By: Perez of El Paso H.B. No. 749
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to student weights and the allocation of reductions in
  funding under the public junior college state finance program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 130A.005(d), Education Code, is amended
  to read as follows:
         (d)  The coordinating board may use the emergency rulemaking
  procedures established under Section 2001.034, Government Code, to
  adopt rules necessary to align the funding formulas under this
  chapter with appropriations or other legislative action, subject to
  Sections 130A.054(f) and (g) and 130A.101(d), (e), (f), and (g).
  The coordinating board is not required to make the finding
  described by Section 2001.034(a), Government Code, to adopt rules
  under this subsection.
         SECTION 2.  Section 130A.054, Education Code, is amended by
  adding Subsections (f) and (g) to read as follows:
         (f)  The coordinating board shall establish each student
  weight under Subsection (b) at a value not less than the value in
  effect for that category of students under that subsection on
  January 1, 2026. The coordinating board shall adopt rules
  reinstating those values not later than the 90th day after the
  effective date of this subsection.
         (g)  The coordinating board may not establish, reduce, or
  apply a student weight under Subsection (b) in a manner
  inconsistent with Subsection (f), including for the purpose of
  aligning the funding formulas under this chapter with
  appropriations.
         SECTION 3.  Section 130A.101, Education Code, is amended by
  adding Subsections (d), (e), (f), and (g) to read as follows:
         (d)  If the amount appropriated for performance tier funding
  for a state fiscal biennium is less than the total amount to which
  junior college districts are entitled under this section, the
  coordinating board shall:
               (1)  determine the amount to which each junior college
  district is entitled under this section, applying the student
  weights required by Section 130A.054; and
               (2)  reduce the amount to which each junior college
  district is entitled by the same percentage, so that each district
  receives the same proportion of the amount determined for that
  district under Subdivision (1).
         (e)  In reducing funding under Subsection (d), the
  coordinating board may not:
               (1)  reduce, disregard, or decline to apply a student
  weight established under Section 130A.054;
               (2)  reduce the amount determined for a measurable
  outcome described by Subsection (c) by a percentage different from
  the percentage applied to any other measurable outcome; or
               (3)  use a method of reduction under which a junior
  college district receives a reduction that is greater, as a
  percentage of the amount determined for the district under
  Subsection (d)(1), because of the number or proportion of students
  enrolled at or achieving an outcome at the district who are
  described by Section 130A.054(b).
         (f)  Before adopting a rule under Subsection (d), the
  coordinating board shall publish on the coordinating board's
  Internet website and deliver to the governor, the Legislative
  Budget Board, the lieutenant governor, the speaker of the house of
  representatives, and the standing committees of each house of the
  legislature with primary jurisdiction over higher education:
               (1)  the amount determined for each junior college
  district under Subsection (d)(1);
               (2)  the total amount appropriated for performance tier
  funding for the state fiscal biennium and the amount of the
  difference between that amount and the total of the amounts
  determined under Subsection (d)(1);
               (3)  the percentage by which each district's amount is
  reduced under Subsection (d)(2); and
               (4)  the amount each district is to receive after the
  reduction.
         (g)  If money is appropriated for performance tier funding
  for a state fiscal biennium in addition to the amount on which a
  reduction under Subsection (d) was based, the coordinating board
  shall distribute that money to the junior college districts whose
  funding was reduced, in proportion to the amount of the reduction
  applied to each district, until each district has received the
  amount determined for the district under Subsection (d)(1).
         SECTION 4.  The changes in law made by this Act apply
  beginning with funding under Chapter 130A, Education Code, for the
  state fiscal biennium beginning September 1, 2027.
         SECTION 5.  This Act takes effect September 1, 2027.