Amend CSHB 3646 (Senate committee printing) as follows:
(1) In SECTION 1.10 of the bill, strike amended Section
41.002(a), Education Code (page 4, lines 18-43), and substitute the
following:
(a) A school district may not have a wealth per student that
exceeds:
(1) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student per
cent of tax effort available to a district as a result of the
guaranteed level provided by Section 42.302(a-1)(1) [at the 88th
percentile in wealth per student], for the district's maintenance
and operations tax effort equal to or less than the rate equal to
the product of the state compression percentage, as determined
under Section 42.2516, multiplied by the maintenance and operations
tax rate adopted by the district for the 2005 tax year;
(2) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student per
cent of tax effort available to a district as a result of the
guaranteed level provided by Section 42.302(a-1)(2) [the Austin
Independent School District, as determined by the commissioner in
cooperation with the Legislative Budget Board], for the first six
cents by which the district's maintenance and operations tax rate
exceeds the rate equal to the product of the state compression
percentage, as determined under Section 42.2516, multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year, subject to Section 41.093(b-1); or
(3) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student per
cent of tax effort available to a district as a result of the
guaranteed level provided by Section 42.302(a-1)(3) [$319,500],
for the district's maintenance and operations tax effort that
exceeds the first six cents by which the district's maintenance and
operations tax effort exceeds the rate equal to the product of the
state compression percentage, as determined under Section 42.2516,
multiplied by the maintenance and operations tax rate adopted by
the district for the 2005 tax year.
(2) Strike SECTION 1.11 of the bill, amending Section
41.093(b-1), Education Code (page 4, lines 44-60).
(3) Strike SECTION 1.13 of the bill, amending Section
42.101, Education Code (page 5, lines 24-48).
(4) In SECTION 1.19 of the bill, in amended Section 42.2516,
Education Code (page 7, line 47, through page 8, line 26), strike
added Subsections (b) through (e) and substitute the following:
(b) Notwithstanding any other provision of this title, a
school district that imposes a maintenance and operations tax at a
rate at least equal to the maintenance and operations tax rate
adopted by the district for the 2008-2009 tax year is entitled to at
least the amount of state revenue necessary to provide the district
with the sum of:
(1) except as provided by Subsection (e), the amount
of state and local revenue per student in weighted average daily
attendance for maintenance and operations to which the district
was entitled during the 2008-2009 school year under Chapter 41 and
this chapter, as those chapters existed on January 1, 2009;
(2) an amount equal to the product of $135 multiplied
by the number of students in weighted average daily attendance in
the district;
(3) an amount equal to the amount the district is
required to pay into the tax increment fund for a reinvestment zone
under Section 311.013(n), Tax Code, in the current tax year; and
(4) any amount to which the district is entitled under
Section 42.106.
(c) For purposes of Subsection (b)(1), the amount of
revenue to which a school district was entitled during the
2008-2009 school year as a result of the technology allotment under
Section 32.005, the transportation allotment under Section 42.155,
and the new instructional facility allotment under Section 42.158
and the amount of state and local revenue resulting from a tax rate
described by Section 42.302(a-1)(2) or (3) is not included. In
addition to the amount to which a district is entitled under
Subsection (b), the district is entitled to receive for the current
year each of the allotments specified in this subsection.
(d) In determining the amount to which a district is
entitled under Subsection (b)(1), the commissioner shall:
(1) include any amounts received by the district
during the 2008-2009 school year under Rider 86, page III-23,
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act); and
(2) for a school district that paid tuition under
Section 25.039 during the 2008-2009 school year, reduce the amount
to which the district is entitled by the amount of tuition paid
during that school year.
(e) If a school district adopts a maintenance and operations
tax rate that is below the tax rate for maintenance and operations
adopted by the district for the 2008-2009 school year, the
commissioner shall reduce the district's entitlement under this
section in proportion to the amount by which the district's adopted
rate is less than the rate adopted by the district for the
2008-2009 school year.
(5) Strike SECTION 1.20 of the bill, amending Section
42.252(a), Education Code (page 12, lines 20-36).
(6) In SECTION 1.23 of the bill, in the introductory
language (page 12, line 53), strike "42.302(a), (a-1), and (a-2)"
and substitute "42.302(a) and (a-1)".
(7) In SECTION 1.23 of the bill, strike amended Sections
42.302(a-1) and (a-2), Education Code (page 13, lines 18-53), and
substitute the following:
(a-1) In this section, "wealth per student" has the meaning
assigned by Section 41.001. For purposes of Subsection (a), the
dollar amount guaranteed level of state and local funds per
weighted student per cent of tax effort ("GL") for a school district
is:
(1) the greater of 85 percent of the amount of district
tax revenue per weighted student per cent of tax effort that would
be available to the Austin Independent School District [a district
at the 88th percentile in wealth per student], as determined by the
commissioner in cooperation with the Legislative Budget Board, or
the amount of district tax revenue per weighted student per cent of
tax effort used for purposes of this subdivision in the preceding
school year, for the district's maintenance and operations tax
effort equal to or less than the rate equal to the product of the
state compression percentage, as determined under Section 42.2516,
multiplied by the maintenance and operations tax rate adopted by
the district for the 2005 tax year;
(2) the greater of the amount of district tax revenue
per weighted student per cent of tax effort that would be available
to the Austin Independent School District, as determined by the
commissioner in cooperation with the Legislative Budget Board, if
the reduction of the limitation on tax increases as provided by
Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the
amount of district tax revenue per weighted student per cent of tax
effort used for purposes of this subdivision in the preceding
school year, for the first six cents by which the district's
maintenance and operations tax rate exceeds the rate equal to the
product of the state compression percentage, as determined under
Section 42.2516 [and notwithstanding the limitation on district
enrichment tax rate ("DTR") under Section 42.303], multiplied by
the maintenance and operations tax rate adopted by the district for
the 2005 tax year; and
(3) $31.95, for the district's maintenance and
operations tax effort that exceeds the amount of tax effort
described by Subdivision (2).
(8) Immediately following SECTION 1.23 of the bill,
amending Sections 42.302(a), (a-1), and (a-2), Education Code (page
13, between lines 53 and 54), add the following appropriately
numbered SECTION:
SECTION 1.__. Effective September 1, 2010,
Section 42.302(a-1), Education Code, as amended by Chapters 19
(H.B. 5) and 1191 (H.B. 828), Acts of the 80th Legislature, Regular
Session, 2007, is reenacted and amended to read as follows:
(a-1) In this section, "wealth per student" has the meaning
assigned by Section 41.001. For purposes of Subsection (a), the
dollar amount guaranteed level of state and local funds per
weighted student per cent of tax effort ("GL") for a school district
is:
(1) the greater of 90 percent of the amount of district
tax revenue per weighted student per cent of tax effort that would
be available to the Austin Independent School District [a district
at the 88th percentile in wealth per student], as determined by the
commissioner in cooperation with the Legislative Budget Board, or
the amount of district tax revenue per weighted student per cent of
tax effort used for purposes of this subdivision in the preceding
school year, for the district's maintenance and operations tax
effort equal to or less than the rate equal to the product of the
state compression percentage, as determined under Section 42.2516,
multiplied by the maintenance and operations tax rate adopted by
the district for the 2005 tax year;
(2) the greater of the amount of district tax revenue
per weighted student per cent of tax effort that would be available
to the Austin Independent School District, as determined by the
commissioner in cooperation with the Legislative Budget Board, if
the reduction of the limitation on tax increases as provided by
Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the
amount of district tax revenue per weighted student per cent of tax
effort used for purposes of this subdivision in the preceding
school year, for the first six cents by which the district's
maintenance and operations tax rate exceeds the rate equal to the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by the maintenance and operations tax
rate adopted by the district for the 2005 tax year; and
(3) $31.95, for the district's maintenance and
operations tax effort that exceeds the amount of tax effort
described by Subdivision (2).
(9) Strike SECTION 1.24 of the bill, amending Section
42.303, Education Code (page 13, lines 54-61).
(10) In SECTION 3.01(a) of the bill (page 19, lines 14-20),
add the following appropriately numbered subdivision and renumber
subsequent subdivisions accordingly:
( ) Section 41.002(g);
(11) Add the following appropriately numbered SECTION to
ARTICLE 3 of the bill:
SECTION 3.__. Notwithstanding any other provision of this
Act:
(1) if, as a result of the changes in law made by this
Act, the total cost to the state under Chapters 41 and 42, Education
Code, exceeds the amount provided for that purpose by S.B. No. 1,
Acts of the 81st Legislature, Regular Session, 2009 (the General
Appropriations Act), for the 2010-2011 state fiscal biennium, the
commissioner of education shall reduce the percentage of the amount
of district tax revenue per weighted student per cent of tax effort
available to the Austin Independent School District used in
determining the equalized wealth level under Section 41.002(a)(1),
Education Code, the basic allotment under Section 42.101, Education
Code, and the guaranteed yield under Section 42.302(a-1)(1),
Education Code, for the 2010-2011 school year to a percentage that
will produce a total cost for the biennium equal to the amount
appropriated; and
(2) if, as a result of the changes in law made by this
Act, the total cost to the state under Chapters 41 and 42, Education
Code, is less than the amount provided for that purpose by S.B. No.
1, Acts of the 81st Legislature, Regular Session, 2009 (the General
Appropriations Act), for the 2010-2011 state fiscal biennium, the
commissioner of education shall increase the percentage of the
amount of district tax revenue per weighted student per cent of tax
effort available to the Austin Independent School District used in
determining the equalized wealth level under Section 41.002(a)(1),
Education Code, the basic allotment under Section 42.101, Education
Code, and the guaranteed yield under Section 42.302(a-1)(1),
Education Code, for the 2010-2011 school year to a percentage that
will produce a total cost for the biennium equal to the amount
appropriated.
(12) Renumber existing SECTIONS of the bill accordingly.