85R5766 MK-D
 
  By: Watson S.B. No. 353
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of revenue received as a result of the purchase
  of attendance credits to supplement the basic allotment under the
  public school finance system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 41, Education Code, is
  amended by adding Section 41.0012 to read as follows:
         Sec. 41.0012.  EXCLUSION OF CERTAIN REVENUE.
  Notwithstanding Section 41.001(3), in making any determination
  necessary for purposes of this chapter, the commissioner shall
  exclude the portion of the basic allotment under Section 42.101
  that is funded using revenue available to the state as a result of
  attendance credits purchased under Subchapter D.
         SECTION 2.  Section 41.094(b), Education Code, is amended to
  read as follows:
         (b)  Receipts shall be deposited in the state treasury and
  may be used only to increase the basic allotment as provided by
  Section 42.101(b-1) [for foundation school program purposes].
         SECTION 3.  Section 42.101, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  The legislature shall determine the greatest initial
  amount that can be provided for the basic allotment under
  Subsection (b) without using revenue projected to be available to
  the state as a result of attendance credits purchased under
  Subchapter D, Chapter 41. The initial amount of the basic allotment
  may not be less than the initial amount of the basic allotment for
  the second year of the preceding state fiscal biennium.  After
  making the determination required by this subsection, the
  legislature shall use all revenue projected to be available to the
  state as a result of attendance credits purchased under Subchapter
  D, Chapter 41, to increase the initial amount determined under this
  subsection. The General Appropriations Act must specify the amount
  by which the initial amount of the basic allotment was increased
  using revenue projected to be available to the state as a result of
  attendance credits purchased under Subchapter D, Chapter 41.
         SECTION 4.  The initial amount of the basic allotment to
  which a school district is entitled for the 2018-2019 state fiscal
  biennium, as provided by Section 42.101, Education Code, as amended
  by this Act, may not be an amount that is less than the amount of the
  basic allotment to which the school district is entitled for the
  state fiscal year beginning September 1, 2016.
         SECTION 5.  This Act takes effect September 1, 2017.