H.B. No. 1
AN ACT
appropriating money for the support of state government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The several sums of money herein specified,
or so much thereby as may be necessary, are appropriated out of any
funds in the State Treasury not otherwise appropriated, or out of
special funds as indicated, for the support, maintenance, or
improvement of the designated agencies and institutions of
education.
(b) Article III, Senate Bill 1, Acts of the 79th
Legislature, Regular Session, 2005 (the General Appropriations
Act), is amended by adding the following appropriations and riders,
and to the extent necessary, by giving all riders under the bill
pattern of the agency full force and effect:
TEXAS EDUCATION AGENCY
For the Years Ending August 31, 2006 August 31, 2007
Method of Financing:
General Revenue Fund
General Revenue Fund $365,640,734 $366,318,466
Available School Fund No. 002, estimated 1,271,000,000 1,622,000,000
State Textbook Fund No. 003, estimated 19,457,832 1,971,597
Foundation School Fund No. 193, estimated 8,556,398,505 7,979,015,981
Certification and Assessment Fees (General
Revenue Fund) 18,359,121 18,378,121
GR MOE for Temporary Assistance for Needy
Families 2,000,000 2,000,000
Lottery Proceeds, estimated 1,045,000,000 1,046,000,000
Subtotal, General Revenue Fund $11,277,856,192 $11,035,684,165
General Revenue Fund - Dedicated
Telecommunications Infrastructure Fund No. 345 115,000,000 115,000,000
Read to Succeed Account No. 5027 42,960 42,960
Subtotal, General Revenue Fund - Dedicated $115,042,960 $115,042,960
Federal Funds
Federal Funds 13,153,500 13,153,500
Federal Health, Education and Welfare Fund
No. 148 2,939,024,866 2,938,215,169
Federal School Lunch Fund No. 171 1,058,000,000 1,104,000,000
Subtotal, Federal Funds $4,010,178,366 $4,055,368,669
Other Funds
Appropriated Receipts (Redistributed Local Revenue), estimated 1,133,000,000 1,284,000,000
State Highway Fund No. 006 50,000,000 50,000,000
Permanent School Fund 6,851,389 6,914,804
Interagency Contracts 451,636 448,905
Subtotal, Other Funds $1,190,303,025 $1,341,363,709
Total, Method of Financing $16,593,380,543 $16,547,459,503
Other Direct and Indirect Costs Appropriated Elsewhere in this Act $1,340,119 $1,319,693
This bill pattern represents an estimated 100% of this agency's estimated total available funds for the biennium.
Number of Full-Time-Equivalents (FTE): 797.0 797.0
Schedule of Exempt Positions:
Commissioner, Group 6 $164,748 $164,748
Executive Director, State Board for Educator
Certification, Group 3 78,000 78,000
Items of Appropriation:
A. Goal: PROGRAM LEADERSHIP
A.1.1. Strategy: FSP - EQUALIZED
OPERATIONS $11,323,400,000 $11,224,000,000
Foundation School Program -
Equalized Operations.
A.1.2. Strategy: FSP - EQUALIZED
FACILITIES $765,000,000 $774,000,000
Foundation School Program -
Equalized Facilities.
A.2.1. Strategy: STUDENT SUCCESS $253,452,833 $253,463,111
Statewide Initiatives to Further
Student Achievement.
A.2.2. Strategy: ACHIEVEMENT OF STUDENTS
AT RISK $ 1,317,068,251 $ 1,317,121,454
Resources for Low-income and Other
At-risk Students.
A.2.3. Strategy: STUDENTS WITH
DISABILITIES $961,715,519 $961,715,519
Resources for Mentally/Physically
Disabled Students
A.2.4. Strategy: SCHOOL IMPROVEMENT &
SUPPORT PGMS $159,084,132 $159,085,478
Grants for School and Program Improvement
and Innovation.
A.2.5. Strategy: ADULT EDUCATION & FAMILY
LITERACY $74,894,091 $74,894,091
Total, Goal A: PROGRAM LEADERSHIP $14,854,614,826 $14,764,279,653
B. Goal: OPERATIONAL EXCELLENCE
B.1.1. Strategy: ASSESSMENT &
ACCOUNTABILITY SYSTEM $61,207,441 $61,207,441
B.2.1. Strategy: EDUCATIONAL TECHNOLOGY $42,220,916 $42,245,510
B.2.2. Strategy: SAFE SCHOOLS $56,696,728 $57,460,542
School Safety Programs and Education
in Disciplinary Programs.
B.2.3. Strategy: CHILD NUTRITION PROGRAMS $ 1,072,400,000 $ 1,118,400,000
B.2.4. Strategy: WINDHAM SCHOOL DISTRICT $57,569,745 $57,569,745
Educational Resources for Prison Inmates.
B.3.1. Strategy: IMPROVING TEACHER QUALITY $372,311,979 $372,396,121
Funds for Teacher Training and
Education Service Centers.
B.3.2. Strategy: AGENCY OPERATIONS $31,552,314 $31,653,501
B.3.3. Strategy: CENTRAL ADMINISTRATION $10,337,833 $10,338,027
B.3.4. Strategy: INFORMATION SYSTEMS -
TECHNOLOGY $16,025,761 $13,446,963
Total, Goal B: OPERATIONAL EXCELLENCE $ 1,720,322,717 $ 1,764,717,850
C. Goal: EDUCATOR CERTIFICATION
State Board for Educator Certification.
C.1.1. Strategy: EDUCATOR QUALITY
AND CREDENTIALING $4,165,093 $4,165,093
Educator Credentialing and
Educator Preparation Program Review.
C.1.2. Strategy: CERTIFICATION EXAM
ADMINISTRATION $10,381,994 $10,400,994
Educator Certification Exam Services.
Estimatedand nontransferable.
C.1.3. Strategy: RETENTION, RECRUITMENT $83,879 $83,879
Retention, Recruitment, and Continuing
Professional Development.
C.1.4. Strategy: EDUCATOR PROFESSIONAL
CONDUCT $3,812,034 $3,812,034
Total, Goal C: EDUCATOR CERTIFICATION $18,443,000 $18,462,000
Grand Total, TEXAS EDUCATION AGENCY $16,593,380,543 $16,547,459,503
Rider 95. Learning Through Listening Educational Outreach
Program. Out of the funds appropriated above in Strategy A.2.3,
Students with Disabilities, the Commission shall expend $1,000,000
in fiscal year 2006 and $1,000,000 in fiscal year 2007 for the
purpose of implementing an educational outreach program tied to
digital audio textbooks which assists individuals with print
disabilities affording reading accommodation by providing
instruction and training using digitally recorded audiobooks,
playback equipment, and other resources. The program shall target
economically disadvantaged students in kindergarten through 12th
grade with learning disabilities, dyslexia, vision impairment, and
physical disabilities.
Rider 96. Renewing Our Communities. The Texas Education
Agency is hereby appropriated all amounts deposited into the
Renewing Our Communities Account, an account hereby established in
the general revenue fund. The account is eligible to receive gifts,
grants, or donations from public or private sources and shall be
administered by the Texas Education Agency. Funds deposited into
this account are to be used to increase the organizational capacity
of faith and community-based organizations to deliver charitable
and social services to persons in this state.
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, 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. Also contingent on passage and enactment of House Bill 3
or similar legislation by the 79th Legislature, 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.
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.
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.
(c) Texas Education Agency Rider 48 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 48. Student Success Initiative. Out of the funds
appropriated above in Strategy A.2.1, Student Success,
$158,005,369 in General Revenue in fiscal year 2006 and
$158,005,369 in General Revenue in fiscal year 2007 are allocated
for the Student Success Initiative. The Commissioner shall expend
these funds for allocations to schools for the purpose of
implementation of scientific, research-based programs for students
who have been identified as unlikely to achieve the third grade TAKS
reading standard by the end of the third grade, including those
students with dyslexia and related disorders, students unlikely to
achieve the TAKS reading or math standards by the end of the fifth
grade, and/or students unlikely to achieve TAKS reading or math
standards in the eighth grade assessments administered in 2008.
a. From funds appropriated for the Student Success
Initiative, the Commissioner may set aside $15 million for
intensive reading instruction programs for schools that have
failed to improve student performance in reading and $5 million
for intensive [or] math instruction programs for schools that
have failed to improve student performance in [reading or]
math. The Commissioner shall determine which schools have
achieved the least gains in reading or math performance, and
shall require those schools to submit a reading or math
improvement plan detailing proposed efforts to improve
reading or math performance as a condition of receiving
funding. The reading or math improvement plan must establish
the performance outcome of literacy or numeracy among its
student population and outline specific steps that will be
taken to achieve that goal. The plan may include the use of
technology to achieve reading or math goals. A school
identified as in need of improvement in reading or math
instruction shall implement only those assessments, progress
monitoring instruments, reading or math strategies and
programs approved by the Commissioner. Programs must
demonstrate a record of proven success in improving student
reading or math achievement.
b. Adolescent Literacy Initiative. Out of any funds
appropriated to the agency, the Commissioner shall set aside
$2 million for each year of the 2006-2007 biennium for the
development of a supplemental diagnostic screening
instrument and intensive reading instruction programs for
students determined at risk to not perform at proficient
levels on the 8th grade TAKS reading assessment. It is the
intent of the legislature that the Texas Education Agency
pursue federal funds to provide training in the use of the
diagnostic instrument and distribution of the instrument to
school districts and charter schools. Any balances as of
August 31, 2006 are appropriated for fiscal year 2007 for the
same purpose.
c. Any balances as of August 31, 2006, are appropriated for
fiscal year 2007 for the same purposes.
(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.
[c.] 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 78 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.
SECTION 2. APPROPRIATION REDUCTIONS. (a) If this Act
takes effect immediately after it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution, then appropriations made in
Article IX, Section 13.18 of Senate Bill 1, 79th Legislature,
Regular Session, 2005, from the General Revenue Fund, General
Revenue-Dedicated Accounts, and General Revenue related funds are
reduced by:
(1) $11,277,856,192 from the General Revenue Fund,
which is the amount of appropriation made in Section 1 of this Act
to the Texas Education Agency for the fiscal year ending August 31,
2006;
(2) $11,035,684,165 from the General Revenue Fund,
which is the amount of appropriation made in Section 1 of this Act
to the Texas Education Agency for the fiscal year ending August 31,
2007;
(3) $115,042,960 from the General Revenue Fund -
Dedicated, which is the amount of the appropriation made in Section
1 of this Act to the Texas Education Agency for the fiscal year
ending August 31, 2006; and
(4) $115,042,960 from the General Revenue Fund -
Dedicated, which is the amount of the appropriation made in Section
1 of this Act to the Texas Education Agency for the fiscal year
ending August 31, 2007.
(b) If this Act does not receive the vote necessary for
immediate effect and this Act takes effect on the 91st day after the
last day of the legislative session, then:
(1) appropriations made in Section 1 of this Act from
the General Revenue Fund to the Texas Education Agency for the
fiscal year ending August 31, 2006, are reduced by $5,530,000,000;
and the appropriation reduction identified in Section 2(a)(1) above
is lowered by an equal amount.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1 was passed by the House on July 6,
2005, by the following vote: Yeas 140, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1 on July 20, 2005, by the following vote: Yeas 144, Nays 3, 1
present, not voting; passed subject to the provisions of Article
III, Section 49a, of the Constitution of the State of Texas.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1 was passed by the Senate, with
amendments, on July 19, 2005, by the following vote: Yeas 29, Nays
0; passed subject to the provisions of Article III, Section 49a, of
the Constitution of the State of Texas.
______________________________
Secretary of the Senate
I certify that the amounts appropriated in the herein H.B.
No. 1, 1st Called Session of the 79th Legislature, are within
amounts estimated to be available in the affected fund.
Certified_____________________
______________________________
Comptroller of Public Accounts
APPROVED: __________________
Date
__________________
Governor