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  81R12141 JRH-F
 
  By: Pitts H.B. No. 4590
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to transfers from the permanent school fund to the
  available school fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.002, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  On the first working day of each month in a state fiscal
  year, the comptroller shall transfer from the permanent school fund
  to the available school fund an amount equal to [one-twelfth of] the
  annual distribution for that fiscal year from the permanent school
  fund to the available school fund as provided by Section 5(a),
  Article VII, Texas Constitution, less the amount that has already
  been transferred during the fiscal year, divided by the number of
  months remaining in [for] the fiscal year.
         (a-1)  If compliance with Section 5(a)(2), Article VII,
  Texas Constitution, does not permit monthly transfers under
  Subsection (a) that distribute the full amount of the total return
  on the permanent school fund, at the rate adopted under Section
  5(a)(1), Article VII, Texas Constitution, to be transferred to the
  available school fund in the first year of a state fiscal biennium,
  monthly transfers in the second year of the state fiscal biennium
  may, to the extent authorized by the State Board of Education, be
  increased to transfer amounts adopted for the first year of the
  state fiscal biennium but not transferred in that year.
         SECTION 2.  This Act takes effect September 1, 2009.