84R20088 CAE-D
 
  By: VanDeaver, et al. H.B. No. 1474
 
  Substitute the following for H.B. No. 1474:
 
  By:  Aycock C.S.H.B. No. 1474
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the placement of money in the state instructional
  materials fund and payment of the instructional materials
  allotment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 31.0211(a) and (d), Education Code, are
  amended to read as follows:
         (a)  A school district is entitled to an [annual] allotment
  each biennium from the state instructional materials fund for each
  student enrolled in the district on a date during the last year of
  the preceding biennium [school year] specified by the
  commissioner.  The commissioner shall determine the amount of the
  allotment per student each biennium [year] on the basis of the
  amount of money available in the state instructional materials fund
  to fund the allotment.  An allotment under this section shall be
  transferred from the state instructional materials fund to the
  credit of the district's instructional materials account as
  provided by Section 31.0212.
         (d)  Each biennium [year] a school district shall use the
  district's allotment under this section to purchase, in the
  following order:
               (1)  instructional materials necessary to permit the
  district to certify that the district has instructional materials
  that cover all elements of the essential knowledge and skills of the
  required curriculum, other than physical education, for each grade
  level as required by Section 28.002; and
               (2)  any other instructional materials or
  technological equipment as determined by the district.
         SECTION 2.  Section 31.0212(a), Education Code, is amended
  to read as follows:
         (a)  The commissioner shall maintain an instructional
  materials account for each school district. In the first year of
  each biennium [Each school year], the commissioner shall deposit in
  the account for each district the amount of the district's
  instructional materials allotment under Section 31.0211.
         SECTION 3.  Sections 31.0215(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The commissioner shall, as early as practicable during
  each biennium [fiscal year], notify each school district and
  open-enrollment charter school of the estimated amount to which the
  district or charter school will be entitled under Section 31.0211
  during the next fiscal biennium [year].
         (b)  The commissioner may allow a school district or
  open-enrollment charter school to place an order for instructional
  materials before the beginning of a fiscal biennium [year] and to
  receive instructional materials before payment.  The commissioner
  shall limit the cost of an order placed under this section to 80
  percent of the estimated amount to which a school district or
  open-enrollment charter school is estimated to be entitled as
  provided by Subsection (a) and shall first credit any balance in a
  district or charter school instructional materials account to pay
  for an order placed under this section.
         SECTION 4.  Section 43.001(d), Education Code, is amended to
  read as follows:
         (d)  Each biennium [year] the State Board of Education shall
  set aside an amount equal to 50 percent of the [annual] distribution
  for that biennium [year] from the permanent school fund to the
  available school fund as provided by Section 5(a), Article VII,
  Texas Constitution, to be placed, subject to the General
  Appropriations Act, in the state instructional materials fund
  established under Section 31.021.
         SECTION 5.  Section 403.093(d), Government Code, is amended
  to read as follows:
         (d)  The comptroller shall transfer from the general revenue
  fund to the foundation school fund an amount of money necessary to
  fund the foundation school program as provided by Chapter 42,
  Education Code. The comptroller shall make the transfers in
  installments as necessary to comply with Section 42.259, Education
  Code, and permit the Texas Education Agency, to the extent
  authorized by the General Appropriations Act, to make temporary
  transfers from the foundation school fund for payment of the
  instructional materials allotment under Section 31.0211, Education
  Code. Unless an earlier date is necessary for purposes of temporary
  transfers for payment of the instructional materials allotment, an
  [An] installment must be made not earlier than two days before the
  date an installment to school districts is required by Section
  42.259, Education Code, and must not exceed the amount necessary
  for that payment and any temporary transfers for payment of the
  instructional materials allotment.
         SECTION 6.  This Act takes effect September 1, 2015.