82R19071 VOO-D
	By: Eissler, Aycock, Crownover,	H.B. No. 400
	Anderson of McLennan, Garza, et al.
	Substitute the following for H.B. No. 400:
	By:  Smith of Tarrant	C.S.H.B. No. 400

	A BILL TO BE ENTITLED
	AN ACT
	relating to flexibility for public schools to administer primary
	and secondary education efficiently.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 11.0581, Education Code, is amended by
	adding Subsection (e) to read as follows:
	(e)  The joint election agreement allocating expenses as
	provided by Section 271.004, Election Code, must provide that a
	school district is responsible only for the proportion of election
	expenses that corresponds to the proportion that the number of
	precincts located within the school district's boundaries bears to
	the total number of precincts participating in the joint election.
	SECTION 2.  Subchapter D, Chapter 11, Education Code, is
	amended by adding Section 11.179 to read as follows:
	Sec. 11.179.  UNIFORM NOTICE FOR CERTAIN BOARD HEARINGS AND
	MEETINGS. (a)  The board of trustees of a school district shall
	provide notice of a hearing under Sections 39.083 and 39.306 and a
	meeting under Section 44.004 by:
	(1)  sending the notice through e-mail to media serving
	the district;
	(2)  prominently posting the entire notice, in addition
	to any required documents or summaries, on the district's Internet
	website;
	(3)  making the notice, in addition to any required
	documents or summaries, available for public inspection at the
	district's central administrative office; and
	(4)  making the notice, in addition to any required
	documents or summaries, available for public inspection at each
	campus in the district.
	(b)  In addition to providing notice as required by
	Subsection (a), the board may also provide notice as permitted by
	Section 39.083, 39.306, or 44.004, as applicable.
	SECTION 3.  Sections 12.133(b), (b-1), (c), and (d-1),
	Education Code, are amended to read as follows:
	(b)  Each school year, using state funds received by the
	charter holder for that purpose under Subsection (d), a charter
	holder that participated in the program under Chapter 1579,
	Insurance Code, for the 2005-2006 school year shall provide
	employees of the charter holder, other than administrators,
	compensation in the form of annual salaries, incentives, or other
	compensation determined appropriate by the charter holder that
	results in an average compensation increase for classroom teachers,
	full-time librarians, full-time counselors, and full-time school
	nurses who are employed by the charter holder [and who would be
	entitled to a minimum salary under Section 21.402 if employed by a
	school district,] in an amount at least equal to $2,500.
	(b-1)  Using state funds received by the charter holder for
	that purpose under Subsection (d-1), a charter holder that
	participated in the program under Chapter 1579, Insurance Code, for
	the 2005-2006 school year shall provide employees of the charter
	holder, other than administrators, compensation in the form of
	annual salaries, incentives, or other compensation determined
	appropriate by the charter holder that results in average
	compensation increases as follows:
	(1)  for full-time employees other than full-time
	classroom teachers, full-time librarians, full-time counselors,
	and full-time nurses [employees who would be entitled to a minimum
	salary under Section 21.402 if employed by a school district], an
	average increase at least equal to $500; and
	(2)  for part-time employees, an average increase at
	least equal to $250.
	(c)  Each school year, using state funds received by the
	charter holder for that purpose under Subsection (e), a charter
	holder that did not participate in the program under Chapter 1579,
	Insurance Code, for the 2005-2006 school year shall provide
	employees of the charter holder, other than administrators,
	compensation in the form of annual salaries, incentives, or other
	compensation determined appropriate by the charter holder that
	results in an average compensation increase for classroom teachers,
	full-time librarians, full-time counselors, and full-time school
	nurses who are employed by the charter holder [and who would be
	entitled to a minimum salary under Section 21.402 if employed by a
	school district,] in an amount at least equal to $2,000.
	(d-1)  In addition to any amounts to which a charter holder
	is entitled under this chapter, a charter holder that participated
	in the program under Chapter 1579, Insurance Code, for the
	2005-2006 school year is entitled to state aid in an amount, as
	determined by the commissioner, equal to the sum of:
	(1)  the product of $500 multiplied by the number of
	full-time employees other than full-time classroom teachers,
	full-time librarians, full-time counselors, and full-time nurses
	[employees who would be entitled to a minimum salary under Section
	21.402 if employed by a school district]; and
	(2)  the product of $250 multiplied by the number of
	part-time employees.
	SECTION 4.  Section 19.007(f), Education Code, is amended to
	read as follows:
	(f)  In addition to other amounts received by the district
	under this section, the district is entitled to state aid in an
	amount equal to the product of $2,000 multiplied by the number of
	classroom teachers, full-time librarians, full-time counselors
	certified under Subchapter B, Chapter 21, and full-time school
	nurses who are employed by the district [and who would be entitled
	to a minimum salary under Section 21.402 if employed by a school
	district operating under Chapter 11].
	SECTION 5.  Section 19.009(d-1), Education Code, is amended
	to read as follows:
	(d-1)  Each school year, the district shall pay an amount at
	least equal to $2,000 to each classroom teacher, full-time
	librarian, full-time counselor certified under Subchapter B,
	Chapter 21, and full-time school nurse who is employed by the
	district [and who would be entitled to a minimum salary under
	Section 21.402 if employed by a school district operating under
	Chapter 11]. A payment under this section is in addition to wages
	the district would otherwise pay the employee during the school
	year.
	SECTION 6.  Section 21.0031(b), Education Code, is amended
	to read as follows:
	(b)  After an employee receives notice that the employee's
	contract is void under Subsection (a),[:
	[(1)]  a school district may:
	(1) [(A)]  terminate the employee;
	(2) [(B)]  suspend the employee with or without pay; or
	(3) [(C)]  retain the employee for the remainder of the
	school year on an at-will employment basis in a position other than
	classroom teacher at the employee's existing rate of pay or at a
	reduced rate[; and
	[(2)     the employee is not entitled to the minimum
	salary prescribed by Section 21.402].
	SECTION 7.  Section 21.103(a), Education Code, is amended to
	read as follows:
	(a)  The board of trustees of a school district may terminate
	the employment of a teacher employed under a probationary contract
	at the end of the contract period if in the board's judgment the
	best interests of the district will be served by terminating the
	employment. The board of trustees must give notice of its decision
	to terminate the employment to the teacher not later than [the 45th
	day before] the last day of instruction required under the
	contract.  The notice must be delivered personally to the teacher or
	mailed by regular mail or prepaid certified mail or by an express
	delivery service to the teacher's address of record with the
	district. Notice that is mailed in accordance with this subsection
	is considered given at the time of mailing.  The board's decision is
	final and may not be appealed.
	SECTION 8.  Section 21.157, Education Code, is amended to
	read as follows:
	Sec. 21.157.  NECESSARY REDUCTION OF PERSONNEL. A teacher
	employed under a continuing contract may be released at the end of a
	school year and the teacher's employment with the school district
	terminated at that time because of a necessary reduction of
	personnel by the school district[, with those reductions made in
	the reverse order of seniority in the specific teaching fields].
	SECTION 9.  Section 21.206(a), Education Code, is amended to
	read as follows:
	(a)  Not later than the [45th day before the] last day of
	instruction in a school year, the board of trustees shall notify in
	writing each teacher whose contract is about to expire whether the
	board proposes to renew or not renew the contract.  The notice must
	be delivered personally to the teacher or mailed by regular mail or
	prepaid certified mail or by an express delivery service to the
	teacher's address of record with the district. Notice that is
	mailed in accordance with this subsection is considered given at
	the time of mailing.
	SECTION 10.  Section 21.211, Education Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1)  A teacher whose term contract is terminated under
	Subsection (a)(2) before the end of the contract period may request
	a hearing before the board of trustees or the board's designee as
	provided by Section 21.207 for a hearing on a proposed nonrenewal of
	a contract. A teacher who is aggrieved by a decision of the board or
	the board's designee at a hearing under this subsection may appeal
	to the commissioner for review of the decision in accordance with
	Subchapter G. The commissioner may not substitute the
	commissioner's judgment for that of the board of trustees or the
	board's designee unless the decision of the board or the board's
	designee was not supported by substantial evidence based on the
	record made at the hearing before the board or the board's designee.
	SECTION 11.  Subchapter I, Chapter 21, Education Code, is
	amended by adding Section 21.4032 to read as follows:
	Sec. 21.4032.  LOCAL COMPENSATION PLAN. (a)  A school
	district shall adopt a strategic plan for determining the
	compensation of the district's classroom teachers, full-time
	librarians, full-time counselors certified under Subchapter B, and
	full-time school nurses.  A district's strategic compensation plan
	must be designed to recruit, reward, and retain effective classroom
	teachers, librarians, counselors, and nurses.
	(b)  In developing a plan under Subsection (a), a school
	district shall consider including provisions under which the
	district may analyze any of several factors when determining
	compensation, including, as applicable:
	(1)  demonstrated effectiveness in improving student
	achievement;
	(2)  service as a mentor for other classroom teachers;
	(3)  assumption of responsibilities in addition to
	regular duties;
	(4)  results of performance evaluations;
	(5)  whether a classroom teacher teaches in a subject
	area or position that is an acute shortage area as determined by the
	board of trustees of the district as provided by Section
	824.602(m), Government Code, if the classroom teacher meets state
	and federal qualifications to teach in that subject area or
	position;
	(6)  whether a classroom teacher teaches a greater
	number of students than the average teacher in the district;
	(7)  whether an employee teaches at or is assigned to a
	district school at which, as determined by the board of trustees of
	the district, the district has difficulty hiring or retaining
	classroom teachers or other professional employees; or
	(8)  other job-related duties, as determined by the
	district.
	(c)  A school district must adopt a process to consider input
	from classroom teachers, librarians, counselors, and nurses before
	adoption or revision of a plan under Subsection (a).
	(d)  A plan adopted under Subsection (a) may provide for
	nonfinancial compensation, including flexible scheduling or
	additional leave, and compensation for employees who meet
	campus-wide goals.
	(e)  A plan adopted under Subsection (a) may not consider
	athletic coaching or other athletic performance or achievement in
	determining compensation.  Payment for service as a coach or with
	regard to extracurricular activities must be determined separately
	from the plan.
	SECTION 12.  Section 21.4551(e), Education Code, is amended
	to read as follows:
	(e)  From funds appropriated for that purpose, a teacher who
	attends a reading academy is entitled to receive a stipend in the
	amount determined by the commissioner. [A stipend received under
	this subsection is not considered in determining whether a district
	is paying the teacher the minimum monthly salary under Section
	21.402.]
	SECTION 13.  Section 22.107(a), Education Code, is amended
	to read as follows:
	(a)  A school district shall pay each full-time district
	employee, other than an administrator or a classroom teacher,
	full-time librarian, full-time counselor certified under
	Subchapter B, Chapter 21, or full-time school nurse [an employee
	subject to the minimum salary schedule under Section 21.402], an
	amount at least equal to $500.
	SECTION 14.  Sections 25.112(a) and (d), Education Code, are
	amended to read as follows:
	(a)  Except as otherwise authorized by this section, a school
	district may not enroll more than a district-wide average of 22
	students in [a] kindergarten, first, second, third, and [or] fourth
	grade classes or more than 25 students in a class at one of those
	grade levels.  Those limitations do [class. That limitation does]
	not apply during:
	(1)  any 12-week period of the school year selected by
	the district, in the case of a district whose average daily
	attendance is adjusted under Section 42.005(c); or
	(2)  the last 12 weeks of any school year in the case of
	any other district.
	(d)  On application of a school district, the commissioner
	may except the district from a [the] limit in Subsection (a) if the
	commissioner finds the limit works an undue hardship on the
	district.  An exception expires at the end of the school year for
	which it is granted.
	SECTION 15.  Section 25.113(a), Education Code, is amended
	to read as follows:
	(a)  A campus or district that is granted an exception under
	Section 25.112(d) from class size limits shall provide written
	notice of the exception to the parent of or person standing in
	parental relation to each student affected by the exception.  The
	notice must be included in a regular mailing or other communication
	from the campus or district, such as information sent home with
	students.  The notice must be in conspicuous bold or underlined
	print and, as applicable:
	(1)  specify the class for which an exception from the
	limit imposed by Section 25.112(a) was granted;
	(2)  state the number of children in the class for which
	the exception was granted;
	(3)  state that an exception from the district-wide
	average limit imposed by Section 25.112(a) was granted; and
	(4)  state the district-wide average number of children
	in a class for which the exception was granted [and
	[(3)     be included in a regular mailing or other
	communication from the campus or district, such as information sent
	home with students].
	SECTION 16.  Section 28.0211(c), Education Code, is amended
	to read as follows:
	(c)  Each time a student fails to perform satisfactorily on
	an assessment instrument specified under Subsection (a), the school
	district in which the student attends school shall provide to the
	student accelerated instruction in the applicable subject area,
	including reading instruction for a student who fails to perform
	satisfactorily on a reading assessment instrument. After a student
	fails to perform satisfactorily on an assessment instrument a
	second time, a grade placement committee shall be established to
	prescribe the accelerated instruction the district shall provide to
	the student before the student is administered the assessment
	instrument the third time. The grade placement committee shall be
	composed of the principal or the principal's designee, the
	student's parent or guardian, and the teacher of the subject of an
	assessment instrument on which the student failed to perform
	satisfactorily. The district shall notify the parent or guardian
	of the time and place for convening the grade placement committee
	and the purpose of the committee. [An accelerated instruction
	group administered by a school district under this section may not
	have a ratio of more than 10 students for each teacher.]
	SECTION 17.  Section 30.022(f), Education Code, is amended
	to read as follows:
	(f)  Before the beginning of each fiscal year, the board
	shall adopt a calendar for the school's operation that provides for
	at least[:
	[(1)]  the minimum number of days of instruction
	required by Section 25.081[; and
	[(2)     the minimum number of days of service required by
	Section 21.401].
	SECTION 18.  Section 30.052(f), Education Code, is amended
	to read as follows:
	(f)  Before the beginning of each fiscal year, the board
	shall adopt a calendar for the school's operation that:
	(1)  provides for at least[:
	[(1)]  the minimum number of days of instruction
	required by Section 25.081; and
	(2)  is consistent with the number of days of service in
	contracts between the school and classroom teachers [the minimum
	number of days of service required by Section 21.401].
	SECTION 19.  Section 38.101(a), Education Code, is amended
	to read as follows:
	(a)  Except as provided by Subsection (b), a school district
	annually shall assess the physical fitness of students enrolled in
	grade three or higher in a course that:
	(1)  satisfies the curriculum requirements for
	physical education under Section 28.002(a)(2)(C); or
	(2)  serves as a physical education credit under
	Section 28.025(b-1) [grades 3 through 12].
	SECTION 20.  Section 39.083(d), Education Code, is amended
	to read as follows:
	(d)  The board of trustees of each school district shall hold
	a public hearing on the report. The board shall give notice of the
	hearing to owners of real property in the district and to parents of
	district students. In addition to other notice required by law,
	notice of the hearing:
	(1)  may [must] be provided[:
	[(1)]  to a newspaper of general circulation in the
	district; and
	(2)  must be provided as prescribed by Section
	11.179(a) [through electronic mail to media serving the district].
	SECTION 21.  Section 39.306(c), Education Code, is amended
	to read as follows:
	(c)  The board of trustees shall hold a hearing for public
	discussion of the report. The board of trustees shall give notice
	of the hearing to property owners in the district and parents of and
	other persons standing in parental relation to a district student.
	The notification may [must] include notice to a newspaper of
	general circulation in the district and must include notice as
	prescribed by Section 11.179(a) [to electronic media serving the
	district]. After the hearing the report shall be widely
	disseminated within the district in a manner to be determined under
	rules adopted by the commissioner.
	SECTION 22.  Section 42.2513(a), Education Code, is amended
	to read as follows:
	(a)  A school district, including a school district that is
	otherwise ineligible for state aid under this chapter, is entitled
	to state aid in an amount equal to the sum of:
	(1)  the product of $500 multiplied by the number of
	full-time district employees, other than administrators or
	classroom teachers, full-time librarians, full-time counselors
	certified under Subchapter B, Chapter 21, or full-time school
	nurses [employees subject to the minimum salary schedule under
	Section 21.402]; and
	(2)  the product of $250 multiplied by the number of
	part-time district employees, other than administrators.
	SECTION 23.  Sections 44.004(b), (c), (i), and (j),
	Education Code, are amended to read as follows:
	(b)  The president shall provide for [the publication of]
	notice of the budget and proposed tax rate meeting as prescribed by
	Section 11.179(a) and may provide for publication of the notice in a
	daily, weekly, or biweekly newspaper published in the district. If
	no daily, weekly, or biweekly newspaper is published in the
	district, the president may [shall] provide for the publication of
	notice in at least one newspaper of general circulation in the
	county in which the district's central administrative office is
	located. Notice under this subsection shall be provided [published]
	not earlier than the 30th day or later than the 10th day before the
	date of the meeting [hearing].
	(c)  A [The] notice of public meeting to discuss and adopt
	the budget and the proposed tax rate published in a newspaper under
	Subsection (b) may not be smaller than one-quarter page of a
	standard-size or a tabloid-size newspaper, and the headline on the
	notice must be in 18-point or larger type.  Subject to Subsection
	(d), [the] notice required under this section must:
	(1)  contain a statement in the following form:
	"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE
	"The (name of school district) will hold a public meeting at
	(time, date, year) in (name of room, building, physical location,
	city, state).  The purpose of this meeting is to discuss the school
	district's budget that will determine the tax rate that will be
	adopted.  Public participation in the discussion is invited."  The
	statement of the purpose of the meeting must be in bold type.  In
	reduced type, the notice must state:  "The tax rate that is
	ultimately adopted at this meeting or at a separate meeting at a
	later date may not exceed the proposed rate shown below unless the
	district provides [publishes a] revised notice containing the same
	information and comparisons set out below and holds another public
	meeting to discuss the revised notice.";
	(2)  contain a section entitled "Comparison of Proposed
	Budget with Last Year's Budget," which must show the difference,
	expressed as a percent increase or decrease, as applicable, in the
	amounts budgeted for the preceding fiscal year and the amount
	budgeted for the fiscal year that begins in the current tax year for
	each of the following:
	(A)  maintenance and operations;
	(B)  debt service; and
	(C)  total expenditures;
	(3)  contain a section entitled "Total Appraised Value
	and Total Taxable Value," which must show the total appraised value
	and the total taxable value of all property and the total appraised
	value and the total taxable value of new property taxable by the
	district in the preceding tax year and the current tax year as
	calculated under Section 26.04, Tax Code;
	(4)  contain a statement of the total amount of the
	outstanding and unpaid bonded indebtedness of the school district;
	(5)  contain a section entitled "Comparison of Proposed
	Rates with Last Year's Rates," which must:
	(A)  show in rows the tax rates described by
	Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of
	property, for columns entitled "Maintenance & Operations,"
	"Interest & Sinking Fund," and "Total," which is the sum of
	"Maintenance & Operations" and "Interest & Sinking Fund":
	(i)  the school district's "Last Year's
	Rate";
	(ii)  the "Rate to Maintain Same Level of
	Maintenance & Operations Revenue & Pay Debt Service," which:
	(a)  in the case of "Maintenance &
	Operations," is the tax rate that, when applied to the current
	taxable value for the district, as certified by the chief appraiser
	under Section 26.01, Tax Code, and as adjusted to reflect changes
	made by the chief appraiser as of the time the notice is prepared,
	would impose taxes in an amount that, when added to state funds to
	be distributed to the district under Chapter 42, would provide the
	same amount of maintenance and operations taxes and state funds
	distributed under Chapter 42 per student in average daily
	attendance for the applicable school year that was available to the
	district in the preceding school year; and
	(b)  in the case of "Interest & Sinking
	Fund," is the tax rate that, when applied to the current taxable
	value for the district, as certified by the chief appraiser under
	Section 26.01, Tax Code, and as adjusted to reflect changes made by
	the chief appraiser as of the time the notice is prepared, and when
	multiplied by the district's anticipated collection rate, would
	impose taxes in an amount that, when added to state funds to be
	distributed to the district under Chapter 46 and any excess taxes
	collected to service the district's debt during the preceding tax
	year but not used for that purpose during that year, would provide
	the amount required to service the district's debt; and
	(iii)  the "Proposed Rate";
	(B)  contain fourth and fifth columns aligned with
	the columns required by Paragraph (A) that show, for each row
	required by Paragraph (A):
	(i)  the "Local Revenue per Student," which
	is computed by multiplying the district's total taxable value of
	property, as certified by the chief appraiser for the applicable
	school year under Section 26.01, Tax Code, and as adjusted to
	reflect changes made by the chief appraiser as of the time the
	notice is prepared, by the total tax rate, and dividing the product
	by the number of students in average daily attendance in the
	district for the applicable school year; and
	(ii)  the "State Revenue per Student," which
	is computed by determining the amount of state aid received or to be
	received by the district under Chapters 42, 43, and 46 and dividing
	that amount by the number of students in average daily attendance in
	the district for the applicable school year; and
	(C)  contain an asterisk after each calculation
	for "Interest & Sinking Fund" and a footnote to the section that, in
	reduced type, states "The Interest & Sinking Fund tax revenue is
	used to pay for bonded indebtedness on construction, equipment, or
	both.  The bonds, and the tax rate necessary to pay those bonds,
	were approved by the voters of this district.";
	(6)  contain a section entitled "Comparison of Proposed
	Levy with Last Year's Levy on Average Residence," which must:
	(A)  show in rows the information described by
	Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns
	entitled "Last Year" and "This Year":
	(i)  "Average Market Value of Residences,"
	determined using the same group of residences for each year;
	(ii)  "Average Taxable Value of Residences,"
	determined after taking into account the limitation on the
	appraised value of residences under Section 23.23, Tax Code, and
	after subtracting all homestead exemptions applicable in each year,
	other than exemptions available only to disabled persons or persons
	65 years of age or older or their surviving spouses, and using the
	same group of residences for each year;
	(iii)  "Last Year's Rate Versus Proposed
	Rate per $100 Value"; and
	(iv)  "Taxes Due on Average Residence,"
	determined using the same group of residences for each year; and
	(B)  contain the following information: "Increase
	(Decrease) in Taxes" expressed in dollars and cents, which is
	computed by subtracting the "Taxes Due on Average Residence" for
	the preceding tax year from the "Taxes Due on Average Residence" for
	the current tax year;
	(7)  contain the following statement in bold print:
	"Under state law, the dollar amount of school taxes imposed on the
	residence of a person 65 years of age or older or of the surviving
	spouse of such a person, if the surviving spouse was 55 years of age
	or older when the person died, may not be increased above the amount
	paid in the first year after the person turned 65, regardless of
	changes in tax rate or property value.";
	(8)  contain the following statement in bold print:
	"Notice of Rollback Rate:  The highest tax rate the district can
	adopt before requiring voter approval at an election is (the school
	district rollback rate determined under Section 26.08, Tax Code).
	This election will be automatically held if the district adopts a
	rate in excess of the rollback rate of (the school district rollback
	rate)."; and
	(9)  contain a section entitled "Fund Balances," which
	must include the estimated amount of interest and sinking fund
	balances and the estimated amount of maintenance and operation or
	general fund balances remaining at the end of the current fiscal
	year that are not encumbered with or by corresponding debt
	obligation, less estimated funds necessary for the operation of the
	district before the receipt of the first payment under Chapter 42 in
	the succeeding school year.
	(i)  A school district that uses a certified estimate, as
	authorized by Subsection (h), may adopt a budget at the public
	meeting designated in the notice prepared using the estimate, but
	the district may not adopt a tax rate before the district receives
	the certified appraisal roll for the district required by Section
	26.01(a), Tax Code. After receipt of the certified appraisal roll,
	the district must provide [publish a] revised notice and hold
	another public meeting before the district may adopt a tax rate that
	exceeds:
	(1)  the rate proposed in the notice prepared using the
	estimate; or
	(2)  the district's rollback rate determined under
	Section 26.08, Tax Code, using the certified appraisal roll.
	(j)  Notwithstanding Subsections (g), (h), and (i), a school
	district may adopt a budget after the district adopts a tax rate for
	the tax year in which the fiscal year covered by the budget begins
	if the district elects to adopt a tax rate before receiving the
	certified appraisal roll for the district as provided by Section
	26.05(g), Tax Code.  If a school district elects to adopt a tax rate
	before adopting a budget, the district must provide [publish]
	notice and hold a meeting for the purpose of discussing the proposed
	tax rate as provided by this section.  Following adoption of the tax
	rate, the district must provide [publish] notice and hold another
	public meeting before the district may adopt a budget.  The
	comptroller shall prescribe the language and format to be used in
	the notices.  The school district may use the certified estimate of
	taxable value in preparing a notice under this subsection.
	SECTION 24.  Subchapter A, Chapter 44, Education Code, is
	amended by adding Section 44.011 to read as follows:
	Sec. 44.011.  FINANCIAL EXIGENCY. (a)  The board of trustees
	of a school district may adopt a resolution declaring a financial
	exigency for the district. The declaration expires at the end of the
	fiscal year during which the declaration is made unless the board
	adopts a resolution before the end of the fiscal year declaring
	continuation of the financial exigency for the following fiscal
	year.
	(b)  The board is not limited in the number of times the board
	may adopt a resolution declaring continuation of the financial
	exigency.
	(c)  A board may terminate a financial exigency declaration
	at any time if the board considers it appropriate.
	(d)  Each time the board adopts a resolution under this
	section, the board must notify the commissioner. The commissioner
	by rule shall prescribe the time and manner in which notice must be
	given to the commissioner under this subsection.
	SECTION 25.  Section 45.003(a), Education Code, is amended
	to read as follows:
	(a)  Bonds described by Section 45.001 may not be issued and
	taxes described by Section 45.001 or 45.002 may not be levied unless
	authorized by a majority of the qualified voters of the district,
	voting at an election held for that purpose, at the expense of the
	district, in accordance with the Election Code, except as provided
	by this section. Each election must be called by resolution or
	order of the governing board or commissioners court. The
	resolution or order must state the date of the election, the
	proposition or propositions to be submitted and voted on, the
	polling place or places, and any other matters considered necessary
	or advisable by the governing board or commissioners court.  If an
	election under this section is held as a joint election under
	Chapter 271, Election Code, the polling places must be designated
	in the manner provided by Section 11.0581(c) for polling places in
	an election for trustees.
	SECTION 26.  Section 271.003(b), Election Code, is amended
	to read as follows:
	(b)  The voters of a particular election precinct or
	political subdivision may be served in a joint election by a common
	polling place located outside the boundary of the election precinct
	or political subdivision if the location can adequately and
	conveniently serve the affected voters and will facilitate the
	orderly conduct of the election, except as otherwise provided by
	Section 11.0581, Education Code, or other law.
	SECTION 27.  Section 825.405, Government Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (j) to read
	as follows:
	(a)  For members in a personnel position that would have been
	entitled to the minimum salary for certain school personnel under
	Section 21.402, Education Code, as that section existed on January
	1, 2011, and for members who would have been entitled to the minimum
	salary for certain school personnel under former Section 16.056,
	Education Code, as that section existed on January 1, 1995, the
	employing district shall pay the state's contribution on the
	portion of the member's salary that exceeds the statutory minimum
	salary, based on the member's years of experience.
	(b)  For purposes of this section,[:
	[(1)]  the statutory minimum salary is the amount
	specified below [for certain school personnel under Section 21.402,
	Education Code, is the salary provided by that section] multiplied
	by the cost of education adjustment applicable under Section
	42.102, Education Code, to the district in which the member is
	employed:
	Years of Monthly
	Experience Salary
	0 2,732
	1 2,791
	2 2,849
	3 2,908
	4 3,032
	5 3,156
	6 3,280
	7 3,395
	8 3,504
	9 3,607
	10 3,704
	11 3,796
	12 3,884
	13 3,965
	14 4,043
	15 4,116
	16 4,186
	17 4,251
	18 4,313
	19 4,372
	20 & Over 4,427
	[; and
	[(2)     the statutory minimum salary for members who
	would have been entitled to the minimum salary for certain school
	personnel under former Section 16.056, Education Code, as that
	section existed on January 1, 1995, is a minimum salary computed in
	the same manner as the minimum salary for certain school personnel
	under Section 21.402, Education Code, multiplied by the cost of
	education adjustment applicable under Section 42.102, Education
	Code, to the district in which the member is employed.]
	(j)  At least once every four years, the Legislative Budget
	Board shall review and make recommendations regarding revision of
	the portion of the state's contribution for which school districts
	are responsible under this section.
	SECTION 28.  (a)  The following provisions of the Education
	Code are repealed:
	(1)  Section 21.401;
	(2)  Section 21.402;
	(3)  Section 21.403;
	(4)  Section 21.4031;
	(5)  Section 21.410(l);
	(6)  Section 21.411(l);
	(7)  Section 21.412(l);
	(8)  Section 21.413(l);
	(9)  Section 29.0821(c); and
	(10)  Section 30.102(b).
	(b)  Section 823.404, Government Code, is repealed.
	SECTION 29.  A plan adopted by a school district under
	Section 21.4032, Education Code, as added by this Act, may not be
	used by the district for determining employee compensation paid
	before the 2012-2013 school year.
	SECTION 30.  The changes in law made by Section 11.179,
	Education Code, as added by this Act, and Sections 39.083(d),
	39.306(c), and 44.004(b), (c), (i), and (j), Education Code, as
	amended by this Act, apply only to notice for a hearing or meeting
	for which notice is required to be provided on or after the
	effective date of this Act. A notice for a hearing or meeting for
	which notice is required to be provided before the effective date of
	this Act is governed by the law in effect when the notice is
	required to be provided, and the former law is continued in effect
	for that purpose.
	SECTION 31.  (a)  Except as provided by Subsection (b) of
	this section, this Act applies beginning with the 2011-2012 school
	year.
	(b)  If this Act takes effect on or before April 10, 2011, the
	change in law made by Sections 21.103 and 21.206, Education Code, as
	amended by this Act, applies beginning with contracts for the
	2011-2012 school year.  If this Act takes effect after April 10,
	2011, the change in law made by Sections 21.103 and 21.206,
	Education Code, as amended by this Act, applies beginning with
	contracts for the 2012-2013 school year.
	SECTION 32.  The repeal by this Act of Section 823.404,
	Government Code, does not affect equivalent membership service
	credit established under that section before the effective date of
	this Act.
	SECTION 33.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2011.