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A BILL TO BE ENTITLED
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AN ACT
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relating to transfers from the permanent school fund to the  | 
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available school fund. | 
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
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       SECTION 1.  Section 43.002, Education Code, is amended by  | 
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amending Subsection (a) and adding Subsection (a-1) to read as  | 
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follows: | 
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       (a)  On the first working day of each month in a state fiscal  | 
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year, the comptroller shall transfer from the permanent school fund  | 
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to the available school fund an amount equal to [one-twelfth of] the  | 
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annual distribution for that fiscal year from the permanent school  | 
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fund to the available school fund as provided by Section 5(a),  | 
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Article VII, Texas Constitution, less the amount that has already  | 
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been transferred during the fiscal year, divided by the number of  | 
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months remaining in [for] the fiscal year. | 
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       (a-1)  If compliance with Section 5(a)(2), Article VII,  | 
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Texas Constitution, does not permit monthly transfers under  | 
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Subsection (a) that distribute the full amount of the total return  | 
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on the permanent school fund, at the rate adopted under Section  | 
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5(a)(1), Article VII, Texas Constitution, to be transferred to the  | 
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available school fund in the first year of a state fiscal biennium,  | 
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monthly transfers in the second year of the state fiscal biennium  | 
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may, to the extent authorized by the State Board of Education or its  | 
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successor in function for purposes of this section, be increased to  | 
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transfer amounts adopted for the first year of the state fiscal  | 
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biennium but not transferred in that year. | 
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       SECTION 2.  This Act takes effect September 1, 2009. |