Bill Text: TX SB22 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to public school finance and prekindergarten programs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-23 - Not again placed on intent calendar [SB22 Detail]

Download: Texas-2011-SB22-Comm_Sub.html

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By: Shapiro S.B. No. 22
(In the Senate - Filed March 11, 2011; March 14, 2011, read
first time and referred to Committee on Finance; April 26, 2011,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 11, Nays 4; April 26, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 22 By: Shapiro

A BILL TO BE ENTITLED
AN ACT
relating to public school finance and prekindergarten programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Effective September 1, 2011, Section 12.106,
Education Code, is amended by amending Subsection (a) and adding
Subsection (a-3) to read as follows:
(a) A charter holder is entitled to receive for the
open-enrollment charter school funding under Chapter 42 equal to
the greater of:
(1) the percentage specified by Section 42.2516(i)
multiplied by the amount of funding per student in weighted average
daily attendance, excluding enrichment funding under Sections
42.302(a-1)(2) and (3), as they existed on January 1, 2009, that
would have been received for the school during the 2009-2010 school
year under Chapter 42 as it existed on January 1, 2009, and an
additional amount of the percentage specified by Section 42.2516(i)
multiplied by $120 for each student in weighted average daily
attendance; or
(2) the amount of funding per student in weighted
average daily attendance, excluding enrichment funding under
Section 42.302(a), to which the charter holder would be entitled
for the school under Chapter 42 if the school were a school district
without a tier one local share for purposes of Section 42.253 and
without any local revenue for purposes of Section 42.2516.
(a-3) In determining funding for an open-enrollment charter
school under Subsection (a), the commissioner shall apply the
regular program adjustment factor provided under Section 42.101 to
calculate the regular program allotment to which a charter school
is entitled.
SECTION 2. Effective September 1, 2016, Subsection (a),
Section 12.106, Education Code, is amended to read as follows:
(a) A charter holder is entitled to receive for the
open-enrollment charter school funding under Chapter 42 equal to
[the greater of:
[(1) the amount of funding per student in weighted
average daily attendance, excluding enrichment funding under
Sections 42.302(a-1)(2) and (3), as they existed on January 1,
2009, that would have been received for the school during the
2009-2010 school year under Chapter 42 as it existed on January 1,
2009, and an additional amount of $120 for each student in weighted
average daily attendance; or
[(2)] the amount of funding per student in weighted
average daily attendance, excluding enrichment funding under
Section 42.302(a), to which the charter holder would be entitled
for the school under Chapter 42 if the school were a school district
without a tier one local share for purposes of Section 42.253 [and
without any local revenue for purposes of Section 42.2516].
SECTION 3. Section 21.402, Education Code, is amended by
amending Subsection (a) and adding Subsection (i) to read as
follows:
(a) Except as provided by Subsection (d)[, (e),] or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the following minimum monthly
salary, based on the employee's level of experience:
Years of Monthly
Experience Salary
0 2,732
1 2,791
2 2,849
3 2,908
4 3,032
5 3,156
6 3,280
7 3,395
8 3,504
9 3,607
10 3,704
11 3,796
12 3,884
13 3,965
14 4,043
15 4,116
16 4,186
17 4,251
18 4,313
19 4,372
20 & Over 4,427
[in addition to other factors, as determined by commissioner rule,
determined by the following formula:
[MS = SF x FS
where:
["MS" is the minimum monthly salary;
["SF" is the applicable salary factor specified by Subsection
(c); and
["FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student,
including funds provided under Section 42.2516, available to a
district eligible to receive state assistance under Section 42.302
with a maintenance and operations tax rate per $100 of taxable value
equal to the product of the state compression percentage, as
determined under Section 42.2516, multiplied by $1.50, except that
the amount of state and local funds per weighted student does not
include the amount attributable to the increase in the guaranteed
level made by Chapter 1187, Acts of the 77th Legislature, Regular
Session, 2001.]
(i) Not later than January 1, 2013, the commissioner shall
review the minimum salary schedule and submit to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the presiding officer of each legislative standing committee
with primary jurisdiction over primary and secondary education a
written report that recommends the method to be used to determine
the schedule. This subsection expires September 1, 2013.
SECTION 4. Section 29.1532, Education Code, is amended by
amending Subsection (a) and adding Subsections (d) and (e) to read
as follows:
(a) A school district's prekindergarten program shall be
designed to develop skills necessary for success in the regular
public school curriculum, including language, mathematics, [and]
social, and school readiness skills that are aligned with the Texas
Prekindergarten Guidelines approved by the commissioner.
(d) A school district's prekindergarten program must
demonstrate effectiveness in preparing children for kindergarten
according to a school readiness certification system established by
the commissioner. The commissioner may waive participation in the
certification system for a school district whose prekindergarten
program otherwise demonstrates effectiveness in preparing students
for kindergarten.
(e) The commissioner may adopt rules as necessary to
implement this section.
SECTION 5. Section 29.154, Education Code, is amended to
read as follows:
Sec. 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS.
(a) The commissioner [of education, in consultation with the
commissioner of human services,] shall:
(1) monitor and evaluate prekindergarten programs as
to their developmental appropriateness and the development of
school readiness, as aligned with the Texas Prekindergarten
Guidelines approved by the commissioner and a school readiness
certification system established by the commissioner;
(2) [. The commissioners shall also] evaluate the
potential for coordination on a statewide basis of prekindergarten
programs with government-funded early childhood care and education
programs such as child care administered under Chapter 44, Human
Resources Code, and federal Head Start programs; and
(3) [. That evaluation shall use recommendations
contained in the report to the 71st Legislature required by Chapter
717, Acts of the 70th Legislature, Regular Session, 1987. For the
purpose of providing cost-effective care for children during the
full workday with developmentally appropriate curriculum, the
commissioners shall investigate the use of existing child-care
program sites as prekindergarten sites. Following the evaluation
required by this section, the commissioners,] in cooperation with
school districts and other program administrators, [shall]
integrate programs, staff, and program sites for prekindergarten,
child-care, and federal Head Start programs to the greatest extent
possible.
(b) The commissioner or an entity acting under a contract
with the commissioner shall provide technical assistance to
implement proven school readiness components to a school district
operating a prekindergarten program under this subchapter that is
not certified by the commissioner following two consecutive review
cycles. The commissioner is not required to provide assistance to a
school district under this subsection if funding is not available.
(c) The commissioner may adopt rules as necessary to
implement this section.
SECTION 6. Subsection (a), Section 41.002, Education Code,
is amended to read as follows:
(a) A school district may not have a wealth per student that
exceeds:
(1) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student
available to a district with maintenance and operations tax revenue
per cent of tax effort equal to the maximum amount provided per cent
under Section 42.101(a) [42.101], for the district's maintenance
and operations tax effort equal to or less than the rate equal to
the product of the state compression percentage, as determined
under Section 42.2516, multiplied by the maintenance and operations
tax rate adopted by the district for the 2005 tax year;
(2) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student
available to the Austin Independent School District, as determined
by the commissioner in cooperation with the Legislative Budget
Board, for the first six cents by which the district's maintenance
and operations tax rate exceeds the rate equal to the product of the
state compression percentage, as determined under Section 42.2516,
multiplied by the maintenance and operations tax rate adopted by
the district for the 2005 tax year, subject to Section 41.093(b-1);
or
(3) $319,500, for the district's maintenance and
operations tax effort that exceeds the first six cents by which the
district's maintenance and operations tax effort exceeds the rate
equal to the product of the state compression percentage, as
determined under Section 42.2516, multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year.
SECTION 7. Section 42.003, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) A student to whom Subsection (a) does not apply is
entitled to the benefits of the Foundation School Program if the
student is enrolled in a prekindergarten class under Section 29.153
that participates in a school readiness certification system
established by the commissioner or that has received a waiver from
participation under Section 29.1532(d).
(b-1) For the 2011-2012 and 2012-2013 school years, the
commissioner may withhold an amount of the total funds appropriated
for allotments for students described by Subsection (b) to pay the
costs of school districts' participation in the school readiness
certification system. This subsection expires September 1, 2013.
SECTION 8. The heading to Section 42.101, Education Code,
is amended to read as follows:
Sec. 42.101. BASIC AND REGULAR PROGRAM ALLOTMENTS
[ALLOTMENT].
SECTION 9. Effective September 1, 2011, Section 42.101,
Education Code, is amended by amending Subsections (a) and (b) and
adding Subsections (c) and (c-1) to read as follows:
(a) The basic [For each student in average daily attendance,
not including the time students spend each day in special education
programs in an instructional arrangement other than mainstream or
career and technology education programs, for which an additional
allotment is made under Subchapter C, a district is entitled to an]
allotment is an amount equal to the lesser of $4,765 or the amount
that results from the following formula:
A = $4,765 X (DCR/MCR)
where:
"A" is the resulting amount for [allotment to which] a
district [is entitled];
"DCR" is the district's compressed tax rate, which is the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by the maintenance and operations tax
rate adopted by the district for the 2005 tax year; and
"MCR" is the state maximum compressed tax rate, which is the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by $1.50.
(b) A greater amount for any school year for the basic
allotment under Subsection (a) may be provided by appropriation.
(c) A school district is entitled to a regular program
allotment equal to the amount that results from the following
formula:
RPA = ADA X AA X RPAF
where:
"RPA" is the regular program allotment to which the district
is entitled;
"ADA" is the number of students in average daily attendance
in a district, not including the time students spend each day in
special education programs in an instructional arrangement other
than mainstream or career and technology education programs, for
which an additional allotment is made under Subchapter C;
"AA" is the district's adjusted basic allotment, as
determined under Section 42.102 and, if applicable, as further
adjusted under Section 42.103; and
"RPAF" is the regular program adjustment factor, which is
1.00 or a different amount established by appropriation.
(c-1) Notwithstanding Subsection (c), the regular program
adjustment factor ("RPAF") is 0.98 for the 2011-2012 and 2012-2013
school years. This subsection expires September 1, 2013.
SECTION 10. Effective September 1, 2015, Subsection (a),
Section 42.101, Education Code, is amended to read as follows:
(a) The basic [For each student in average daily attendance,
not including the time students spend each day in special education
programs in an instructional arrangement other than mainstream or
career and technology education programs, for which an additional
allotment is made under Subchapter C, a district is entitled to an]
allotment is an amount equal to the lesser of $4,900 [$4,765] or the
amount that results from the following formula:
A = $4,900 [$4,765] X (DCR/MCR)
where:
"A" is the resulting amount for [allotment to which] a
district [is entitled];
"DCR" is the district's compressed tax rate, which is the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by the maintenance and operations tax
rate adopted by the district for the 2005 tax year; and
"MCR" is the state maximum compressed tax rate, which is the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by $1.50.
SECTION 11. Effective September 1, 2016, Subsection (a),
Section 42.101, Education Code, is amended to read as follows:
(a) The basic [For each student in average daily attendance,
not including the time students spend each day in special education
programs in an instructional arrangement other than mainstream or
career and technology education programs, for which an additional
allotment is made under Subchapter C, a district is entitled to an]
allotment is an amount equal to the lesser of $5,000 [$4,765] or the
amount that results from the following formula:
A = $5,000 [$4,765] X (DCR/MCR)
where:
"A" is the resulting amount for [allotment to which] a
district [is entitled];
"DCR" is the district's compressed tax rate, which is the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by the maintenance and operations tax
rate adopted by the district for the 2005 tax year; and
"MCR" is the state maximum compressed tax rate, which is the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by $1.50.
SECTION 12. Section 42.105, Education Code, is amended to
read as follows:
Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding
Sections 42.101, 42.102, and 42.103, a school district that has
fewer than 130 students in average daily attendance shall be
provided a regular program [an adjusted basic] allotment on the
basis of 130 students in average daily attendance if it offers a
kindergarten through grade 12 program and has preceding or current
year's average daily attendance of at least 90 students or is 30
miles or more by bus route from the nearest high school district. A
district offering a kindergarten through grade 8 program whose
preceding or current year's average daily attendance was at least
50 students or which is 30 miles or more by bus route from the
nearest high school district shall be provided a regular program
[an adjusted basic] allotment on the basis of 75 students in average
daily attendance. An average daily attendance of 60 students shall
be the basis of providing the regular program [adjusted basic]
allotment if a district offers a kindergarten through grade 6
program and has preceding or current year's average daily
attendance of at least 40 students or is 30 miles or more by bus
route from the nearest high school district.
SECTION 13. Subsection (a), Section 42.251, Education Code,
is amended to read as follows:
(a) The sum of the regular program [basic] allotment under
Subchapter B and the special allotments under Subchapter C,
computed in accordance with this chapter, constitute the tier one
allotments. The sum of the tier one allotments and the guaranteed
yield allotments under Subchapter F, computed in accordance with
this chapter, constitute the total cost of the Foundation School
Program.
SECTION 14. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2514 to read as follows:
Sec. 42.2514. ADDITIONAL STATE AID FOR TAX INCREMENT
FINANCING PAYMENTS. For each school year, a school district,
including a school district that is otherwise ineligible for state
aid under this chapter, is entitled to state aid in an amount equal
to the amount the district is required to pay into the tax increment
fund for a reinvestment zone under Section 311.013(n), Tax Code.
SECTION 15. Effective September 1, 2011, Section 42.2516,
Education Code, is amended by amending Subsections (b), (d), and
(f-2) and adding Subsections (b-2) and (i) to read as follows:
(b) Notwithstanding any other provision of this title, a
school district that imposes a maintenance and operations tax at a
rate at least equal to the product of the state compression
percentage multiplied by the maintenance and operations tax rate
adopted by the district for the 2005 tax year is entitled to at
least the amount of state revenue necessary to provide the district
with the sum of:
(1) the percentage specified by Subsection (i) of the
amount, as calculated under Subsection (e), [the amount] of state
and local revenue per student in weighted average daily attendance
for maintenance and operations that the district would have
received during the 2009-2010 school year under Chapter 41 and this
chapter, as those chapters existed on January 1, 2009, at a
maintenance and operations tax rate equal to the product of the
state compression percentage for that year multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year;
(2) the percentage specified by Subsection (i) of an
amount equal to the product of $120 multiplied by the number of
students in weighted average daily attendance in the district; and
(3) [an amount equal to the amount the district is
required to pay into the tax increment fund for a reinvestment zone
under Section 311.013(n), Tax Code, in the current tax year; and
[(4)] any amount to which the district is entitled
under Section 42.106.
(b-2) If a school district adopts a maintenance and
operations tax rate that is below the rate equal to the product of
the state compression percentage multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year,
the commissioner shall reduce the district's entitlement under this
section in proportion to the amount by which the adopted rate is
less than the rate equal to the product of the state compression
percentage multiplied by the rate adopted by the district for the
2005 tax year.
(d) In determining the amount to which a district is
entitled under Subsection (b)(1), the commissioner shall:
(1) include the percentage specified by Subsection (i)
of any amounts received by the district during the 2008-2009 school
year under Rider 86, page III-23, Chapter 1428 (H.B. 1), Acts of the
80th Legislature, Regular Session, 2007 (the General
Appropriations Act); and
(2) for a school district that paid tuition under
Section 25.039 during the 2008-2009 school year, reduce the amount
to which the district is entitled by the amount of tuition paid
during that school year.
(f-2) The rules adopted by the commissioner under
Subsection (f-1) must:
(1) require the commissioner to determine, as if this
section did not exist, the effect under Chapter 41 and this chapter
of a school district's action described by Subsection (f-1)(1),
(2), (3), or (4) on the total state revenue to which the district
would be entitled or the cost to the district of purchasing
sufficient attendance credits to reduce the district's wealth per
student to the equalized wealth level; and
(2) require an increase or reduction in the amount of
state revenue to which a school district is entitled under
Subsection (b)(1) [(b)] that is substantially equivalent to any
change in total state revenue or the cost of purchasing attendance
credits that would apply to the district if this section did not
exist.
(i) The percentage to be applied for purposes of Subsections
(b)(1) and (2) and Subsection (d)(1) is 93.50 percent for the
2011-2012 school year and 92.35 percent for each subsequent school
year. A different percentage for any school year may be established
by appropriation.
SECTION 16. Effective September 1, 2016, the heading to
Section 42.2516, Education Code, is amended to read as follows:
Sec. 42.2516. STATE COMPRESSION PERCENTAGE [ADDITIONAL
STATE AID FOR TAX REDUCTION].
SECTION 17. Effective September 1, 2016, Subsection (a),
Section 42.2516, Education Code, is amended to read as follows:
(a) In this title [section], "state compression percentage"
means the percentage[, as determined by the commissioner,] of a
school district's adopted maintenance and operations tax rate for
the 2005 tax year that serves as the basis for state funding [for
tax rate reduction under this section]. If the state compression
percentage is not established by appropriation for a school year,
the [The] commissioner shall determine the state compression
percentage for each school year based on the percentage by which a
district is able to reduce the district's maintenance and
operations tax rate for that year, as compared to the district's
adopted maintenance and operations tax rate for the 2005 tax year,
as a result of state funds appropriated for [distribution under
this section for] that year from the property tax relief fund
established under Section 403.109, Government Code, or from another
funding source available for school district property tax relief.
SECTION 18. Effective September 1, 2011, Subsection (a),
Section 42.25161, Education Code, is amended to read as follows:
(a) The commissioner shall provide South Texas Independent
School District with the amount of state aid necessary to ensure
that the district receives an amount of state and local revenue per
student in weighted average daily attendance that is at least the
percentage specified by Section 42.2516(i) of $120 greater than the
amount the district would have received per student in weighted
average daily attendance during the 2009-2010 school year under
this chapter, as it existed on January 1, 2009, at a maintenance and
operations tax rate equal to the product of the state compression
percentage multiplied by the maintenance and operations tax rate
adopted by the district for the 2005 tax year, provided that the
district imposes a maintenance and operations tax at that rate.
SECTION 19. Effective September 1, 2011, Subsection (h),
Section 42.253, Education Code, is amended to read as follows:
(h) 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 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 (j), the commissioner
shall adjust [reduce] the total amounts due to each school district
under this chapter and the total amounts necessary for each school
district to comply with the requirements of Chapter 41 [amount of
state funds allocated to each district] by an amount determined by
applying to each district, including a district receiving funds
under Section 42.2516, the same percentage adjustment so that the
total amount of the adjustment to all districts [a method under
which the application of the same number of cents of increase in tax
rate in all districts applied to the taxable value of property of
each district, as determined under Subchapter M, Chapter 403,
Government Code,] results in an amount [a total levy] equal to the
total adjustment necessary [reduction]. The following fiscal year:
(1) [,] a district's entitlement under this section is
increased by an amount equal to the adjustment [reduction] made
under this subsection; and
(2) the amount necessary for a district to comply with
the requirements of Chapter 41 is reduced by an amount equal to the
adjustment made under this subsection.
SECTION 20. Effective September 1, 2016, Subsection (h),
Section 42.253, Education Code, is amended to read as follows:
(h) 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 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 (j), the commissioner
shall adjust [reduce] the total amounts due to each school district
under this chapter and the total amounts necessary for each school
district to comply with the requirements of Chapter 41 [amount of
state funds allocated to each district] by an amount determined by
applying to each district the same percentage adjustment so that
the total amount of the adjustment to all districts [a method under
which the application of the same number of cents of increase in tax
rate in all districts applied to the taxable value of property of
each district, as determined under Subchapter M, Chapter 403,
Government Code,] results in an amount [a total levy] equal to the
total adjustment necessary [reduction]. The following fiscal year:
(1) [,] a district's entitlement under this section is
increased by an amount equal to the adjustment [reduction] made
under this subsection; and
(2) the amount necessary for a district to comply with
the requirements of Chapter 41 is reduced by an amount equal to the
adjustment made under this subsection.
SECTION 21. Subsection (b), Section 42.260, Education Code,
is amended to read as follows:
(b) For each year, the commissioner shall certify to each
school district or participating charter school the amount of[:
[(1)] additional funds to which the district or school
is entitled due to the increase made by H.B. No. 3343, Acts of the
77th Legislature, Regular Session, 2001, to:
(1) [(A)] the equalized wealth level under Section
41.002; or
(2) [(B)] the guaranteed level of state and local
funds per weighted student per cent of tax effort under Section
42.302[; or
[(2) additional state aid to which the district or
school is entitled under Section 42.2513].
SECTION 22. Section 44.004, Education Code, is amended by
adding Subsection (g-1) to read as follows:
(g-1) If the rate calculated under Subsection
(c)(5)(A)(ii)(b) decreases after the publication of the notice
required by this section, the president is not required to publish
another notice or call another meeting to discuss and adopt the
budget and the proposed lower tax rate.
SECTION 23. Subsection (a), Section 26.05, Tax Code, is
amended to read as follows:
(a) The governing body of each taxing unit, before the later
of September 30 or the 60th day after the date the certified
appraisal roll is received by the taxing unit, shall adopt a tax
rate for the current tax year and shall notify the assessor for the
unit of the rate adopted. The tax rate consists of two components,
each of which must be approved separately. The components are:
(1) for a taxing unit other than a school district, the
rate that, if applied to the total taxable value, will impose the
total amount published under Section 26.04(e)(3)(C), less any
amount of additional sales and use tax revenue that will be used to
pay debt service, or, for a school district, the rate calculated
[published] under Section 44.004(c)(5)(A)(ii)(b), Education Code;
and
(2) the rate that, if applied to the total taxable
value, will impose the amount of taxes needed to fund maintenance
and operation expenditures of the unit for the next year.
SECTION 24. Effective September 1, 2016, Subsection (i),
Section 26.08, Tax Code, is amended to read as follows:
(i) For purposes of this section, the effective maintenance
and operations tax rate of a school district is the tax rate that,
applied to the current total value for the district, would impose
taxes in an amount that, when added to state funds that would be
distributed to the district under Chapter 42, Education Code, for
the school year beginning in the current tax year using that tax
rate, [including state funds that will be distributed to the
district in that school year under Section 42.2516, Education
Code,] would provide the same amount of state funds distributed
under Chapter 42, Education Code, [including state funds
distributed under Section 42.2516, Education Code,] and
maintenance and operations taxes of the district per student in
weighted average daily attendance for that school year that would
have been available to the district in the preceding year if the
funding elements for Chapters 41 and 42, Education Code, for the
current year had been in effect for the preceding year.
SECTION 25. Subsection (n), Section 311.013, Tax Code, is
amended to read as follows:
(n) This subsection applies only to a school district whose
taxable value computed under Section 403.302(d), Government Code,
is reduced in accordance with Subdivision (4) of that
subsection. In addition to the amount otherwise required to be
paid into the tax increment fund, the district shall pay into the
fund an amount equal to the amount by which the amount of taxes the
district would have been required to pay into the fund in the
current year if the district levied taxes at the rate the district
levied in 2005 exceeds the amount the district is otherwise
required to pay into the fund in the year of the reduction. This
additional amount may not exceed the amount the school district
receives in state aid for the current tax year under Section
42.2514, Education Code. The school district shall pay the
additional amount after the district receives the state aid to
which the district is entitled for the current tax year under
Section 42.2514, Education Code.
SECTION 26. Effective September 1, 2011, the following
provisions of the Education Code are repealed:
(1) Subsections (b), (c), (c-1), (c-2), (c-3), and
(e), Section 21.402;
(2) Section 42.008; and
(3) Subsections (a-1) and (a-2), Section 42.101.
SECTION 27. (a) Effective September 1, 2016, the following
provisions of the Education Code are repealed:
(1) Section 41.0041;
(2) Subsections (b), (b-1), (b-2), (c), (d), (e), (f),
(f-1), (f-2), (f-3), and (i), Section 42.2516;
(3) Section 42.25161;
(4) Subsection (c), Section 42.2523;
(5) Subsection (g), Section 42.2524;
(6) Subsection (c-1), Section 42.253; and
(7) Section 42.261.
(b) Effective September 1, 2016, Subsections (i-1) and (j),
Section 26.08, Tax Code, are repealed.
SECTION 28. Except as otherwise provided by this Act, the
changes in law made by this Act to Chapter 42, Education Code, apply
beginning with the 2011-2012 school year.
SECTION 29. The change in law made by Subsection (g-1),
Section 44.004, Education Code, as added by this Act, applies
beginning with adoption of a tax rate for the 2011 tax year.
SECTION 30. Except as otherwise provided by this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.
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