Amend CSHB 5 as follows:
(1) In SECTION 1.02 of the bill, in proposed Section
41.008(c)(5), Education Code, strike "Chapter 46" and substitute
"Chapter 46, including a specific amount to be appropriated to
promote financing of facilities under Subchapter A, Chapter 46, in
districts with low wealth per student".
(2) Amend ARTICLE 1 of the bill by adding the following
appropriately numbered section and renumbering subsequent sections
of the bill accordingly:
SECTION ___. Section 46.003, Education Code, is amended by
amending Subsections (a) and (h) and adding Subsection (i) to read
as follows:
(a) For each year, except as provided by Sections 46.005 and
46.006, a school district is guaranteed a specified amount per
student in state and local funds for each cent of tax effort, up to
the maximum rate under Subsection (b), to pay the principal of and
interest on eligible bonds issued to construct, acquire, renovate,
or improve an instructional facility. The total amount of state
support provided each biennium must equal at least $150 million.
The amount of state support for a school district is determined by
the formula:
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
where:
"FYA" is the guaranteed facilities yield amount of state
funds allocated to the district for the year;
"FYL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $35 or a
greater amount for any year provided by appropriation;
"ADA" is the greater of the number of students in average
daily attendance, as determined under Section 42.005, in the
district or 400;
"BTR" is the district's bond tax rate for the current year,
which is determined by dividing the amount budgeted by the district
for payment of eligible bonds by the quotient of the district's
taxable value of property as determined under Subchapter M, Chapter
403, Government Code, or, if applicable, Section 42.2521, divided
by 100; and
"DPV" is the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, Section 42.2521.
(h) To receive state assistance under this subchapter, a
school district must apply to the commissioner in accordance with
rules adopted by the commissioner before issuing bonds that will be
paid with state assistance. Until the bonds are fully paid, [or]
the instructional facility is sold, or the school district becomes
eligible to receive assistance with payment of the bonds under
Subchapter B:
(1) a school district is entitled to continue
receiving state assistance under this subchapter without
reapplying to the commissioner; and
(2) the guaranteed level of state and local funds per
student per cent of tax effort applicable to the bonds may not be
reduced below the level provided for the year in which the bonds
were issued.
(i) Notwithstanding any other provision of this chapter,
the commissioner shall ensure that a school district that becomes
eligible for state assistance under Subchapter B with payment of
bonds for which the district initially received state assistance
under this subchapter continues to receive state assistance under
this subchapter as necessary to result in a total guaranteed level
of state and local funds per student per cent of tax effort equal to
the level provided under this subchapter for the year in which the
bonds were issued.
(3) Strike SECTION 1.11 of the bill, amending Section
46.033, Education Code, and substitute the following:
SECTION 1.11. Section 46.033, Education Code, is amended to
read as follows:
Sec. 46.033. ELIGIBLE BONDS. Bonds, including bonds issued
under Section 45.006, are eligible to be paid with state and local
funds under this subchapter if:
(1) the district made payments on the bonds during the
final [2000-2001] school year of the state fiscal biennium
preceding the biennium in which the district first receives
assistance under this subchapter for the payment of principal of
and interest on the bonds; or
(2) taxes levied to pay the principal of and interest
on the bonds were included in the district's audited debt service
collections for that school year[; and
[(2) the district does not receive state assistance
under Subchapter A for payment of the principal and interest on the
bonds].