80R14845 ESH-F
 
  By: Branch, Woolley, Eiland H.B. No. 3226
 
Substitute the following for H.B. No. 3226:
 
  By:  Branch C.S.H.B. No. 3226
 
A BILL TO BE ENTITLED
AN ACT
relating to the equalization of property wealth in certain school
districts.
       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.  EFFECT OF ADDITIONAL STATE AID FOR TAX
REDUCTION.  (a)  Notwithstanding any other provision of this
chapter, if a school district's wealth per student exceeds the
equalized wealth level for the first time in the 2006-2007 or a
later school year, the commissioner may consider the district to
have reduced its wealth per student to the equalized wealth level
for any school year as provided by this section.
       (b)  When the commissioner initially identifies a school
district under Section 41.004 as having a wealth per student for a
school year that exceeds the equalized wealth level, the
commissioner shall estimate:
             (1)  the amount of state revenue to which the district
is entitled under Section 42.2516 for that school year; and
             (2)  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 for
that school year.
       (c)  If the commissioner determines that the amount
described by Subsection (b)(1) exceeds the amount described by
Subsection (b)(2), the commissioner shall notify the district of
the commissioner's determination. In lieu of exercising an option
described by Section 41.003, the district's board of trustees may
authorize the commissioner to withhold from the state revenue to
which the district is entitled under Section 42.2516 an amount
equal to the amount described by Subsection (b)(2).
       (d)  In calculating the amount of state revenue to be
withheld from a school district under this section, the
commissioner shall calculate the cost for the district to reduce
the district's wealth per student to the equalized wealth level
using the final attendance and tax rate data for the school year and
shall award the district any available credit or discount under
Subchapter D as if the district had exercised the option under
Section 41.003(3) in a timely manner. If the final amount
calculated for the cost for the district to reduce the district's
wealth per student to the equalized wealth level for a school year
exceeds the amount of state revenue to which the district is
entitled under Section 42.2516 for that year:
             (1)  the commissioner shall:
                   (A)  withhold the entire amount of state revenue
to which the district is entitled under Section 42.2516 for that
year; and
                   (B)  withhold the additional amount of the cost
for the district to reduce the district's wealth per student to the
equalized wealth level for that year from the state revenue to which
the district is entitled under Section 42.2516 for a subsequent
school year; and
             (2)  the district is not required to take any further
action to reduce its wealth per student for that year.
       (e)  An action by the board of trustees of a school district
authorizing the commissioner to withhold state revenue from the
district under this section is valid without voter authorization.
       SECTION 2.  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.