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Amend CSHB 2 as follows:
(1) Strike Parts A and B, Article 1, of the bill and
substitute the following:
PART A. EDUCATION FUNDING
SECTION 1A.01. Section 42.005(a), Education Code, is
amended to read as follows:
(a) In this chapter, average daily attendance is:
(1) the quotient of the sum of attendance for each day
of the minimum number of days of instruction as described under
Section 25.081(a) divided by the minimum number of days of
instruction; [or]
(2) for a district that operates under a flexible year
program under Section 29.0821, the quotient of the sum of
attendance for each actual day of instruction as permitted by
Section 29.0821(b)(1) divided by the number of actual days of
instruction as permitted by Section 29.0821(b)(1); or
(3) for a district that operates under a flexible
school day program under Section 29.0822, the sum of:
(A) average daily attendance as determined under
Subdivision (1), for students who are not served under Section
29.0822; and
(B) the average daily attendance as calculated by
the commissioner in accordance with Section 29.0822(d), for
students served under Section 29.0822.
SECTION 1A.02. Effective September 1, 2005, Section 42.101,
Education Code, is amended to read as follows:
Sec. 42.101. BASIC ALLOTMENT. For each student in average
daily attendance, not including the time students spend each day in
special education programs in an instructional arrangement other
than mainstream or career and technology education programs, for
which an additional allotment is made under Subchapter C, a
district is entitled to an allotment of $2,800 [$2,537]. A greater
amount for any school year may be provided by appropriation.
SECTION 1A.03. Effective September 1, 2006, Section 42.101,
Education Code, is amended to read as follows:
Sec. 42.101. BASIC ALLOTMENT. For each student in average
daily attendance, not including the time students spend each day in
special education programs in an instructional arrangement other
than mainstream or career and technology education programs, for
which an additional allotment is made under Subchapter C, a
district is entitled to an allotment of $3,100 [$2,537]. A greater
amount for any school year may be provided by appropriation.
SECTION 1A.04. Section 42.102(b), Education Code, is
amended to read as follows:
(b) The cost of education adjustment is the cost of
education index adjustment adopted by the foundation school fund
budget committee and contained in Chapter 203, Title 19, Texas
Administrative Code, as that chapter existed on March 26, 1997. The
commissioner shall modify the adjustment in a cost neutral manner
to provide for the equal application of the adjustment to each of
the two tiers of the foundation school program.
SECTION 1A.05. Effective September 1, 2005, Section 42.152,
Education Code, is amended by amending Subsections (a) and (t) and
adding Subsection (c-3) to read as follows:
(a) For each student who is educationally disadvantaged or
who is a student who does not have a disability and resides in a
residential placement facility in a district in which the student's
parent or legal guardian does not reside, a district is entitled to
an annual allotment equal to the adjusted basic allotment
multiplied by 0.225 [0.2], and by 2.41 for each full-time
equivalent student who is in a remedial and support program under
Section 29.081 because the student is pregnant.
(c-3) Notwithstanding Subsection (c), a school district may
use funds allocated under this section to provide Saturday classes
for third grade students who fail to perform satisfactorily on an
assessment instrument administered under Section 39.023.
(t) A reduction made under this section, Section 39.031, or
the General Appropriations Act in the allotment under this section
does not affect the computation of students in weighted average
daily attendance for purposes of Subchapter F. The reduction in the
allotment under this section shall be applied in the same manner to
districts that receive state aid under this chapter and districts
that make payments under Chapter 41.
SECTION 1A.06. Effective September 1, 2006, Section
42.152(a), Education Code, is amended to read as follows:
(a) For each student who is educationally disadvantaged or
who is a student who does not have a disability and resides in a
residential placement facility in a district in which the student's
parent or legal guardian does not reside, a district is entitled to
an annual allotment equal to the adjusted basic allotment
multiplied by 0.25 [0.2], and by 2.41 for each full-time equivalent
student who is in a remedial and support program under Section
29.081 because the student is pregnant.
SECTION 1A.07. Section 42.153(a), Education Code, is
amended to read as follows:
(a) For each student in average daily attendance in a
bilingual education or special language program under Subchapter B,
Chapter 29, a district is entitled to an annual allotment equal to
the adjusted basic allotment multiplied by 0.15 [0.1].
SECTION 1A.08. Section 42.154(a), Education Code, is
amended to read as follows:
(a) For each full-time equivalent student in average daily
attendance in an approved career and technology education program
in grades [nine through 12 or in career and technology education
programs for students with disabilities in grades] seven through
12, a district is entitled to an annual allotment equal to the
adjusted basic allotment multiplied by a weight of 1.35.
SECTION 1A.09. Section 42.155, Education Code, is amended
by adding Subsection (l) to read as follows:
(l) Beginning with the 2005-2006 school year, the allotment
per mile of approved route shall be at least 35 percent higher than
the allotment per mile of approved route for the 2004-2005 school
year.
SECTION 1A.10. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.159 to read as follows:
Sec. 42.159. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ALLOTMENT. (a) For each student in average daily attendance, a
school district is entitled to an annual allotment of $70.
(b) Funds allotted under this section may be used only to
purchase approved instructional materials, including online
instructional materials.
(c) This section applies beginning with the 2006-2007
school year. This subsection expires September 1, 2007.
SECTION 1A.11. Effective September 1, 2005, Section
42.2512(a), Education Code, is amended to read as follows:
(a) A school district, including a school district that is
otherwise ineligible for state aid under this chapter, is entitled
to state aid in an amount, as determined by the commissioner, equal
to the difference, if any, between:
(1) an amount equal to the product of $2,000 [$3,000]
multiplied by the number of classroom teachers, full-time
librarians, full-time counselors certified under Subchapter B,
Chapter 21, and full-time school nurses employed by the district
and entitled to a minimum salary under Section 21.402; and
(2) an amount equal to 80 percent of the amount of
additional funds to which the district is entitled due to the
increases made by H.B. No. 2, Acts of the 79th Legislature, 1st
Called Session, 2005 [S.B. No. 4, Acts of the 76th Legislature,
Regular Session, 1999], to:
(A) the equalized wealth level under Section
41.002;
(B) the basic allotment under Section 42.101; and
(C) the guaranteed level of state and local funds
per weighted student per cent of tax effort under Section 42.302.
SECTION 1A.12. Effective September 1, 2006, Section
42.2512(a), Education Code, is amended to read as follows:
(a) A school district, including a school district that is
otherwise ineligible for state aid under this chapter, is entitled
to state aid in an amount, as determined by the commissioner, equal
to the difference, if any, between:
(1) an amount equal to the product of $3,500 [$3,000]
multiplied by the number of classroom teachers, full-time
librarians, full-time counselors certified under Subchapter B,
Chapter 21, and full-time school nurses employed by the district
and entitled to a minimum salary under Section 21.402; and
(2) an amount equal to 80 percent of the amount of
additional funds to which the district is entitled due to the
increases made by H.B. No. 2, Acts of the 79th Legislature, 1st
Called Session, 2005 [S.B. No. 4, Acts of the 76th Legislature,
Regular Session, 1999], to:
(A) the equalized wealth level under Section
41.002;
(B) the basic allotment under Section 42.101; and
(C) the guaranteed level of state and local funds
per weighted student per cent of tax effort under Section 42.302.
SECTION 1A.13. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2513 to read as follows:
Sec. 42.2513. ADDITIONAL TRANSITIONAL AID. (a)
Notwithstanding any other provision of this chapter or Chapter 41,
a school district that imposes a maintenance and operations tax
rate of at least $1.25 per $100 valuation of taxable property is
entitled to the amount of state revenue necessary to maintain state
and local revenue per student in weighted average daily attendance
in an amount equal to the sum of:
(1) the greater of:
(A) the amount of state and local revenue per
student in weighted average daily attendance for the maintenance
and operation of the district to which the district was entitled for
the 2004-2005 school year under this chapter, or, if the district
was subject to Chapter 41, the amount to which the district was
entitled under that chapter, including any amounts the district
received under Rider 82, page III-23, Chapter 1330, Acts of the 78th
Legislature, Regular Session, 2003 (the General Appropriations
Act); or
(B) the amount of state and local revenue per
student in weighted average daily attendance for the maintenance
and operation of the district to which the district would have been
entitled for the 2005-2006 school year under this chapter, as this
chapter existed on January 1, 2005, or, if the district would have
been subject to Chapter 41 as that chapter existed on January 1,
2005, the amount to which the district would have been entitled
under that chapter, based on the funding elements in effect for the
2004-2005 school year and including any amounts described by Rider
82, page III-23, Chapter 1330, Acts of the 78th Legislature,
Regular Session, 2003 (the General Appropriations Act); and
(2) an amount equal to three percent of the greater of
the amounts described by Subdivision (1).
(b) The amount of revenue to which a school district is
entitled because of the technology allotment under Section 32.005
or the instructional materials and technology allotment under
Section 42.159 is not included in making a determination under
Subsection (a).
(c) The commissioner shall determine the amount of state
funds to which a school district is entitled under this section.
The commissioner's determination is final and may not be appealed.
SECTION 1A.14. Section 42.252(a), Education Code, is
amended to read as follows:
(a) Each school district's share of the Foundation School
Program is determined by the following formula:
LFA = TR X DPV
where:
"LFA" is the school district's local share;
"TR" is a tax rate which when multiplied by the ratio of the
actual taxable value of the property in the district for the current
tax year divided by the taxable value of property in the district
for the preceding tax year as determined under Subchapter M,
Chapter 403, Government Code, raises $0.86 for each hundred dollars
of valuation [is an effective tax rate of $0.86]; and
"DPV" is the taxable value of property in the school district
for the preceding tax year determined under Subchapter M, Chapter
403, Government Code.
SECTION 1A.15. Section 42.302(a), Education Code, is
amended to read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund assignment
up to the maximum level specified in this subchapter. The amount of
state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is an
amount equal to the quotient of the basic allotment under Section
42.101 divided by 86 [$27.14] or a greater amount for any year
provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation and[,] any allotment under
Section 42.158, [and 50 percent of the adjustment under Section
42.102,] by the basic allotment for the applicable year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by multiplying the district's adopted
maintenance and operations tax rate by the ratio of the actual
taxable value of the property in the district for the current tax
year divided by the taxable value of property in the district for
the preceding year as determined under Subchapter M, Chapter 403,
Government Code, and subtracting the district's tax rate ("TR") as
calculated under Section 42.252(a) [subtracting the amounts
specified by Subsection (b) from the total amount of maintenance
and operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100]; and
"LR" is the local revenue, which is determined by multiplying
"DTR" by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, [or,
if applicable, under Section 42.2521,] divided by 100.
SECTION 1A.16. Section 41.002(a), Education Code, is
amended to read as follows:
(a) A school district may not have a wealth per student that
exceeds the product of the amount of the guaranteed level of state
and local funds per weighted student per cent of tax effort under
Section 42.302 multiplied by 10,000 [$305,000].
SECTION lA.l7. Section 26.08, Tax Code, is amended by
adding Subsections (a-1)-(a-7) and amending Subsections (i) and (k)
to read as follows:
(a-1) Except as provided by Subsection (a-2), for the 2005
tax year, a school district may not impose a tax for the maintenance
and operations of the district that exceeds the greater of:
(1) the rate equal to 135/150 of the rate adopted by
the district for maintenance and operations for the 2004 tax year;
or
(2) the rate necessary to ensure that the district
receives the amount of revenue described by Sections 42.2513(a)(1)
and (2), Education Code, provided that the rate may not exceed $1.35
per $100 valuation of taxable property.
(a-2) Notwithstanding any other provision of law, for the
2005 tax year, a school district permitted by special law on January
1, 2005, to impose an ad valorem tax for maintenance and operations
at a rate greater than $1.50 per $100 valuation of taxable property
in the district may continue to impose a tax for the maintenance and
operations of the district at a rate not to exceed the rate that is
$0.15 less than the rate adopted by the district for maintenance and
operations for the 2004 tax year.
(a-3) A school district that has adopted a tax rate for the
2005 tax year before the effective date of the amendment to this
section by H.B. No. 2, Acts of the 79th Legislature, 1st Called
Session, 2005, must adopt a new tax rate for the 2005 tax year that
is consistent with Subsections (a-1) and (a-2).
(a-4) Subsections (a-1), (a-2), (a-3), and this subsection
expire January 1, 2006.
(a-5) Except as provided by Subsection (a-6), for the 2006
tax year, a school district may not impose a tax for the maintenance
and operations of the district that exceeds the greater of:
(1) the rate equal to 130/150 of the rate adopted by
the district for maintenance and operations for the 2004 tax year;
or
(2) the rate necessary to ensure that the district
receives the amount of revenue described by Sections 42.2513(a)(1)
and (2), Education Code, provided that the rate may not exceed $1.30
per $100 valuation of taxable property.
(a-6) Notwithstanding any other provision of law, for the
2006 tax year, a school district permitted by special law on January
1, 2006, to impose an ad valorem tax for maintenance and operations
at a rate greater than $1.50 per $100 valuation of taxable property
in the district may continue to impose a tax for the maintenance and
operations of the district at a rate not to exceed the rate that is
$0.20 less than the rate adopted by the district for maintenance and
operations for the 2004 tax year.
(a-7) Subsections (a-5), (a-6), and this subsection expire
January 1, 2007.
(i) For purposes of this section, the rollback tax rate of a
school district is the sum of:
(1) the tax rate that, applied to the current total
value for the district, would impose taxes in an amount that, when
added to state funds that would be distributed to the district under
Chapter 42, Education Code, for the school year beginning in the
current tax year using that tax rate, would provide the same amount
of state funds distributed under Chapter 42 and maintenance and
operations taxes of the district per student in weighted average
daily attendance for that school year that would have been
available to the district in the preceding year if the funding
elements for Chapters 41 and 42, Education Code, for the current
year had been in effect for the preceding year;
(2) the rate of $0.04 [$0.06] per $100 of taxable
value; and
(3) the district's current debt rate.
(k) For purposes of this section, for the [2003, 2004,]
2005, 2006, 2007, or 2008 tax year, for a school district that is
entitled to state funds under Sections 1581.1015(c), (d), (e), and
(f) [Section 4(a-1), (a-2), (a-3), (a-4), (a-5), or (a-6), Article
3.50-9], Insurance Code, the rollback tax rate of the district is
the sum of:
(1) the tax rate that, applied to the current total
value for the district, would impose taxes in an amount that, when
added to state funds that would be distributed to the district under
Chapter 42, Education Code, for the school year beginning in the
current tax year using that tax rate, would provide the same amount
of state funds distributed under Chapter 42 and maintenance and
operations taxes of the district per student in weighted average
daily attendance for that school year that would have been
available to the district in the preceding year if the funding
elements for Chapters 41 and 42, Education Code, for the current
year had been in effect for the preceding year;
(2) the tax rate that, applied to the current total
value for the district, would impose taxes in the amount that, when
added to state funds that would be distributed to the district under
Chapter 42, Education Code, for the school year beginning in the
current tax year using that tax rate, permits the district to comply
with Section 1581.052 [3, Article 3.50-9], Insurance Code;
(3) the rate of $0.04 [$0.06] per $100 of taxable
value; and
(4) the district's current debt rate.
SECTION 1A.18. Section 311.013, Tax Code, is amended by
adding Subsection (n) to read as follows:
(n) This subsection applies only to a reinvestment zone
created before September 1, 1999, for which a school district
entered into an agreement before that date to pay a portion of the
tax increment produced by the school district into the tax
increment fund established for the zone. In addition to the amount
the school district is otherwise required to pay into the tax
increment fund each year, the comptroller shall pay into the fund
from any available source an additional amount. The additional
amount is the amount by which the amount the district would have
been required to pay into the fund for the current year under the
agreement if the district levied taxes at the district's 2004 tax
rate exceeds the amount the district is otherwise required to pay
into the fund for the current year. This subsection ceases to apply
to the reinvestment zone on the later of the dates specified by
Sections 311.017(a)(1) and (2) for the reinvestment zone.
PART B. RESIDENCE HOMESTEAD EXEMPTION
SECTION 1B.01. Section 11.13(b), Tax Code, is amended to
read as follows:
(b) An adult is entitled to exemption from taxation by a
school district of $45,000 [$15,000] of the appraised value of the
adult's residence homestead, except that $40,000 [$10,000] of the
exemption does not apply to an entity operating under former
Chapter 17, 18, 25, 26, 27, or 28, Education Code, as those chapters
existed on May 1, 1995, as permitted by Section 11.301, Education
Code.
SECTION 1B.02. Section 11.26(a), Tax Code, is amended to
read as follows:
(a) The tax officials shall appraise the property to which
this section applies and calculate taxes as on other property, but
if the tax so calculated exceeds the limitation imposed by this
section, the tax imposed is the amount of the tax as limited by this
section, except as otherwise provided by this section. A school
district may not increase the total annual amount of ad valorem tax
it imposes on the residence homestead of an individual 65 years of
age or older or on the residence homestead of an individual who is
disabled, as defined by Section 11.13, above the amount of the tax
it imposed in the first tax year in which the individual qualified
that residence homestead for the applicable exemption provided by
Section 11.13(c) for an individual who is 65 years of age or older
or is disabled. If the individual qualified that residence
homestead for the exemption after the beginning of that first year
and the residence homestead remains eligible for the same exemption
for the next year, and if the school district taxes imposed on the
residence homestead in the next year are less than the amount of
taxes imposed in that first year, a school district may not
subsequently increase the total annual amount of ad valorem taxes
it imposes on the residence homestead above the amount it imposed in
the year immediately following the first year for which the
individual qualified that residence homestead for the same
exemption, except as provided by Subsection (b). If the first tax
year the individual qualified the residence homestead for the
exemption provided by Section 11.13(c) for individuals 65 years of
age or older or disabled was a tax year before the 2006 [1997] tax
year, the amount of the limitation provided by this section is the
amount of tax the school district imposed for the 2005 [1996] tax
year less an amount equal to the amount determined by multiplying
$30,000 [$10,000] times the tax rate of the school district for the
2006 [1997] tax year, plus any 2006 [1997] tax attributable to
improvements made in 2005 [1996], other than improvements made to
comply with governmental regulations or repairs.
SECTION 1B.03. Section 42.2511(a), Education Code, is
amended to read as follows:
(a) Notwithstanding any other provision of this chapter, a
school district is entitled to additional state aid to the extent
that state aid under this chapter based on the determination of the
school district's taxable value of property as provided under
Subchapter M, Chapter 403, Government Code, does not fully
compensate the district for ad valorem tax revenue lost due to:
(1) the increase in the homestead exemption under
Section 1-b(c), Article VIII, Texas Constitution, as proposed by
H.J.R. No. 4, 75th Legislature, Regular Session, 1997, or as
proposed by H.J.R. No. 11, Acts of the 79th Legislature, 1st Called
Session, 2005; and
(2) the additional limitation on tax increases under
Section 1-b(d), Article VIII, Texas Constitution, as proposed by
H.J.R. No. 4, 75th Legislature, Regular Session, 1997, or as
proposed by H.J.R. No. 11, Acts of the 79th Legislature, 1st Called
Session, 2005.
SECTION 1B.04. Section 403.302(j), Government Code, is
amended to read as follows:
(j) For purposes of Section 42.2511, Education Code, the
comptroller shall certify to the commissioner of education:
(1) a final value for each school district computed on
a residence homestead exemption under Section 1-b(c), Article VIII,
Texas Constitution, of $5,000; [and]
(2) a final value for each school district computed
on:
(A) a residence homestead exemption under
Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and
(B) the effect of the additional limitation on
tax increases under Section 1-b(d), Article VIII, Texas
Constitution, as proposed by H.J.R. No. 4, 75th Legislature,
Regular Session, 1997; and
(3) a final value for each school district computed
on:
(A) a residence homestead exemption under
Section 1-b(c), Article VIII, Texas Constitution, of $45,000; and
(B) the effect of the additional limitation on
tax increases under Section 1-b(d), Article VIII, Texas
Constitution, as proposed by H.J.R. No. 11, Acts of the 79th
Legislature, 1st Called Session, 2005.
(2) Strike SECTION 2A.11 of the bill and substitute the
following:
SECTION 2A.11. Section 21.402, Education Code, is amended
by amending Subsections (a) and (d) and adding Subsections (c-1),
(c-2), (c-3), and (c-4) to read as follows:
(a) Except as provided by Subsection (d), (e), or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly salary,
based on the employee's level of experience, determined by the
following formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection
(c); and
"FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student
available to a district eligible to receive state assistance under
Section 42.302 with an enrichment tax rate, as defined by Section
42.302, equal to the maximum rate authorized under Section 42.303,
except that the amount of state and local funds per weighted student
does not include the amount attributable to the increase in the
guaranteed level made by Chapter 1187 [H.B. No. 3343], Acts of the
77th Legislature, Regular Session, 2001, or H.B. No. 2, Acts of the
79th Legislature, 1st Called Session, 2005.
(c-1) Not later than June 1, 2007, the commissioner shall
adjust the factors described by Subsection (c) so that the minimum
monthly salary calculated under Subsection (a) is $320 greater than
the minimum monthly salary that the formula would have otherwise
generated.
(c-2) Notwithstanding Subsection (a), for the 2005-2006
school year, a classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, or full-time school nurse
is entitled to a monthly salary that is at least equal to the sum of:
(1) the monthly salary the employee would have
received for the 2005-2006 school year under the district's salary
schedule or other compensation system, including any local
supplement and any money representing a career ladder supplement
the employee would have received in the 2005-2006 school year; and
(2) $180.
(c-3) Notwithstanding Subsection (a), for the 2006-2007
school year, a classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, or full-time school nurse
is entitled to a monthly salary that is at least equal to the sum of:
(1) the monthly salary the employee would have
received for the 2006-2007 school year under the district's salary
schedule or other compensation system, including any local
supplement and any money representing a career ladder supplement
the employee would have received in the 2006-2007 school year; and
(2) $320.
(c-4) Subsections (c-2) and (c-3) and this subsection
expire September 1, 2007.
(d) A classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, or full-time school nurse
employed by a school district in the 2006-2007 [2000-2001] school
year is, as long as the employee is employed by the same district,
entitled to a salary that is at least equal to the salary the
employee received for the 2006-2007 [2000-2001] school year.
(3) In Part A, Article 2 of the bill, add the following
appropriately numbered section and renumber the subsequent
sections of Part A, Article 2, accordingly:
SECTION 2A.__. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.4021 to read as follows:
Sec. 21.4021. ADDITIONAL COMPENSATION. (a) In addition to
the amounts specified under Section 21.402, each school district
shall spend an amount equal to the product of $300 multiplied by the
number of classroom teachers, full-time librarians, full-time
counselors certified under Subchapter B, and full-time school
nurses employed by the district and entitled to a minimum salary
under Section 21.402 on:
(1) additional across-the-board salary increases for
all employees subject to the minimum salary schedule; or
(2) additional stipends, in amounts determined by the
district, to encourage successful classroom teachers who hold
appropriate certificates issued as provided by Subchapter B and
have at least three years of classroom experience to:
(A) teach or serve as a mentor or master teacher
at a campus that is considered low-performing under Section 39.132;
(B) teach or serve as a mentor or master teacher
at a campus or in a program where at least 70 percent of the students
are educationally disadvantaged;
(C) serve as a mentor or master teacher in a
subject in which the teacher is certified and which is designated by
the commissioner as a critical shortage area; or
(D) teach or serve in a program that is designed
to provide highly qualified teachers to students who are at risk of
failing or dropping out of school.
(b) Notwithstanding Subsection (a), during the 2005-2006
school year, in addition to the amounts specified under Section
21.402, each school district shall spend an amount equal to the
product of $200 multiplied by the number of classroom teachers,
full-time librarians, full-time counselors certified under
Subchapter B, and full-time school nurses employed by the district
and entitled to a minimum salary under Section 21.402 in the manner
provided by Subsection (a).
(c) Subsection (a) applies beginning with the 2006-2007
school year. Subsection (b) and this subsection expire September
1, 2006.
(4) In Part B, Article 2 of the bill, add the following
appropriately numbered section and renumber the subsequent
sections of Part B, Article 2, accordingly:
SECTION 2B.__. Subchapter H, Chapter 45, Education Code, is
amended by adding Section 45.233 to read as follows:
Sec. 45.233. REVIEW OF TAX COLLECTIONS. The comptroller
shall periodically examine the effectiveness of school districts in
collecting district taxes.
(5) In Part C, Article 2 of the bill, add the following
appropriately numbered section and renumber the subsequent
sections of Part C, Article 2, accordingly:
SECTION 2C.__. Section 39.031, Education Code, is amended to
read as follows:
Sec. 39.031. COST. (a) The commissioner shall set aside an
appropriate amount from the Foundation School Program to pay the
cost of preparing, administering, or grading the assessment
instruments and the [shall be paid from the funds allotted under
Section 42.152, and each district shall bear the cost in the same
manner described for a reduction in allotments under Section
42.253. If a district does not receive an allotment under Section
42.152, the commissioner shall subtract the cost from the
district's other foundation school fund allotments.
[(b) The] cost of releasing the question and answer keys
under Section 39.023(e) [shall be paid from amounts appropriated to
the agency].
(b) After setting aside an appropriate amount in accordance
with this section, the commissioner shall proportionately reduce
each district's tier one allotment or, for a district that does not
receive a tier one allotment, increase the district's payments
under Chapter 41.
(6) In Article 8 of the bill, add the following
appropriately numbered section and renumber the subsequent
sections of Article 8 of the bill accordingly:
SECTION 8.__. This Act takes effect only if H.J.R. No. 11,
Acts of the 79th Legislature, 1st Called Session, 2005, is approved
by the voters. If that amendment is not approved by the voters,
this Act has no effect.