SRC-TAG H.B. 1363 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1363
78R11682 KSD-DBy: Crownover (Estes)
Education
5/20/2003
Engrossed


DIGEST AND PURPOSE 

The Texas Academy of Mathematics and Science (TAMS) currently receives its
allotment from the foundation school program under Chapter 42 as if the
academy were a school district, except that the academy has a local share
applied that is equivalent to the local fund assignment of the Denton
Independent School District (DISD).  Due to increased property values in
the assigned school district, the allotment TAMS receives continues to
decrease.  However, TAMS does not receive any of the additional property
tax revenue that DISD receives as a result of the increased property
values.  H.B. 1363 disengages TAMS from the DISD and recognizes that TAMS
has no taxing authority. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.156, Education Code, by adding Subsections
(g) and (h), as follows: 

(g)  Requires the commissioner of education (commissioner), each fiscal
year,  to withhold an amount determined by the commissioner and distribute
that amount to the Texas Academy of Mathematics and Science under Section
105.301, from the total amount of funds appropriated for allotments under
this section. 

(h)  Requires the commissioner, after deducting the amount withheld under
Subsection (g) from the total amount of funds appropriated for allotments
under this section, to reduce each district's tier one allotments in the
same manner described for a reduction in allotments under Section 42.253
and to allocate funds to each district accordingly.  Provides that a
reduction made under this subsection to an allotment does not affect the
computation of students in weighted average daily attendance for purposes
of Subchapter F. 

SECTION 2.  Amends Section 105.301, Education Code, by amending Subsection
(e) and (f), as follows: 

(e)  Provides that the academy is not subject to the provisions of this
code, or to the rules of the Texas Education Agency (TEA), regulating
public schools, except that for each student enrolled, the academy is
entitled to allotments from the foundation school program under Chapter 42
as if the academy were a school district without a tier one local share
for purposes of Section 42.253, rather than except that the academy has a
local share applied that is equivalent to the local fund assignment of the
Denton Independent School District.   

(f)  Requires the portion of the allotments that exceeds that amount to be
funded by funds withheld by the commissioner under Section 42.156(g), for
purposes of Subsection (e)(3), if in any academic year the amount of the
allotments to the academy from the foundation school  program exceed
$366,825. 

SECTION 3.  Provides that Section 105.301(e), Education Code, as amended
by this Act, applies beginning with the 2003-2004 academic year. 

SECTION 4.  Effective date: September 1, 2003.