80R8342 ESH-D
 
  By: Eiland H.B. No. 2193
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the applicability to certain school districts of
provisions related to the equalized wealth level and state aid for
property tax reduction.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter A, Chapter 41, Education Code, is
amended by adding Section 41.0041 to read as follows:
       Sec. 41.0041.  APPLICABILITY OF PROVISIONS TO CERTAIN
DISTRICTS.  (a)  This section applies only to a school district
that, in a school year:
             (1)  is entitled to state revenue under Section 42.2516
in an amount equal to or greater than the cost to the district to
purchase attendance credits under Subchapter D in an amount
sufficient to reduce the district's wealth per student to the
equalized wealth level; and
             (2)  has not previously been required to take action
under this chapter to reduce its wealth per student to the equalized
wealth level.
       (b)  Except as provided by Subsection (e), a school district
to which this section applies is not required to:
             (1)  exercise an option under Section 41.003; or
             (2)  conduct an election under Section 41.096.
       (c)  Notwithstanding Section 41.004(c), a school district to
which this section applies may adopt a tax rate without the
commissioner's certification that the district has achieved the
equalized wealth level.
       (d)  Except as provided by Subsection (e), the commissioner
may not take action under Subchapter G or H regarding a school
district to which this section applies.
       (e)  The commissioner shall make an initial determination as
to whether this section applies to a school district for a school
year not later than the July 25 preceding the school year. If the
commissioner later determines that this section does not apply to a
district:
             (1)  the school district must:
                   (A)  execute an agreement to purchase attendance
credits under Subchapter D in an amount necessary to reduce the
district's wealth per student to the equalized wealth level; and
                   (B)  obtain voter approval of the agreement
described by Paragraph (A) in an election under Section 41.096; or
             (2)  the commissioner must order:
                   (A)  the detachment of property under Subchapter G
in an amount to reduce the district's wealth per student to the
equalized wealth level; or
                   (B)  the consolidation of the district with one or
more other districts under Subchapter H.
       SECTION 2.  Section 42.2516, Education Code, is amended by
adding Subsection (i-1) to read as follows:
       (i-1)  For a school district to which Section 41.0041
applies, the amount of state revenue under this section to which the
district is entitled is reduced by an amount equal to the cost to
the district to purchase attendance credits under Subchapter D,
Chapter 41, in an amount sufficient to reduce the district's wealth
per student to the equalized wealth level.
       SECTION 3.  The applicability of Chapter 41, Education Code,
to a school district for the 2006-2007 or a later school year is
determined in compliance with Sections 41.0041 and 42.2516(i-1),
Education Code, as added by this Act.
       SECTION 4.  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, 2007.