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Floor Packet Page No. 41
Amend CSHB 2 as follows:
(1) Strike Article 1 and substitute the following:
"ARTICLE 1. PUBLIC SCHOOL FINANCE
PART A. EDUCATION FUNDING
SECTION 1A.01. Effective September 1, 2005, Section 42.101,
Subchapter B, Chapter 42, 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 $3096 [$2,537]. A greater
amount for any school year may be provided by appropriation.
SECTION 1A.02. Effective September 1, 2006, Section 42.101,
Subchapter B, Chapter 42, 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 $3225 [$2,537]. A greater
amount for any school year may be provided by appropriation.
SECTION 1A.03. Section 42.152, Subchapter C, Chapter 42,
Education Code is amended by amending Subsections (a) and (t) and
adding Subsection (c-2) 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.
(c-2) 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 or the General
Appropriations Act in the allotment under this section, including a
reduction under Section 39.031(a), does not affect the computation
of students in weighted average daily attendance for purposes of
Subchapter F except that the reduction shall be applied in the same
manner to districts that receive payments under Chapter 42 and
districts that make payments under Chapter 41.
SECTION 1A.04. Section 42.153(a), Subchapter C, Chapter 42,
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.05. Section 42.154(a), Subchapter C, Chapter 42,
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.06. Section 42.155, Subchapter C, Chapter 42,
Education Code is amended by adding subsection (l) to read as
follows:
(l) Beginning in the 2005-2006 school year, the allocation
per mile of approved route shall be at least thirty-five percent
higher than the allocation per mile for the 2004-2005 school year.
SECTION 1A.07. 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 $150.
(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.08. 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 the
increase in the homestead exemption under Section 1-b(c), Article
VIII, Texas Constitution, as proposed by HJR , 79th
Legislature, Regular Session, 2005 [HJR 4, 75th Legislature,
Regular Session, 1997, and the additional limitation on tax
increases under Section 1-b(d), Article VIII, Texas Constitution,
as proposed by HJR 4, 75th Legislature, Regular Session, 1997].
SECTION 1A.09. Effective September 1, 2005, Section
42.2512, Education Code, is amended to read as follows:
Sec. 42.2512. ADDITIONAL STATE AID FOR PROFESSIONAL STAFF
SALARIES. (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 $2,400 [$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 Sections 1A.01, 1A.13, and 1A.14, HB 2, Acts of
the 79th Legislature, Regular Session, 2005 [SB 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.10. Effective September 1, 2006, Section
42.2512, Education Code, is amended to read as follows:
Sec. 42.2512. ADDITIONAL STATE AID FOR PROFESSIONAL STAFF
SALARIES. (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 $2,400 [$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 Sections 1A.02, 1A.13, and 1A.14, HB 2, Acts of
the 79th Legislature, Regular Session, 2005 [SB 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.11. 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, and provided that a school district imposes a tax of at
least $1.25 on the $100 valuation of taxable property, a school
district is entitled to the amount of state revenue necessary to
maintain state and local revenue per student in weighted average
daily attendance in the 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 Chapter 42, 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 Chapter 42, as that
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 42.241 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.12. Section 42.252(a), Subchapter E, Chapter 42,
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 property value in the school district
for the preceding year determined under Subchapter M, Chapter 403
Government Code.
SECTION 1A.13. Section 42.302(a), Subchapter E, Chapter 42,
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 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
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, or, if
applicable, under Section 42.2521, and subtracting the district's
"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.14. Section 41.002, Chapter 41, Education Code is
amended to read as follows:
Sec. 41.002. EQUALIZED WEALTH LEVEL. [(a)] A school
district may not have a wealth per student that exceeds the wealth
per student that produces the guaranteed level of state and local
funds per weighted student per cent of tax effort under Section
42.302 [$305,000].
SECTION 1A.15. (1) Section 11.013(d), 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 $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.
(2) This Section takes effect only if HJR ___, Acts of the
79th Legislature, Regular Session, 2005, takes effect. If that
resolution does not take effect, this Section has no effect.
SECTION 1A.16. Section 26.08, Tax Code, is amended by
adding Subsections (a-1)-(a-3)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 five-sixths 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 $1.25
on the $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 on the $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 $0.25 less than the rate adopted by the district
for maintenance and operations for the 2004 tax year.
(a-3) Subsections (a-1), (a-2), and this subsection expire
January 1, 2006.
(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 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 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.17. Section 311.013, Tax Code, is amended by
adding Subsection (l) to read as follows:
(l) This subsection applies only to a reinvestment zone
created before January 1, 2005, 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. SCHOOL DISTRICT EFFICIENCY
SECTION 1B.01. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.003 to read as follows:
Sec. 11.003. ADMINISTRATIVE EFFICIENCY. (a) The
Commissioner shall develop and implement a program allowing a
school district board of trustees to enter into an agreement with
another district or a regional education service center for a
cooperative arrangement regarding administrative services,
including transportation, food service, purchasing, and payroll
functions.
(b) An agreement under this section must contain an
explanation of how the cooperative arrangement would allow a
participating school district to reduce costs, operate more
efficiently, and improve educational quality.
(c) This section does not limit a school district's
authority to enter into any other agreement authorized by law.
(d) The commissioner shall develop and implement the
program described by this section not later than January 1, 2006.
This subsection expires March 1, 2006.
SECTION 1B.02. 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.
(2) Strike SECTION 2A.04 and substitute the following:
SECTION 2A.04. Section 21.402, Education Code, is amended
by amending Subsections (a) and (d) and adding Subsections (c-1),
(c-2), (c-3), (e) and (f) 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 HB 3343, Acts of the 77th Legislature,
Regular Session, 2001 or by HB 2, Acts of the 79th Legislature,
Regular Session, 2005.
(c-1) 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) $200.
(c-2) 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) $400.
(c-3) Subsections (c-1) and (c-2) and this subsection
expire September 1, 2006.
(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.
(e-1) For the 2005-2006 school year, in addition the amounts
specified in (c-1), each school district shall spend an amount
equal to the product of $400 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 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 for which they are 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 that are at risk of
failing or dropping out.
(e-2) Beginning with the 2006-2007 school year, in addition
to the amounts specified in (c-2), each school district shall spend
an amount equal to the product of $800 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 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 for which they are 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 that are at risk of
failing or dropping out.
(f) No later than June 1, 2007, the commissioner shall
adjust the factors in Subsection (a) above such that the minimum
monthly salary calculated under Subsection (a) is $400 greater than
the minimum monthly salary the formula would have generated.
(3) On page 69, line 11, between "software" and "or" insert
"or provide commercially available software".
(4) Strike SECTIONS 2C.01, 2C.05, and 2C.06.
(5) Strike SECTIONS 2C.02 and 2C.10.
(6) In ARTICLE 2, PART C, add the following
appropriately-numbered SECTION to read as follows:
SECTION 2C.__. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0216 to read as follows:
Sec. 28.0216. LIMITS ON ASSIGNMENT OF STUDENTS TO
TEACHERS. (a) A student in grades Kindergarten through 6 may not
be assigned for two consecutive school years to a teacher who:
(1) has less than one year of teaching experience; or
(2) does not hold the appropriate certificate issued
by the State Board for Educator Certification.
(b) In a subject for which a student takes an assessment
under Section 39.023(a) or (c), a student in grade 7 or higher may
not be assigned for two consecutive school years to a teacher who:
(1) has less than one year of teaching experience; or
(2) does not hold the appropriate certificate issued
by the State Board for Educator Certification.
(7) Strike SECTION 2D.03.
(8) Strike SECTION 2D.13.
(9) On page 94, strike lines 25 and 26 and substitute
"required by this subchapter, a school district shall provide to
high school students at grade levels determined by the commissioner
the opportunity to take"
(10) Beginning on page 107, line 17, strike all language
through page 110, line 20.
(11) On page 129, line 17, strike "has" and substitute "and
"private or independent institution of higher education" have".
(12) On page 130, strike lines 1 through 5 and substitute
"this section.".
(13) On page 130, line 24, between "university" and "whose"
insert "or private or independent institution of higher education".
(14) In ARTICLE 3, strike the following conforming
amendments: SECTIONS 3.01, 3.02, 3.03, 3.04, and 3.05.
(15) Strike SECTION 3.06 and substitute the following:
SECTION 3.01. Section 12.106(a), Education Code, is amended
to read as follows:
(a) A charter holder is entitled to receive for the
open-enrollment charter school funding under Chapter 42 as if the
school were a school district without a tier one local share for
purposes of Section 42.253 and without any local revenue ("LR") for
purposes of Section 42.302. In determining funding for an
open-enrollment charter school, adjustments under Sections 42.102,
42.103, 42.104, and 42.105 and the district enrichment tax rate
("DTR") under Section 42.302 are based on the average adjustment
and average district enrichment tax rate for the state, as
estimated at the beginning of the school year, and provided that the
amount of state funding for each student is not subject to
adjustment after the beginning of the school year due to changes in
the property value or collection rates for the state.
(16) In ARTICLE 3, strike the following conforming
amendments: SECTIONS 3.07, 3.08, 3.09, 3.10, 3.12, 3.13, 3.14,
3.15, 3.16, and 3.17.
(17) In ARTICLE 3, strike the following conforming
amendments: SECTIONS 3.25 and 3.26.
(18) On page 150, strike lines 4 through 9 and substitute
the following:
"(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 I allotment, increase the
district's payments under Chapter 41. A reduction in tier one
allotments under this section does not affect the computation of
the guaranteed amount of revenue per student per cent of tax effort
under Section 42.252."
(19) In ARTICLE 3, strike SECTIONS 3.28 through 3.50.
(20) In ARTICLE 3, insert the following
appropriately-numbered SECTIONS to read as follows:
SECTION 3.__. Section 42.005(a), Education Code, is amended
by adding Subdivision (3) to read as follows:
(3) for a district that operates under a flexible
school day program under Section 29.0822, the average daily
attendance as calculated by the commissioner in accordance with
Section 29.0822(d).
SECTION 3.__. Section 42.102 is amended to read as follows:
(a) The basic allotment for each district is adjusted to
reflect the geographic variation in known resource costs and costs
of education due to factors beyond the control of the school
district.
(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 adjust modify adjustment as necessary to
compensate for the equal application of the adjustment to each of
the two tiers of the system.
SECTION 3.__. (1) Section 403.302(j), Education 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 $15,000 [$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 $45,000
[$15,000]; and
(B) the effect of the additional limitation on
tax increases under Section 1-b(d), Article VIII, Texas
Constitution.
(2) This Section takes effect only if HJR ___, Acts of
the 79th Legislature, Regular Session, 2005, takes. If that
resolution does not take effect, this Section has no effect."
(21) On page 163, line 17, strike "and 57".
(22) On page 163, strike lines 21-22 and reletter remaining
subsections appropriately.
(23) Beginning on page 163, line 23, strike all language
through page 164, line 3, and substitute the following:
"(c) Sections 21.357, 39.023(j), 41.002 (b), 41.002(e),
41.002(f), 41.002(g), 42.103(e), and 42.2514 of the Education Code
are repealed."
(24) On page 164, strike lines 6 through 14.
(25) Strike the last two sentences of SECTION 4.03.