SRC-VRA H.B. 3459 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3459
By: Pitts (Bivins)
Finance
5/20/2003
Engrossed


DIGEST AND PURPOSE 

Due to the current budget shortfall,  state agencies and institutions of
higher education were asked to prioritize spending based on core functions
and essential services.  Legislators looked to these priorities in
preparation of the budget; however, certain statutory changes are also
needed to conform with appropriations levels in the 2004-05 General
Appropriations Act.  H.B. 3459 authorizes these statutory changes for the
education agencies listed under Article III of the 2004-05 General
Appropriations Act.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Commissioner of Education
in SECTION 6 (Section 21.413, Education Code), and SECTION 40 of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer:  Chapters 41 (Equalized Wealth Level), 42
(Foundation School program), and 46 (Assistance with Instructional
Facilities and Payment of Existing Debt); and Section 45.002 (Maintenance
Taxes), Education Code. 
 
SECTION 2.  Amends Chapter 4, Education Code, by adding Section 4.003, as
follows: 
 
Sec. 4.003.  STATE RESPONSIBILITY FOR PROVISION OF PUBLIC EDUCATION. (a)
Provides that 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)  Requires the public school finance system of this state to 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)  Provides that it is the policy of this state that not later than
September 1, 2007, the legislature must 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.  Provides that Sections 1 and 2 of this Act take effect
September 1, 2004, but only if, before that date, certain conditions
exist. 
 
SECTION 4.  Amends Subchapter B, Chapter 7, Education Code, by adding
Section 7.027, as follows: 
 
Sec. 7.027.  LIMITATION ON COMPLIANCE MONITORING.  (a) Requires the Texas
Education Agency (TEA),  except as provided by Section 29.001(5), 39.074,
or 39.075, to monitor compliance with requirements applicable to a process
or program provided by a school district, campus, program, or school
granted charters under Chapter 12, including the  process described by
Subchapter F, Chapter 11, or a program described by Subchapter A, B, C, D,
E, F, H, or I, Chapter 29, or Section 38.003, and the use of funds
provided for such a program under Subchapter C, Chapter 42, only as
necessary to ensure that certain criteria are met. 
  
(b)  Provides that the board of trustees of a school district or the
governing body of an open-enrollment charter school has primary
responsibility for ensuring that the district or school complies with all
applicable requirements of state educational programs. 
 
SECTION 5.  Amends Section 8.051(d), Education Code, to authorize, rather
than require, each regional education service center to maintain core
services for purchase by school districts and campuses.  
 
SECTION 6.  Amends Subchapter I, Chapter 21, Education Code, by adding
Section 21.413, as follows: 
 
Sec. 21.413.  CLASSROOM SUPPLY REIMBURSEMENT PROGRAM.  (a)  Requires the
commissioner of education (commissioner) to 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. Requires a school district to
match any funds provided to the district under the reimbursement program
with local funds to be used for the same purpose. 
 
(b)  Requires the commissioner to adopt rules for the local allocation of
funds provided to a school district under the reimbursement program.
Requires a school district to 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.  Prohibits a school district from using funds
received under the reimbursement program to replace local funds used by
the district for the same purpose. 
 
(c)  Requires the commissioner to 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)  Requires the commissioner to establish the reimbursement program for
implementation beginning not later than the 2005-2006 school year.
Authorizes the commissioner to 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. 
 
SECTION 7.  Amends Section 29.001, Education Code, to require TEA's
statewide design plan to allow TEA to effectively monitor and periodically
conduct site visits of all school districts to ensure that districts are
complying with federal law and regulations and those state laws and rules
necessary to carry out federal and state law and regulations relating to
special education, rather than to ensure that rules adopted under this
section are applied in a consistent and uniform manner. 

SECTION 8.  Amends Sections 29.010(a) and (c), Education Code, as follows:
 
(a)  Requires TEA to adopt and implement a comprehensive system for
monitoring school district compliance with federal and state law and
regulations and state requirements necessary to carry out federal laws and
regulations relating to special education.    

(c)  Requires TEA to develop and implement a system of sanctions for
school districts whose most recent monitoring visit shows a failure to
comply with major requirements of the Individuals with Disabilities
Education Act (20 U.S.C. Section 1400 et seq.), federal law or
regulations, or state requirements necessary to carry out federal law or
regulations relating  to special education. 
 
SECTION 9.  Amends Sections 29.062(a) and (e), Education Code, as follows:
 
(a)   Requires TEA, in accordance with the policy of the state, to
evaluate the effectiveness of programs under this subchapter based on the
results of assessment instruments, including those required under
Subchapter B, Chapter 39.  Authorizes the agency to combine evaluations
under this section with federal accountability measures concerning
students of limited English proficiency, rather than monitor compliance
with state rules by inspecting each school district and open-enrollment
charter school on-site at least every three years. 
 
(e)  Requires TEA, if a school district or open-enrollment charter school
fails to satisfy appropriate standards adopted by the commissioner for
purpose of Subsection (a) to apply sanctions, which may include the
removal of accreditation, loss of foundation school funds, or both. 
 
SECTION 10.  Amends Section 31.021(b), Education Code, to delete
Subdivision 2 relating to a requirement to provide an allotment to be
distributed to each district equal to $30 per student in average daily
attendance, or a greater amount for any year provided by appropriation. 
 
SECTION 11.  Amends Section 31.103(b), Education Code, to require the
commissioner,  as made necessary by available funds, to reduce the
additional percentage of attendance for which a district or school may
requisition textbooks.  Authorizes the commissioner, on application of a
district or school that is experiencing high enrollment growth, to
increase the additional percentage of attendance for which the district or
school may requisition textbooks. 
 
SECTION 12.  Amends Subchapter A, Chapter 32, Education Code, by adding
Section 32.005, as follows: 
 
Sec. 32.005.  TECHNOLOGY ALLOTMENT.  (a)  Provides that each school
district is entitled to an allotment of $35 for each student in average
daily attendance or a different amount for any year provided by
appropriation. 
 
(b)  Authorizes an allotment under this section to be used only to meet
certain requirements. 
  
  (c)  Authorizes the allotment under this section to be paid from certain
funds. 

SECTION 13.  Amends Section 39.023(e), Education Code, to require TEA,
under rules adopted by the State Board of Education, every other year, to
release the questions and answer keys to each assessment instrument
administered under Subsection (a), (b), (c), (d), or (l) after the last
time the instrument is administered for that school year. 
 
SECTION 14.  Amends Section 39.031(a), Education Code, to require the cost
of preparing, administering, or grading the assessment instruments to be
paid from foundation school fund allotments other than funds allotted
under Section 42.152, and each district to bear the cost in the same
manner described for a reduction in allotments under Section 42.253.
Deletes text requiring the commissioner to subtract the cost from the
district's other foundation school fund allotments. 
 
SECTION 15.  Amends Sections 41.0021(a) and (e), Education Code, as
follows: 
 
(a)  Authorizes a school district, notwithstanding Section 41.002, for the
2003-2004 and 2004-2005, rather than 2001-2002, 2002-2003 and 2003-2004
school years, that in the 19992000 school year did not offer each grade
level from kindergarten through 12, to elect to have its wealth per
student determined under this section. 
 
 (e)  Provides that this section expires September 1, 2005, rather than
2004. 
 
SECTION 16.  Amends Sections 42.152(i)-(l), (n), and (p), Education Code,
as follows: 
 
(i)  Authorizes, rather than requires, the commissioner each fiscal year,
from the total amount of funds appropriated for allotments under this
section, to withhold an amount as  determined in the General
Appropriations Act and distribute that amount for programs under
Subchapter A, Chapter 33, rather than $7,500,000 or a greater amount.
Makes a nonsubstantive change. 
 
(j)  Requires the commissioner to coordinate any funds withheld under
Subsection (i) and any other funds available for the program and to
distribute those funds.   Requires a school district to apply to the
commissioner to receive available funds for the program.  Requires the
commissioner, in distributing any funds under this subsection,  to give a
preference to the districts that apply that have the highest concentration
of at-risk students. 
 
 (k)  Makes a nonsubstantive change.
 
(l)  Authorizes, rather than requires, the commissioner each fiscal year,
from the total amount of funds appropriated for allotments under this
section, to withhold an amount not more than $2.5 million for transfer to
the investment capital fund under Section 7.024. 
 
 (n)  Makes a nonsubstantive change.
 
 (p)  Authorizes, rather than requires, the commissioner to perform
certain actions. 
 
SECTION 17.  Amends Subchapter E, Chapter 42, Education Code, by adding
Section 42.2516, as follows: 
 
Sec. 42.2516.  ADDITIONAL AID FOR 2003-2004 AND 2004-2005 SCHOOL YEARS.
(a)  Provides that 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)  Provides that a school district that is otherwise ineligible for
state aid under this chapter is entitled to state aid under this section.
Provides that 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 certain benefits. 
 
(c)  Provides that in addition to any aid established by Subsection (a),
for the 20032004 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 by a specific formula. 
 
(d)  Provides that 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.  Provides that for the 2003-2004 school year, a
school district must 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.  Prohibits a district employee
from bringing 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 20022003 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)  Provides that this section expires September 1, 2005.
 
SECTION 18.  Amends Subchapter E, Chapter 42, Education Code, by adding
Section 42.2517, as follows: 
 
Sec. 42.2517.  EXCESS FUNDS FOR COST OF EDUCATION ADJUSTMENT.  (a)
Authorizes the commissioner to perform certain actions, 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. 
  
(b)  Requires the commissioner, 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), to rank districts by the increase
in the cost of education adjustment applicable to each district under this
section and to 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. 
 
SECTION 19.  Amends Section 42.253(b), Education Code, to delete text
prohibiting the sum of the reductions under this subsection from being
greater than the amount necessary to fully fund the entitlement of each
district. 
 
SECTION 20.  Amends Section 42.259, Education Code, by adding Subsection
(g) to provide that notwithstanding Subsections (c)(8) and (d)(3), the
payment from the foundation school fund to a category 2 school district or
category 3 school district for August 2005 must be made after September 5,
2005, but not later than September 10, 2005.  Provides that this
subsection expires September 15, 2005. 
 
SECTION 21.  Amends Section 43.001(b), Education Code, to add new language
to Subdivision (1) relating to interest and dividends arising from any
securities or funds belong to the permanent school fund. 

SECTION 22.  Amends Chapter 43, Education Code, by adding Section 43.020,
as follows: 
 
Sec. 43.020.  TREATMENT OF ACCRUED INCOME.  Requires all interest and
dividends accruing from the investments of the permanent school fund to be
deposited to the credit of the available school fund in accordance with
the accrual basis of accounting.  Provides that funds recognized under
this section are considered part of the available school fund and
authorizes them to be appropriated as provided by Section 5, Article VII,
Texas Constitution. 
 
SECTION 23.  Amends Section 46.033, Education Code, to change the date
specified in Subdivision (1) from 2000-2001 to 2002-2003. 
 
SECTION 24.  Amends Section 46.034, Education Code, by amending Subsection
(c) and adding Subsections (d) and (e), as follows: 
 
 (c)  Makes a conforming change.
 
(d)  Provides that 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.  Provides that the guaranteed level for eligible debt
through the 2000-2001 school year is not affected by this adjustment.
Requires the commissioner to make this determination as soon as
practicable, prior to the beginning of the school year.  Provides that the
decision of the commissioner is final and may not be appealed. 
 
 (e)  Provides that subsection (d) and this subsection expire September 1,
2005. 
 
SECTION 25.  Amends Section 53.47(a)(6), Education Code, to redefine
"qualified nonprofit corporation." 
 
SECTION 26.  Amends Section 53.47, Education Code, by adding Subsection
(l), as follows: 
 
(l)  Authorizes the governing body of a city by ordinance or resolution to
authorize the incorporation of a nonprofit corporation under this chapter
to act on behalf of the city as its  duly constituted instrumentality for
the purpose of exercising the powers set forth in this subsection.
Provides that on approval by the city, the nonprofit corporation is
authorized to issue its revenue bonds and to loan the proceeds of the
bonds to an entity that has assumed the outstanding bond obligations of a
nonprofit corporation, such loan being for the limited purpose of
refunding the outstanding bonds.  Provides that in issuing the bonds, the
nonprofit corporation is considered to be acting on behalf of the city by
which it was created.  Requires the bonds to be refunded to have been
originally issued as "qualified scholarship funding bonds," as defined by
Section 150(d)(2), Internal Revenue Code of 1986, as amended, by a
nonprofit corporation that was acting pursuant to Subsection (f) and that
subsequently made the election permitted under Section 150(d)(3), Internal
Revenue Code of 1986, as amended. Requires any refunding bonds to be
solely the obligation of the nonprofit corporation and not be or
constitute a debt or obligation of the city.  Requires the ordinance or
resolution of the city authorizing the incorporation of the corporation to
approve the articles of incorporation and any amendments to the articles
of incorporation. Provides that on dissolution of the corporation, title
to all property owned by the corporation must be vested in and become the
property of the city.  Authorizes a corporation to be incorporated under
this chapter by filing its articles of incorporation with the secretary of
state in the manner prescribed for the incorporation of nonprofit
corporations under the Texas Non-Profit Corporation Act (Article 1396-1.01
et seq., V.T.C.S.).  Provides that on filing of the articles of
incorporation, the secretary of state must issue a certificate of
incorporation showing that the corporation is incorporated under this
chapter.  Provides that except to the extent provided by this section,
Sections 53.131, 53.14, 53.15, 53.31, 53.32, 53.35(a), and 53.39 apply to
and govern such corporation and its procedures and bonds.  Provides that
in addition to the specific powers granted under this subsection, the
corporation must have all powers granted under the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., V.T.C.S.) that are necessary,
incidental, or subordinate in carrying out the purposes authorized in this
subsection. 
 
SECTION 27.  Amends Section 62.025, Education Code, by amending Subsection
(a) and adding Subsections (g) and (h), as follows: 
 
 (a)  Makes a conforming change.
  
(g)  Prohibits the comptroller from making the deposit required by
Subsection (a)(2) in a fiscal year if certain conditions exist. 
 
(h)  Requires the comptroller to make the deposit required by Subsection
(a)(1) to the Texas excellence fund not later than November 1 of each
fiscal year even if a deposit is not made to the higher education fund
under Subsection (a)(2). 
 
SECTION 28.  Amends Subchapter I, Chapter 88, Education Code, by adding
Sections 88.703 and 88.704, as follows: 
 
Sec. 88.703.  SUNSET PROVISION.  Provides that the Texas Veterinary
Medical Diagnostic Laboratory is subject to Chapter 325, Government Code
(Texas Sunset Act). Provides that unless continued in existence as
provided by that chapter, the laboratory is abolished and this subchapter
expires September 1, 2007. 
 
Sec. 88.704.  FEES.  Authorizes the Texas Veterinary Medical Diagnostic
Laboratory to charge and collect fees for goods and services the
laboratory provides to any person, including a governmental entity. 
 
SECTION 29.  Amends Section 264.756(a), Family Code, to delete text
authorizing the formula to provide for the reduction of funds annually
contributed by the state to a local program by an amount not more than 50
percent of the amount contributed by the state for the first year of the
program and savings accomplished through the implementation of the formula
to be used to extend services to counties and municipalities currently not
served by a local program or to extend services to counties and
municipalities currently served by an existing local program. 
 
SECTION 30.  Amends, effective September 1, 2003, Section 1575.203(a),
Insurance Code, as effective June 1, 2003, to require each active employee
each state fiscal year, to contribute to the fund an amount equal to 0.5,
rather than 0.25, percent of the employee's salary. 
  
SECTION 31.  Amends, effective September 1, 2004, Section 1575.203(a),
Insurance Code, as effective June 1, 2003, to require each active employee
each state fiscal year, as a condition of employment, to contribute to the
fund an amount equal to 0.75, rather 0.25, percent of the employee's
salary. 
 
SECTION 32.  Amends Section 1601.104(c), Insurance Code, as effective June
1, 2003, to provide that automatic coverage as described under this
section begins on the 90th day after the employee's first date of
employment. 
 
SECTION 33.  Amends Subchapter E, Chapter 1601, Insurance Code, as
effective June 1, 2003, by adding Section 1601.2071, as follows: 
 
Sec. 1601.2071.  NEW EMPLOYEE WAITING PERIOD.  Prohibits a system from
contributing an amount to the cost of coverage under this chapter to an
employee before the 90th day after the employee's first date of
employment. 
 
SECTION 34.  Amends Section 2, Article 3.50-8, Insurance Code,  by
amending Subsections (a) and (c) and adding Subsection (e), as follows: 
 
(a)  Requires the trustee, each year, to deliver to each school district,
including a school district that is ineligible for state aid under Chapter
42, Education Code, each other educational district that is a member of
the Teacher Retirement System of Texas, each participating charter school,
and each regional education service center state funds in an amount, as
determined by the trustee, equal to certain criteria. 
 
(c)  Provides that the monthly installments are payable during the first
week of the month following the month in which the active employees were
employed. 
 
(e)  Defines "full-time active employee, "part-time active employee," and
"professional employee." 
 
SECTION 35.  Amends Article 3.50-8, Insurance Code, by adding Section 2A,
as follows: 
 
Sec. 2A.  WAITING PERIOD.  Provides that an employee is not eligible for
health coverage or compensation supplementation under this article until
the 90th day after the date the employee is employed by a school district,
other educational district, participating charter school, or regional
education service center. 
 
SECTION 36.  Amends Section 57.046, Utilities Code, by amending Subsection
(a) and adding Subsection (c), as follows: 
 
 (a)  Adds a new Subdivision (1) to existing text.
  
(c)  Provides that Section 57.047(d) does not apply to the use of money in
the public schools account for the purpose specified by Subsection (a)(1). 
 
SECTION 37.  (a)  Authorizes the commissioner, notwithstanding any other
provision of law, to contract for the performance of or delegate all or
part of the duties assigned to the commissioner or the Texas Education
Agency under the Texas Driver and Traffic Safety Education Act (Article
4413(29c), V.T.C.S.) and Section 29.902, Education Code, to a private or
public entity in accordance with this section. 
 
(b)  Requires the commissioner to enter into a written agreement that
describes the responsibilities of the commissioner and agency and the
entity to which a function is delegated or contracted. 
 
(c)  Provides that any rule of the commissioner enacted under the Texas
Driver and Traffic Safety Education Act remains in effect after a
delegation or contract authorized under this section until amended by the
commissioner.  Requires any investigation, sanction, fine, or
administrative or judicial proceeding in progress on the date of
delegation or effective date of a contract to continue in effect without
regard to the delegation or contract.  Requires any fees due under the
Texas Driver and Traffic Safety Education Act to be deposited to the
credit of the Texas Education Agency and used to support activities of the
agency and to pay reasonable expenses of the entity to which a function is
delegated or contracted under this section. 
 
(d)  Provides that an entity to which authority under the Texas Driver and
Traffic Safety Education Act or Section 29.902, Education Code, is
delegated is considered a state agency for purposes of immunity. 
 
(e)  Authorizes the commissioner to make rules to implement this section.
Provides that a reference in other law to the commissioner of education or
the Texas Education Agency with regard to duties or actions under the
Texas Driver and Traffic Safety Education Act or Section 29.902, Education
Code, must mean an entity delegated or contracted a function by the
commissioner to the extent necessary to implement the delegation or
contract. 

SECTION 38.(a)  Repealer:  Sections 8.051(a), 8.121, and 53.47(k),
Education Code. 
 
  (b)  Repealer: Section 1575.204, Insurance Code, as effective June 1,
2003. 
 
SECTION 39.  Requires the comptroller, effective September 1, 2003, to
transfer $42 million from the Texas school employees uniform group
coverage trust fund established under Section 8, Article 3.50-7, Insurance
Code, to the retired school employees group insurance fund described by
Subchapter G, Chapter 1575, Insurance Code, as effective June 1, 2003, to
compensate the retired school employees group insurance fund for money
transferred from that fund under Section 4.01, Chapter 1187, Acts of the
77th Legislature, Regular Session, 2001. 
 
SECTION 40.  (a)  Provides that 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)  Authorizes a school district that, notwithstanding the repeal by
Section 1 of this Act of Chapters 41, 42, and 46, Education Code, and
Section 45.002, Education Code, 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, to 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 provides that the
former law is continued in effect for that purpose.  Authorizes the
commissioner of education to adopt rules to implement this subsection. 
 
(c)  Provides that 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 perform
certain tasks. 
  
(d)  Provides that 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 41.  Requires the commissioner of education to 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. 
 
 SECTION 42.  Makes application of the change in law made by this Act to
Section 2, Article 3.50-8, Insurance Code, prospective to September 1,
2003. 
 
SECTION 43.  Effective date:  upon passage or September 1, 2003.