Amend Amendment No. 22 by Farrar to CSSB 2 (prefiled amendment packet, page 10) by striking the text of the amendment and substituting the following:

Amend CSSB 2 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  (a) In addition to amounts appropriated to the Texas Education Agency for the Foundation School Program by this Act, and subject to the limitation prescribed by Subsection (c) of this section, the amount described by Subsection (b) of this section in the economic stabilization fund is appropriated to the Texas Education Agency for the state fiscal biennium beginning September 1, 2011, for the Foundation School Program under Chapter 42, Education Code.

(b)  The amount appropriated by Subsection (a) of this section is the amount of money in the economic stabilization fund that exceeds the difference between the projected balance of the fund as of August 31, 2013, as stated in the comptroller's Biennial Revenue Estimate for 2012-2013, and as revised by the comptroller on May 17, 2011, and the amount appropriated from the fund by HB 275, Acts of the 82nd Legislature, Regular Session, 2011.

(c)  The amount appropriated by this section may not exceed the amount necessary to fund enrollment growth under the Foundation School Program for the state fiscal biennium beginning September 1, 2011.

(d)  It is the intent of the legislature that the comptroller determine the amount of excess funds in the economic stabilization fund and appropriated by this section, as described by Subsection (b) of this section, on or about August 1, 2011, and August 1, 2012, so that the amounts appropriated are determined and made available for the 2011-2012 and 2012-2013 school years, respectively.

(e)  The commissioner of education shall apply amounts appropriated by this section for the Foundation School Program under Chapter 42, Education Code, by proportionately increasing the regular program adjustment factor and percentage adjustment under Sections 42.101 and 42.2516(i), Education Code, as amended by SB 1, Acts of the 82nd Legislature, 1st Called Session, 2011, or similar legislation.

(f)  This section takes effect only if this Act receives a vote of two-thirds of the members present in each house of the legislature, as provided by Section 49-g(m), Article III, Texas Constitution.