79R9241 ESH-F
By: Ogden S.B. No. 1608
A BILL TO BE ENTITLED
AN ACT
relating to statutory authority to reduce appropriations made by
the legislature to certain governmental educational entities and to
other fiscal matters involving certain governmental educational
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Notwithstanding any statute to the
contrary, the legislature, in its discretion, may determine the
amount of each appropriation of state funds. The amounts required
by statute for educational entities that receive state funds under
Article III of the General Appropriations Act, 79th Legislature,
Regular Session, 2005, may be reduced or eliminated in order to
achieve a balanced budget.
(b) This section expires September 1, 2007.
SECTION 2. (a) This section applies to:
(1) the following state agencies and institutions:
(A) the Texas Education Agency;
(B) the State Board of Education;
(C) the State Board for Educator Certification;
(D) the Texas School for the Blind and Visually
Impaired;
(E) the Texas School for the Deaf;
(F) the Teacher Retirement System of Texas;
(G) the Texas Higher Education Coordinating
Board;
(H) The University of Texas System and each of
its component institutions;
(I) The Texas A&M University System and each of
its component institutions;
(J) the University of Houston System and each of
its component institutions;
(K) the Texas Tech University System and each of
its component institutions;
(L) the Texas State University System and each of
its component institutions;
(M) the University of North Texas System and each
of its component institutions;
(N) Stephen F. Austin State University;
(O) Texas Southern University;
(P) Texas Woman's University; and
(Q) the Texas State Technical College System and
each of its component institutions;
(2) a public junior college that receives state funds;
and
(3) the administration of the following funds:
(A) the permanent school fund;
(B) the available school fund;
(C) the permanent university fund;
(D) the available university fund;
(E) the higher education fund; and
(F) the research development fund.
(b) Notwithstanding any other statute of this state, each
state agency to which this section applies or a state agency that
administers a fund to which this section applies is authorized to
reduce expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
electronic mail or through the Internet; and
(5) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
SECTION 3. Section 8.051(d), Education Code, is amended to
read as follows:
(d) Each regional education service center may [shall]
maintain core services for purchase by school districts and
campuses. The core services are:
(1) training and assistance in teaching each subject
area assessed under Section 39.023;
(2) training and assistance in providing each program
that qualifies for a funding allotment under Section 42.151,
42.152, 42.153, or 42.156;
(3) assistance specifically designed for a school
district rated academically unacceptable under Section 39.072(a)
or a campus whose performance is considered unacceptable based on
the indicators adopted under Section 39.051;
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION 4. Section 33.156(a), Education Code, is amended to
read as follows:
(a) The agency may [shall] develop and implement an
equitable formula for the funding of local Communities In Schools
programs. [The formula may provide for the reduction of funds
annually contributed by the state to a local program by an amount
not more than 50 percent of the amount contributed by the state for
the first year of the program.] The formula must consider the
financial resources of individual communities and school
districts. [Savings accomplished through the implementation of the
formula may be used to extend services to counties and
municipalities currently not served by a local program or to extend
services to counties and municipalities currently served by an
existing local program.]
SECTION 5. Section 39.031(a), Education Code, is amended to
read as follows:
(a) The cost of preparing, administering, or grading the
assessment instruments shall be paid from foundation school fund
allotments other than [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.]
SECTION 6. 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 $305,000 or a different amount as provided by
appropriation.
SECTION 7. 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 $2,537. A different
[greater] amount for any school year may be provided by
appropriation.
SECTION 8. Sections 42.152(i)-(l), (n), and (p), Education
Code, are amended to read as follows:
(i) From the total amount of funds appropriated for
allotments under this section, the commissioner may [shall], each
fiscal year, withhold an [$7,500,000 or a greater] amount as
determined in the General Appropriations Act and distribute that
amount for programs under Subchapter A, Chapter 33. A program
established under that subchapter is required only in school
districts in which the program is financed by funds distributed
under this subsection [section] or other funds distributed by the
commissioner for a program under that subchapter. In distributing
those funds, preference shall be given to a school district that
received funds for a program under this subsection for the
preceding school year.
(j) The commissioner shall coordinate any [the] funds
withheld under Subsection (i) and any other funds available for the
program and [shall] distribute those funds. To receive available
funds for the program, a school district must apply to the
commissioner. In distributing any funds under this subsection,
the [The] commissioner shall give a preference to the districts
that apply that have the highest concentration of at-risk students.
For each school year that a school district receives funds under
this subsection [section], the district shall allocate an amount of
local funds for school guidance and counseling programs that is
equal to or greater than the amount of local funds that the school
district allocated for that purpose during the preceding school
year.
(k) After deducting any [the] amount withheld under
Subsection (i) from the total amount appropriated for the allotment
under Subsection (a), the commissioner shall reduce each district's
tier one allotments in the same manner described for a reduction in
allotments under Section 42.253.
(l) From the total amount of funds appropriated for
allotments under this section, the commissioner may [shall], each
fiscal year, withhold an [the] amount not more than [of] $2.5
million for transfer to the investment capital fund under Section
7.024.
(n) After deducting any [the] amount withheld under
Subsection (l) from the total amount appropriated for the allotment
under Subsection (a), the commissioner shall reduce each district's
allotment under Subsection (a) proportionately and shall allocate
funds to each district accordingly.
(p) The commissioner may [shall:
[(1)] withhold, from the total amount of funds
appropriated for allotments under this section, an amount not to
exceed five percent of the amounts allocated under this section and
distribute that amount for [sufficient to finance] extended year
programs under Section 29.082. In distributing any funds under
this subsection, the commissioner shall [not to exceed five percent
of the amounts allocated under this section; and
[(2)] give priority to applications for extended year
programs to districts with high concentrations of educationally
disadvantaged students.
SECTION 9. 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 $27.14
or a different [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, 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 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 10. (a) Sections 8.051(a) and 8.121, Education
Code, are repealed.
(b) Section 822.001(f), Government Code, is repealed.
SECTION 11. 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 September 1, 2005.