79(1) HB1 - 2nd reading F1 (S)






	

Amend CSHB 1 (Senate committee printing) as follows:                         

	(1)   In SECTION 1(b) of the bill, on page 3, line 36, Rider 

97 is amended to read as follows:

	Rider 97.  Contingency Appropriation:  House Bill 2 and House 

Bill 3. (a)  Contingent on passage and enactment of House Bill 2 or 

similar legislation relating to public school finance, and House 

Bill 3 or similar Legislation relating to the reduction of local 

school district property taxes and increasing state revenues by the 

79th Legislature, First Called Session, 2005, there is hereby 

appropriated out of the General Revenue Fund $1,787,800,000 for the 

2006-07 biennium to implement the provisions of the bills 

increasing total revenue for the operation of local school 

districts and for the provision of textbooks.  Included in the 

contingency amount specified is $25 million in each year of the 

biennium to increase allocations to school districts in the 

Instructional Facilities Allotment.  Also contingent on passage and 

enactment of House Bill 3 or similar legislation by the 79th 

Legislature, First Called Session, 2005, all additional state 

revenue that is received during the 2006-07 biennium that as 

estimated by the comptroller is attributable to changes in law made 

by House Bill 3 or by similar legislation and that may be spent for 

purposes of the Foundation School Program is appropriated to the 

Texas Education Agency for the 2006-07 biennium; however, such 

appropriations shall not exceed amounts necessary to provide state 

aid to school districts in an amount commensurate, as determined by 

the Legislative Budget Board, with the loss in local revenue 

associated with tax rate reduction.  The Legislative Budget Board 

is directed to make all necessary adjustments to public education 

agencies, strategies, methods of finance, measures and riders 

necessary to implement the legislation.  The Texas Education Agency 

shall develop a plan subject to approval by the Legislative Budget 

Board and the Governor, as needed to implement the bill.

	(b)  Included in Strategy A.1.2 Equalized Facilities is $50 

million for the purpose of new issuances under the Instructional 

Facilities Allotment.

	(2)  In SECTION 1(b) of the bill, on page 3, line 61, Rider 98 

is amended to read as follows:

	Rider 98. Necessary Adjustments.  For the purposes of 

delineating the appropriation authority and expenditure 

requirements for the Texas Education Agency for the 2006-07 

biennium, the Legislative Budget Board is hereby directed to make 

necessary adjustments to the provisions above, such as allocation 

of appropriated funds among strategies and methods of finance, and 

to rider provisions contained in Senate Bill 1, 79th Legislature, 

Regular Session, 2005.

	(3)   In SECTION 1(b) of the bill, on page 3, after line 67, 

new Rider 99 is added to read as follows:

	Rider 99.  Funding for Technology Grants.  The Texas 

Education Agency may expend funds on technology grants, pursuant  

to Texas Education Code § 32.008 as authorized by House Bill 2, or 

similar legislation by the 79th Legislature, only if additional 

funds are released to the corpus of the Permanent School Fund from 

the General Land Office and are made available to the Texas 

Education Agency for expenditure during the 2006-07 biennium.   The 

amount of funds that may be spent on the technology grants in the 

2006-07 biennium shall be limited to the lesser of the amount of 

funds made available by the increased General Land Office 

contribution or $65 million.

	(4)  In SECTION 1 of the bill, on page 4, between lines 54 and 

55, new subsections (d) and (e) are added to read as follows:

	(d)  Texas Education Agency Rider 69 in Article III, Senate 

Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the 

General Appropriations Act), is amended to read as follows:

	Rider 69.  [Guaranteed Yield and] Per Pupil Allotment.  Funds 

allocated above in Strategy A.1.1, FSP - Equalized Operations, 

include funds sufficient to ensure the[an increase to the 

Guaranteed Yield Program and] maintenance[, for districts not 

eligible for the Guaranteed Yield Program,] of the $110 per 

weighted student allocation authorized in Rider 82, page III-23, 

2003 General Appropriations Act, as modified by House Bill 3459.



[a.  Pursuant to Texas Education Code § 42.302, the Guaranteed Yield 

per weighted student per penny of tax effort is hereby set at $29.12 

in fiscal year 2006 and at $29.85 in fiscal year 2007.]



[b.  School districts not receiving state aid as provided in 

subsection (a) are hereby entitled to receive an allocation of 

General Revenue to maintain per pupil funding levels pursuant to 

the $110 per WADA allocation authorized in Rider 82, page III-23, 

General Appropriations Act, 2003, as they received in the 2004-05 

biennium.



e.]  The total amount of payment under this section is subject to 

reduction to the extent that districts not otherwise entitled to 

state aid from the Foundation School Fund receive a benefit from the 

change in the distributions from the Available School Fund caused 

by the adoption of amendments to the Texas Constitution, Article 

VII, § 5, at the election held September 13, 2003.



The Texas Education Agency shall develop and promulgate rules as 

necessary to carry out this provision.  Such rules are subject to 

prior approval by the Legislative Budget Board and the Governor.

	(e)  Texas Education Agency Rider 69 in Article III, Senate 

Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the 

General Appropriations Act), is amended to read as follows:

	Rider 78.  Textbook Proclamations.  It is the intent of the 

Legislature that the State Board of Education forego the issuance 

of all Proclamations of textbook purchases until such time as the 

Legislature has implemented reforms to the system by which the 

state and school districts procure and purchase textbooks.

	Contingent upon passage and enactment of House Bill 2, or 

similar legislation relating to public school finance by the 79th 

Legislature, First Called Session, 2005, it is the intent of the 

Legislature that the State Board of Education rescind Proclamation 

2004 and conduct activities related to instructional materials in 

accordance with the provisions of House Bill 2.

	(5)  On page 5 of the bill, Amend SECTION 2(b)(1) to make 

reference to Section 2(a)(1) instead of 3(a)(1).

	(6)  On page 5 of the bill, SECTION 3 is amended to read as 

follows:         

	SECTION 3.  EFFECTIVE DATE.  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, and appropriations are available to meet funding 

needs of the Texas Education Agency in fiscal years 2005, 2006, and 

2007 as determined by the Legislative Budget Board.  If this Act 

does not receive the vote necessary for immediate effect, this Act 

takes effect on the 91st day after the last day of the legislative 

session.