Bill Text: TX HB21 | 2017 | 85th Legislature 1st Special Session | Enrolled
Bill Title: Relating to public school finance, including funding for the recruitment and retention of teachers and the support of participants in the public school employees group insurance program.
Spectrum: Moderate Partisan Bill (Republican 36-11)
Status: (Passed) 2017-08-16 - See remarks for effective date [HB21 Detail]
Download: Texas-2017-HB21-Enrolled.html
| H.B. No. 21 | ||
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| relating to public school finance, including funding for the | ||
| recruitment and retention of teachers and the support of | ||
| participants in the public school employees group insurance | ||
| program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Effective September 1, 2018, Section 12.106, | ||
| Education Code, is amended by amending Subsection (a-1) and adding | ||
| Subsections (d), (e), (f), and (g) to read as follows: | ||
| (a-1) In determining funding for an open-enrollment charter | ||
| school under Subsection (a): | ||
| (1) [ |
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| 42.104, and 42.105 are based on the average adjustment for the | ||
| state; and | ||
| (2) the adjustment under Section 42.103 is based on | ||
| the average adjustment for the state that would have been provided | ||
| under that section as it existed on January 1, 2018. | ||
| (d) Subject to Subsection (e), in addition to other amounts | ||
| provided by this section, a charter holder is entitled to receive, | ||
| for the open-enrollment charter school, funding per student in | ||
| average daily attendance in an amount equal to the guaranteed level | ||
| of state and local funds per student per cent of tax effort under | ||
| Section 46.032(a) multiplied by the lesser of: | ||
| (1) the state average interest and sinking fund tax | ||
| rate imposed by school districts for the current year; or | ||
| (2) a rate that would result in a total amount to which | ||
| charter schools are entitled under this subsection for the current | ||
| year equal to $60 million. | ||
| (e) A charter holder is entitled to receive funding under | ||
| Subsection (d) only if the most recent overall performance rating | ||
| assigned to the open-enrollment charter school under Subchapter C, | ||
| Chapter 39, reflects at least acceptable performance. This | ||
| subsection does not apply to a charter holder that operates a school | ||
| program located at a day treatment facility, residential treatment | ||
| facility, psychiatric hospital, or medical hospital. | ||
| (f) Funds received by a charter holder under Subsection (d) | ||
| may only be used: | ||
| (1) to lease an instructional facility; | ||
| (2) to pay property taxes imposed on an instructional | ||
| facility; | ||
| (3) to pay debt service on bonds issued to finance an | ||
| instructional facility; or | ||
| (4) for any other purpose related to the purchase, | ||
| lease, sale, acquisition, or maintenance of an instructional | ||
| facility. | ||
| (g) In this section, "instructional facility" has the | ||
| meaning assigned by Section 46.001. | ||
| SECTION 2. Section 13.054(g), Education Code, as amended by | ||
| Chapter 425 (S.B. 1353), Acts of the 85th Legislature, Regular | ||
| Session, 2017, is amended to read as follows: | ||
| (g) In order to assist with the costs of facility | ||
| renovation, repair, and replacement, a district to which territory | ||
| is annexed under this section is entitled to additional state aid | ||
| for five years, beginning with the school year in which the | ||
| annexation occurs. The commissioner shall determine the amount of | ||
| additional state aid provided each year by dividing the amount of | ||
| debt service taxes received by the district during the tax year | ||
| preceding the tax year in which the annexation occurs by the number | ||
| of students enrolled in the district immediately preceding the date | ||
| of annexation, and multiplying that result by the number of | ||
| additional students enrolled in the district on September 1 after | ||
| the date of annexation. The commissioner shall provide additional | ||
| state aid under this subsection from funds appropriated for | ||
| purposes of the Foundation School Program [ |
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| subsection is final and may not be appealed. | ||
| SECTION 3. Subchapter A, Chapter 29, Education Code, is | ||
| amended by adding Sections 29.026 and 29.027 to read as follows: | ||
| Sec. 29.026. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS | ||
| WITH AUTISM. (a) The commissioner shall establish a program to | ||
| award grants to school districts and open-enrollment charter | ||
| schools that provide innovative services to students with autism. | ||
| (b) A school district, including a school district acting | ||
| through a district charter issued under Subchapter C, Chapter 12, | ||
| and an open-enrollment charter school, including a charter school | ||
| that primarily serves students with disabilities, as provided under | ||
| Section 12.1014, may apply for a grant under this section. | ||
| (c) A program is eligible for a grant under this section if: | ||
| (1) the program operates as an independent campus or a | ||
| separate program from the campus in which the program is located, | ||
| with a separate budget; | ||
| (2) the program incorporates: | ||
| (A) evidence-based and research-based design; | ||
| (B) the use of empirical data on student | ||
| achievement and improvement; | ||
| (C) parental support and collaboration; | ||
| (D) the use of technology; | ||
| (E) meaningful inclusion; and | ||
| (F) the ability to replicate the program for | ||
| students statewide; | ||
| (3) the program gives priority for enrollment to | ||
| students with autism; | ||
| (4) the program limits enrollment and services to | ||
| students who are: | ||
| (A) at least three years of age; and | ||
| (B) younger than nine years of age or are | ||
| enrolled in the third grade or a lower grade level; and | ||
| (5) the program allows a student who turns nine years | ||
| of age or older during a school year to remain in the program until | ||
| the end of that school year. | ||
| (d) A school district or open-enrollment charter school may | ||
| not: | ||
| (1) charge a fee for the program, other than those | ||
| authorized by law for students in public schools; | ||
| (2) require a parent to enroll a child in the program; | ||
| (3) allow an admission, review, and dismissal | ||
| committee to place a student in the program without the written | ||
| consent of the student's parent or guardian; or | ||
| (4) continue the placement of a student in the program | ||
| after the student's parent or guardian revokes consent, in writing, | ||
| to the student's placement in the program. | ||
| (e) A program under this section may: | ||
| (1) alter the length of the school day or school year | ||
| or the number of minutes of instruction received by students; | ||
| (2) coordinate services with private or | ||
| community-based providers; | ||
| (3) allow the enrollment of students without | ||
| disabilities or with other disabilities, if approved by the | ||
| commissioner; and | ||
| (4) adopt staff qualifications and staff to student | ||
| ratios that differ from the applicable requirements of this title. | ||
| (f) The commissioner shall adopt rules creating an | ||
| application and selection process for grants awarded under this | ||
| section. | ||
| (g) The commissioner shall create an external panel of | ||
| stakeholders, including parents of students with disabilities, to | ||
| provide assistance in the selection of applications for the award | ||
| of grants under this section. | ||
| (h) The commissioner shall award grants to fund not more | ||
| than 10 programs that meet the eligibility criteria under | ||
| Subsection (c). In selecting programs, the commissioner shall | ||
| prioritize programs that are collaborations between multiple | ||
| school districts, multiple charter schools, or school districts and | ||
| charter schools. The selected programs must reflect the diversity | ||
| of this state. | ||
| (i) The commissioner shall select programs and award grant | ||
| funds to those programs beginning in the 2018-2019 school year. The | ||
| selected programs are to be funded for two years. | ||
| (j) A grant awarded to a school district or open-enrollment | ||
| charter school under this section is in addition to the Foundation | ||
| School Program funds that the district or charter school is | ||
| otherwise entitled to receive. A grant awarded under this section | ||
| may not come out of Foundation School Program funds. | ||
| (k) The commissioner shall set aside an amount not to exceed | ||
| $20 million from the total amount of funds appropriated for the | ||
| 2018-2019 fiscal biennium to fund grants under this section. The | ||
| commissioner shall use $10 million for the purposes of this section | ||
| for each school year in the state fiscal biennium. A grant | ||
| recipient may not receive more than $1 million for the 2018-2019 | ||
| fiscal biennium. The commissioner shall reduce each district's and | ||
| charter school's allotment proportionally to account for funds | ||
| allocated under this section. | ||
| (l) The commissioner and any program selected under this | ||
| section may accept gifts, grants, and donations from any public or | ||
| private source, person, or group to implement and administer the | ||
| program. The commissioner and any program selected under this | ||
| section may not require any financial contribution from parents to | ||
| implement and administer the program. | ||
| (m) The commissioner may consider a student with autism who | ||
| is enrolled in a program funded under this section as funded in a | ||
| mainstream placement, regardless of the amount of time the student | ||
| receives services in a regular classroom setting. | ||
| (n) Not later than December 31, 2020, the commissioner shall | ||
| publish a report on the grant program established under this | ||
| section. The report must include: | ||
| (1) recommendations for statutory or funding changes | ||
| necessary to implement successful innovations in the education of | ||
| students with autism; and | ||
| (2) data on the academic and functional achievements | ||
| of students enrolled in a program that received a grant under this | ||
| section. | ||
| (o) This section expires September 1, 2021. | ||
| Sec. 29.027. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS | ||
| WITH DYSLEXIA. (a) The commissioner shall establish a program to | ||
| award grants to school districts and open-enrollment charter | ||
| schools that provide innovative services to students with dyslexia. | ||
| (b) A school district, including a school district acting | ||
| through a district charter issued under Subchapter C, Chapter 12, | ||
| and an open-enrollment charter school, including a charter school | ||
| that primarily serves students with disabilities, as provided under | ||
| Section 12.1014, may apply for a grant under this section. | ||
| (c) A program is eligible for a grant under this section if: | ||
| (1) the program operates as an independent campus or a | ||
| separate program from the campus in which the program is located, | ||
| with a separate budget; | ||
| (2) the program incorporates: | ||
| (A) evidence-based and research-based design; | ||
| (B) the use of empirical data on student | ||
| achievement and improvement; | ||
| (C) parental support and collaboration; | ||
| (D) the use of technology; | ||
| (E) meaningful inclusion; and | ||
| (F) the ability to replicate the program for | ||
| students statewide; | ||
| (3) the program gives priority for enrollment to | ||
| students with dyslexia; | ||
| (4) the program limits enrollment and services to | ||
| students who are: | ||
| (A) at least three years of age; and | ||
| (B) younger than nine years of age or are | ||
| enrolled in the third grade or a lower grade level; and | ||
| (5) the program allows a student who turns nine years | ||
| of age or older during a school year to remain in the program until | ||
| the end of that school year. | ||
| (d) A school district or open-enrollment charter school may | ||
| not: | ||
| (1) charge a fee for the program, other than those | ||
| authorized by law for students in public schools; | ||
| (2) require a parent to enroll a child in the program; | ||
| (3) allow an admission, review, and dismissal | ||
| committee to place a student in the program without the written | ||
| consent of the student's parent or guardian; or | ||
| (4) continue the placement of a student in the program | ||
| after the student's parent or guardian revokes consent, in writing, | ||
| to the student's placement in the program. | ||
| (e) A program under this section may: | ||
| (1) alter the length of the school day or school year | ||
| or the number of minutes of instruction received by students; | ||
| (2) coordinate services with private or | ||
| community-based providers; | ||
| (3) allow the enrollment of students without | ||
| disabilities or with other disabilities, if approved by the | ||
| commissioner; and | ||
| (4) adopt staff qualifications and staff to student | ||
| ratios that differ from the applicable requirements of this title. | ||
| (f) The commissioner shall adopt rules creating an | ||
| application and selection process for grants awarded under this | ||
| section. | ||
| (g) The commissioner shall create an external panel of | ||
| stakeholders, including parents of students with disabilities, to | ||
| provide assistance in the selection of applications for the award | ||
| of grants under this section. | ||
| (h) The commissioner shall award grants to fund not more | ||
| than 10 programs that meet the eligibility criteria under | ||
| Subsection (c). In selecting programs, the commissioner shall | ||
| prioritize programs that are collaborations between multiple | ||
| school districts, multiple charter schools, or school districts and | ||
| charter schools. The selected programs must reflect the diversity | ||
| of this state. | ||
| (i) The commissioner shall select programs and award grant | ||
| funds to those programs beginning in the 2018-2019 school year. The | ||
| selected programs are to be funded for two years. | ||
| (j) A grant awarded to a school district or open-enrollment | ||
| charter school under this section is in addition to the Foundation | ||
| School Program funds that the district or charter school is | ||
| otherwise entitled to receive. A grant awarded under this section | ||
| may not come out of Foundation School Program funds. | ||
| (k) The commissioner shall set aside an amount not to exceed | ||
| $20 million from the total amount of funds appropriated for the | ||
| 2018-2019 fiscal biennium to fund grants under this section. The | ||
| commissioner shall use $10 million for the purposes of this section | ||
| for each school year in the state fiscal biennium. A grant | ||
| recipient may not receive more than $1 million for the 2018-2019 | ||
| fiscal biennium. The commissioner shall reduce each district's and | ||
| charter school's allotment proportionally to account for funds | ||
| allocated under this section. | ||
| (l) The commissioner and any program selected under this | ||
| section may accept gifts, grants, and donations from any public or | ||
| private source, person, or group to implement and administer the | ||
| program. The commissioner and any program selected under this | ||
| section may not require any financial contribution from parents to | ||
| implement and administer the program. | ||
| (m) The commissioner may consider a student with dyslexia | ||
| who is enrolled in a program funded under this section as funded in | ||
| a mainstream placement, regardless of the amount of time the | ||
| student receives services in a regular classroom setting. | ||
| (n) Not later than December 31, 2020, the commissioner shall | ||
| publish a report on the grant program established under this | ||
| section. The report must include: | ||
| (1) recommendations for statutory or funding changes | ||
| necessary to implement successful innovations in the education of | ||
| students with dyslexia; and | ||
| (2) data on the academic and functional achievements | ||
| of students enrolled in a program that received a grant under this | ||
| section. | ||
| (o) This section expires September 1, 2021. | ||
| SECTION 4. Effective September 1, 2023, Sections 42.103(b) | ||
| and (d), Education Code, are amended to read as follows: | ||
| (b) The basic allotment of a school district that [ |
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| average daily attendance is adjusted by applying the formula: | ||
| AA = (1 + ((1,600 - ADA) X .0004)) X ABA | ||
| (d) The basic allotment of a school district that offers a | ||
| kindergarten through grade 12 program and has less than 5,000 | ||
| students in average daily attendance is adjusted by applying the | ||
| formula, of the following formulas, that results in the greatest | ||
| adjusted allotment: | ||
| (1) the formula in Subsection (b), if [ |
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| (2) AA = (1 + ((5,000 - ADA) X .000025)) X ABA. | ||
| SECTION 5. Effective September 1, 2018, Section 42.103(c), | ||
| Education Code, is amended to read as follows: | ||
| (c) The basic allotment of a school district that contains | ||
| less than 300 square miles and has not more than 1,600 students in | ||
| average daily attendance is adjusted by applying the following | ||
| formulas [ |
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| (1) for the fiscal year beginning September 1, 2018: | ||
| AA = (1 + ((1,600 - ADA) X .000275 [ |
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| ; | ||
| (2) for the fiscal year beginning September 1, 2019: | ||
| AA = (1 + ((1,600 - ADA) X .00030)) X ABA | ||
| ; | ||
| (3) for the fiscal year beginning September 1, 2020: | ||
| AA = (1 + ((1,600 - ADA) X .000325)) X ABA | ||
| ; | ||
| (4) for the fiscal year beginning September 1, 2021: | ||
| AA = (1 + ((1,600 - ADA) X .00035)) X ABA | ||
| ; and | ||
| (5) for the fiscal year beginning September 1, 2022: | ||
| AA = (1 + ((1,600 - ADA) X .000375)) X ABA | ||
| SECTION 6. Chapter 42, Education Code, is amended by adding | ||
| Subchapter H to read as follows: | ||
| SUBCHAPTER H. FINANCIAL HARDSHIP TRANSITION PROGRAM | ||
| Sec. 42.451. FINANCIAL HARDSHIP GRANTS. (a) From amounts | ||
| appropriated for this subchapter, the commissioner may administer a | ||
| grant program that provides grants to school districts to defray | ||
| financial hardships resulting from changes made to Chapter 41 and | ||
| this chapter that apply after the 2016-2017 school year. | ||
| (b) The commissioner shall award grants under this | ||
| subchapter to districts as provided by Section 42.452. | ||
| (c) Except as provided by Subsection (d), funding provided | ||
| to a district under this subchapter is in addition to all other | ||
| funding provided under Chapter 41 and this chapter. | ||
| (d) A district is not eligible for funding under this | ||
| subchapter for a school year if the district receives for that | ||
| school year an adjustment of the district's taxable value of | ||
| property under Section 42.2521. A district may decline an | ||
| adjustment under Section 42.2521 to maintain eligibility for | ||
| funding under this subchapter. | ||
| (e) The commissioner may obtain additional information as | ||
| needed from a district or other state or local agency to make | ||
| determinations in awarding grants under this subchapter. | ||
| Sec. 42.452. AWARD OF GRANTS; AMOUNT. (a) The | ||
| commissioner shall award grants to school districts based on the | ||
| following formula: | ||
| HG = (PL-CL) X (TR) X (TAHG/TEHG) | ||
| where: | ||
| "HG" is the amount of a district's hardship grant; | ||
| "PL" is the amount of funding under previous law to which a | ||
| district would be entitled under Chapter 41 and this chapter as | ||
| those chapters existed on January 1, 2017, determined using current | ||
| school year data for the district; | ||
| "CL" is the amount of current law funding under Chapter 41 and | ||
| this chapter to which a district is entitled; | ||
| "TR" is a district's maintenance and operations tax rate, as | ||
| specified by the comptroller's most recent certified report; | ||
| "TAHG" is the total funding available for grants under | ||
| Section 42.456 for a school year; and | ||
| "TEHG" is the sum of the combined amounts for all districts | ||
| calculated by applying the formula (PL-CL) X (TR) for each | ||
| district. | ||
| (b) A school district's hardship grant awarded under this | ||
| subchapter for a school year may not exceed the lesser of: | ||
| (1) the amount equal to 10 percent of the total amount | ||
| of funds available for grants under this subchapter for that school | ||
| year; or | ||
| (2) the amount by which "PL" exceeds "CL" for that | ||
| district for that school year. | ||
| (c) For purposes of calculating the formula under | ||
| Subsection (a), the commissioner shall: | ||
| (1) in determining the values of "PL" and "CL" for a | ||
| school district, exclude the amount of revenue received by the | ||
| district as a result of Section 13.054 or an administrative rule | ||
| related to that section; | ||
| (2) if the value of (PL-CL) for a school district | ||
| results in a negative number, use zero for the value of (PL-CL); | ||
| (3) if a school district's maintenance and operations | ||
| tax rate ("TR") is greater than $1, use $1 for the value of "TR"; | ||
| (4) use a maintenance and operations tax rate ("TR") | ||
| of $1 for each open-enrollment charter school, each special-purpose | ||
| school district established under Subchapter H, Chapter 11, and the | ||
| South Texas Independent School District; and | ||
| (5) if (TAHG/TEHG) equals a value greater than one, | ||
| use a value of one for (TAHG/TEHG). | ||
| (d) If funds remain available under this subchapter for a | ||
| school year after determining initial grant amounts under | ||
| Subsection (a), as adjusted to reflect the limits imposed by | ||
| Subsection (b), the commissioner shall reapply the formula as | ||
| necessary to award all available funds. | ||
| (e) If the commissioner reapplies the formula in accordance | ||
| with Subsection (d), a school district that was ineligible under | ||
| Section 42.455 for a grant during the initial application of the | ||
| formula for that school year is eligible to receive a grant as a | ||
| result of the formula reapplication. | ||
| Sec. 42.453. ELIGIBILITY OF OPEN-ENROLLMENT CHARTER | ||
| SCHOOL. An open-enrollment charter school is eligible for a grant | ||
| under this subchapter in the same manner as a school district. | ||
| Sec. 42.454. REGIONAL EDUCATION SERVICE CENTERS AND COUNTY | ||
| DEPARTMENTS OF EDUCATION NOT ELIGIBLE. A regional education | ||
| service center or a county department of education is not eligible | ||
| for a grant under this subchapter. | ||
| Sec. 42.455. CERTAIN SCHOOL DISTRICTS NOT ELIGIBLE. Except | ||
| as provided by Section 42.452(e), a school district is not eligible | ||
| for a grant under this subchapter if for the 2015-2016 school year | ||
| the district's expenditures per student in weighted average daily | ||
| attendance, excluding bond debt service payments, capital outlays, | ||
| and facilities acquisition and construction costs, exceeded an | ||
| amount that is equal to 120 percent of the state average amount for | ||
| that school year of expenditures per student in weighted average | ||
| daily attendance, excluding bond debt service payments, capital | ||
| outlays, and facilities acquisition and construction costs, as | ||
| those amounts are determined by the commissioner. | ||
| Sec. 42.456. FUNDING LIMIT. The amount of grants awarded by | ||
| the commissioner under this subchapter may not exceed $100 million | ||
| for the 2017-2018 school year or $50 million for the 2018-2019 | ||
| school year. | ||
| Sec. 42.457. NO ADJUSTMENT BASED ON REVISED DATA. The | ||
| commissioner may not adjust the amount of a school district's grant | ||
| under this subchapter based on revisions to the district's data | ||
| received after a grant has been awarded. | ||
| Sec. 42.458. RULES. The commissioner may adopt rules as | ||
| necessary to administer this subchapter. | ||
| Sec. 42.459. DETERMINATION FINAL. A determination by the | ||
| commissioner under this subchapter is final and may not be | ||
| appealed. | ||
| Sec. 42.460. EXPIRATION. This subchapter expires September | ||
| 1, 2019. | ||
| SECTION 7. Chapter 42, Education Code, is amended by adding | ||
| Subchapter L to read as follows: | ||
| SUBCHAPTER L. TEXAS COMMISSION ON PUBLIC SCHOOL FINANCE | ||
| Sec. 42.601. DEFINITION. In this subchapter, "commission" | ||
| means the Texas Commission on Public School Finance. | ||
| Sec. 42.602. TEXAS COMMISSION ON PUBLIC SCHOOL FINANCE. | ||
| (a) The Texas Commission on Public School Finance is established | ||
| to develop and make recommendations for improvements to the current | ||
| public school finance system or for new methods of financing public | ||
| schools. | ||
| (b) The commission is composed of 13 members, consisting of | ||
| the following: | ||
| (1) four members appointed by the governor; | ||
| (2) four members appointed by the lieutenant governor; | ||
| (3) four members appointed by the speaker of the house | ||
| of representatives; and | ||
| (4) a member of the State Board of Education, as | ||
| designated by the chair of that board. | ||
| (c) The members appointed by the governor must have an | ||
| interest in public education and include at least: | ||
| (1) one person who is a current or retired classroom | ||
| teacher with at least 10 years of teaching experience; | ||
| (2) one person who is a member of the business | ||
| community; and | ||
| (3) one person who is a member of the civic community. | ||
| (d) The appointments made by the lieutenant governor and the | ||
| speaker of the house of representatives must each consist of: | ||
| (1) three members of the applicable legislative | ||
| chamber; and | ||
| (2) an administrator in the public school system or an | ||
| elected member of the board of trustees of a school district. | ||
| (e) In making appointments under Subsections (b)(1), (2), | ||
| and (3), the governor, lieutenant governor, and speaker of the | ||
| house of representatives shall coordinate to ensure that the | ||
| membership of the commission reflects, to the extent possible, the | ||
| ethnic and geographic diversity of this state. | ||
| Sec. 42.603. PRESIDING OFFICER. The governor shall | ||
| designate the presiding officer of the commission. | ||
| Sec. 42.604. COMPENSATION AND REIMBURSEMENT. A member of | ||
| the commission is not entitled to compensation for service on the | ||
| commission but is entitled to reimbursement for actual and | ||
| necessary expenses incurred in performing commission duties. | ||
| Sec. 42.605. ADMINISTRATIVE SUPPORT AND FUNDING. | ||
| (a) Staff members of the agency shall provide administrative | ||
| support for the commission. | ||
| (b) Funding for the administrative and operational expenses | ||
| of the commission shall be provided by appropriation to the agency | ||
| for that purpose. | ||
| Sec. 42.606. RECOMMENDATIONS. (a) The commission shall | ||
| develop recommendations under this subchapter to address issues | ||
| related to the public school finance system, including: | ||
| (1) the purpose of the public school finance system | ||
| and the relationship between state and local funding in that | ||
| system; | ||
| (2) the appropriate levels of local maintenance and | ||
| operations and interest and sinking fund tax effort necessary to | ||
| implement a public school finance system that complies with the | ||
| requirements under the Texas Constitution; and | ||
| (3) policy changes to the public school finance system | ||
| necessary to adjust for student demographics and the geographic | ||
| diversity in the state. | ||
| (b) The commission may establish one or more working groups | ||
| composed of not more than five members of the commission to study, | ||
| discuss, and address specific policy issues and recommendations to | ||
| refer to the commission for consideration. | ||
| Sec. 42.607. REPORT. Not later than December 31, 2018, the | ||
| commission shall prepare and deliver a report to the governor and | ||
| the legislature that recommends statutory changes to improve the | ||
| public school finance system, including any adjustments to funding | ||
| to account for student demographics. | ||
| Sec. 42.608. PUBLIC MEETINGS AND PUBLIC INFORMATION. | ||
| (a) The commission may hold public meetings as needed to fulfill | ||
| its duties under this subchapter. | ||
| (b) The commission is subject to Chapters 551 and 552, | ||
| Government Code. | ||
| Sec. 42.609. COMMISSION ABOLISHED; EXPIRATION OF | ||
| SUBCHAPTER. (a) The commission is abolished January 8, 2019. | ||
| (b) This subchapter expires January 8, 2019. | ||
| SECTION 8. Effective September 1, 2018, Section 46.032(a), | ||
| Education Code, is amended to read as follows: | ||
| (a) Each school district is guaranteed a specified amount | ||
| per student in state and local funds for each cent of tax effort to | ||
| pay the principal of and interest on eligible bonds. The amount of | ||
| state support, subject only to the maximum amount under Section | ||
| 46.034, is determined by the formula: | ||
| EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100)) | ||
| where: | ||
| "EDA" is the amount of state funds to be allocated to the | ||
| district for assistance with existing debt; | ||
| "EDGL" is the dollar amount guaranteed level of state and | ||
| local funds per student per cent of tax effort, which is the lesser | ||
| of: | ||
| (1) $40 [ |
||
| by appropriation; or | ||
| (2) the amount that would result in a total additional | ||
| amount of state funds under this subchapter for the current year | ||
| equal to $60 million in excess of the state funds to which school | ||
| districts would have been entitled under this section if the | ||
| guaranteed level amount were $35; | ||
| "ADA" is the number of students in average daily attendance, | ||
| as determined under Section 42.005, in the district; | ||
| "EDTR" is the existing debt tax rate of the district, which is | ||
| determined by dividing the amount budgeted by the district for | ||
| payment of eligible bonds by the quotient of the district's taxable | ||
| value of property as determined under Subchapter M, Chapter 403, | ||
| Government Code, or, if applicable, under Section 42.2521, divided | ||
| by 100; and | ||
| "DPV" is the district's taxable value of property as | ||
| determined under Subchapter M, Chapter 403, Government Code, or, if | ||
| applicable, under Section 42.2521. | ||
| SECTION 9. (a) The amount of $311,000,000 of the | ||
| unencumbered appropriations from the general revenue fund for the | ||
| state fiscal biennium ending August 31, 2019, made by S.B. 1, Acts | ||
| of the 85th Legislature, Regular Session, 2017 (the General | ||
| Appropriations Act), to the Health and Human Services Commission is | ||
| transferred to the Texas Education Agency to be used by the agency | ||
| during that state fiscal biennium as follows: | ||
| (1) $150,000,000 is allocated to fund financial | ||
| hardship grants under Subchapter H, Chapter 42, Education Code, as | ||
| added by this Act; | ||
| (2) $60,000,000 is allocated to fund payments to | ||
| open-enrollment charter schools under Section 12.106(d), Education | ||
| Code, as added by this Act; | ||
| (3) $60,000,000 is allocated for the existing debt | ||
| allotment under Section 46.032, Education Code, as amended by this | ||
| Act; and | ||
| (4) $41,000,000 is allocated for the small-sized | ||
| district adjustment under Section 42.103, Education Code, as | ||
| amended by this Act. | ||
| (b) The Health and Human Services Commission shall identify | ||
| the strategies and objectives out of which the transfer under | ||
| Subsection (a) of this section is to be made. If the commission | ||
| makes the amount of appropriations transferred under Subsection (a) | ||
| of this section available by delaying until the state fiscal | ||
| biennium beginning September 1, 2019, the monthly capitation | ||
| payments otherwise due in August 2019 to managed care organizations | ||
| that contract with the commission to provide health care services | ||
| to Medicaid recipients, the commission shall make the delayed | ||
| payments as soon as possible out of available money appropriated to | ||
| the commission for that state fiscal biennium. | ||
| (c) Notwithstanding the sum-certain appropriations | ||
| specified in Rider 3, Chapter 605 (S.B. 1), Acts of the 85th | ||
| Legislature, Regular Session, 2017 (the General Appropriations | ||
| Act), to the bill pattern of the appropriations to the Texas | ||
| Education Agency, the Legislative Budget Board shall determine the | ||
| sum-certain appropriation to the Foundation School Program for each | ||
| year of the state fiscal biennium beginning September 1, 2017, | ||
| based on the amount specified in that rider, the other provisions of | ||
| the General Appropriations Act, and other law, including the | ||
| provisions of this Act. | ||
| SECTION 10. (a) The amount of $212,000,000 of the | ||
| unencumbered appropriations from the general revenue fund for the | ||
| state fiscal biennium ending August 31, 2019, made by S.B. 1, Acts | ||
| of the 85th Legislature, Regular Session, 2017 (the General | ||
| Appropriations Act), to the Health and Human Services Commission is | ||
| transferred to the Teacher Retirement System of Texas and may be | ||
| used by the retirement system during that state fiscal biennium to | ||
| increase school districts' recruitment and retention of school | ||
| teachers and provide support to participants in the Texas Public | ||
| School Employees Group Insurance Program authorized by Chapter | ||
| 1575, Insurance Code. The Health and Human Services Commission | ||
| shall identify the strategies and objectives out of which the | ||
| transfer is to be made. | ||
| (b) The Teacher Retirement System of Texas may use the money | ||
| transferred under Subsection (a) of this section to: | ||
| (1) decrease the premiums and deductibles that would | ||
| otherwise be paid during the 2018 and 2019 plan years by | ||
| participants in the Texas Public School Employees Group Insurance | ||
| Program authorized by Chapter 1575, Insurance Code; and | ||
| (2) reduce costs for an enrolled adult child with a | ||
| mental disability or a physical incapacity during the 2018 and 2019 | ||
| plan years. | ||
| (c) The Teacher Retirement System of Texas shall determine | ||
| the most efficient allocation of the money transferred under | ||
| Subsection (a) of this section to achieve the maximum benefit for | ||
| participants in the program. | ||
| SECTION 11. | ||
| Section 5, Chapter 425 (S.B. 1353), Acts of the | ||
| 85th Legislature, Regular Session, 2017, is repealed. | ||
| SECTION 12. Effective September 1, 2023, Section 42.103(c), | ||
| Education Code, is repealed. | ||
| SECTION 13. Not later than the 30th day after the effective | ||
| date of the section of this Act adding Subchapter L, Chapter 42, | ||
| Education Code, the appropriate persons shall make the appointments | ||
| and designations required by Section 42.602, Education Code, as | ||
| added by this Act. | ||
| SECTION 14. Except as otherwise provided by this Act: | ||
| (1) this Act takes effect September 1, 2017, if this | ||
| Act receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution; | ||
| and | ||
| (2) if this Act does not receive the vote necessary for | ||
| effect on that date, this Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 21 was passed by the House on August | ||
| 7, 2017, by the following vote: Yeas 130, Nays 13, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 21 on August 15, 2017, by the following vote: Yeas 94, Nays 46, | ||
| 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 21 was passed by the Senate, with | ||
| amendments, on August 15, 2017, by the following vote: Yeas 25, | ||
| Nays 6. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
