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  87R12430 MWC-F
 
  By: Howard H.B. No. 3805
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the costs of expansion of open-enrollment charter
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 48.266(f), Education Code, is amended to
  read as follows:
         (f)  If the amount appropriated for the Foundation School
  Program for the second year of a state fiscal biennium is less than
  the amount to which school districts and open-enrollment charter
  schools are entitled for that year, the commissioner shall certify
  the amount of the difference to the Legislative Budget Board not
  later than January 1 of the second year of the state fiscal
  biennium. The Legislative Budget Board shall propose to the
  legislature that the certified amount be transferred to the
  foundation school fund from the economic stabilization fund and
  appropriated for the purpose of increases in allocations under this
  subsection. If the legislature fails during the regular session to
  enact the proposed transfer and appropriation and there are not
  funds available under Subsection (h), the commissioner may not
  approve an expansion amendment for an open-enrollment charter
  school and may not approve the application of a new charter holder
  for the biennium before adjusting [shall adjust] the total amounts
  due to each school district and open-enrollment charter school
  under this chapter and the total amounts necessary for each school
  district to comply with the requirements of Chapter 49 by an amount
  determined by applying to each district and school the same
  percentage adjustment to the total amount of state and local
  revenue due to the district or school under this chapter and Chapter
  49 so that the total amount of the adjustment to all districts and
  schools results in an amount equal to the total adjustment
  necessary. The following fiscal year:
               (1)  a district's or school's entitlement under this
  section is increased by an amount equal to the adjustment made
  under this subsection; and
               (2)  the amount necessary for a district to comply with
  the requirements of Chapter 49 is reduced by an amount necessary to
  ensure a district's full recovery of the adjustment made under this
  subsection.
         SECTION 2.  Section 48.269(a), Education Code, is amended to
  read as follows:
         (a)  Not later than October 1 of each even-numbered year:
               (1)  the agency shall submit to the legislature:
                     (A)  an estimate of the tax rate and student
  enrollment of each school district for the following biennium; and
                     (B)  for each open-enrollment charter school, the
  school's student enrollment and the school's maximum enrollment
  capacity; and
               (2)  the comptroller shall submit to the legislature an
  estimate of the total taxable value of all property in the state as
  determined under Subchapter M, Chapter 403, Government Code, for
  the following biennium.
         SECTION 3.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 4.  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, 2021.