By: Pitts, Luna (Senate Sponsor - Ogden) H.B. No. 1
(In the Senate - Received from the House July 7, 2005;
July 7, 2005, read first time and referred to Committee on Finance;
July 17, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 1; July 17, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1 By: Ogden
A BILL TO BE ENTITLED
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 Commissioner of Education 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. 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
2006-08 biennium to implement the provisions of the bills
increasing total revenue for the operation of local school
districts. 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. 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.
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 and to rider
provisions contained in Senate Bill 1, 79th Legislature, Regular
Session, 2005.
(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.
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 appropriations 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 3(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. 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.
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