By: West  S.B. No. 1600
         (In the Senate - Filed March 8, 2007; March 21, 2007, read
  first time and referred to Committee on Education; April 16, 2007,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 7, Nays 0; April 16, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1600 By:  West
 
 
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.
 
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