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A BILL TO BE ENTITLED
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AN ACT
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relating to public school finance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.024(a), Education Code, is amended to |
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read as follows: |
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(a) The investment capital fund consists of money |
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appropriated for purposes of [transferred to] the fund [as provided
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by Section 42.152(l)]. The agency shall administer the fund. The |
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purposes of this fund are to assist eligible public schools to |
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implement practices and procedures consistent with deregulation |
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and school restructuring in order to improve student achievement |
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and to help schools identify and train parents and community |
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leaders who will hold the school and the school district |
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accountable for achieving high academic standards. |
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SECTION 2. Sections 7.062(a) and (c), Education Code, are |
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amended to read as follows: |
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(a) In this section, "wealth per student" means a school |
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district's taxable value of property for the current tax year as |
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determined under Subchapter M, Chapter 403, Government Code, [or,
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if applicable, Section 42.2521,] divided by the district's average |
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daily attendance as determined under Section 42.005. |
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(c) Except as otherwise provided by this subsection, if the |
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commissioner certifies that the amount appropriated for a state |
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fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds |
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the amount to which school districts are entitled under those |
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subchapters for that year, the commissioner shall use the excess |
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funds, in an amount not to exceed $20 million in any state fiscal |
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year, for the purpose of making grants under this section. The use |
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of excess funds under this subsection has priority over any |
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provision of Chapter 42 that permits or directs the use of excess |
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foundation school program funds, including Sections 42.2517, |
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[42.2521,] 42.2522, and 42.2531. The commissioner is required to |
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use excess funds as provided by this subsection only if the |
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commissioner is not required to reduce the total amount of state |
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funds allocated to school districts under Section 42.253(h). |
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SECTION 3. Section 12.106, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) A charter holder is entitled to receive for the |
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open-enrollment charter school funding under Chapter 42 equal to |
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the greater of: |
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(1) the amount of funding per student in weighted |
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average daily attendance, excluding enrichment funding under |
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Sections 42.302(a-1)(2) and (3), as they existed on January 1, |
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2009, received for the school during the 2008-2009 school year and |
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an additional amount of $100 for each student in weighted average |
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daily attendance; or |
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(2) the amount of funding per student in weighted |
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average daily attendance, excluding enrichment funding under |
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Section 42.302(a), to which the charter holder would be entitled |
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for the school under Chapter 42 [as] if the school were a school |
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district without a tier one local share for purposes of Section |
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42.253 and without any local revenue [("LR")] for purposes of |
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Section 42.2516 [42.302]. |
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(a-1) In determining funding for an open-enrollment charter |
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school under Subsection (a)(2), adjustments under Sections 42.102, |
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42.103, 42.104, and 42.105 [and the district enrichment tax rate
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("DTR") under Section 42.302] are based on the average adjustment |
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[and average district enrichment tax rate] for the state. |
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(a-2) In addition to the funding provided by Subsection (a), |
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a charter holder is entitled to receive for the open-enrollment |
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charter school enrichment funding under Section 42.302(a) based on |
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the state average tax effort. |
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SECTION 4. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.1331 to read as follows: |
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Sec. 12.1331. WAGE INCREASE FOR CERTAIN PROFESSIONAL STAFF. |
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(a) This section applies to a charter holder that on January 1, |
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2009, operated an open-enrollment charter school. |
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(b) Beginning with the 2009-2010 school year, each charter |
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holder shall increase the monthly salary of each classroom teacher, |
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full-time speech pathologist, full-time librarian, full-time |
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counselor, and full-time school nurse employed by the charter |
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holder at an open-enrollment charter school by the greater of: |
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(1) $80; or |
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(2) the maximum uniform amount that, when combined |
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with any resulting increases in the amount of contributions made by |
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the charter holder for social security coverage for the specified |
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employees or by the charter holder on behalf of the specified |
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employees under Section 825.405, Government Code, may be provided |
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using 50 percent of any additional funding received by the charter |
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holder as a result of changes made by H.B. No. 3646, Acts of the 81st |
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Legislature, Regular Session, 2009, to Chapters 41 and 42 over the |
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funding the charter holder would have received under Chapter 42, as |
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it existed on January 1, 2009, as determined by the commissioner. |
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(c) A payment under Subsection (b) is in addition to wages |
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the charter holder would otherwise pay the employee during the |
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school year. |
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SECTION 5. Effective September 1, 2009, Section 21.402, |
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Education Code, is amended by amending Subsections (a), (d), and |
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(g) and adding Subsections (c-1), (c-2), (c-3), and (c-4) to read as |
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follows: |
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(a) Except as provided by Subsection (d), (e), or (f), a |
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school district must pay each classroom teacher, full-time |
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librarian, full-time counselor certified under Subchapter B, or |
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full-time school nurse not less than the minimum monthly salary, |
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based on the employee's level of experience in addition to other |
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factors, as determined by commissioner rule, determined by the |
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following formula: |
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MS = SF x FS |
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where: |
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"MS" is the minimum monthly salary; |
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"SF" is the applicable salary factor specified by Subsection |
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(c); and |
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"FS" is the amount, as determined by the commissioner under |
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Subsection (b), of state and local funds per weighted student, |
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including funds provided under Section 42.2516 [42.2516(b)(1)(B),
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but not funds provided under Section 42.2516(b)(1)(A), (b)(1)(C),
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(b)(2), or (b)(3)], available to a district eligible to receive |
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state assistance under Section 42.302 with a maintenance and |
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operations tax rate per $100 of taxable value equal to the product |
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of the state compression percentage, as determined under Section |
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42.2516, multiplied by $1.50, except that the amount of state and |
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local funds per weighted student does not include the amount |
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attributable to the increase in the guaranteed level made by |
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Chapter 1187, Acts of the 77th Legislature, Regular Session, 2001. |
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(c-1) Notwithstanding Subsection (a), for the 2009-2010 and |
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2010-2011 school years, each school district shall increase the |
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monthly salary of each classroom teacher, full-time speech |
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pathologist, full-time librarian, full-time counselor certified |
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under Subchapter B, and full-time school nurse by the greater of: |
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(1) $80; or |
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(2) the maximum uniform amount that, when combined |
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with any resulting increases in the amount of contributions made by |
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the district for social security coverage for the specified |
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employees or by the district on behalf of the specified employees |
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under Section 825.405, Government Code, may be provided using 50 |
|
percent of any additional funding received by the district as a |
|
result of changes made by H.B. No. 3646, Acts of the 81st |
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Legislature, Regular Session, 2009, to Chapters 41 and 42 over the |
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funding to which the district would have been entitled under |
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Chapters 41 and 42, as those chapters existed on January 1, 2009, at |
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the maintenance and operations tax rate equal to the rate adopted by |
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the district for the 2008-2009 school year, as determined by the |
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commissioner. |
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(c-2) An increase in salary under Subsection (c-1) does not |
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include: |
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(1) any amount an employee would have received for the |
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2009-2010 or 2010-2011 school year, as applicable, under the |
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district's salary schedule for the 2008-2009 school year, if that |
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schedule had been in effect for the 2009-2010 or 2010-2011 school |
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year, including any local supplement and any money representing a |
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career ladder supplement the employee would have received in the |
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2009-2010 or 2010-2011 school year; or |
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(2) any part of the salary to which an employee is |
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entitled under Subsection (a). |
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(c-3) Subsections (c-1) and (c-2) and this subsection |
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expire September 1, 2011. |
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(c-4) Notwithstanding any other provision of this section, |
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the salary factor for purposes of this section for an employee with |
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21 or more years of experience is 1.0217. |
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(d) A classroom teacher, full-time speech pathologist, |
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full-time librarian, full-time counselor certified under |
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Subchapter B, or full-time school nurse employed by a school |
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district in the 2010-2011 [2006-2007] school year is, as long as the |
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employee is employed by the same district, entitled to a salary that |
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is at least equal to the salary the employee received for the |
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2010-2011 [2006-2007] school year. |
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(g) The commissioner may adopt rules to govern the |
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application of this section, including rules that: |
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(1) require the payment of a minimum salary under this |
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section to a person employed in more than one capacity for which a |
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minimum salary is provided and whose combined employment in those |
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capacities constitutes full-time employment; and |
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(2) specify the credentials a person must hold to be |
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considered a speech pathologist or school nurse under this section. |
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SECTION 6. Effective September 1, 2010, Section 21.402, |
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Education Code, is amended by adding Subsection (c-4) to read as |
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follows: |
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(c-4) Notwithstanding any other provision of this section, |
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the salary factors per step for purposes of this section for an |
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employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 and over |
|
|
Salary Factor |
1.0217 |
1.0344 |
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SECTION 7. Effective September 1, 2011, Section 21.402, |
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Education Code, is amended by adding Subsection (c-4) to read as |
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follows: |
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(c-4) Notwithstanding any other provision of this section, |
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the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 and over |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
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SECTION 8. Effective September 1, 2012, Section 21.402, |
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Education Code, is amended by adding Subsection (c-4) to read as |
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follows: |
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(c-4) Notwithstanding any other provision of this section, |
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the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
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|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
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Years Experience |
24 and over |
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SECTION 9. Effective September 1, 2013, Section 21.402, |
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Education Code, is amended by adding Subsection (c-4) to read as |
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follows: |
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(c-4) Notwithstanding any other provision of this section, |
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the salary factors per step for purposes of this section for an |
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employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
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Years Experience |
24 |
25 and over |
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|
|
Salary Factor |
1.0598 |
1.0725 |
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SECTION 10. Effective September 1, 2014, Section 21.402, |
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Education Code, is amended by adding Subsection (c-4) to read as |
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follows: |
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(c-4) Notwithstanding any other provision of this section, |
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the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 and over |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
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SECTION 11. Effective September 1, 2015, Section 21.402, |
|
Education Code, is amended by adding Subsection (c-4) to read as |
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follows: |
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(c-4) Notwithstanding any other provision of this section, |
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the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
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Years Experience |
27 and over |
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|
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SECTION 12. Effective September 1, 2016, Section 21.402, |
|
Education Code, is amended by adding Subsection (c-4) to read as |
|
follows: |
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(c-4) Notwithstanding any other provision of this section, |
|
the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
|
|
Years Experience |
27 |
28 and over |
|
|
|
Salary Factor |
1.0979 |
1.1106 |
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|
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SECTION 13. Effective September 1, 2017, Section 21.402, |
|
Education Code, is amended by adding Subsection (c-4) to read as |
|
follows: |
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(c-4) Notwithstanding any other provision of this section, |
|
the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
|
|
Years Experience |
27 |
28 |
29 and over |
|
|
Salary Factor |
1.0979 |
1.1106 |
1.1233 |
|
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SECTION 14. Effective September 1, 2018, Section 21.402, |
|
Education Code, is amended by adding Subsection (c-4) to read as |
|
follows: |
|
(c-4) Notwithstanding any other provision of this section, |
|
the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
|
|
Years Experience |
27 |
28 |
29 |
|
|
Salary Factor |
1.0979 |
1.1106 |
1.1233 |
|
|
Years Experience |
30 and over |
|
|
|
|
|
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SECTION 15. Effective September 1, 2019, Section 21.402, |
|
Education Code, is amended by adding Subsection (c-4) to read as |
|
follows: |
|
(c-4) Notwithstanding any other provision of this section, |
|
the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
|
|
Years Experience |
27 |
28 |
29 |
|
|
Salary Factor |
1.0979 |
1.1106 |
1.1233 |
|
|
Years Experience |
30 |
31 and over |
|
|
|
Salary Factor |
1.1360 |
1.1487 |
|
|
|
SECTION 16. Effective September 1, 2020, Section 21.402, |
|
Education Code, is amended by adding Subsection (c-4) to read as |
|
follows: |
|
(c-4) Notwithstanding any other provision of this section, |
|
the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
|
|
Years Experience |
27 |
28 |
29 |
|
|
Salary Factor |
1.0979 |
1.1106 |
1.1233 |
|
|
Years Experience |
30 |
31 |
32 and over |
|
|
Salary Factor |
1.1360 |
1.1487 |
1.1614 |
|
|
SECTION 17. Effective September 1, 2021, Section 21.402, |
|
Education Code, is amended by adding Subsection (c-4) to read as |
|
follows: |
|
(c-4) Notwithstanding any other provision of this section, |
|
the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
|
|
Years Experience |
27 |
28 |
29 |
|
|
Salary Factor |
1.0979 |
1.1106 |
1.1233 |
|
|
Years Experience |
30 |
31 |
32 |
|
|
Salary Factor |
1.1360 |
1.1487 |
1.1614 |
|
|
Years Experience |
33 and over |
|
|
|
|
|
|
SECTION 18. Effective September 1, 2022, Section 21.402, |
|
Education Code, is amended by adding Subsection (c-4) to read as |
|
follows: |
|
(c-4) Notwithstanding any other provision of this section, |
|
the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
|
|
Years Experience |
27 |
28 |
29 |
|
|
Salary Factor |
1.0979 |
1.1106 |
1.1233 |
|
|
Years Experience |
30 |
31 |
32 |
|
|
Salary Factor |
1.1360 |
1.1487 |
1.1614 |
|
|
Years Experience |
33 |
34 and over |
|
|
|
Salary Factor |
1.1741 |
1.1868 |
|
|
|
SECTION 19. Effective September 1, 2023, Section 21.402, |
|
Education Code, is amended by adding Subsection (c-4) to read as |
|
follows: |
|
(c-4) Notwithstanding any other provision of this section, |
|
the salary factors per step for purposes of this section for an |
|
employee with 21 or more years of experience are as follows: |
|
Years Experience |
21 |
22 |
23 |
|
|
Salary Factor |
1.0217 |
1.0344 |
1.0471 |
|
|
Years Experience |
24 |
25 |
26 |
|
|
Salary Factor |
1.0598 |
1.0725 |
1.0852 |
|
|
Years Experience |
27 |
28 |
29 |
|
|
Salary Factor |
1.0979 |
1.1106 |
1.1233 |
|
|
Years Experience |
30 |
31 |
32 |
|
|
Salary Factor |
1.1360 |
1.1487 |
1.1614 |
|
|
Years Experience |
33 |
34 |
35 and over |
|
|
Salary Factor |
1.1741 |
1.1868 |
1.1995 |
|
|
SECTION 20. Effective September 1, 2009, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 21 [20] is reached. |
|
SECTION 21. Effective September 1, 2010, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 22 [20] is reached. |
|
SECTION 22. Effective September 1, 2011, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 23 [20] is reached. |
|
SECTION 23. Effective September 1, 2012, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 24 [20] is reached. |
|
SECTION 24. Effective September 1, 2013, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 25 [20] is reached. |
|
SECTION 25. Effective September 1, 2014, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 26 [20] is reached. |
|
SECTION 26. Effective September 1, 2015, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 27 [20] is reached. |
|
SECTION 27. Effective September 1, 2016, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 28 [20] is reached. |
|
SECTION 28. Effective September 1, 2017, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 29 [20] is reached. |
|
SECTION 29. Effective September 1, 2018, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 30 [20] is reached. |
|
SECTION 30. Effective September 1, 2019, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 31 [20] is reached. |
|
SECTION 31. Effective September 1, 2020, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 32 [20] is reached. |
|
SECTION 32. Effective September 1, 2021, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 33 [20] is reached. |
|
SECTION 33. Effective September 1, 2022, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 34 [20] is reached. |
|
SECTION 34. Effective September 1, 2023, Section 21.403(a), |
|
Education Code, is amended to read as follows: |
|
(a) A teacher, librarian, counselor, or nurse shall advance |
|
one step on the minimum salary schedule under Section 21.402 for |
|
each year of experience as a teacher, librarian, counselor, or |
|
nurse until step 35 [20] is reached. |
|
SECTION 35. Section 21.415(a), Education Code, is amended |
|
to read as follows: |
|
(a) A school district shall provide in employment contracts |
|
that qualifying employees may receive an incentive payment under an |
|
awards program established under Subchapter [N or] O if the |
|
district participates in the program. |
|
SECTION 36. Sections 21.703(a) and (d), Education Code, are |
|
amended to read as follows: |
|
(a) Each state fiscal year, the commissioner shall deposit |
|
an amount determined by the General Appropriations Act [the sum of
|
|
$1,000 multiplied by the number of classroom teachers in this
|
|
state] to the credit of the educator excellence fund in the general |
|
revenue fund. Each state fiscal year, the agency shall use[:
|
|
[(1)
not more than $100 million of the funds in the
|
|
educator excellence fund to provide grant awards under the awards
|
|
for student achievement program established under Subchapter N; and
|
|
[(2) any remaining] funds in the educator excellence |
|
fund to provide a qualifying school district a grant in an amount |
|
determined by: |
|
(1) [(A)] dividing the amount of [remaining] money |
|
available for distribution in the educator excellence fund by the |
|
total number of students in weighted average daily attendance in |
|
qualifying districts for that fiscal year; and |
|
(2) [(B)] multiplying the amount determined under |
|
Subdivision (1) [Paragraph (A)] by the number of students in |
|
weighted average daily attendance in the district. |
|
(d) Notwithstanding Subsection (a) [or (b)], the agency may |
|
use funds in the educator excellence fund as necessary to conduct or |
|
contract with another entity to conduct the evaluation required |
|
under Section 21.706. This subsection expires June 1, 2011. |
|
SECTION 37. Section 21.704, Education Code, is amended by |
|
adding Subsection (c-1) to read as follows: |
|
(c-1) A local awards plan must provide for teachers and |
|
principals eligible to receive awards under the plan to be notified |
|
of the specific criteria and any formulas on which the awards will |
|
be based before the beginning of the period on which the awards will |
|
be based. |
|
SECTION 38. Section 21.705, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.705. AWARD PAYMENTS. A school district must use at |
|
least 30 [60] percent of grant funds awarded to the district under |
|
this subchapter to directly award classroom teachers who |
|
effectively improve student achievement as determined by |
|
meaningful, objective measures. The remaining funds must be used |
|
only to: |
|
(1) recruit and retain highly qualified teachers and |
|
principals for campuses serving a disproportionately high number of |
|
economically disadvantaged students or students of limited English |
|
proficiency, as defined by Section 29.052; |
|
(2) recruit and retain teachers certified under |
|
Subchapter B in mathematics, science, special education, bilingual |
|
education, or English as a second language; |
|
(3) provide teacher induction and mentoring support; |
|
or |
|
(4) provide funding for previously developed |
|
incentive programs [provide stipends to effective mentors or
|
|
teacher coaches;
|
|
[(2)
provide stipends to classroom teachers who are
|
|
certified in a subject that is designated by the commissioner as
|
|
commonly experiencing a critical shortage of teachers;
|
|
[(3)
provide stipends to classroom teachers who are
|
|
certified under Subchapter B in the main subject area in which they
|
|
teach;
|
|
[(4)
provide stipends to classroom teachers with
|
|
proven records of success for improving student performance who are
|
|
assigned to campuses at which the district has experienced
|
|
difficulty assigning or retaining teachers;
|
|
[(5)
provide stipends to classroom teachers who hold
|
|
postgraduate degrees;
|
|
[(6)
provide awards to principals who effectively
|
|
increase student performance as determined by objective measures;
|
|
[(7)
provide awards to other campus employees who
|
|
demonstrate excellence; or
|
|
[(8)
implement the components of a Teacher Advancement
|
|
Program (TAP), including:
|
|
[(A)
an instructionally focused accountability
|
|
system; and
|
|
[(B)
the adjustment of teaching schedules to
|
|
permit ongoing applied professional growth]. |
|
SECTION 39. Section 21.706(a), Education Code, is amended |
|
to read as follows: |
|
(a) Using funds from the educator excellence fund created |
|
under Section 21.703, the agency shall conduct or contract with |
|
another entity to conduct a comprehensive evaluation of the [awards
|
|
for student achievement program established under Subchapter N and
|
|
the educator excellence awards] program [established under this
|
|
subchapter]. The evaluation must include: |
|
(1) a descriptive analysis of the design and |
|
implementation of the [awards for student achievement program and
|
|
the educator excellence awards] program at participating campuses |
|
or school districts, including detailed descriptions of the models |
|
and approaches used by the campuses or districts in distributing |
|
incentive awards to classroom teachers; |
|
(2) detailed information regarding the distribution |
|
of incentive awards to classroom teachers under the [awards for
|
|
student achievement program and the educator excellence awards] |
|
program, including the measurements used by the campuses or |
|
districts in determining the amounts of incentive awards to |
|
distribute to classroom teachers; |
|
(3) a comprehensive, quantitative analysis of the |
|
impact of the [awards for student achievement program and the
|
|
educator excellence awards] program at participating campuses or |
|
districts, including the impact of the various incentive award |
|
distribution models used by the campuses or districts on key |
|
outcomes in the program [programs]; and |
|
(4) a summary of the approaches used by participating |
|
campuses or districts in distributing grant funds that are not |
|
specifically designated for distribution as incentive awards for |
|
classroom teachers and an assessment of whether those funds are |
|
used effectively by the participating campuses or districts. |
|
SECTION 40. Section 21.707, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.707. RULES. The commissioner shall adopt rules |
|
necessary to administer this subchapter. The rules may not |
|
establish additional criteria for local awards plans other than |
|
those established by this subchapter, except as necessary to |
|
provide financial accountability for the grants. |
|
SECTION 41. Subchapter A, Chapter 29, Education Code, is |
|
amended by adding Section 29.018 to read as follows: |
|
Sec. 29.018. SPECIAL EDUCATION GRANT. (a) From funds |
|
appropriated for the purposes of this section, federal funds, or |
|
any other funds available, the commissioner shall make grants |
|
available to school districts to assist districts in covering the |
|
cost of educating students with disabilities. |
|
(b) A school district is eligible to apply for a grant under |
|
this section if: |
|
(1) the district does not receive sufficient funds, |
|
including state funds provided under Section 42.151 and federal |
|
funds, for a student with disabilities to pay for the special |
|
education services provided to the student; or |
|
(2) the district does not receive sufficient funds, |
|
including state funds provided under Section 42.151 and federal |
|
funds, for all students with disabilities in the district to pay for |
|
the special education services provided to the students. |
|
(c) A school district that applies for a grant under this |
|
section must provide the commissioner with a report comparing the |
|
state and federal funds received by the district for students with |
|
disabilities and the expenses incurred by the district in providing |
|
special education services to students with disabilities. |
|
(d) Expenses that may be included by a school district in |
|
applying for a grant under this section include the cost of training |
|
personnel to provide special education services to a student with |
|
disabilities. |
|
(e) A school district that receives a grant under this |
|
section must educate students with disabilities in the least |
|
restrictive environment that is appropriate to meet the student's |
|
educational needs. |
|
(f) The commissioner shall adopt rules as necessary to |
|
administer this section. |
|
SECTION 42. Section 29.082, Education Code, is amended by |
|
adding Subsection (h) to read as follows: |
|
(h) The commissioner shall give priority to applications |
|
for extended year programs to districts with high concentrations of |
|
educationally disadvantaged students. |
|
SECTION 43. Section 29.0822, Education Code, is amended by |
|
amending Subsections (a), (c), and (d) and adding Subsection (e) to |
|
read as follows: |
|
(a) Notwithstanding Section 25.081 or 25.082, a school |
|
district may apply to the commissioner to provide a flexible school |
|
day program for students [in grades nine through 12] who: |
|
(1) have dropped out of school or are at risk of |
|
dropping out of school as defined by Section 29.081; [or] |
|
(2) attend a campus that is implementing an innovative |
|
redesign of the campus or an early college high school under a plan |
|
approved by the commissioner; or |
|
(3) as a result of attendance requirements under |
|
Section 25.092, will be denied credit for one or more classes in |
|
which the students have been enrolled. |
|
(c) Except in the case of a course designed for a student |
|
described by Subsection (a)(3), a [A] course offered in a program |
|
under this section must provide for at least the same number of |
|
instructional hours as required for a course offered in a program |
|
that meets the required minimum number of instructional days under |
|
Section 25.081 and the required length of school day under Section |
|
25.082. |
|
(d) The commissioner may adopt rules for the administration |
|
of this section, including rules establishing application |
|
requirements. The commissioner shall calculate average daily |
|
attendance for students served under this section. The |
|
commissioner shall allow accumulations of hours of instruction for |
|
students whose schedule would not otherwise allow full state |
|
funding. Funding under this subsection shall be determined based |
|
on the number of instructional days in the school district calendar |
|
and a seven-hour school day, but attendance may be cumulated over a |
|
school year, including any summer or vacation session. The |
|
attendance of students who accumulate less than the number of |
|
attendance hours required under this subsection shall be |
|
proportionately reduced for funding purposes. The commissioner |
|
may: |
|
(1) set maximum funding amounts for an individual |
|
course under this section; and |
|
(2) limit funding for the attendance of a student |
|
described by Subsection (a)(3) in a course under this section to |
|
funding only for the attendance necessary for the student to earn |
|
class credit that, as a result of attendance requirements under |
|
Section 25.092, the student would not otherwise be able to receive |
|
without retaking the class. |
|
(e) A student described by Subsection (a)(3) may enroll in a |
|
course in a program under this section offered during the school |
|
year or during the period in which school is recessed for the summer |
|
to enable the student to earn class credit that, as a result of |
|
attendance requirements under Section 25.092, the student would not |
|
otherwise be able to receive without retaking the class. |
|
SECTION 44. Section 29.085, Education Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) From funds appropriated for the purpose, the |
|
commissioner shall distribute funds for programs under this |
|
section. In distributing those funds, the commissioner shall give |
|
preference to school districts that received funds for a program |
|
under this section for the preceding school year and then to the |
|
districts that have the highest concentration of students who are |
|
pregnant or who are parents. To receive funds for a program under |
|
this section, a school district must apply to the commissioner. A |
|
program established under this section is required only in school |
|
districts in which the program is financed by funds distributed |
|
under this subsection and any other funds available for the |
|
program. |
|
SECTION 45. Section 29.097(g), Education Code, is amended |
|
to read as follows: |
|
(g) For purposes of Subsection (f)(2), a school district is |
|
encouraged to use funds allocated under Section 42.160 |
|
[42.2516(b)(3)]. |
|
SECTION 46. Section 29.098(h), Education Code, is amended |
|
to read as follows: |
|
(h) For purposes of Subsection (g)(2), a school district is |
|
encouraged to use funds allocated under Section 42.160 |
|
[42.2516(b)(3)]. |
|
SECTION 47. Section 29.918(a), Education Code, is amended |
|
to read as follows: |
|
(a) Notwithstanding Section [39.114 or] 42.152 or 42.160, a |
|
school district or open-enrollment charter school with a high |
|
dropout rate, as determined by the commissioner, must submit a plan |
|
to the commissioner describing the manner in which the district or |
|
charter school intends to use the compensatory education allotment |
|
under Section 42.152 and the high school allotment under Section |
|
42.160 [42.2516(b)(3)] for developing and implementing |
|
research-based strategies for dropout prevention. The district or |
|
charter school shall submit the plan not later than December 1 of |
|
each school year preceding the school year in which the district or |
|
charter school will receive the compensatory education allotment or |
|
high school allotment to which the plan applies. |
|
SECTION 48. Section 29.919(e), Education Code, is amended |
|
to read as follows: |
|
(e) As a condition of receiving a state grant, a campus must |
|
contribute additional funding for activities provided at the campus |
|
through the program, in an amount equal to at least $100 each school |
|
year for each student in an eligible grade level served through the |
|
program. The additional funding required by this subsection may |
|
consist of local funds, private funds, or state funds other than |
|
grant funds provided under this section. For program activities |
|
provided at the high school level, the high school allotment |
|
provided under Section 42.160 [42.2516(b)(3)] may be used to meet |
|
the additional funding requirement prescribed by this subsection. |
|
SECTION 49. Section 33.002(a), Education Code, is amended |
|
to read as follows: |
|
(a) From funds appropriated for the purpose or other funds |
|
that may be used for the purpose, the commissioner shall distribute |
|
funds for programs under this subchapter. In distributing those |
|
funds, the commissioner shall give preference to a school district |
|
that received funds under this subsection for the preceding school |
|
year and then to the districts that have the highest concentration |
|
of students at risk of dropping out of school, as described by |
|
Section 29.081. To receive funds for the program, a school district |
|
must apply to the commissioner. For each school year that a school |
|
district receives funds under this subsection, the district shall |
|
allocate an amount of local funds for school guidance and |
|
counseling programs that is equal to or greater than the amount of |
|
local funds that the school district allocated for that purpose |
|
during the preceding school year. This section applies only to a |
|
school district that receives funds as provided by this subsection |
|
[Section 42.152(i)]. |
|
SECTION 50. Sections 39.024(c) and (d), Education Code, are |
|
amended to read as follows: |
|
(c) Using funds appropriated for purposes of this |
|
subsection, the [The] agency shall develop study guides for the |
|
assessment instruments administered under Sections 39.023(a) and |
|
(c). To assist parents in providing assistance during the period |
|
that school is recessed for summer, each school district shall |
|
distribute the study guides to parents of students who do not |
|
perform satisfactorily on one or more parts of an assessment |
|
instrument administered under this subchapter. |
|
(d) Using funds appropriated for purposes of this |
|
subsection, the [The] agency shall develop and make available |
|
teacher training materials and other teacher training resources to |
|
assist teachers in enabling students of limited English proficiency |
|
to meet state performance expectations. The teacher training |
|
resources shall be designed to support intensive, individualized, |
|
and accelerated instructional programs developed by school |
|
districts for students of limited English proficiency. |
|
SECTION 51. Section 39.031, Education Code, is amended to |
|
read as follows: |
|
Sec. 39.031. COST. [(a)] The cost of preparing, |
|
administering, or grading the assessment instruments and [shall be
|
|
paid from the funds allotted under Section 42.152, and each
|
|
district shall bear the cost in the same manner described for a
|
|
reduction in allotments under Section 42.253. If a district does
|
|
not receive an allotment under Section 42.152, the commissioner
|
|
shall subtract the cost from the district's other foundation school
|
|
fund allotments.
|
|
[(b) The cost of] releasing the question and answer keys |
|
under Section 39.023(e) shall be paid from amounts appropriated to |
|
the agency. |
|
SECTION 52. The heading to Section 39.114, Education Code, |
|
is amended to read as follows: |
|
Sec. 39.114. USE OF HIGH SCHOOL ALLOTMENT. |
|
SECTION 53. Sections 39.114(a) and (b), Education Code, are |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (b), a school district |
|
or campus must use funds allocated under Section 42.160 |
|
[42.2516(b)(3)] to: |
|
(1) implement or administer a college readiness |
|
program that provides academic support and instruction to prepare |
|
underachieving students for entrance into an institution of higher |
|
education; |
|
(2) implement or administer a program that encourages |
|
students to pursue advanced academic opportunities, including |
|
early college high school programs and dual credit, advanced |
|
placement, and international baccalaureate courses; |
|
(3) implement or administer a program that provides |
|
opportunities for students to take academically rigorous course |
|
work, including four years of mathematics and four years of science |
|
at the high school level; |
|
(4) implement or administer a program, including |
|
online course support and professional development, that aligns the |
|
curriculum for grades six through 12 with postsecondary curriculum |
|
and expectations; or |
|
(5) implement or administer other high school |
|
completion and success initiatives in grades six through 12 |
|
approved by the commissioner. |
|
(b) A school district may use funds allocated under Section |
|
42.160 [42.2516(b)(3)] on any instructional program in grades six |
|
through 12 other than an athletic program if: |
|
(1) the district is recognized as exceptional by the |
|
commissioner under the academic accountability indicator adopted |
|
under Section 39.051(b)(13); and |
|
(2) the district's completion rates for grades nine |
|
through 12 meet or exceed completion rate standards required by the |
|
commissioner to achieve a rating of exemplary under Section 39.072. |
|
SECTION 54. Section 41.001, Education Code, is amended to |
|
read as follows: |
|
Sec. 41.001. DEFINITIONS. In this chapter: |
|
(1) "Effective tax rate" has the meaning assigned by |
|
Section 42.010. |
|
(2) "Equalized wealth level" means the wealth per |
|
student provided by Section 41.002. |
|
(3) [(2)] "Wealth per student" means the taxable value |
|
of property, as determined under Subchapter M, Chapter 403, |
|
Government Code, divided by the number of students in weighted |
|
average daily attendance. |
|
(4) [(3)] "Weighted average daily attendance" has the |
|
meaning assigned by Section 42.302. |
|
SECTION 55. Subchapter A, Chapter 41, Education Code, is |
|
amended by adding Sections 41.0011 and 41.0012 to read as follows: |
|
Sec. 41.0011. REFERENCES TO TAXABLE VALUE OF DISTRICT |
|
PROPERTY. A reference in this chapter to the taxable value of |
|
property in a district, as determined under Subchapter M, Chapter |
|
403, Government Code, refers to the value for the current year |
|
unless otherwise specified. |
|
Sec. 41.0012. MODIFICATION FOR DISTRICTS WITH SPECIAL LAW |
|
TAXING AUTHORITY. (a) This section applies only to a school |
|
district that imposed a maintenance and operations tax for the 2005 |
|
tax year at a rate greater than $1.50 per $100 of taxable value, as |
|
permitted by special law. |
|
(b) For any district to which this section applies, the |
|
commissioner shall implement any provision of this chapter that |
|
refers to a maintenance and operations tax rate equal to the lesser |
|
of $1 or a district's effective rate less six cents, or that makes a |
|
substantially similar reference, as if the provision referred to a |
|
rate equal to the lesser of: |
|
(1) the rate equal to the product of the state |
|
compression percentage multiplied by the maintenance and |
|
operations tax rate adopted by the district for the 2005 tax year; |
|
or |
|
(2) a district's effective maintenance and operations |
|
tax rate less six cents. |
|
SECTION 56. Section 41.002(a), Education Code, is amended |
|
to read as follows: |
|
(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 |
|
available to a district described by Section 42.101(b) [at the 88th
|
|
percentile in wealth per student], for the district's maintenance |
|
and operations tax effort equal to or less than an effective tax |
|
rate of the lesser of $1.00 or the rate that is six cents less than |
|
the district's effective maintenance and operations tax rate [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]; |
|
or |
|
(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 under Section 42.302 for |
|
each cent of a district's tax rate other than the last six cents of |
|
that rate [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 effort that [rate] exceeds the tax effort described |
|
by Subdivision (1) [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)
$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]. |
|
SECTION 57. Section 41.002(e), Education Code, is amended |
|
to read as follows: |
|
(e) Notwithstanding Subsection (a), [and except as provided
|
|
by Subsection (g),] in accordance with a determination of the |
|
commissioner, the wealth per student that a school district may |
|
have after exercising an option under Section 41.003(2) or (3) may |
|
not be less than the amount needed to maintain state and local |
|
revenue in an amount equal to state and local revenue per weighted |
|
student for maintenance and operation of the district for the |
|
1992-1993 school year less the district's current year distribution |
|
per weighted student from the available school fund, other than |
|
amounts distributed under Chapter 31, if the district imposes an |
|
effective tax rate for maintenance and operation of the district |
|
equal to the greater of the district's current tax rate or $1.50 on |
|
the $100 valuation of taxable property. |
|
SECTION 58. Subchapter A, Chapter 41, Education Code, is |
|
amended by adding Section 41.0032 to read as follows: |
|
Sec. 41.0032. TOLLING OF ACTION TO ACHIEVE EQUALIZED WEALTH |
|
LEVEL. (a) Notwithstanding any other provision of this chapter, if |
|
a school district would otherwise be required by this chapter to |
|
take action to achieve the equalized wealth level for the first time |
|
for the 2009-2010 or a later school year, the district is not |
|
required to take that action until the following school year. |
|
(b) For purposes of this section, a district is not required |
|
to take action to achieve the equalized wealth level until the cost |
|
to the district to purchase attendance credits under Subchapter D |
|
exceeds the amount to which the district is entitled under Section |
|
42.2516. |
|
(c) The commissioner may adopt rules implementing this |
|
section as necessary to provide for a district described by this |
|
section a one-year tolling of the deadlines specified in this |
|
chapter. |
|
SECTION 59. Section 41.093(b-1), Education Code, is amended |
|
to read as follows: |
|
(b-1) If the guaranteed level of state and local funds per |
|
weighted student per cent of tax effort under Section 42.302(g) |
|
[42.302(a-1)(2)] for which state funds are appropriated for a |
|
school year is an amount at least equal to the amount of revenue per |
|
weighted student per cent of tax effort available to the Austin |
|
Independent School District, as determined by the commissioner in |
|
cooperation with the Legislative Budget Board, the commissioner, in |
|
computing the amounts described by Subsections (a)(1) and (2) and |
|
determining the cost of an attendance credit, shall exclude |
|
maintenance and operations tax revenue resulting from the last |
|
[first] six cents of [by which] a district's effective maintenance |
|
and operations tax rate, provided that the district adopts a |
|
maintenance and operations tax rate for that school year at a rate |
|
at least equal to the greater of the rate adopted by the district |
|
for the 2008-2009 school year or the rate equal to the product of |
|
the state compression percentage multiplied by the maintenance and |
|
operations tax rate adopted by the district for the 2005 tax year. |
|
If the district adopts a maintenance and operations tax at a rate |
|
lower than the greater of those rates, the commissioner shall |
|
exclude maintenance and operations tax revenue resulting from the |
|
first six cents by which the district's effective 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. |
|
SECTION 60. Section 41.121, Education Code, is amended to |
|
read as follows: |
|
Sec. 41.121. AGREEMENT. The board of trustees of a district |
|
with a wealth per student that exceeds the equalized wealth level |
|
may execute an agreement to educate the students of another |
|
district in a number that, when the weighted average daily |
|
attendance of the students served is added to the weighted average |
|
daily attendance of the contracting district, is sufficient, in |
|
combination with any other actions taken under this chapter, to |
|
reduce the district's wealth per student to a level that is equal to |
|
or less than the equalized wealth level. The agreement is not |
|
effective unless the commissioner certifies that the transfer of |
|
weighted average daily attendance will not result in any of the |
|
contracting districts' wealth per student being greater than the |
|
equalized wealth level and that the agreement requires an |
|
expenditure per student in weighted average daily attendance that |
|
is at least equal to the amount per student in weighted average |
|
daily attendance required under Section 41.093[, unless it is
|
|
determined by the commissioner that a quality educational program
|
|
can be delivered at a lesser amount. The commissioner may approve a
|
|
special financial arrangement between districts if that
|
|
arrangement serves the best educational interests of the state]. |
|
SECTION 61. Subchapter A, Chapter 42, Education Code, is |
|
amended by adding Sections 42.009, 42.010, and 42.011 to read as |
|
follows: |
|
Sec. 42.009. REFERENCES TO TAXABLE VALUE OF DISTRICT |
|
PROPERTY. A reference in this chapter to the taxable value of |
|
property in a district, as determined under Subchapter M, Chapter |
|
403, Government Code, refers to the value for the current year. |
|
Sec. 42.010. EFFECTIVE TAX RATE. For purposes of this |
|
chapter, a school district's effective tax rate means the rate |
|
determined by dividing the total amount of taxes collected by the |
|
district for the applicable school year less any amounts paid into a |
|
tax increment fund under Chapter 311, Tax Code, by the quotient of |
|
the district's taxable value of property, as determined under |
|
Subchapter M, Chapter 403, Government Code, divided by 100. |
|
Sec. 42.011. MODIFICATION FOR DISTRICTS WITH SPECIAL LAW |
|
TAXING AUTHORITY. (a) This section applies only to a school |
|
district that imposed a maintenance and operations tax for the 2005 |
|
tax year at a rate greater than $1.50 per $100 of taxable value, as |
|
permitted by special law. |
|
(b) For any district to which this section applies, the |
|
commissioner shall implement any provision of this chapter that |
|
refers to a maintenance and operations tax rate equal to the lesser |
|
of $1 or a district's effective rate less six cents, or that makes a |
|
substantially similar reference, as if the provision referred to a |
|
rate equal to the lesser of: |
|
(1) the rate equal to the product of the state |
|
compression percentage multiplied by the maintenance and |
|
operations tax rate adopted by the district for the 2005 tax year; |
|
or |
|
(2) a district's effective maintenance and operations |
|
tax rate less six cents. |
|
SECTION 62. Section 42.101, Education Code, is amended to |
|
read as follows: |
|
Sec. 42.101. BASIC ALLOTMENT. (a) For each student in |
|
average daily attendance, not including the time students spend |
|
each day in special education programs in an instructional |
|
arrangement other than mainstream or career and technology |
|
education programs, for which an additional allotment is made under |
|
Subchapter C, a district is entitled to an allotment in an amount |
|
equal to the product of the amount per student per cent of tax |
|
effort available to a district described by Subsection (b) [at the
|
|
percentile in wealth per student specified by Section
|
|
42.302(a-1)(1)], multiplied by the lesser of: |
|
(1) the number of cents that is six cents less than the |
|
number of cents in the district's effective maintenance and |
|
operations tax rate; or |
|
(2) 100 [86. A greater amount for any school year may
|
|
be provided by appropriation]. |
|
(b) For purposes of Subsection (a), the commissioner shall |
|
determine the amount per cent of tax effort available to a district |
|
with a taxable value of property equal to the product of the |
|
statewide average taxable value of property per weighted student |
|
multiplied by 0.0001723, or a higher value as specified in the |
|
General Appropriations Act. |
|
SECTION 63. Section 42.106, Education Code, is amended to |
|
read as follows: |
|
Sec. 42.106. TUITION ALLOTMENT [ADJUSTED PROPERTY VALUE] |
|
FOR DISTRICTS NOT OFFERING ALL GRADE LEVELS. A [For purposes of
|
|
this chapter, the taxable value of property of a] school district |
|
that contracts for students residing in the district to be educated |
|
in another district under Section 25.039(a) is entitled to receive |
|
an allotment equal to [adjusted by applying the formula:
|
|
[ADPV = DPV - (TN/.015)
|
|
[where:
|
|
["ADPV" is the district's adjusted taxable value of property;
|
|
["DPV" is the taxable value of property in the district for
|
|
the preceding tax year determined under Subchapter M, Chapter 403,
|
|
Government Code; and
|
|
["TN" is] the total amount of tuition required to be paid by |
|
the district under Section 25.039 [for the school year for which the
|
|
adjustment is made], not to exceed the amount specified by |
|
commissioner rule under Section 25.039(b). |
|
SECTION 64. Section 42.152(c), Education Code, is amended |
|
to read as follows: |
|
(c) Funds allocated under this section shall be used to fund |
|
supplemental programs and services designed to eliminate any |
|
disparity in performance on assessment instruments administered |
|
under Subchapter B, Chapter 39, or disparity in the rates of high |
|
school completion between students at risk of dropping out of |
|
school, as defined by Section 29.081, and all other students. |
|
Specifically, the funds, other than an indirect cost allotment |
|
established under State Board of Education rule, which may not |
|
exceed 45 [15] percent, may be used to meet the costs of providing a |
|
compensatory, intensive, or accelerated instruction program under |
|
Section 29.081 or an alternative education program established |
|
under Section 37.008 or to support a program eligible under Title I |
|
of the Elementary and Secondary Education Act of 1965, as provided |
|
by Pub. L. No. 103-382 and its subsequent amendments, and by federal |
|
regulations implementing that Act, at a campus at which at least 40 |
|
percent of the students are educationally disadvantaged. In |
|
meeting the costs of providing a compensatory, intensive, or |
|
accelerated instruction program under Section 29.081, a district's |
|
compensatory education allotment shall be used for costs |
|
supplementary to the regular education program, such as costs for |
|
program and student evaluation, instructional materials and |
|
equipment and other supplies required for quality instruction, |
|
supplemental staff expenses, salary for teachers of at-risk |
|
students, smaller class size, and individualized instruction. A |
|
home-rule school district or an open-enrollment charter school must |
|
use funds allocated under Subsection (a) for a purpose authorized |
|
in this subsection but is not otherwise subject to Subchapter C, |
|
Chapter 29. Notwithstanding any other provisions of this section: |
|
(1) to ensure that a sufficient amount of the funds |
|
allotted under this section are available to supplement |
|
instructional programs and services, no more than 18 percent of the |
|
funds allotted under this section may be used to fund disciplinary |
|
alternative education programs established under Section 37.008; |
|
(2) the commissioner may waive the limitations of |
|
Subdivision (1) upon an annual petition, by a district's board and a |
|
district's site-based decision making committee, presenting the |
|
reason for the need to spend supplemental compensatory education |
|
funds on disciplinary alternative education programs under Section |
|
37.008, provided that: |
|
(A) the district in its petition reports the |
|
number of students in each grade level, by demographic subgroup, |
|
not making satisfactory progress under the state's assessment |
|
system; and |
|
(B) the commissioner makes the waiver request |
|
information available annually to the public on the agency's |
|
website; and |
|
(3) for purposes of this subsection, a program |
|
specifically designed to serve students at risk of dropping out of |
|
school, as defined by Section 29.081, is considered to be a program |
|
supplemental to the regular education program, and a district may |
|
use its compensatory education allotment for such a program. |
|
SECTION 65. Subchapter C, Chapter 42, Education Code, is |
|
amended by adding Section 42.1541 to read as follows: |
|
Sec. 42.1541. INDIRECT COST ALLOTMENTS. (a) The State |
|
Board of Education shall by rule increase the indirect cost |
|
allotments established under Sections 42.151(h), 42.152(c), |
|
42.153(b), and 42.154(a-1) and (c) and in effect for the 2008-2009 |
|
school year as necessary to reflect the increased percentage of |
|
total maintenance and operations funding represented by the basic |
|
allotment under Section 42.101 as a result of amendment of that |
|
section by H.B. No. 3646, Acts of the 81st Legislature, Regular |
|
Session, 2009. |
|
(b) The board shall take the action required by Subsection |
|
(a) not later than the date that permits the increased indirect cost |
|
allotments to apply beginning with the 2009-2010 school year. |
|
(c) This section expires September 1, 2010. |
|
SECTION 66. Section 42.152, Education Code, is amended by |
|
adding Subsections (s), (s-1), (s-2), (s-3), (s-4), and (s-5) to |
|
read as follows: |
|
(s) In addition to the allotment provided under Subsection |
|
(a), a school district is entitled to an annual allotment equal to |
|
$650: |
|
(1) for each student in average daily attendance who |
|
has a parent or guardian who is serving on active duty in a combat |
|
zone as a member of the armed forces of the United States; and |
|
(2) for each student in average daily attendance who: |
|
(A) has a parent or guardian serving on active |
|
duty as a member of the armed forces of the United States; and |
|
(B) has transferred to a campus in the district |
|
during the school year as a result of a change in residence because |
|
of an action taken under the Defense Base Closure and Realignment |
|
Act of 1990 (10 U.S.C. Section 2687). |
|
(s-1) Notwithstanding any other provision of this section, |
|
a school district may use funds allotted to the district under |
|
Subsection (s) only to provide supplemental programs and services |
|
described by Subsection (c) or Subsection (f) for students |
|
described by Subsection (s) who are enrolled in the district. |
|
(s-2) The amount appropriated for allotments under |
|
Subsection (s) may not exceed $9.9 million in a school year. If the |
|
total amount of allotments to which districts are entitled under |
|
Subsection (s) for a school year exceeds the amount appropriated |
|
for allotments under that subsection, the commissioner shall reduce |
|
each district's allotment under that subsection proportionately. |
|
(s-3) Notwithstanding any other provision of this chapter, |
|
payments for allotments under Subsection (s) are made as |
|
adjustments under Section 42.253(i). If the commissioner |
|
determines that the amount appropriated for purposes of the |
|
Foundation School Program exceeds the amount to which school |
|
districts are entitled under this chapter, the commissioner shall |
|
fund the adjustment for the allotments under Subsection (s) from |
|
the excess funds. |
|
(s-4) If the commissioner determines that the amount by |
|
which the funds appropriated for purposes of the Foundation School |
|
Program exceeds the amount to which school districts are entitled |
|
under this chapter is not sufficient to provide for the allotments |
|
under Subsection (s) as limited by Subsection (s-1), the |
|
commissioner shall reduce the number by which the statewide average |
|
taxable value of property per weighted student is multiplied for |
|
purposes of Section 42.101(b) by the amount necessary to provide |
|
the remaining funds. The commissioner shall include amount of the |
|
reduction in the adjustments under Section 42.253(i) in the next |
|
school year. |
|
(s-5) Subsections (s), (s-1), (s-2), (s-3), (s-4), and this |
|
subsection expire September 1, 2013. |
|
SECTION 67. Subchapter C, Chapter 42, Education Code, is |
|
amended by adding Section 42.160 to read as follows: |
|
Sec. 42.160. HIGH SCHOOL ALLOTMENT. (a) A school district |
|
is entitled to an annual allotment in an amount determined by the |
|
commissioner under Subsection (a-1) for each student in weighted |
|
average daily attendance in grades 9 through 12 in the district. |
|
For purposes of this subsection, the number of students in weighted |
|
average daily attendance is calculated by multiplying the number of |
|
students in average daily attendance in grades 9 through 12 in the |
|
district by the ratio for the district of the number of students in |
|
weighted average daily attendance to the number of students in |
|
average daily attendance. |
|
(a-1) The commissioner shall determine the amount of the |
|
allotment provided under Subsection (a) so that the total state |
|
cost of funding the allotment equals the total state cost of funding |
|
the allotment that would have resulted if the allotment were |
|
provided in the amount of $275 for each student in average daily |
|
attendance in grades 9 through 12 in the district. |
|
(b) A school district that is required to take action under |
|
Chapter 41 to reduce its wealth per student to the equalized wealth |
|
level is entitled to a credit, in the amount of the allotment to |
|
which the district is entitled under this section, against the |
|
total amount required under Section 41.093 for the district to |
|
purchase attendance credits. A school district that is otherwise |
|
ineligible for state aid under this chapter is entitled to receive |
|
allotments under this section. |
|
SECTION 68. Subchapter E, Chapter 42, Education Code, is |
|
amended by adding Section 42.25151 to read as follows: |
|
Sec. 42.25151. ADJUSTMENT FOR SUPPLEMENTAL PAYMENTS |
|
ASSOCIATED WITH AGREEMENTS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. |
|
(a) In this section, "supplemental payment" means a payment or |
|
other benefit, other than a revenue protection payment authorized |
|
by Section 313.027(f)(1), Tax Code, provided in connection with an |
|
agreement between a property owner and a school district under |
|
Chapter 313, Tax Code, by or on behalf of the property owner to: |
|
(1) the district; or |
|
(2) a foundation or other entity created to benefit |
|
the district or the district's students. |
|
(b) Notwithstanding Section 42.2516, the commissioner shall |
|
for any school year, subject to Subsection (b-1): |
|
(1) reduce the amounts due to a school district under |
|
this chapter by an amount equal to the value of any supplemental |
|
payment received during that school year by the district or a |
|
foundation or other entity created to benefit the district or the |
|
district's students; or |
|
(2) increase the amounts necessary for a school |
|
district to comply with the requirements of Chapter 41 by an amount |
|
equal to the value of any supplemental payments received during |
|
that school year by the district or a foundation or other entity |
|
created to benefit the district or the district's students. |
|
(b-1) Each school year, a school district is entitled to |
|
retain a total benefit from supplemental payments not to exceed the |
|
amounts authorized in Sections 313.027(i) and (j), Tax Code. |
|
(c) A school district shall: |
|
(1) report each supplemental payment through the |
|
Public Education Information Management System (PEIMS); and |
|
(2) clearly identify each supplemental payment in the |
|
district's adopted budget and in the annual report required by |
|
Section 44.007. |
|
(d) The commissioner, in consultation with the comptroller, |
|
as appropriate, may adopt rules necessary to implement this |
|
section. |
|
(e) This section does not apply to supplemental payments |
|
made in connection with an agreement entered into before September |
|
1, 2009. |
|
SECTION 69. Section 42.2516, Education Code, is amended by |
|
amending Subsections (a), (a-1), (b), (b-1), (b-2), (c), (e), (f), |
|
(f-1), and (g) and adding Subsections (a-2), (b-3), (b-4), (e-1), |
|
(h-1), and (m) to read as follows: |
|
(a) In this section, "state compression percentage" means |
|
the percentage, as determined by the commissioner in consultation |
|
with the Legislative Budget Board, of a school district's adopted |
|
maintenance and operations tax rate for the 2005 tax year that |
|
serves as the basis for state funding for tax rate reduction under |
|
this section. The commissioner, in consultation with the |
|
Legislative Budget Board, shall determine the state compression |
|
percentage for each school year based on the percentage by which a |
|
district is able to reduce the district's maintenance and |
|
operations tax rate for that year, as compared to the district's |
|
adopted maintenance and operations tax rate for the 2005 tax year, |
|
as a result of state funds appropriated for distribution under this |
|
section for that year from the property tax relief fund established |
|
under Section 403.109, Government Code, or from another funding |
|
source available for school district property tax relief. |
|
(a-1) For the state fiscal year ending August 31, 2009, the |
|
state compression percentage is 66.67 percent. For each subsequent |
|
state fiscal year, the state compression percentage is the lesser |
|
of: |
|
(1) the percentage determined in accordance with |
|
Subsection (a); or |
|
(2) the state compression percentage for the preceding |
|
state fiscal year. |
|
(a-2) Not later than March 1 of each year, the commissioner |
|
shall: |
|
(1) inform school districts of the state compression |
|
percentage for the following school year; and |
|
(2) post the state compression percentage for the |
|
following school year on the agency's website. [Subsection (a)
|
|
applies beginning with the state fiscal year ending August 31,
|
|
2009.
For the state fiscal year ending August 31, 2007, the state
|
|
compression percentage is 88.67 percent.
For the state fiscal year
|
|
ending August 31, 2008, the state compression percentage is 66.67
|
|
percent.
This subsection expires September 1, 2009.] |
|
(b) Subject to Subsections (b-1), (b-2), (b-3), (b-4), |
|
(f-1), (g), and (h-1) [(h)] but notwithstanding any other provision |
|
of this title, a school district is entitled to state revenue |
|
necessary to provide the district with [the sum of]: |
|
(1) the amount of state revenue necessary to maintain |
|
state and local revenue per student in weighted average daily |
|
attendance in the amount at least equal to [the greater of:
|
|
[(A)] the amount of state and local revenue per |
|
student in weighted average daily attendance for the maintenance |
|
and operations of the district available to the district for the |
|
2008-2009 [2005-2006] school year for the district's maintenance |
|
and operations tax rate equal to the product of the state |
|
compression percentage multiplied by the maintenance and |
|
operations tax rate adopted by the district for the 2005 tax year; |
|
and |
|
(2) an amount equal to the difference, if any, between |
|
the amount of maintenance and operations revenue the district is |
|
required to pay into the tax increment fund for a reinvestment zone |
|
under Section 311.013(n), Tax Code, meeting the criteria under |
|
Section 403.302(d)(4), Government Code, in the current tax year and |
|
the amount of maintenance and operations revenue collected by the |
|
district in the reinvestment zone at the district's compressed tax |
|
rate[;
|
|
[(B)
the amount of state and local revenue per
|
|
student in weighted average daily attendance for the maintenance
|
|
and operations of the district to which the district would have been
|
|
entitled for the 2006-2007 school year under this chapter, as it
|
|
existed on January 1, 2006, or, if the district would have been
|
|
subject to Chapter 41, as that chapter existed on January 1, 2006,
|
|
the amount to which the district would have been entitled under that
|
|
chapter, based on the funding elements in effect for the 2005-2006
|
|
school year, if the district imposed a maintenance and operations
|
|
tax at the rate adopted by the district for the 2005 tax year; or
|
|
[(C)
the amount of state and local revenue per
|
|
student in weighted average daily attendance for the maintenance
|
|
and operations of the district to which the district would have been
|
|
entitled for the 2006-2007 school year under this chapter, as it
|
|
existed on January 1, 2006, or, if the district would have been
|
|
subject to Chapter 41, as that chapter existed on January 1, 2006,
|
|
the amount to which the district would have been entitled under that
|
|
chapter, based on the funding elements in effect for the 2005-2006
|
|
school year, if the district imposed a maintenance and operations
|
|
tax at the rate equal to the rate described by Section 26.08(i) or
|
|
(k)(1), Tax Code, as applicable, for the 2006 tax year;
|
|
[(2)
an amount equal to the product of $2,500
|
|
multiplied by the number of classroom teachers, full-time
|
|
librarians, full-time counselors certified under Subchapter B,
|
|
Chapter 21, and full-time school nurses employed by the district
|
|
and entitled to a minimum salary under Section 21.402; and
|
|
[(3)
an amount equal to the product of $275 multiplied
|
|
by the number of students in average daily attendance in grades nine
|
|
through 12 in the district]. |
|
(b-1) The amount determined for a school district under |
|
Subsection (b) is increased or reduced as follows: |
|
(1) if for any school year the district is entitled to |
|
a greater allotment under Section 42.158 than the allotment to |
|
which the district was entitled under that section for the |
|
2008-2009 school year [on which the district's entitlement under
|
|
Subsection (b) is based], the district's entitlement under |
|
Subsection (b) is increased by an amount equal to the difference |
|
between the amount to which the district is entitled under Section |
|
42.158 for that school year and the amount to which the district was |
|
entitled under that section for the 2008-2009 school year[:
|
|
[(A)
the 2005-2006 school year, if the amount
|
|
determined for the district under Subsection (b) is determined
|
|
under Subsection (b)(1)(A); or
|
|
[(B)
the 2006-2007 school year, if the amount
|
|
determined for the district under Subsection (b) is determined
|
|
under Subsection (b)(1)(B) or (C)]; and |
|
(2) if for any school year the district is not entitled |
|
to an allotment under Section 42.158 or is entitled to a lesser |
|
allotment under that section than the allotment to which the |
|
district was entitled under that section for the 2008-2009 school |
|
year [on which the district's entitlement under Subsection (b) is
|
|
based], the district's entitlement under Subsection (b) is reduced |
|
by an amount equal to the difference between the amount to which the |
|
district was entitled under Section 42.158 for the 2008-2009 |
|
[2005-2006 or 2006-2007] school year[, as appropriate based on
|
|
whether the district's entitlement under Subsection (b) is
|
|
determined under Subsection (b)(1)(A), (B), or (C),] and the amount |
|
to which the district is entitled under Section 42.158 for the |
|
current school year. |
|
(b-2) The amount determined for a school district under |
|
Subsection (b) is increased or reduced as follows: |
|
(1) if for any school year the district is entitled to |
|
a greater allotment under Section 42.155 or greater additional |
|
state aid under Section 42.2515 than the allotment or additional |
|
state aid to which the district was entitled under Section 42.155 or |
|
42.2515, as applicable, for the 2008-2009 school year [on which the
|
|
district's entitlement under Subsection (b) is based], the |
|
district's entitlement under Subsection (b) is increased by an |
|
amount equal to the difference between the amount to which the |
|
district is entitled under Section 42.155 or 42.2515, as |
|
applicable, for that school year and the amount to which the |
|
district was entitled under the applicable section[, as applicable] |
|
for the 2008-2009 school year[:
|
|
[(A)
the 2005-2006 school year, if the amount
|
|
determined for the district under Subsection (b) is determined
|
|
under Subsection (b)(1)(A); or
|
|
[(B)
the 2006-2007 school year, if the amount
|
|
determined for the district under Subsection (b) is determined
|
|
under Subsection (b)(1)(B) or (C)]; and |
|
(2) if for any school year the district is not entitled |
|
to an allotment under Section 42.155 or additional state aid under |
|
Section 42.2515 or is entitled to a lesser allotment or less |
|
additional state aid under the applicable section than the |
|
allotment or additional state aid to which the district was |
|
entitled under the applicable section for the 2008-2009 school year |
|
[on which the district's entitlement under Subsection (b) is
|
|
based], the district's entitlement under Subsection (b) is reduced |
|
by an amount equal to the difference between the amount to which the |
|
district was entitled under Section 42.155 or 42.2515, as |
|
applicable, for the 2008-2009 [2005-2006 or 2006-2007] school |
|
year[, as appropriate based on whether the district's entitlement
|
|
under Subsection (b) is determined under Subsection (b)(1)(A), (B),
|
|
or (C),] and the amount to which the district is entitled under the |
|
applicable section for the current school year. |
|
(b-3) The amount determined for a school district under |
|
Subsection (b) is increased or reduced to reflect changes in the |
|
amount of funds to which the district is entitled under Section |
|
42.160, in comparison to the amount of funds to which the district |
|
was entitled during the 2008-2009 school year under the high school |
|
allotment provided by Subsection (b)(3), as it existed on January |
|
1, 2009. |
|
(b-4) The amount determined under Subsection (b) for a |
|
school district that paid tuition under Section 25.039 during the |
|
2008-2009 school year in accordance with a contract authorized by |
|
that section is reduced by the amount of tuition paid during that |
|
school year. |
|
(c) In determining the amount to which a district is |
|
entitled under Subsection (b) [(b)(1)], the commissioner shall |
|
include: |
|
(1) any amounts received by the district during the |
|
2008-2009 school year under [described by] Rider 86 [69], page |
|
III-23 [III-19], Chapter 1428 (H.B. 1) [1369], Acts of the 80th |
|
[79th] Legislature, Regular Session, 2007 [2005] (the General |
|
Appropriations Act); |
|
(2) [for a school district that received additional
|
|
revenue for the 2005-2006 school year as a result of an agreement
|
|
under Subchapter E, Chapter 41:
|
|
[(A)
if the amount of state revenue to which the
|
|
district is entitled under Subsection (b) is computed based on the
|
|
amount described by Subsection (b)(1)(A), the amount of that
|
|
additional revenue retained by the district for the 2005-2006
|
|
school year, which is the amount by which the total maintenance and
|
|
operations revenue available to the district for that school year
|
|
exceeded the total maintenance and operations revenue that would
|
|
have been available to the district for that school year if the
|
|
district had not entered into the agreement, less any amount the
|
|
district paid to another entity under the agreement; or
|
|
[(B)
if the amount of state revenue to which the
|
|
district is entitled under Subsection (b) is computed based on the
|
|
amount described by Subsection (b)(1)(B) or (C), the amount of the
|
|
additional revenue that would have been retained by the district
|
|
for the 2006-2007 school year if the district had entered into the
|
|
agreement on the same terms as under the agreement for the 2005-2006
|
|
school year, which is the amount by which the total maintenance and
|
|
operations revenue that would have been available to the district
|
|
for the 2006-2007 school year if the district had entered into the
|
|
agreement exceeds the total maintenance and operations revenue that
|
|
would have been available to the district for that school year if
|
|
the district had not entered into the agreement and had imposed a
|
|
maintenance and operations tax at the rate of $1.50 on the $100
|
|
valuation of taxable property, less any amount the district would
|
|
have paid to another entity under the agreement;
|
|
[(3)] any amount necessary to reflect an adjustment |
|
made by the commissioner under Section 42.005; |
|
(3) [(4)
any amount necessary to reflect an adjustment
|
|
made by the commissioner under Section 42.2521; and
|
|
[(5)] any amount necessary to reflect an adjustment |
|
made by the commissioner under Section 42.2531; |
|
(4) any amount necessary to maintain: |
|
(A) the professional staff salary allotment |
|
provided by Subsection (b)(2) and the high school allotment |
|
provided by Subsection (b)(3), as those subsections existed on |
|
January 1, 2009; |
|
(B) the staff salary allotment provided by |
|
Section 42.2513, as that section existed on January 1, 2009; |
|
(C) funding provided by Section 42.2514, as that |
|
section existed on January 1, 2009, for school district employees |
|
who participate in a group health coverage plan provided by or |
|
through the district; |
|
(D) the $110 per weighted student allocation |
|
authorized in Rider 82, page III-23, Chapter 1330 (H.B. 1), Acts of |
|
the 78th Legislature, Regular Session, 2003 (the General |
|
Appropriations Act); and |
|
(E) any other amounts to which the district was |
|
entitled under this subchapter, as it existed on January 1, 2009; |
|
and |
|
(5) any amount to which the district is entitled under |
|
Section 42.106. |
|
(e) The amount of revenue to which a school district is |
|
entitled because of the technology allotment under Section 32.005 |
|
is not included in making a determination under Subsection (b) |
|
[(b)(1)]. |
|
(e-1) The amount of revenue to which a school district is |
|
entitled under Section 42.2518 is in addition to the amount of |
|
revenue to which the district is entitled under Subsection (b). |
|
(f) For purposes of determining the amount of revenue to |
|
which a school district is entitled under this section, the |
|
commissioner shall use the average tax collection rate for the |
|
district for the 2006, 2007, and 2008 [2003, 2004, and 2005] tax |
|
years. |
|
(f-1) The commissioner shall, in accordance with rules |
|
adopted by the commissioner, adjust the amount of a school |
|
district's local revenue derived from maintenance and operations |
|
tax collections, as calculated for purposes of determining the |
|
amount of state revenue to which the district is entitled under this |
|
section, if the district, for the 2010 [2007] tax year or a |
|
subsequent tax year: |
|
(1) adopts an exemption under Section 11.13(n), Tax |
|
Code, that was not in effect for the 2009 [2005 or 2006] tax year, or |
|
eliminates an exemption under Section 11.13(n), Tax Code, that was |
|
in effect for the 2009 [2005 or 2006] tax year; |
|
(2) adopts an exemption under Section 11.13(n), Tax |
|
Code, at a greater or lesser percentage than the percentage in |
|
effect for the district for the 2009 [2005 or 2006] tax year; |
|
(3) grants an exemption under an agreement authorized |
|
by Chapter 312, Tax Code, that was not in effect for the 2009 [2005
|
|
or 2006] tax year, or ceases to grant an exemption authorized by |
|
that chapter that was in effect for the 2009 [2005 or 2006] tax |
|
year; or |
|
(4) agrees to deposit taxes into a tax increment fund |
|
created under Chapter 311, Tax Code, under a reinvestment zone |
|
financing plan that was not in effect for the 2009 [2005 or 2006] |
|
tax year, or ceases depositing taxes into a tax increment fund |
|
created under that chapter under a reinvestment zone financing plan |
|
that was in effect for the 2009 [2005 or 2006] tax year. |
|
(g) If a school district adopts a maintenance and operations |
|
tax rate that is below the rate equal to the sum of six cents and the |
|
product of the state compression percentage multiplied by the |
|
maintenance and operations tax rate adopted by the district for the |
|
2005 tax year, the commissioner shall reduce the district's |
|
entitlement under this section in proportion to the amount by which |
|
the rate equal to the adopted rate less six cents is less than the |
|
rate equal to the product of the state compression percentage |
|
multiplied by the rate adopted by the district for the 2005 tax |
|
year. |
|
(h-1) Notwithstanding any other provision of this title, a |
|
school district is entitled to receive a minimum increase as |
|
determined under this subsection for each student in weighted |
|
average daily attendance as a result of changes made by H.B. No. |
|
3646, Acts of the 81st Legislature, Regular Session, 2009, to |
|
Chapter 41 and this chapter over the amount to which the district |
|
would have been entitled under those chapters, as they existed on |
|
January 1, 2009, at the maintenance and operations tax rate equal to |
|
the rate adopted by the district for the 2008-2009 school year, as |
|
determined by the commissioner. The commissioner shall determine |
|
the amount of the minimum increase under this subsection by |
|
multiplying the number of students in weighted average daily |
|
attendance in the state by $100, subtracting the amount necessary |
|
to provide the additional state aid under Section 42.2518 to which |
|
school districts are entitled, and dividing the remainder by the |
|
number of students in weighted average daily attendance in the |
|
state. As necessary to provide that minimum increase, the |
|
commissioner shall adjust the amount of state aid provided to a |
|
school district under this chapter or adjust the number of |
|
attendance credits that a school district is required to purchase |
|
under Section 41.093. |
|
(m) For purposes of Subsections (b) and (h-1), the number of |
|
students in weighted average daily attendance in a school district |
|
is computed by dividing the sum of the school district's allotments |
|
under Subchapters B and C, less any allotment to the district for |
|
transportation, any allotment under Section 42.158 or 42.160, and |
|
50 percent of the adjustment under Section 42.102, by the basic |
|
allotment for the applicable year. |
|
SECTION 70. Subchapter E, Chapter 42, Education Code, is |
|
amended by adding Section 42.2518 to read as follows: |
|
Sec. 42.2518. ADDITIONAL STATE AID FOR EXTENSION OF |
|
PROFESSIONAL STAFF SALARY SCHEDULE. (a) A school district, |
|
including a school district that is otherwise ineligible for state |
|
aid under this chapter, is entitled to state aid in an amount, as |
|
determined by the commissioner, necessary to compensate the school |
|
district for additional salary costs the district incurs because of |
|
the increased number of years covered by the minimum salary |
|
schedule for certain professional staff made by H.B. No. 3646, Acts |
|
of the 81st Legislature, Regular Session, 2009. |
|
(b) A district may use state aid received under this section |
|
only to pay salary costs incurred because of the increased number of |
|
years covered by the minimum salary schedule. |
|
(c) A determination by the commissioner under this section |
|
is final and may not be appealed. |
|
(d) The commissioner may adopt rules to implement this |
|
section. |
|
SECTION 71. Section 42.252(a), Education Code, is amended |
|
to read as follows: |
|
(a) Subject to Section 42.302(g), each [Each] school |
|
district's share of the Foundation School Program is determined by |
|
the following formula: |
|
LFA = TR X DPV |
|
where: |
|
"LFA" is the school district's local share; |
|
"TR" is a tax rate which for each hundred dollars of valuation |
|
is an effective tax rate equal to the lesser of: |
|
(1) $1; or |
|
(2) the rate that is six cents less than the district's |
|
effective maintenance and operations tax rate [$0.86]; and |
|
"DPV" is the taxable value of property in the school district |
|
for the [preceding] tax year determined under Subchapter M, Chapter |
|
403, Government Code. |
|
SECTION 72. Section 42.2522(c), Education Code, is amended |
|
to read as follows: |
|
(c) In the first year of a state fiscal biennium, before |
|
providing funding as provided by Subsection (a)(2), the |
|
commissioner shall ensure that sufficient appropriated funds for |
|
purposes of the Foundation School Program are available for the |
|
second year of the biennium[, including funds to be used for
|
|
purposes of Section 42.2521]. |
|
SECTION 73. Section 42.253, Education Code, is amended by |
|
adding Subsection (c-1) to read as follows: |
|
(c-1) The amounts to be paid under Section 42.2516(b)(4) |
|
shall be paid at the same time as other state revenue is paid to the |
|
district. Payments shall be based on amounts paid under Section |
|
42.2516(b)(4) for the preceding year. Any deficiency shall be paid |
|
to the district at the same time the final amount to be paid to the |
|
district is determined, and any overpayment shall be deducted from |
|
the payments the district would otherwise receive in the following |
|
year. |
|
SECTION 74. Section 42.260(a), Education Code, is amended |
|
to read as follows: |
|
(a) In this section, "participating charter school" means |
|
an open-enrollment charter school that participates in the uniform |
|
group coverage program established under Chapter 1579, Insurance |
|
Code [has the meaning assigned by Section 42.2514]. |
|
SECTION 75. Section 42.261(a), Education Code, is amended |
|
to read as follows: |
|
(a) Funds appropriated by the legislature for a tax year for |
|
the purpose of reducing a school district's maintenance and |
|
operations tax rate and providing state aid under Section 42.2516: |
|
(1) are not excess funds for purposes of Section |
|
42.2517; |
|
(2) are not available for purposes of Section [42.2521
|
|
or] 42.2522; |
|
(3) may not be used for purposes of Chapter 46; and |
|
(4) may not be provided by the commissioner to a school |
|
district for a purpose other than reduction of the district's |
|
maintenance and operations tax rate. |
|
SECTION 76. Section 42.302, Education Code, is amended by |
|
amending Subsections (a), (a-2), and (b) and adding Subsections (g) |
|
and (g-1) to read as follows: |
|
(a) Each school district is guaranteed a specified amount |
|
per weighted student in state and local funds for each cent of tax |
|
effort over that required for the district's local fund assignment, |
|
subject to Subsection (g), up to the maximum level specified in this |
|
subchapter. The amount of state support, subject only to the |
|
maximum amount under Section 42.303, is determined by the formula: |
|
GYA = (GL X WADA X DTR X 100) - LR |
|
where: |
|
"GYA" is the guaranteed yield amount of state funds to be |
|
allocated to the district; |
|
"GL" is the dollar amount guaranteed level of state and local |
|
funds per weighted student per cent of tax effort, which is $31.95 |
|
or an amount described by Subsection (g) or (g-1), as applicable, |
|
[(a-1)] or a greater amount for any year provided by appropriation; |
|
"WADA" is the number of students in weighted average daily |
|
attendance, which is calculated by dividing the sum of the school |
|
district's allotments under Subchapters B and C, less any allotment |
|
to the district for transportation and[,] any allotment under |
|
Section 42.158 or 42.160, [and 50 percent of the adjustment under
|
|
Section 42.102,] by the basic allotment for the applicable year; |
|
"DTR" is the district enrichment tax rate of the school |
|
district, which is determined by subtracting the amounts specified |
|
by Subsection (b) from the total amount of maintenance and |
|
operations taxes collected by the school district for the |
|
applicable school year and dividing the difference by the quotient |
|
of the district's taxable value of property as determined under |
|
Subchapter M, Chapter 403, Government Code, [or, if applicable,
|
|
under Section 42.2521,] divided by 100; and |
|
"LR" is the local revenue, which is determined by multiplying |
|
"DTR" by the quotient of the district's taxable value of property as |
|
determined under Subchapter M, Chapter 403, Government Code, [or,
|
|
if applicable, under Section 42.2521,] divided by 100. |
|
(a-2) The limitation on district enrichment tax rate |
|
("DTR") under Section 42.303 does not apply to the last six cents of |
|
the district's effective maintenance and operations tax effort |
|
[described by Subsection (a-1)(2)]. |
|
(b) In computing the district enrichment tax rate of a |
|
school district, the total amount of maintenance and operations |
|
taxes collected by the school district does not include the amount |
|
of: |
|
(1) the district's local fund assignment under Section |
|
42.252; [or] |
|
(2) taxes paid into a tax increment fund under Chapter |
|
311, Tax Code; or |
|
(3) revenue resulting from the last six cents of the |
|
district's effective maintenance and operations tax rate. |
|
(g) This subsection applies to the last six cents of a |
|
district's effective tax rate for maintenance and operations, |
|
regardless of whether any of those cents would otherwise be |
|
considered as part of the district's local share under Section |
|
42.252, provided that the district adopts a maintenance and |
|
operations tax rate at a rate at least equal to the greater of the |
|
rate adopted by the district for the 2008-2009 school year or the |
|
rate equal to the product of the state compression percentage |
|
multiplied by the maintenance and operations tax rate adopted by |
|
the district for the 2005 tax year. For each cent of tax effort to |
|
which this subsection applies, a district is entitled to a |
|
guaranteed level of state and local funds per weighted student |
|
equal to the greater of the amount of district tax revenue per |
|
weighted student per cent of tax effort available to the Austin |
|
Independent School District, 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 subsection in the preceding school year. |
|
If a district adopts a maintenance and operations tax rate at a rate |
|
lower than the greater of the rates described above, the district |
|
is entitled to the guaranteed level described by this subsection |
|
for the first six cents by which the district's effective |
|
maintenance and operations tax rate exceeds the rate equal to the |
|
product of the state compression percentage multiplied by the |
|
maintenance and operations tax rate adopted by the district for the |
|
2005 tax year. |
|
(g-1) Subsection (g) applies beginning with the 2010-2011 |
|
school year. For the 2009-2010 school year, a school district is |
|
entitled for each cent of tax effort described by Subsection (g) to |
|
a guaranteed level of state and local funds per weighted student |
|
equal to the amount of district tax revenue per weighted student per |
|
cent of tax effort available to the Austin Independent School |
|
District, as determined by the commissioner in cooperation with the |
|
Legislative Budget Board. This subsection expires September 1, |
|
2010. |
|
SECTION 77. Section 42.303, Education Code, is amended to |
|
read as follows: |
|
Sec. 42.303. LIMITATION ON ENRICHMENT TAX RATE. The |
|
district enrichment tax rate ("DTR") under Section 42.302 may not |
|
exceed $0.17 [the amount] per $100 of valuation [by which the
|
|
maximum rate permitted under Section 45.003 exceeds the rate of
|
|
$0.86, or a greater amount for any year provided by appropriation]. |
|
SECTION 78. Section 44.004, Education Code, is amended by |
|
amending Subsection (h) and adding Subsection (j) to read as |
|
follows: |
|
(h) Notwithstanding any other provision of this section, a |
|
school district with a fiscal year beginning July 1 may use the |
|
certified estimate of the taxable value of district property |
|
required by Section 26.01(e) [26.01(d)], Tax Code, in preparing the |
|
notice required by this section if the district does not receive on |
|
or before June 7 the certified appraisal roll for the district |
|
required by Section 26.01(a), Tax Code. |
|
(j) Notwithstanding Subsections (g), (h), and (i), a school |
|
district may adopt a budget after the district adopts a tax rate for |
|
the tax year in which the fiscal year covered by the budget begins |
|
if the district elects to adopt a tax rate before receiving the |
|
certified appraisal roll for the district as provided by Section |
|
26.05(g). If a school district elects to adopt a tax rate before |
|
adopting a budget, the district must publish notice and hold a |
|
meeting for the purpose of discussing the proposed tax rate as |
|
provided by this section. Following adoption of the tax rate, the |
|
district must publish notice and hold another public meeting before |
|
the district may adopt a budget. The comptroller shall prescribe |
|
the language and format to be used in the notices. The school |
|
district may use the certified estimate of taxable value in |
|
preparing a notice under this subsection. |
|
SECTION 79. Section 45.001(a), Education Code, is amended |
|
to read as follows: |
|
(a) The governing board of an independent school district, |
|
including the city council or commission that has jurisdiction over |
|
a municipally controlled independent school district, the |
|
governing board of a rural high school district, and the |
|
commissioners court of a county, on behalf of each common school |
|
district under its jurisdiction, may: |
|
(1) issue bonds for: |
|
(A) the construction, acquisition, and equipment |
|
of school buildings in the district; |
|
(B) the acquisition of property or the |
|
refinancing of property financed under a contract entered under |
|
Subchapter A, Chapter 271, Local Government Code, regardless of |
|
whether payment obligations under the contract are due in the |
|
current year or a future year; |
|
(C) the purchase of the necessary sites for |
|
school buildings; and |
|
(D) the purchase of new school buses; and |
|
(2) may levy, pledge, assess, and collect annual ad |
|
valorem taxes sufficient to pay the principal of and interest on the |
|
bonds as or before the principal and interest become due, subject to |
|
Section 45.003. |
|
SECTION 80. Section 46.003(a), Education Code, is amended |
|
to read as follows: |
|
(a) For each year, except as provided by Sections 46.005 and |
|
46.006, a school district is guaranteed a specified amount per |
|
student in state and local funds for each cent of tax effort, up to |
|
the maximum rate under Subsection (b), to pay the principal of and |
|
interest on eligible bonds issued to construct, acquire, renovate, |
|
or improve an instructional facility. The amount of state support |
|
is determined by the formula: |
|
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100)) |
|
where: |
|
"FYA" is the guaranteed facilities yield amount of state |
|
funds allocated to the district for the year; |
|
"FYL" is the dollar amount guaranteed level of state and |
|
local funds per student per cent of tax effort, which is $35 or a |
|
greater amount for any year provided by appropriation; |
|
"ADA" is the greater of the number of students in average |
|
daily attendance, as determined under Section 42.005, in the |
|
district or 400; |
|
"BTR" is the district's bond tax rate for the current year, |
|
which is determined by dividing the amount budgeted by the district |
|
for payment of eligible bonds by the quotient of the district's |
|
taxable value of property for the current tax year as determined |
|
under Subchapter M, Chapter 403, Government Code, [or, if
|
|
applicable, Section 42.2521,] divided by 100; and |
|
"DPV" is the district's taxable value of property for the |
|
current tax year as determined under Subchapter M, Chapter 403, |
|
Government Code[, or, if applicable, Section 42.2521]. |
|
SECTION 81. Section 46.006(g), Education Code, is amended |
|
to read as follows: |
|
(g) In this section, "wealth per student" means a school |
|
district's taxable value of property for the current tax year as |
|
determined under Subchapter M, Chapter 403, Government Code, [or,
|
|
if applicable, Section 42.2521,] divided by the district's average |
|
daily attendance as determined under Section 42.005. |
|
SECTION 82. Section 46.032(a), Education Code, is amended |
|
to read as follows: |
|
(a) Each school district is guaranteed a specified amount |
|
per student in state and local funds for each cent of tax effort to |
|
pay the principal of and interest on eligible bonds. The amount of |
|
state support, subject only to the maximum amount under Section |
|
46.034, is determined by the formula: |
|
EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100)) |
|
where: |
|
"EDA" is the amount of state funds to be allocated to the |
|
district for assistance with existing debt; |
|
"EDGL" is the dollar amount guaranteed level of state and |
|
local funds per student per cent of tax effort, which is $35 or a |
|
greater amount for any year provided by appropriation; |
|
"ADA" is the number of students in average daily attendance, |
|
as determined under Section 42.005, in the district; |
|
"EDTR" is the existing debt tax rate of the district, which is |
|
determined by dividing the amount budgeted by the district for |
|
payment of eligible bonds by the quotient of the district's taxable |
|
value of property for the current tax year as determined under |
|
Subchapter M, Chapter 403, Government Code, [or, if applicable,
|
|
under Section 42.2521,] divided by 100; and |
|
"DPV" is the district's taxable value of property for the |
|
current tax year as determined under Subchapter M, Chapter 403, |
|
Government Code[, or, if applicable, under Section 42.2521]. |
|
SECTION 83. Section 46.033, Education Code, is amended to |
|
read as follows: |
|
Sec. 46.033. ELIGIBLE BONDS. Bonds, including bonds |
|
issued under Section 45.006, are eligible to be paid with state and |
|
local funds under this subchapter if: |
|
(1) the district made payments on the bonds during the |
|
final [2006-2007] school year of the preceding state fiscal |
|
biennium or taxes levied to pay the principal of and interest on the |
|
bonds were included in the district's audited debt service |
|
collections for that school year; and |
|
(2) the district does not receive state assistance |
|
under Subchapter A for payment of the principal and interest on the |
|
bonds. |
|
SECTION 84. Section 46.034(c), Education Code, is amended |
|
to read as follows: |
|
(c) If the amount required to pay the principal of and |
|
interest on eligible bonds in a school year is less than the amount |
|
of payments made by the district on the bonds during the final |
|
[2006-2007] school year of the preceding state fiscal biennium or |
|
the district's audited debt service collections for that school |
|
year, the district may not receive aid in excess of the amount that, |
|
when added to the district's local revenue for the school year, |
|
equals the amount required to pay the principal of and interest on |
|
the bonds. |
|
SECTION 85. Section 3.005, Election Code, is amended by |
|
amending Subsection (a) and adding Subsection (d) to read as |
|
follows: |
|
(a) Except as provided by Subsections [Subsection] (c) and |
|
(d), an election ordered by an authority of a political subdivision |
|
shall be ordered not later than the 62nd day before election day. |
|
(d) An election under Section 26.08, Tax Code, to ratify a |
|
tax rate adopted by the governing body of a school district under |
|
Section 26.05(g) of that code shall be ordered not later than the |
|
30th day before election day. |
|
SECTION 86. Section 4.008, Election Code, is amended to |
|
read as follows: |
|
Sec. 4.008. NOTICE TO COUNTY CLERK. (a) Except as provided |
|
by Subsection (b), the [The] governing body of a political |
|
subdivision, other than a county, that orders an election shall |
|
deliver notice of the election to the county clerk of each county in |
|
which the political subdivision is located not later than the 60th |
|
day before election day. |
|
(b) The governing body of a school district that orders an |
|
election under Section 26.08, Tax Code, to ratify an ad valorem tax |
|
rate adopted by the governing body under Section 26.05(g) of that |
|
code shall deliver notice of the election to the county clerk of |
|
each county in which the school district is located not later than |
|
the 30th day before election day. |
|
SECTION 87. Sections 403.302(d), (g), (i), and (j), |
|
Government Code, are amended to read as follows: |
|
(d) For the purposes of this section, "taxable value" means |
|
the market value of all taxable property less: |
|
(1) the total dollar amount of any residence homestead |
|
exemptions lawfully granted under Section 11.13(b) or (c), Tax |
|
Code, in the year that is the subject of the study for each school |
|
district; |
|
(2) one-half of the total dollar amount of any |
|
residence homestead exemptions granted under Section 11.13(n), Tax |
|
Code, in the year that is the subject of the study for each school |
|
district; |
|
(3) the total dollar amount of any exemptions granted |
|
before May 31, 1993, within a reinvestment zone under agreements |
|
authorized by Chapter 312, Tax Code; |
|
(4) subject to Subsection (e), the total dollar amount |
|
of any captured appraised value of property that: |
|
(A) is within a reinvestment zone created on or |
|
before May 31, 1999, or is proposed to be included within the |
|
boundaries of a reinvestment zone as the boundaries of the zone and |
|
the proposed portion of tax increment paid into the tax increment |
|
fund by a school district are described in a written notification |
|
provided by the municipality or the board of directors of the zone |
|
to the governing bodies of the other taxing units in the manner |
|
provided by Section 311.003(e), Tax Code, before May 31, 1999, and |
|
within the boundaries of the zone as those boundaries existed on |
|
September 1, 1999, including subsequent improvements to the |
|
property regardless of when made; |
|
(B) generates taxes paid into a tax increment |
|
fund created under Chapter 311, Tax Code, under a reinvestment zone |
|
financing plan approved under Section 311.011(d), Tax Code, on or |
|
before September 1, 1999; and |
|
(C) is eligible for tax increment financing under |
|
Chapter 311, Tax Code; |
|
(5) [for a school district for which a deduction from
|
|
taxable value is made under Subdivision (4), an amount equal to the
|
|
taxable value required to generate revenue when taxed at the school
|
|
district's current tax rate in an amount that, when added to the
|
|
taxes of the district paid into a tax increment fund as described by
|
|
Subdivision (4)(B), is equal to the total amount of taxes the
|
|
district would have paid into the tax increment fund if the district
|
|
levied taxes at the rate the district levied in 2005;
|
|
[(6)] the total dollar amount of any captured |
|
appraised value of property that: |
|
(A) is within a reinvestment zone: |
|
(i) created on or before December 31, 2008, |
|
by a municipality with a population of less than 18,000; and |
|
(ii) the project plan for which includes |
|
the alteration, remodeling, repair, or reconstruction of a |
|
structure that is included on the National Register of Historic |
|
Places and requires that a portion of the tax increment of the zone |
|
be used for the improvement or construction of related facilities |
|
or for affordable housing; |
|
(B) generates school district taxes that are paid |
|
into a tax increment fund created under Chapter 311, Tax Code; and |
|
(C) is eligible for tax increment financing under |
|
Chapter 311, Tax Code; |
|
(6) [(7)] the total dollar amount of any exemptions |
|
granted under Section 11.251 or 11.253, Tax Code; |
|
(7) [(8)] the difference between the comptroller's |
|
estimate of the market value and the productivity value of land that |
|
qualifies for appraisal on the basis of its productive capacity, |
|
except that the productivity value estimated by the comptroller may |
|
not exceed the fair market value of the land; |
|
(8) [(9)] the portion of the appraised value of |
|
residence homesteads of individuals who receive a tax limitation |
|
under Section 11.26, Tax Code, on which school district taxes are |
|
not imposed in the year that is the subject of the study, calculated |
|
as if the residence homesteads were appraised at the full value |
|
required by law; |
|
(9) [(10)] a portion of the market value of property |
|
not otherwise fully taxable by the district at market value because |
|
of: |
|
(A) action required by statute or the |
|
constitution of this state that, if the tax rate adopted by the |
|
district is applied to it, produces an amount equal to the |
|
difference between the tax that the district would have imposed on |
|
the property if the property were fully taxable at market value and |
|
the tax that the district is actually authorized to impose on the |
|
property, if this subsection does not otherwise require that |
|
portion to be deducted; or |
|
(B) action taken by the district under Subchapter |
|
B or C, Chapter 313, Tax Code; |
|
(10) [(11)] the market value of all tangible personal |
|
property, other than manufactured homes, owned by a family or |
|
individual and not held or used for the production of income; |
|
(11) [(12)] the appraised value of property the |
|
collection of delinquent taxes on which is deferred under Section |
|
33.06, Tax Code; |
|
(12) [(13)] the portion of the appraised value of |
|
property the collection of delinquent taxes on which is deferred |
|
under Section 33.065, Tax Code; and |
|
(13) [(14)] the amount by which the market value of a |
|
residence homestead to which Section 23.23, Tax Code, applies |
|
exceeds the appraised value of that property as calculated under |
|
that section. |
|
(g) The comptroller shall provide to the commissioner of |
|
education [publish] preliminary taxable value estimates |
|
[findings], listing values by district, before July 1 of the year of |
|
the study, and shall certify preliminary findings, listing values |
|
by district, by February 1 of the year following the year of the |
|
study. Preliminary findings shall be delivered to each school |
|
district and shall be certified to the commissioner of education. A |
|
preliminary taxable value estimate provided under this subsection |
|
may not be appealed, but may be revised by the comptroller at any |
|
time before preliminary findings are certified. |
|
(i) If the comptroller determines in the annual study that |
|
the market value of property in a school district as determined by |
|
the appraisal district that appraises property for the school |
|
district, less the total of the amounts and values listed in |
|
Subsection (d) as determined by that appraisal district, is valid, |
|
the comptroller, in determining the taxable value of property in |
|
the school district under Subsection (d), shall for purposes of |
|
Subsection (d)(13) [(d)(14)] subtract from the market value as |
|
determined by the appraisal district of residence homesteads to |
|
which Section 23.23, Tax Code, applies the amount by which that |
|
amount exceeds the appraised value of those properties as |
|
calculated by the appraisal district under Section 23.23, Tax |
|
Code. If the comptroller determines in the annual study that the |
|
market value of property in a school district as determined by the |
|
appraisal district that appraises property for the school district, |
|
less the total of the amounts and values listed in Subsection (d) as |
|
determined by that appraisal district, is not valid, the |
|
comptroller, in determining the taxable value of property in the |
|
school district under Subsection (d), shall for purposes of |
|
Subsection (d)(13) [(d)(14)] subtract from the market value as |
|
estimated by the comptroller of residence homesteads to which |
|
Section 23.23, Tax Code, applies the amount by which that amount |
|
exceeds the appraised value of those properties as calculated by |
|
the appraisal district under Section 23.23, Tax Code. |
|
(j) For purposes of Chapter 42 [Section 42.2511], Education |
|
Code, the comptroller shall certify to the commissioner of |
|
education: |
|
(1) a final value for each school district computed on |
|
a residence homestead exemption under Section 1-b(c), Article VIII, |
|
Texas Constitution, of $5,000; |
|
(2) a final value for each school district computed |
|
on: |
|
(A) a residence homestead exemption under |
|
Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and |
|
(B) the effect of the additional limitation on |
|
tax increases under Section 1-b(d), Article VIII, Texas |
|
Constitution, as proposed by H.J.R. No. 4, 75th Legislature, |
|
Regular Session, 1997; and |
|
(3) a final value for each school district computed on |
|
the effect of the reduction of the limitation on tax increases to |
|
reflect any reduction in the school district tax rate as provided by |
|
Section 11.26(a-1), (a-2), or (a-3), Tax Code, as applicable. |
|
SECTION 88. Section 822.201(b), Government Code, is amended |
|
to read as follows: |
|
(b) "Salary and wages" as used in Subsection (a) means: |
|
(1) normal periodic payments of money for service the |
|
right to which accrues on a regular basis in proportion to the |
|
service performed; |
|
(2) amounts by which the member's salary is reduced |
|
under a salary reduction agreement authorized by Chapter 610; |
|
(3) amounts that would otherwise qualify as salary and |
|
wages under Subdivision (1) but are not received directly by the |
|
member pursuant to a good faith, voluntary written salary reduction |
|
agreement in order to finance payments to a deferred compensation |
|
or tax sheltered annuity program specifically authorized by state |
|
law or to finance benefit options under a cafeteria plan qualifying |
|
under Section 125 of the Internal Revenue Code of 1986, if: |
|
(A) the program or benefit options are made |
|
available to all employees of the employer; and |
|
(B) the benefit options in the cafeteria plan are |
|
limited to one or more options that provide deferred compensation, |
|
group health and disability insurance, group term life insurance, |
|
dependent care assistance programs, or group legal services plans; |
|
(4) performance pay awarded to an employee by a school |
|
district as part of a total compensation plan approved by the board |
|
of trustees of the district and meeting the requirements of |
|
Subsection (e); |
|
(5) the benefit replacement pay a person earns under |
|
Subchapter H, Chapter 659, except as provided by Subsection (c); |
|
(6) stipends paid to teachers in accordance with |
|
Section 21.410, 21.411, 21.412, or 21.413, Education Code; |
|
(7) amounts by which the member's salary is reduced or |
|
that are deducted from the member's salary as authorized by |
|
Subchapter J, Chapter 659; |
|
(8) a merit salary increase made under Section 51.962, |
|
Education Code; |
|
(9) amounts received under the relevant parts of the |
|
[awards for student achievement program under Subchapter N, Chapter
|
|
21, Education Code, the] educator excellence awards program under |
|
Subchapter O, Chapter 21, Education Code, or a mentoring program |
|
under Section 21.458, Education Code, that authorize [authorized] |
|
compensation for service; and |
|
(10) salary amounts designated as health care |
|
supplementation by an employee under Subchapter D, Chapter 22, |
|
Education Code. |
|
SECTION 89. Sections 825.405(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) For members entitled to the minimum salary for certain |
|
school personnel under Section 21.402, Education Code, and for |
|
members who would have been entitled to the minimum salary for |
|
certain school personnel under former Section 16.056, Education |
|
Code, as that section existed on January 1, 1995, the employing |
|
district shall pay the state's contribution on the portion of the |
|
member's salary that exceeds the statutory minimum salary [or
|
|
former statutory minimum, as applicable]. |
|
(b) For purposes of this section: |
|
(1) [,] the statutory minimum salaryfor certain |
|
school personnel under Section 21.402, Education Code, is the |
|
salary provided by that section [Section 21.402 or the former
|
|
Sections 16.056 and 16.058, Education Code,] multiplied by the cost |
|
of education adjustment applicable under Section 42.102, Education |
|
Code, to the district in which the member is employed; and |
|
(2) the statutory minimum salary for members who would |
|
have been entitled to the minimum salary for certain school |
|
personnel under former Section 16.056, Education Code, as that |
|
section existed on January 1, 1995, is a minimum salary computed in |
|
the same manner as the minimum salary for certain school personnel |
|
under Section 21.402, Education Code, multiplied by the cost of |
|
education adjustment applicable under Section 42.102, Education |
|
Code, to the district in which the member is employed. |
|
SECTION 90. Section 1579.251(a), Insurance Code, is amended |
|
to read as follows: |
|
(a) The state shall assist employees of participating |
|
school districts and charter schools in the purchase of group |
|
health coverage under this chapter by providing for each covered |
|
employee the amount of $900 each state fiscal year or a greater |
|
amount as provided by the General Appropriations Act. The state |
|
contribution shall be distributed through the school finance |
|
formulas under Chapters 41 and 42, Education Code, and used by |
|
school districts and charter schools as provided by Section |
|
[Sections 42.2514 and] 42.260, Education Code. |
|
SECTION 91. Section 1581.053(b), Insurance Code, is amended |
|
to read as follows: |
|
(b) Notwithstanding Subsection (a), amounts a district or |
|
school is required to use to pay contributions under a group health |
|
coverage plan for district or school employees under Section |
|
[42.2514 or] 42.260, Education Code, other than amounts described |
|
by Section 42.260(c)(2)(B), are not used in computing whether the |
|
district or school complies with Section 1581.052. |
|
SECTION 92. Section 26.01(e), Tax Code, is amended to read |
|
as follows: |
|
(e) Not later than June 7, the chief appraiser shall prepare |
|
and certify to the comptroller an estimate of the taxable value of |
|
property in each school district participating in the appraisal |
|
district and the total market value of that property. Except as |
|
provided by Subsection (f), not later than April 30 [by June 7], the |
|
chief appraiser shall also prepare and certify to the assessor for |
|
each county, municipality, and school district participating in the |
|
appraisal district an estimate of the taxable value of property in |
|
that taxing unit. The chief appraiser shall assist each county, |
|
municipality, and school district in determining values of property |
|
in that taxing unit for the taxing unit's budgetary purposes. |
|
SECTION 93. Section 26.05, Tax Code, is amended by adding |
|
Subsection (g) to read as follows: |
|
(g) Notwithstanding Subsection (a), the governing body of a |
|
school district that elects to adopt a tax rate before the adoption |
|
of a budget for the fiscal year that begins in the current tax year |
|
may adopt a tax rate for the current tax year before receipt of the |
|
certified appraisal roll for the school district if the chief |
|
appraiser of the appraisal district in which the school district |
|
participates has certified to the assessor for the school district |
|
an estimate of the taxable value of property in the school district |
|
as provided by Section 26.01(e). If a school district adopts a tax |
|
rate under this subsection, the effective tax rate and the rollback |
|
tax rate of the district shall be calculated based on the certified |
|
estimate of taxable value. |
|
SECTION 94. Section 26.08, Tax Code, is amended by adding |
|
Subsection (p) to read as follows: |
|
(p) Notwithstanding Subsections (n) and (o), a school |
|
district is not required to obtain the approval at an election under |
|
this section of the district's adopted tax rate if the rate does not |
|
exceed the sum of: |
|
(1) the maintenance and operations tax rate of the |
|
district for the most recent tax year of the period that consists of |
|
the 2007 and 2008 tax years in which the district's tax rate was |
|
approved at an election under this section; and |
|
(2) the district's current debt rate. |
|
SECTION 95. Section 26.08, Tax Code, is amended by adding |
|
Subsection (q) to read as follows: |
|
(q) Notwithstanding Subsections (i), (n), and (o), if for |
|
the preceding tax year the district adopted a maintenance and |
|
operations tax rate that was less than the district's effective |
|
maintenance and operations tax rate for that preceding tax year, |
|
the rollback tax rate of the district for the current tax year is |
|
calculated as if the district adopted a maintenance and operations |
|
tax rate for the preceding tax year that was equal to the district's |
|
effective maintenance and operations tax rate for that preceding |
|
tax year. |
|
SECTION 96. Chapter 26, Tax Code, is amended by adding |
|
Section 26.083 to read as follows: |
|
Sec. 26.083. TEMPORARY AUTHORIZATION TO ADOPT SCHOOL |
|
DISTRICT TAX RATE THAT EXCEEDS DISTRICT'S ROLLBACK TAX RATE. (a) |
|
The governing body of a school district in the manner provided by |
|
law for official action by the governing body may call an election |
|
to authorize the district to adopt a maintenance and operations tax |
|
rate not to exceed a specified rate for a specified period. |
|
(b) An election under this section must be held on a uniform |
|
election date. If the governing body of the school district has not |
|
adopted a tax rate for the current tax year before the date the |
|
election is held, the election applies to the district's tax rate |
|
for the current tax year and the following four tax years. If the |
|
governing body of the school district adopted a tax rate for the |
|
current tax year before the date the election is held, the election |
|
applies to the district's tax rate for the following five tax years. |
|
(c) The ballot for the election shall be prepared to permit |
|
voting for or against the proposition: "Authorizing the (name of |
|
school district) to adopt a tax rate for maintenance and operations |
|
purposes for (the current tax year and the following four tax years |
|
or the following five tax years, as applicable) at a rate not to |
|
exceed $___ per $100 valuation." The ballot proposition must |
|
include the proposed limit on the school district's maintenance and |
|
operations tax rate. |
|
(d) If a majority of the votes cast in the election favor the |
|
proposition, the school district, for the current tax year and the |
|
following four tax years or for the following five tax years, as |
|
applicable, may adopt a tax rate that does not exceed the sum of the |
|
rate stated in the ballot proposition and the district's current |
|
debt rate for the applicable year without being required to hold an |
|
election under Section 26.08 to ratify the adopted tax rate, |
|
regardless of whether the adopted tax rate exceeds the district's |
|
rollback tax rate for that tax year. |
|
(e) If the proposition is not approved as provided by |
|
Subsection (d), Section 26.08 applies to the school district's tax |
|
rate for the applicable tax years. |
|
SECTION 97. Section 31.06(a), Tax Code, is amended to read |
|
as follows: |
|
(a) Except as provided by Section 31.061, taxes are payable |
|
only as provided by this section. A [in currency of the United
|
|
States. However, a] collector shall [may] accept United States |
|
currency or a check or money order in payment of taxes[,] and shall |
|
[may] accept payment by credit card or electronic funds transfer. |
|
[A collector and a person may enter into an agreement under which
|
|
the person pays taxes by electronic funds transfer. The agreement
|
|
must:
|
|
[(1) be in writing;
|
|
[(2) be signed by the collector and the person; and
|
|
[(3)
specify the means or format of payment by
|
|
electronic funds transfer.] |
|
SECTION 98. Section 313.027, Tax Code, is amended by adding |
|
Subsections (i) and (j) to read as follows: |
|
(i) A person and the school district may not enter into an |
|
agreement under which the person agrees to provide supplemental |
|
payments to a school district in an amount that exceeds an amount |
|
equal to $100 per student per year in average daily attendance, as |
|
defined by Section 42.005, Education Code, or for a period that |
|
exceeds the period described by Section 313.021(4) or 313.104(2)(B) |
|
of this code. This limit does not apply to an amount described by |
|
Subsection (f)(1) of this section. |
|
(j) A local school district is entitled to enter into |
|
multiple contracts with applicants and is entitled to receive the |
|
amount per student in average daily attendance as specified in |
|
Subsection (i) above. |
|
SECTION 99. (a) The following provisions of the Education |
|
Code are repealed: |
|
(1) Subchapter N, Chapter 21; |
|
(2) Section 21.704(b); |
|
(3) Section 39.024(e); |
|
(4) Sections 41.002(b) and (g); |
|
(5) Section 41.098; |
|
(6) Section 42.103(e); |
|
(7) Sections 42.152(e), (f), (g), (h), (i), (j), (k), |
|
(l), (m), (n), (o), (p), and (u); |
|
(8) Sections 42.2511, 42.2512, 42.2513, and 42.2514; |
|
(9) Section 42.2516(h); |
|
(10) Section 42.2521; and |
|
(11) Section 42.302(a-1). |
|
(b) Sections 825.405(h) and (i), Government Code, are |
|
repealed. |
|
(c) Subchapter C, Chapter 1581, Insurance Code, is |
|
repealed. |
|
(d) Section 2, Chapter 1191 (H.B. 828), Acts of the 80th |
|
Legislature, Regular Session, 2007, which amended Subsection |
|
(a-1), Section 42.302, Education Code, is repealed. |
|
(e) Section 40, Chapter 1504 (H.B. 6), Acts of the 77th |
|
Legislature, Regular Session, 2001, is repealed. |
|
SECTION 100. (a) Notwithstanding any other provision of |
|
this Act, Sections 12.1331 and 21.402(c-1), Education Code, as |
|
added by this Act, are expressly contingent on a determination by |
|
the commissioner of education that payment of wage and salary |
|
increases and associated benefits required by those sections are |
|
allowable uses of federal funds received by school districts and |
|
open-enrollment charter schools under the American Recovery and |
|
Reinvestment Act of 2009 (Pub. L. No. 111-5) and appropriated as |
|
part of the Foundation School Program. The commissioner may not |
|
make a determination under this subsection until the state's |
|
application to spend funds under the American Recovery and |
|
Reinvestment Act of 2009 has been approved by the United States |
|
government. The commissioner shall promptly notify school |
|
districts and open-enrollment charter schools of that |
|
determination. A determination by the commissioner under this |
|
subsection is final and may not be appealed. |
|
(b) A school district or open-enrollment charter school may |
|
enter into an employment contract or agreement that is contingent |
|
on a determination of the commissioner of education under |
|
Subsection (a) of this section. |
|
(c) The commissioner of education by rule may determine the |
|
applicable minimum salary schedule for use by school districts |
|
during the 2010-2011 state fiscal biennium following a |
|
determination under Subsection (a) of this section. If the |
|
commissioner determines that federal funds received by school |
|
districts and open-enrollment charter schools under the American |
|
Recovery and Reinvestment Act of 2009 may not be used for purposes |
|
of Sections 12.1331 and 21.402(c-1), Education Code, as added by |
|
this Act, those amendments have no effect in determining the salary |
|
required to be paid to an employee of a school district or |
|
open-enrollment charter school. |
|
SECTION 101. Section 21.402(c-4), Education Code, as added |
|
by this Act, does not affect a contract between a school district |
|
and a person entitled to a minimum salary under Section 21.402, |
|
Education Code, if the contract: |
|
(1) was entered into before the effective date of the |
|
change in law made by this Act; and |
|
(2) provides for a salary greater than the minimum |
|
salary to which the person would be entitled under Section |
|
21.402(c-4), Education Code, as added by this Act. |
|
SECTION 102. The provisions of Section 42.2516(b)(2), |
|
Education Code, as amended by this Act, shall be effective for the |
|
fiscal year that begins September 1, 2006, and any amounts due a |
|
district shall be paid to the district in the fiscal year that |
|
begins September 1, 2009, at the time other payments are made to the |
|
district. |
|
SECTION 103. Section 44.004, Education Code, Sections 3.005 |
|
and 4.008, Election Code, and Sections 26.01 and 26.05, Tax Code, as |
|
amended by this Act, apply only to ad valorem taxes imposed for a |
|
tax year beginning on or after the effective date of this Act. |
|
SECTION 104. Section 26.083, Tax Code, as added by this Act, |
|
applies only to the ad valorem tax rate of a school district for a |
|
tax year beginning on or after the effective date of this Act. |
|
SECTION 105. (a) Section 26.08(p), Tax Code, as added by |
|
this Act, applies to the ad valorem tax rate of a school district |
|
beginning with the 2009 tax year, except as provided by Subsection |
|
(b) of this section. |
|
(b) If the governing body of a school district adopted an ad |
|
valorem tax rate for the school district for the 2009 tax year |
|
before the effective date of this Act, Section 26.08(p), Tax Code, |
|
as added by this Act, applies to the ad valorem tax rate of that |
|
school district beginning with the 2010 tax year, and the law in |
|
effect when the tax rate was adopted applies to the 2009 tax year |
|
with respect to that school district. |
|
SECTION 106. The commissioner of education shall ensure |
|
that each school district receives, within the amount to which the |
|
district is entitled under Section 42.2516, Education Code, the |
|
total amount to which the district is entitled as a result of the |
|
adjustment provided under Section 42.103(d), Education Code. |
|
SECTION 107. (a) The change in law made by Section |
|
26.08(q), Tax Code, as added by this Act, applies to the ad valorem |
|
tax rate of a school district beginning with the 2009 tax year, |
|
except as provided by Subsection (b) of this section. |
|
(b) If the governing body of a school district adopted an ad |
|
valorem tax rate for the school district for the 2009 tax year |
|
before the effective date of this Act, the change in law made by |
|
Section 26.08(q), Tax Code, as added by this Act, applies to the ad |
|
valorem tax rate of that school district beginning with the 2010 tax |
|
year, and the law in effect when the tax rate was adopted applies to |
|
the 2009 tax year with respect to that school district. |
|
SECTION 108. To the extent of any conflict, this Act |
|
prevails over another Act of the 81st Legislature, Regular Session, |
|
2009, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 109. Except as otherwise provided by this Act, this |
|
Act takes effect September 1, 2009. |