| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to state fiscal matters related to public and higher |
|
|
education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
ARTICLE 1. REDUCTION OF EXPENDITURES |
|
|
AND IMPOSITION OF CHARGES GENERALLY |
|
|
SECTION 1.01. This article applies to any state agency, |
|
|
school, institution of higher education, or other entity that |
|
|
receives an appropriation under Article III of the General |
|
|
Appropriations Act. |
|
|
SECTION 1.02. Notwithstanding any other statute of this |
|
|
state, each entity to which this article applies is authorized to |
|
|
reduce or recover expenditures by: |
|
|
(1) consolidating any reports or publications the |
|
|
entity is required to make and filing or delivering any of those |
|
|
reports or publications exclusively by electronic means; |
|
|
(2) extending the effective period of any license, |
|
|
permit, or registration the entity grants or administers; |
|
|
(3) entering into a contract with another governmental |
|
|
entity or with a private vendor to carry out any of the entity's |
|
|
duties; |
|
|
(4) adopting additional eligibility requirements for |
|
|
persons who receive benefits under any law the entity administers |
|
|
to ensure that those benefits are received by the most deserving |
|
|
persons consistent with the purposes for which the benefits are |
|
|
provided; |
|
|
(5) providing that any communication between the |
|
|
entity and another person and any document required to be delivered |
|
|
to or by the entity, including any application, notice, billing |
|
|
statement, receipt, or certificate, may be made or delivered by |
|
|
e-mail or through the Internet; and |
|
|
(6) adopting and collecting fees or charges to cover |
|
|
any costs the entity incurs in performing its lawful functions. |
|
|
ARTICLE 2. FISCAL MATTERS CONCERNING RETIRED TEACHERS |
|
|
SECTION 2.01. Section 825.404(a), Government Code, is |
|
|
amended to read as follows: |
|
|
(a) During each fiscal year, the state shall contribute to |
|
|
the retirement system an amount equal to at least six and not more |
|
|
than 10 percent of the aggregate annual compensation of all members |
|
|
of the retirement system during that fiscal year. [The amount of
|
|
|
the state contribution made under this section may not be less than
|
|
|
the amount contributed by members during that fiscal year in
|
|
|
accordance with Section 825.402.] |
|
|
SECTION 2.02. Section 1575.202(a), Insurance Code, is |
|
|
amended to read as follows: |
|
|
(a) Each state fiscal year, the state shall contribute to |
|
|
the fund an amount equal to 0.5 [one] percent of the salary of each |
|
|
active employee. |
|
|
SECTION 2.03. The changes in law made by this article apply |
|
|
beginning with the state fiscal year that begins September 1, 2011. |
|
|
ARTICLE 3. FISCAL MATTERS CONCERNING |
|
|
FOUNDATION SCHOOL PROGRAM PAYMENTS |
|
|
SECTION 3.01. Sections 42.259(c), (d), and (f), Education |
|
|
Code, are amended to read as follows: |
|
|
(c) Payments from the foundation school fund to each |
|
|
category 2 school district shall be made as follows: |
|
|
(1) 22 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made on or before the |
|
|
25th day of September of a fiscal year; |
|
|
(2) 18 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made on or before the |
|
|
25th day of October; |
|
|
(3) 9.5 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made on or before the |
|
|
25th day of November; |
|
|
(4) 7.5 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made on or before the |
|
|
25th day of April; |
|
|
(5) five percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made on or before the |
|
|
25th day of May; |
|
|
(6) 10 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made on or before the |
|
|
25th day of June; |
|
|
(7) 13 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made on or before the |
|
|
25th day of July; and |
|
|
(8) 15 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made after the 5th |
|
|
day of September and not later than the 10th day of September of the |
|
|
calendar year following the calendar year of the payment made under |
|
|
Subdivision (1) [on or before the 25th day of August]. |
|
|
(d) Payments from the foundation school fund to each |
|
|
category 3 school district shall be made as follows: |
|
|
(1) 45 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made on or before the |
|
|
25th day of September of a fiscal year; |
|
|
(2) 35 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made on or before the |
|
|
25th day of October; and |
|
|
(3) 20 percent of the yearly entitlement of the |
|
|
district shall be paid in an installment to be made after the 5th |
|
|
day of September and not later than the 10th day of September of the |
|
|
calendar year following the calendar year of the payment made under |
|
|
Subdivision (1) [on or before the 25th day of August]. |
|
|
(f) Except as provided by Subsection (c)(8) or (d)(3), any |
|
|
[Any] previously unpaid additional funds from prior fiscal years |
|
|
owed to a district shall be paid to the district together with the |
|
|
September payment of the current fiscal year entitlement. |
|
|
SECTION 3.02. Section 466.355(c), Government Code, is |
|
|
repealed. |
|
|
SECTION 3.03. The changes made by this article to Section |
|
|
42.259, Education Code, apply only to a payment from the foundation |
|
|
school fund that is made on or after the effective date of this Act. |
|
|
A payment to a school district from the foundation school fund that |
|
|
is made before that date is governed by Section 42.259, Education |
|
|
Code, as it existed before amendment by this article, and the former |
|
|
law is continued in effect for that purpose. |
|
|
ARTICLE 4. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT |
|
|
SECTION 4.01. Section 28.053(h), Education Code, is amended |
|
|
to read as follows: |
|
|
(h) The commissioner may enter into agreements with the |
|
|
college board and the International Baccalaureate Organization to |
|
|
pay for all examinations taken by eligible public school students. |
|
|
An eligible student is a student [one] who: |
|
|
(1) takes a college advanced placement or |
|
|
international baccalaureate course at a public school or who is |
|
|
recommended by the student's principal or teacher to take the test; |
|
|
and |
|
|
(2) demonstrates financial need as determined in |
|
|
accordance with guidelines adopted by the board that are consistent |
|
|
with the definition of financial need adopted by the college board |
|
|
or the International Baccalaureate Organization. |
|
|
ARTICLE 5. FISCAL MATTERS |
|
|
CONCERNING EARLY HIGH SCHOOL GRADUATION |
|
|
SECTION 5.01. Subchapter K, Chapter 56, Education Code, is |
|
|
amended by adding Section 56.2012 to read as follows: |
|
|
Sec. 56.2012. EXPIRATION OF SUBCHAPTER; ELIGIBILITY |
|
|
CLOSED. (a) This subchapter expires September 1, 2017. |
|
|
(b) Notwithstanding Section 56.203, a person may not |
|
|
receive an award under this subchapter if the person graduates from |
|
|
high school on or after September 1, 2011. |
|
|
SECTION 5.02. Section 54.213(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) [Savings to the foundation school fund that occur as a
|
|
|
result of the Early High School Graduation Scholarship program
|
|
|
created in Subchapter K, Chapter 56, and that are not required for
|
|
|
the funding of state credits for tuition and mandatory fees under
|
|
|
Section 56.204 or school district credits under Section 56.2075
|
|
|
shall be used first to provide tuition exemptions under Section
|
|
|
54.212. Any of those savings remaining after providing tuition
|
|
|
exemptions under Section 54.212 shall be used to provide tuition
|
|
|
exemptions under Section 54.214.] The Texas Education Agency shall |
|
|
[also] accept and make available to provide tuition exemptions |
|
|
under Section 54.214 gifts, grants, and donations made to the |
|
|
agency for that purpose. The commissioner of education shall |
|
|
transfer those funds to the Texas Higher Education Coordinating |
|
|
Board to distribute to institutions of higher education that |
|
|
provide exemptions under that section. [Payment of funds under
|
|
|
this subsection shall be made in the manner provided by Section
|
|
|
56.207 for state credits under Subchapter K, Chapter 56.] |
|
|
SECTION 5.03. Section 56.210, Education Code, is repealed. |
|
|
ARTICLE 6. FISCAL MATTERS CONCERNING TUITION EXEMPTIONS |
|
|
SECTION 6.01. Section 54.214(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) To be eligible for an exemption under this section, a |
|
|
person must: |
|
|
(1) be a resident of this state; |
|
|
(2) be a school employee serving in any capacity; |
|
|
(3) for the initial term or semester for which the |
|
|
person receives an exemption under this section, have worked as an |
|
|
educational aide for at least one school year during the five years |
|
|
preceding that term or semester; |
|
|
(4) establish financial need as determined by |
|
|
coordinating board rule; |
|
|
(5) be enrolled at the institution of higher education |
|
|
granting the exemption in courses required for teacher |
|
|
certification in one or more subject areas determined by the Texas |
|
|
Education Agency to be experiencing a critical shortage of teachers |
|
|
at the public schools in this state [at the institution of higher
|
|
|
education granting the exemption]; |
|
|
(6) maintain an acceptable grade point average as |
|
|
determined by coordinating board rule; and |
|
|
(7) comply with any other requirements adopted by the |
|
|
coordinating board under this section. |
|
|
SECTION 6.02. The change in law made by this article applies |
|
|
beginning with tuition and fees charged for the 2011 fall semester. |
|
|
Tuition and fees charged for a term or semester before the 2011 fall |
|
|
semester are covered by the law in effect during the term or |
|
|
semester for which the tuition and fees are charged, and the former |
|
|
law is continued in effect for that purpose. |
|
|
ARTICLE 7. FISCAL MATTERS CONCERNING DUAL |
|
|
HIGH SCHOOL AND JUNIOR COLLEGE CREDIT |
|
|
SECTION 7.01. Section 130.008(c), Education Code, is |
|
|
amended to read as follows: |
|
|
(c) The contact hours attributable to the enrollment of a |
|
|
high school student in a course offered for joint high school and |
|
|
junior college credit under this section, excluding a course for |
|
|
which the student attending high school may receive course credit |
|
|
toward the physical education curriculum requirement under Section |
|
|
28.002(a)(2)(C), shall be included in the contact hours used to |
|
|
determine the junior college's proportionate share of the state |
|
|
money appropriated and distributed to public junior colleges under |
|
|
Sections 130.003 and 130.0031, even if the junior college waives |
|
|
all or part of the tuition or fees for the student under Subsection |
|
|
(b). |
|
|
SECTION 7.02. This article applies beginning with funding |
|
|
for the 2011 fall semester. |
|
|
ARTICLE 8. EFFECTIVE DATE |
|
|
SECTION 8.01. This Act takes effect September 1, 2011. |