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Suspending limitations on conference committee
jurisdiction, H.B. No. 3459
By: Bivins S.R. No. 1046
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, Regular Session, 2003, That the Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill No. 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:
Senate Rule 12.03(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 (e), 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 1, 2003, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate