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A BILL TO BE ENTITLED
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AN ACT
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relating to state assistance to fund public school instructional |
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facilities that meet certain design and construction, renovation, |
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or improvement standards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.003(a), Education Code, is amended to |
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read as follows: |
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(a) For each year, except as provided by Sections 46.005 and |
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46.006, a school district is guaranteed a specified amount per |
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student in state and local funds for each cent of tax effort, up to |
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the maximum rate under Subsection (b), to pay the principal of and |
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interest on eligible bonds issued to construct, acquire, renovate, |
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or improve an instructional facility. The amount of state support |
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is determined by the formula: |
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FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100)) |
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where: |
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"FYA" is the guaranteed facilities yield amount of state |
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funds allocated to the district for the year; |
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"FYL" is the dollar amount guaranteed level of state and |
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local funds per student per cent of tax effort, which is $35 or a |
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greater amount for any year provided by appropriation or provided |
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for under Section 46.0031; |
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"ADA" is the greater of the number of students in average |
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daily attendance, as determined under Section 42.005, in the |
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district or 400; |
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"BTR" is the district's bond tax rate for the current year, |
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which is determined by dividing the amount budgeted by the district |
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for payment of eligible bonds by the quotient of the district's |
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taxable value of property as determined under Subchapter M, Chapter |
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403, Government Code, or, if applicable, Section 42.2521, divided |
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by 100; and |
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"DPV" is the district's taxable value of property as |
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determined under Subchapter M, Chapter 403, Government Code, or, if |
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applicable, Section 42.2521. |
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SECTION 2. Subchapter A, Chapter 46, Education Code, is |
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amended by adding Section 46.0031 to read as follows: |
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Sec. 46.0031. INCREASED ALLOTMENT AMOUNT FOR INSTRUCTIONAL |
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FACILITIES USING HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND |
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CONSTRUCTION, RENOVATION, OR IMPROVEMENT STANDARDS. (a) This |
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section applies to state support to pay the principal and interest |
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only on eligible bonds as provided by Section 46.003(e) issued for |
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the design and construction or acquisition of an instructional |
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facility described by Subsection (b) or for the renovation or |
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improvement of an instructional facility described by Subsection |
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(b) the cost of which is more than 50 percent of the value of the |
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facility. |
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(b) An instructional facility to which this section applies |
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must be designed and constructed, renovated, or improved so that |
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the facility achieves certification under a high-performance |
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building standard that: |
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(1) exceeds, by at least 15 percent, building code |
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standards for energy and water efficiency existing at the beginning |
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of construction, renovation, or improvement; |
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(2) establishes minimum requirements for indoor air |
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quality; |
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(3) requires substantiating documentation for |
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certification; |
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(4) employs third-party, postconstruction measurement |
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and verification for certification; and |
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(5) is determined by the state energy conservation |
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office to be nationally recognized in the building industry. |
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(c) For an instructional facility to which this section |
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applies, the dollar amount guaranteed level of state and local |
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funds per student per cent of tax effort ("FYL") under Section |
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46.003(a) is an amount equal to the amount specified by Section |
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46.003(a) or by appropriation, as applicable, plus 10 percent of |
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the applicable amount. |
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(d) This section applies only if a sufficient amount of |
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money is appropriated to fund the minimum increased amount under |
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Subsection (c) for each year of the state fiscal biennium beginning |
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September 1, 2009. This subsection expires September 1, 2011. |
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SECTION 3. Section 46.032(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district is guaranteed a specified amount |
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per student in state and local funds for each cent of tax effort to |
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pay the principal of and interest on eligible bonds. The amount of |
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state support, subject only to the maximum amount under Section |
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46.034, is determined by the formula: |
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EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100)) |
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where: |
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"EDA" is the amount of state funds to be allocated to the |
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district for assistance with existing debt; |
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"EDGL" is the dollar amount guaranteed level of state and |
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local funds per student per cent of tax effort, which is $35 or a |
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greater amount for any year provided by appropriation or provided |
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for under Section 46.0321; |
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"ADA" is the number of students in average daily attendance, |
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as determined under Section 42.005, in the district; |
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"EDTR" is the existing debt tax rate of the district, which is |
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determined by dividing the amount budgeted by the district for |
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payment of eligible bonds by the quotient of the district's taxable |
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value of property as determined under Subchapter M, Chapter 403, |
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Government Code, or, if applicable, under Section 42.2521, divided |
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by 100; and |
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"DPV" is the district's taxable value of property as |
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determined under Subchapter M, Chapter 403, Government Code, or, if |
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applicable, under Section 42.2521. |
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SECTION 4. Subchapter B, Chapter 46, Education Code, is |
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amended by adding Section 46.0321 to read as follows: |
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Sec. 46.0321. INCREASED ALLOTMENT AMOUNT FOR INSTRUCTIONAL |
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FACILITIES USING HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND |
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CONSTRUCTION, RENOVATION, OR IMPROVEMENT STANDARDS. (a) This |
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section applies to state support to pay existing debt only for the |
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design and construction or acquisition of an instructional facility |
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described by Subsection (b) or for the renovation or improvement of |
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an instructional facility described by Subsection (b) the cost of |
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which is more than 50 percent of the value of the facility. |
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(b) An instructional facility to which this section applies |
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must be designed and constructed, renovated, or improved so that |
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the facility achieves certification under a high-performance |
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building standard that: |
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(1) exceeds, by at least 15 percent, building code |
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standards for energy and water efficiency existing at the beginning |
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of construction, renovation, or improvement; |
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(2) establishes minimum requirements for indoor air |
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quality; |
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(3) requires substantiating documentation for |
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certification; |
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(4) employs third-party, postconstruction measurement |
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and verification for certification; and |
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(5) is determined by the state energy conservation |
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office to be nationally recognized in the building industry. |
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(c) For an instructional facility to which this section |
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applies, the dollar amount guaranteed level of state and local |
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funds per student per cent of tax effort ("EDGL") under Section |
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46.032(a) is increased to an amount equal to the amount specified by |
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Section 46.032(a) or by appropriation, as applicable, plus 10 |
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percent of the applicable amount. |
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SECTION 5. This Act takes effect September 1, 2009. |