79R5256 ESH-D
By: Hill H.B. No. 3061
A BILL TO BE ENTITLED
AN ACT
relating to state assistance with public school facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 45.054, Education Code, is amended to
read as follows:
Sec. 45.054. ELIGIBILITY. To be eligible for approval by
the commissioner, bonds must be issued:
(1) under Subchapter A of this chapter or under
Subchapter A, Chapter 1207, Government Code, to make a deposit
under Subchapter B or C of that chapter, by an accredited school
district; and
(2) for the construction, acquisition, renovation, or
improvement of an instructional facility, as defined by Section
46.001.
SECTION 2. Section 46.002(b), Education Code, is amended to
read as follows:
(b) The commissioner's rules shall [may] limit the amount of
an allotment under this subchapter that is to be used to construct,
acquire, renovate, or improve an instructional facility that may
also be used for noninstructional or extracurricular activities.
An allotment under this subchapter may not be used to construct,
acquire, renovate, or improve a facility, such as a stadium, if the
facility's predominant use is for extracurricular purposes or for
purposes other than teaching the curriculum required under Section
28.002.
SECTION 3. Section 46.003(a), Education Code, is amended to
read as follows:
(a) For each year, except as provided by Sections 46.005 and
46.006, a school district is guaranteed a specified amount per
student in state and local funds for each cent of tax effort, up to
the maximum rate under Subsection (b), to pay the principal of and
interest on eligible bonds issued to construct, acquire, renovate,
or improve an instructional facility. The amount of state support
is determined by the formula:
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
where:
"FYA" is the guaranteed facilities yield amount of state
funds allocated to the district for the year;
"FYL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $35 or a
greater amount for any year provided by appropriation;
"ADA" is the greater of the number of students in average
daily attendance, as determined under Section 42.005, in the
district or 400;
"BTR" is the district's bond tax rate for the current year,
which is determined by dividing the amount budgeted by the district
for payment of eligible bonds by the quotient of the district's
taxable value of property as determined under Subchapter M, Chapter
403, Government Code, [or, if applicable, Section 42.2521,] divided
by 100; and
"DPV" is the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code[, or,
if applicable, Section 42.2521].
SECTION 4. Section 46.008, Education Code, is amended to
read as follows:
Sec. 46.008. STANDARDS AND BEST PRACTICES. (a) The
commissioner shall establish standards for adequacy of school
facilities. The standards must include requirements related to
[space,] educational adequacy[,] and construction quality. The
standards may not include requirements related to space or square
footage for a facility or any part of a facility. All new
facilities constructed after September 1, 1998, must meet or exceed
the standards to be eligible to be financed with state or local tax
funds.
(b) The commissioner shall establish a program of best
practices for the construction, replacement, renovation, or
improvement of school facilities. The program must:
(1) include solicitation of information from school
districts on best practices;
(2) recognize school districts that have achieved
cost-effectiveness in construction and long-term maintenance;
(3) emphasize cost-effectiveness, energy efficiency,
functionality, and replicability;
(4) be designed to encourage, without imposing
requirements relating to specific criteria, school district
consideration of:
(A) best practices, including evaluation of the
school district's financial status, total amount of outstanding
debt, maturity of outstanding debt, and preventive maintenance of
facilities;
(B) cost-effectiveness;
(C) projected enrollment in the portion of the
school district to be served by a facility for which state financial
assistance is sought; and
(D) if applicable, the condition of a facility
that is to be replaced, renovated, or improved with state financial
assistance; and
(5) include a process for local evaluation of the need
for construction, acquisition, renovation, or improvement of a
facility.
(c) This section may not be construed in a manner that
impairs or eliminates a guarantee of an eligible bond under
Subchapter C, Chapter 45.
SECTION 5. Subchapter A, Chapter 46, Education Code, is
amended by adding Section 46.014 to read as follows:
Sec. 46.014. COLLECTION OF FACILITIES DATA. The
commissioner by rule shall require school districts to report
through the Public Education Information Management System (PEIMS)
the following information concerning school facilities:
(1) grade levels served;
(2) square footage;
(3) year of construction; and
(4) date of most recent renovation.
SECTION 6. Section 46.032(a), Education Code, is amended to
read as follows:
(a) Each school district is guaranteed a specified amount
per student in state and local funds for each cent of tax effort to
pay the principal of and interest on eligible bonds. The amount of
state support, subject only to the maximum amount under Section
46.034, is determined by the formula:
EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
where:
"EDA" is the amount of state funds to be allocated to the
district for assistance with existing debt;
"EDGL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $35 or a
greater amount for any year provided by appropriation;
"ADA" is the number of students in average daily attendance,
as determined under Section 42.005, in the district;
"EDTR" is the existing debt tax rate of the district, which is
determined by dividing the amount budgeted by the district for
payment of eligible bonds 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
"DPV" is the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code[, or,
if applicable, under Section 42.2521].
SECTION 7. Section 46.033, Education Code, is amended to
read as follows:
Sec. 46.033. ELIGIBLE BONDS. Bonds, including bonds issued
under Section 45.006, are eligible to be paid with state and local
funds under this subchapter if:
(1) the district made payments on the bonds during the
2004-2005 [2002-2003] school year or taxes levied to pay the
principal of and interest on the bonds were included in the
district's audited debt service collections for that school year;
and
(2) the district does not receive state assistance
under Subchapter A for payment of the principal and interest on the
bonds.
SECTION 8. Section 46.034(c), Education Code, is amended to
read as follows:
(c) If the amount required to pay the principal of and
interest on eligible bonds in a school year is less than the amount
of payments made by the district on the bonds during the 2004-2005
[2002-2003] school year or the district's audited debt service
collections for that school year, the district may not receive aid
in excess of the amount that, when added to the district's local
revenue for the school year, equals the amount required to pay the
principal of and interest on the bonds.
SECTION 9. Section 45.054, Education Code, as amended by
this Act, applies only to the guarantee of bonds under Subchapter C,
Chapter 45, Education Code, for which an application is submitted
to the commissioner of education on or after September 1, 2005.
SECTION 10. Section 46.008(a), Education Code, as amended
by this Act, applies to a school facility for which construction
begins on or after September 1, 2005, and such a facility is not
required to meet any requirements related to space established by
the commissioner of education under that section as it existed
before amendment by this Act.
SECTION 11. Subchapter A, Chapter 46, Education Code, as
amended by this Act, applies only to the payment of state assistance
under Subchapter A, Chapter 46, Education Code, for which a school
district applies on or after September 1, 2005. Payment of state
assistance under Subchapter A, Chapter 46, Education Code, for
which a school district applies before September 1, 2005, is
governed by the law in effect on the date the district applies for
the state assistance, and the former law is continued in effect for
that purpose.
SECTION 12. Subchapter B, Chapter 46, Education Code, as
amended by this Act, applies only to bonds that first become
eligible for payment with state assistance under that subchapter
after January 1, 2004. Bonds that were eligible for payment with
state assistance under that subchapter as of January 1, 2004, are
governed by that subchapter as it existed before amendment by this
Act, and the former law is continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2005.