.B. No. 1, Acts of the 77th Legislature,
11-10 Regular Session, 2001, by two for the fiscal year ending August 31,
11-11 2003, for purposes of the mathematics initiative proposed by H.B.
11-12 No. 1144, Acts of the 77th Legislature, Regular Session, 2001.
11-13 Explanation: This change is necessary to permit the Texas
11-14 Education Agency to employ two additional full-time equivalent
11-15 employees for purposes of the governor's mathematics initiative.
11-16 (11) Senate Rule 12.03(4) is suspended to permit the
11-17 committee to add SECTION 20 to read as follows:
11-18 SECTION 20. A portion of the amounts appropriated in Article
11-19 III, S.B. No. 1, Acts of the 77th Legislature, Regular Session,
11-20 2001, to the Texas Education Agency is allocated as provided by
11-21 this section:
11-22 (1) for the fiscal biennium ending August 31, 2003,
11-23 the amount allocated under Strategy A.2.1.: FSP-Equalized
11-24 Operations is reduced by [