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A BILL TO BE ENTITLED
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AN ACT
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relating to the costs of expansion of open-enrollment charter |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48.266(f), Education Code, is amended to |
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read as follows: |
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(f) If the amount appropriated for the Foundation School |
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Program for the second year of a state fiscal biennium is less than |
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the amount to which school districts and open-enrollment charter |
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schools are entitled for that year, the commissioner shall certify |
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the amount of the difference to the Legislative Budget Board not |
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later than January 1 of the second year of the state fiscal |
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biennium. The Legislative Budget Board shall propose to the |
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legislature that the certified amount be transferred to the |
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foundation school fund from the economic stabilization fund and |
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appropriated for the purpose of increases in allocations under this |
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subsection. If the legislature fails during the regular session to |
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enact the proposed transfer and appropriation and there are not |
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funds available under Subsection (h), the commissioner may not |
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approve an expansion amendment for an open-enrollment charter |
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school or an application of a new charter holder for the biennium |
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before adjusting [shall adjust] the total amounts due to each |
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school district and open-enrollment charter school under this |
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chapter and the total amounts necessary for each school district to |
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comply with the requirements of Chapter 49 by an amount determined |
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by applying to each district and school the same percentage |
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adjustment to the total amount of state and local revenue due to the |
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district or school under this chapter and Chapter 49 so that the |
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total amount of the adjustment to all districts and schools results |
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in an amount equal to the total adjustment necessary. The following |
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fiscal year: |
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(1) a district's or school's entitlement under this |
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section is increased by an amount equal to the adjustment made |
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under this subsection; and |
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(2) the amount necessary for a district to comply with |
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the requirements of Chapter 49 is reduced by an amount necessary to |
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ensure a district's full recovery of the adjustment made under this |
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subsection. |
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SECTION 2. Section 48.269(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than October 1 of each even-numbered year: |
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(1) the agency shall submit to the legislature: |
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(A) an estimate of the tax rate and student |
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enrollment of each school district for the following biennium; and |
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(B) for each open-enrollment charter school, the |
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school's student enrollment and the school's maximum enrollment |
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capacity; and |
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(2) the comptroller shall submit to the legislature an |
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estimate of the total taxable value of all property in the state as |
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determined under Subchapter M, Chapter 403, Government Code, for |
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the following biennium. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |