Amend CSHB 3459 as follows:
(1) On page 1, between lines 12 and 13, insert the following:
SECTION 1. The following provisions of the Education Code
are repealed:
(1) Chapters 41, 42, and 46; and
(2) Section 45.002.
SECTION 2. Chapter 4, Education Code, is amended by adding
Section 4.003 to read as follows:
Sec. 4.003. STATE RESPONSIBILITY FOR PROVISION OF PUBLIC
EDUCATION. (a) It is the policy of this state that the provision of
public education is a state responsibility and that a thorough and
efficient system be provided and substantially financed through
state revenue sources so that each student enrolled in the public
school system shall have access to programs and services that are
appropriate to the student's educational needs and that are
substantially equal to those available to any similar student,
notwithstanding varying local economic factors.
(b) The public school finance system of this state shall
adhere to a standard of neutrality that provides for substantially
equal access to similar revenue per student at similar tax effort,
considering all state and local tax revenues of districts after
acknowledging all legitimate student and district cost
differences.
(c) It is the policy of this state that not later than
September 1, 2007, the legislature shall provide state funding in
an amount that constitutes at least 50 percent of the cost of
maintaining and operating the public school system.
SECTION 3. Sections 1 and 2 of this Act take effect
September 1, 2004, but only if, before that date:
(1) the legislature has enacted a school finance
system to replace the system established by Chapters 41, 42, 45, and
46, Education Code;
(2) the Act enacting a school finance system in
compliance with Subdivision (1) of this subsection affirmatively
states that the system is a comprehensive school finance system for
the entire state; and
(3) the school finance system enacted in compliance
with Subdivision (1) of this subsection has become law.
(2) On page 3, between lines 5 and 6, insert the following
new section, appropriately numbered:
SECTION ___. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.413 to read as follows:
Sec. 21.413. CLASSROOM SUPPLY REIMBURSEMENT PROGRAM. (a)
The commissioner shall establish a reimbursement program under
which the commissioner provides funds to a school district for the
purpose of reimbursing classroom teachers in the district who
expend personal funds on classroom supplies. A school district
must match any funds provided to the district under the
reimbursement program with local funds to be used for the same
purpose.
(b) The commissioner shall adopt rules for the local
allocation of funds provided to a school district under the
reimbursement program. A school district shall allow each
classroom teacher in the district who is reimbursed under the
reimbursement program to use the funds in the teacher's discretion,
except that the funds must be used for the benefit of the district's
students. A school district may not use funds received under the
reimbursement program to replace local funds used by the district
for the same purpose.
(c) The commissioner shall identify state and federal funds
available for use under the reimbursement program, including funds
subject to the Education Flexibility Partnership Act of 1999 (20
U.S.C. Section 5891a et seq.), and its subsequent amendments, as
well as consolidated administrative funds.
(d) The commissioner shall establish the reimbursement
program for implementation beginning not later than the 2005-2006
school year. The commissioner may implement the reimbursement
program only if funds are specifically appropriated by the
legislature for the program or if the commissioner identifies
available funds, other than general revenue funds, that may be used
for the program.
(3) On page 11, between lines 1 and 2, insert the following
new section, appropriately numbered:
SECTION ____. Sections 41.0021(a) and (e), Education Code,
are amended to read as follows:
(a) Notwithstanding Section 41.002, for the [2001-2002,
2002-2003, and] 2003-2004 and 2004-2005 school years, a school
district that in the 1999-2000 school year did not offer each grade
level from kindergarten through 12 may elect to have its wealth per
student determined under this section.
(e) This section expires September 1, 2005 [2004].
(4) On page 14, between lines 2 and 3, insert the following
new sections, appropriately numbered:
SECTION ____. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2516 to read as follows:
Sec. 42.2516. ADDITIONAL AID FOR 2003-2004 AND 2004-2005
SCHOOL YEARS. (a) For the 2003-2004 and 2004-2005 school years, in
addition to any other state aid to which a school district is
entitled under this chapter, a district is entitled to an amount
equal to the product of the number of students in average daily
attendance in the district multiplied by $150.
(b) A school district that is otherwise ineligible for state
aid under this chapter is entitled to state aid under this section.
A school district that is required to take action under Chapter 41
to reduce its wealth per student to the equalized wealth level is
entitled to:
(1) a credit, in the amount of the state aid to which
the district is entitled under this section, against the total
amount required under Section 41.093 for the district to purchase
attendance credits; and
(2) if the amount of state aid to which the district is
entitled under this section exceeds the total amount required under
Section 41.093 for the district to purchase sufficient attendance
credits to reduce its wealth per student to the equalized wealth
level, state aid in an amount equal to the difference between the
state aid to which the district is entitled under this section and
the credit applied under Subdivision (1).
(c) In addition to any aid established by Subsection (a),
for the 2003-2004 and 2004-2005 school years, a school district
with less than 5,000 students in average daily attendance and a
wealth per student that does not exceed the equalized wealth level
under Section 41.002 is also entitled to additional funding
determined as follows: Multiply 0.65 times the amount calculated
when $150 times the district's average daily attendance is
subtracted from $112 times the district's weighted average daily
attendance.
(d) This subsection applies only to a current employee of a
school district who is entitled to the minimum salary under Section
21.402, who was employed by that district during the 2002-2003
school year, and who received funds under Article 3.50-8, Insurance
Code, during the 2002-2003 school year. For the 2003-2004 school
year, a school district shall ensure that each employee to whom this
subsection applies and who is employed by the district receives the
difference, if any, between $1,000 and the amount per employee that
the district receives under other law for purposes of Article
3.50-8, Insurance Code, for employees to whom this subsection
applies. A district employee may not bring a cause of action
against a district under this subsection on the basis of the amount
paid to the employee under this subsection if the employee's total
salary for the 2003-2004 school year, including amounts paid for
purposes of Article 3.50-8, Insurance Code, is equal to or greater
than the employee's base salary for the 2002-2003 school year,
including any career ladder supplement, plus any money paid to or
used on behalf of the employee under Article 3.50-8, Insurance
Code.
(e) This section expires September 1, 2005.
SECTION ____. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2517 to read as follows:
Sec. 42.2517. EXCESS FUNDS FOR COST OF EDUCATION
ADJUSTMENT. (a) If the commissioner determines that the amount
appropriated for purposes of the Foundation School Program exceeds
the amount to which school districts are entitled under this
chapter, the commissioner may:
(1) adjust each district's cost of education
adjustment under Section 42.102 to reflect current uncontrollable
variations in the cost of education, particularly the cost of
providing salaries and benefits to classroom teachers; and
(2) provide funding under this chapter based on the
cost of education index adjusted under Subdivision (1).
(b) If the amount available under Subsection (a) is not
sufficient to provide funding based on the cost of education index
adjusted under Subsection (a)(1), the commissioner shall rank
districts by the increase in the cost of education adjustment
applicable to each district under this section and shall provide
funding under this section to districts in descending order of the
amount of increase in the cost of education adjustment applicable
to districts under this section, beginning with the district that
has the greatest increase in the cost of education adjustment,
until no funds are available for purposes of this section.
(5) On page 20, strike lines 4 and 5 and substitute the
following:
SECTION ___. Section 46.034, Education Code, is amended by
amending Subsection (c) and adding Subsections (d) and (e) to read
as follows:
(6) On page 20, between lines 13 and 14, insert the
following:
(d) Notwithstanding any other provision of this chapter, if
the appropriation to support newly eligible bonds for the 2003-2004
school year and the 2004-2005 school year is not sufficient to
provide the state aid that school districts are entitled to under
Section 46.032, the commissioner is directed to reduce the $35
guaranteed level of state and local support per student per cent of
tax effort for newly eligible debt only to the level necessary to
fund the sum of the allotments within the appropriated amount. The
guaranteed level for eligible debt through the 2000-2001 school
year is not affected by this adjustment. The commissioner shall
make this determination as soon as practicable, prior to the
beginning of the school year. The decision of the commissioner is
final and may not be appealed.
(e) Section 46.034(d) and this subsection expire September
1, 2005.
(7) On page 26, between lines 17 and 18, insert the
following new sections, appropriately numbered:
SECTION ___. (a) The repeal by Section 1 of this Act of
Section 45.002, Education Code, does not impair any obligation
created by the issuance or execution of any lawful agreement or
evidence of indebtedness before September 1, 2004, that matures
after that date and that is payable from the levy and collection of
a maintenance tax under that section or another law, and an
independent school district may, on and after September 1, 2004,
levy, assess, and collect a maintenance tax, at a rate not greater
than the rate required to pay such obligations but only for so long
as those obligations remain outstanding and unpaid.
(b) Notwithstanding the repeal by Section 1 of this Act of
Chapters 41, 42, and 46, Education Code, and Section 45.002,
Education Code, a school district that, before September 1, 2004,
issues bonds, notes, or other evidences of indebtedness under
Chapter 45, Education Code, or other applicable law or enters into a
lease-purchase agreement under Subchapter A, Chapter 271, Local
Government Code, may continue, before, on, and after September 1,
2004, to receive state assistance with respect to such payments to
the same extent the district would have been entitled to receive the
assistance under Chapter 42 or 46, Education Code, as those
chapters existed before repeal by this Act, and the former law is
continued in effect for that purpose. The commissioner of
education may adopt rules to implement this subsection.
(c) The repeal by Section 1 of this Act of Chapters 41, 42,
and 46, Education Code, and Section 45.002, Education Code, does
not limit, modify, or eliminate the authority of a school district
to:
(1) issue or execute bonds, public securities, or
other obligations under Chapter 45, Education Code, or other law,
either before, on, or after September 1, 2004; or
(2) levy, assess, and collect, before, on, or after
September 1, 2004, ad valorem taxes at the full rate and in the full
amount authorized by Section 45.002, Education Code, and necessary
to pay the bonds, public securities, or other obligations when due
and payable.
(d) Before September 1, 2004, the commissioner of education
may not refuse to grant assistance to a school district under
Chapter 42 or 46, Education Code, in connection with public
securities, lease-purchase agreements, credit agreements, or other
obligations, including those described by Subchapter A, Chapter
271, Local Government Code, on the basis that the district's
authority to levy a maintenance tax is repealed effective September
1, 2004.
SECTION ___. The commissioner of education shall adopt
rules and establish the classroom supply reimbursement program as
required by Section 21.413, Education Code, as added by this Act,
not later than August 1, 2005.
(8) Strike page 26, lines 21-25, and substitute the
following:
SECTION ___. Except as otherwise provided by this Act, this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2003, except as otherwise provided by this Act.
(9) Renumber the sections of the bill accordingly.