Amend Floor Amendment No. 1 to SB 1848 on page 1 of the
amendment, between lines 2 and 3, by adding the following
appropriately numbered SECTIONS and renumbering subsequent
SECTIONS accordingly:
SECTION ___. Sections 42.253(a) and (c), Education Code,
are amended to read as follows:
(a) For each school year the commissioner shall determine:
(1) the amount of money to which a school district is
entitled under Subchapters B and C;
(2) the amount of money to which a school district is
entitled under Sections 42.2516(b)(2) and (3);
(3) the amount of money to which a school district is
entitled under Subchapter F;
(4) [(3)] the amount of money allocated to the
district from the available school fund;
(5) [(4)] the amount of each district's tier one local
share under Section 42.252; and
(6) [(5)] the amount of each district's tier two local
share under Section 42.302.
(c) Each school district is entitled to an amount equal to
the difference for that district between the sum of Subsections
(a)(1), [and] (a)(2), and (a)(3) and the sum of Subsections
[(a)(3),] (a)(4), [and] (a)(5), and (a)(6).
SECTION ___. Section 42.259(b), Education Code, is amended
to read as follows:
(b) Payments from the foundation school fund to each
category 1 school district shall be made as follows:
(1) for amounts to which a district is entitled under
Section 42.2516(b)(2) or (3):
(A) 15 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(B) [(2)] 80 percent of the yearly entitlement of
the district shall be paid in eight equal installments to be made on
or before the 25th day of October, November, December, January,
March, May, June, and July; and
(C) [(3)] five percent of the yearly entitlement
of the district shall be paid in an installment to be made on or
before the 25th day of February; and
(2) for all other amounts to which a district is
entitled:
(A) 14 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(B) 45 percent of the yearly entitlement of the
district shall be paid in five equal installments to be made on or
before the 25th day of October, November, December, June, and July;
(C) 33 percent of the yearly entitlement of the
district shall be paid in three equal installments to be made on or
before the 25th day of January, March, and May;
(D) six percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of February; and
(E) two percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of April.
SECTION ___. Sections 42.259(c), (d), and (f), Education
Code, as effective until August 1, 2009, are amended to read as
follows:
(c) Payments from the foundation school fund to each
category 2 school district shall be made as follows:
(1) for amounts to which a district is entitled under
Section 42.2516(b)(2) or (3):
(A) 22 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(B) [(2)] 18 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of October;
(C) [(3)] 9.5 percent of the yearly entitlement
of the district shall be paid in an installment to be made on or
before the 25th day of November;
(D) [(4)] 7.5 percent of the yearly entitlement
of the district shall be paid in an installment to be made on or
before the 25th day of April;
(E) [(5)] five percent of the yearly entitlement
of the district shall be paid in an installment to be made on or
before the 25th day of May;
(F) [(6)] 10 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of June;
(G) [(7)] 13 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of July; and
(H) [(8)] 15 percent of the yearly entitlement of
the district shall be paid in an installment to be made after the
fifth day of September and not later than the 10th day of September
of the calendar year following the calendar year of the payment made
under Paragraph (A); and
(2) for all other amounts to which a district is
entitled:
(A) 15 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(B) 13 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October;
(C) 14 percent of the yearly entitlement of the
district shall be paid in two equal installments to be made on or
before the 25th day of November and June;
(D) 18 percent of the yearly entitlement of the
district shall be paid in three equal installments to be made on or
before the 25th day of January, February, and March;
(E) 11 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of April;
(F) 10 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of May;
(G) nine percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of July; and
(H) 10 percent of the yearly entitlement of the
district shall be paid in an installment to be made after the fifth
day of September and not later than the 10th day of September of the
calendar year following the calendar year of the payment made under
Paragraph (A) [Subdivision (1)].
(d) Payments from the foundation school fund to each
category 3 school district shall be made as follows:
(1) for amounts to which a district is entitled under
Section 42.2516(b)(2) or (3):
(A) 45 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(B) [(2)] 35 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of October; and
(C) [(3)] 20 percent of the yearly entitlement of
the district shall be paid in an installment to be made after the
fifth day of September and not later than the 10th day of September
of the calendar year following the calendar year of the payment made
under Paragraph (A); and
(2) for all other amounts to which a district is
entitled:
(A) seven percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of September of a fiscal year;
(B) six percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October;
(C) 85 percent of the yearly entitlement of the
district shall be paid in five equal installments to be made on or
before the 25th day of January, February, March, April, and May; and
(D) two percent of the yearly entitlement of the
district shall be paid in an installment to be made after the fifth
day of September and not later than the 10th day of September of the
calendar year following the calendar year of the payment made under
Paragraph (A) [Subdivision (1)].
(f) Except as provided by Subsection (c)(1)(H) or (2)(H) or
(d)(1)(C) or (2)(D) [(c)(8) or (d)(3)], any previously unpaid
additional funds from prior years owed to a district shall be paid
to the district together with the September payment of the current
year entitlement.
SECTION ___. Sections 42.259(c) and (d), Education Code, as
effective August 1, 2009, are amended to read as follows:
(c) Payments from the foundation school fund to each
category 2 school district shall be made as follows:
(1) for amounts to which a district is entitled under
Section 42.2516(b)(2) or (3):
(A) 22 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(B) [(2)] 18 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of October;
(C) [(3)] 9.5 percent of the yearly entitlement
of the district shall be paid in an installment to be made on or
before the 25th day of November;
(D) [(4)] 7.5 percent of the yearly entitlement
of the district shall be paid in an installment to be made on or
before the 25th day of April;
(E) [(5)] five percent of the yearly entitlement
of the district shall be paid in an installment to be made on or
before the 25th day of May;
(F) [(6)] 10 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of June;
(G) [(7)] 13 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of July; and
(H) [(8)] 15 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of August; and
(2) for all other amounts to which a district is
entitled:
(A) 15 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(B) 13 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October;
(C) 14 percent of the yearly entitlement of the
district shall be paid in two equal installments to be made on or
before the 25th day of November and June;
(D) 18 percent of the yearly entitlement of the
district shall be paid in three equal installments to be made on or
before the 25th day of January, February, and March;
(E) 11 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of April;
(F) 20 percent of the yearly entitlement of the
district shall be paid in two equal installments to be made on or
before the 25th day of May and August; and
(G) nine percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of July.
(d) Payments from the foundation school fund to each
category 3 school district shall be made as follows:
(1) for amounts to which a district is entitled under
Section 42.2516(b)(2) or (3):
(A) 45 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(B) [(2)] 35 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of October; and
(C) [(3)] 20 percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of August; and
(2) for all other amounts to which a district is
entitled:
(A) seven percent of the yearly entitlement of
the district shall be paid in an installment to be made on or before
the 25th day of September of a fiscal year;
(B) six percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October;
(C) 85 percent of the yearly entitlement of the
district shall be paid in five equal installments to be made on or
before the 25th day of January, February, March, April, and May; and
(D) two percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of August.
SECTION ___. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2591 to read as follows:
Sec. 42.2591. MODIFICATION OF PAYMENT SCHEDULE. (a) For
the fiscal year ending August 31, 2008, or August 31, 2009, a school
district may apply to the commissioner for a modification of the
payment schedule provided by Section 42.259, as amended by S.B. No.
1848, Acts of the 80th Legislature, Regular Session, 2007, if
application of that payment schedule would cause the district
financial hardship as a result of the effect of the schedule on the
district's cash flow.
(b) A modification granted under this section expires at the
end of the fiscal year for which the modification is granted. A
school district may seek a modification for each fiscal year.
(c) A modification granted under this section may affect
only the timing of payments made under the schedule provided by
Section 42.259, and may not result in a net change to the total
amount of funds a school district receives during the fiscal year
for which the modification is granted.
(d) The commissioner shall adopt rules necessary to
implement this section.
(e) A decision of the commissioner under this section is
final and may not be appealed.
(f) This section expires September 1, 2009.