H.R. No. 1859
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 78th Legislature, Regular Session, 2003, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 3459, relating to fiscal
matters involving certain governmental educational entities,
including public school finance, program compliance monitoring by
the Texas Education Agency, amounts withheld from and the use of
compensatory education allotments, the public school technology
allotment, the accounting for the permanent school fund, employee
benefits provided by certain educational entities, the uses of the
telecommunications infrastructure fund, and participation in a
multijurisdiction lottery game, to consider and take action on the
following matter:
House Rule 13, Section 9(a)(4), is suspended to permit the
committee to add SECTIONS 5, 28, 43, 44, 45, 59, 68, 69, 73, 74, 78,
and 79 to read as follows:
SECTION 5. Section 11.151, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) A school district may request the assistance of the
attorney general on any legal matter. The district must pay any
costs associated with the assistance.
SECTION 28. (a) Sections 41.0021(a) and (b), Education
Code, are amended to read as follows:
(a) Notwithstanding Section 41.002, for the [2001-2002,
2002-2003, and] 2003-2004 school year [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, 2004.
(b) This section prevails over any other Act of the 78th
Legislature, Regular Session, 2003, amending Sections 41.0021(a)
and (e), Education Code.
SECTION 43. Section 822.001, Government Code, is amended by
adding Subsections (c) through (f) to read as follows:
(c) Membership in the retirement system begins on the 91st
day after the first day a person is employed.
(d) A person who is reemployed after withdrawing
contributions for previous service credit begins membership on the
91st day after the first day the person is reemployed.
(e) Notwithstanding any other provision of law, a member may
establish credit only as provided by Section 823.406 for service
performed during the 90-day waiting period provided by Subsection
(c) or (d).
(f) Subsections (c), (d), and (e) and this subsection expire
September 1, 2005.
SECTION 44. Section 823.002, Government Code, is amended to
read as follows:
Sec. 823.002. SERVICE CREDITABLE IN A YEAR. (a) The board
of trustees by rule shall determine how much service in any year is
equivalent to one year of service credit, but in no case may all of a
person's service in one school year be creditable as more than one
year of service. Service that has been credited by the retirement
system on annual statements for a period of five or more years may
not be deleted or corrected because of an error in crediting unless
the error concerns three or more years of service credit or was
caused by fraud.
(b) The rules adopted by the board of trustees under
Subsection (a) must provide that the 90-day waiting periods
described by Sections 822.001(c) and (d) be applied with regard to
contributions during a member's first year of service under either
of those subsections in a manner that, to the greatest extent
possible, minimizes the cost to the retirement system. This
subsection expires September 1, 2005.
SECTION 45. Subchapter E, Chapter 823, Government Code, is
amended by adding Section 823.406 to read as follows:
Sec. 823.406. CREDIT PURCHASE OPTION FOR CERTAIN SERVICE.
(a) A member may establish membership service credit under this
section only for service performed during a 90-day waiting period
to become a member after beginning employment.
(b) A member may establish service credit under this section
by depositing with the retirement system, for each month of service
credit, the actuarial present value, at the time of deposit, of the
additional standard retirement annuity benefits that would be
attributable to the purchase of the service credit under this
section, based on rates and tables recommended by the retirement
system's actuary and adopted by the board of trustees.
(c) After a member makes the deposits required by this
section, the retirement system shall grant the member one month of
equivalent membership service credit for each month of credit
approved.
(d) The retirement system shall deposit the amount of the
actuarial present value of the service credit purchased in the
member's individual account in the employees saving account.
(e) The board of trustees may adopt rules to administer this
section.
SECTION 59. Section 57.046, Utilities Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) The board shall use money in the public schools account
to:
(1) to the extent directed in the General
Appropriations Act, fund the technology allotment under Section
32.005, Education Code; and
(2) award grants and loans in accordance with this
subchapter to fund:
(A) [(1)] equipment for public schools,
including computers, printers, computer labs, and video equipment;
and
(B) [(2)] intracampus and intercampus wiring to
enable those public schools to use the equipment.
(c) 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).
(d) In addition to the purposes for which the qualifying
entities account may be used, the board may use money in the account
to award grants to the Health and Human Services Commission for
technology initiatives of the commission.
SECTION 68. Notwithstanding any conflicting provision of
H.B. No. 1, Acts of the 78th Legislature, Regular Session, 2003, the
guaranteed level of state and local funds per weighted student per
cent of tax effort is $25.81. This subsection does not affect a
school district's entitlement to any additional revenue under H.B.
No. 1, Acts of the 78th Legislature, Regular Session, 2003.
SECTION 69. Of the amounts appropriated by H.B. No. 1, Acts
of the 78th Legislature, Regular Session, 2003, to the Texas
Education Agency under Strategy A.1.2, FSP - Equalized Facilities,
for purposes of the existing debt assistance program under
Subchapter B, Chapter 46, Education Code, the commissioner of
education may, in the fiscal year ending August 31, 2005, use an
amount not to exceed $20 million for purposes of the instructional
facilities allotment under Subchapter A, Chapter 46, Education
Code.
SECTION 73. Section 822.001, Government Code, as amended by
this Act, and Section 823.406, Government Code, as added by this
Act, apply only to a person who is first employed on or after the
effective date of this Act and to a former employee who has
withdrawn retirement contributions under Section 822.003,
Government Code, and is reemployed on or after the effective date of
this Act.
SECTION 74. The requirements of Section 823.002(b),
Government Code, as added by this Act, apply to persons whose
employment begins on or after the effective date of this Act. The
board of trustees of the Teacher Retirement System of Texas shall
adopt rules implementing the requirements of that subsection as
soon as practicable after the effective date of this Act.
SECTION 78. Chapter 466, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME
Sec. 466.451. MULTIJURISDICTION AGREEMENT AUTHORIZED. The
commission may enter into a written agreement with the appropriate
officials of one or more other states or other jurisdictions,
including foreign countries, to participate in the operation,
marketing, and promotion of a multijurisdiction lottery game or
games. The commission may adopt rules relating to a
multijurisdiction lottery game or games.
Sec. 466.452. REVENUE FROM MULTIJURISDICTION LOTTERY. (a)
Except as provided by this section, revenue received from the sale
of tickets in this state for a multijurisdiction lottery game is
subject to Subchapter H.
(b) The commission may deposit a portion of the revenue
received from the sale of multijurisdiction lottery game tickets in
this state into a fund shared with other parties to an agreement
under this subchapter for the payment of prizes awarded in
multijurisdiction lottery games in which the commission
participates. The commission may retain that revenue in the fund
for as long as necessary to pay prizes claimed during the period
designated for claiming a prize in the multijurisdiction lottery
game.
Sec. 466.453. PAYMENT OF COSTS AUTHORIZED. The commission
may share in the payment of costs associated with participating in
multijurisdiction lottery games.
SECTION 79. (a) As soon as practicable after the effective
date of this Act, the Texas Lottery Commission shall adopt the rules
necessary to implement multijurisdiction lottery games in
accordance with Subchapter J, Chapter 466, Government Code, as
added by this Act.
(b) The Texas Lottery Commission may adopt an emergency rule
under Subsection (a) of this section without prior notice or
hearing, or with any abbreviated notice and hearing as the
commission finds practicable, for the implementation of the change
in law made by Subchapter J, for multijurisdiction lottery games,
Chapter 466, Government Code. Section 2001.034, Government Code,
does not apply to an emergency rule adopted under this section.
(c) Notwithstanding any law to the contrary, including any
law enacted during the 78th Legislature, Regular Session, 2003, to
promptly implement Subchapter J, Chapter 466, Government Code, as
added by this Act, a contract for the acquisition or provision of
facilities, supplies, equipment, materials, or services related to
the initial operation of multijurisdiction lottery games under
these subchapters is not subject to:
(1) Subtitle D, Title 10, Government Code;
(2) Section 466.101, Government Code;
(3) Chapter 2161, Government Code; or
(4) any competitive bidding requirements or contract
requirements provided by any other law or by rules of the Texas
Lottery Commission.
Explanation: These additions are necessary to permit a
school district to request the assistance of the attorney general,
to provide for determining the wealth per student of certain school
districts, to administer the state retirement system, including
delaying participation in the state retirement system until the
91st day after employment with the state, to permit the awarding of
certain grants to the Health and Human Services Commission for
technology initiatives, to provide that the guaranteed level of
state and local funds per weighted student per cent of tax effort is
$25.81, to permit the commissioner of education to use certain
funds for purposes of the instructional facilities allotment under
Subchapter A, Chapter 46, Education Code, and to permit the Texas
Lottery Commission to participate in a multijurisdiction lottery
game or games.
Pitts
______________________________
Speaker of the House
I certify that H.R. No. 1859 was adopted by the House on June
1, 2003, by a non-record vote.
______________________________
Chief Clerk of the House