By: Seliger  S.B. No. 401
         (In the Senate - Filed January 5, 2009; February 17, 2009,
  read first time and referred to Committee on Education;
  March 9, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; March 9, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 401 By:  Averitt
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to eligibility for the small and mid-sized district
  adjustment under the public school finance system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.2516, Education Code, is amended by
  amending Subsection (b) and adding Subsection (h-2) to read as
  follows:
         (b)  Subject to Subsections (b-1), (b-2), (f-1), (g), [and]
  (h), and (h-2), 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 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
  2005-2006 school year;
                     (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.
         (h-2)  Notwithstanding any other provision of this code, the
  repeal of Section 42.103(e) by S.B. No. 401, Acts of the 81st
  Legislature, Regular Session, 2009, may not increase the amount of
  state and local funds to which a school district is entitled under
  Subsection (b).
         SECTION 2.  Subsection (e), Section 42.103, Education Code,
  is repealed.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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