Bill Amendment: TX HB100 | 2023-2024 | 88th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to public education and public school finance, including the rights, certification, and compensation of public school educators, contributions by a public school to the Teacher Retirement System of Texas, and an education savings account program for certain children.

Status: 2023-05-26 - Senate appoints conferees-reported [HB100 Detail]

Download: Texas-2023-HB100-House_Amendment_H_2_1-King_Ken.html

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Amend CSHB 100 (house committee report) as follows:

(1)  On page 2, line 2, strike "$500" and substitute "$600".

(2)  On page 18, lines 25 and 26, strike "(c-3) and (c-4)" and substitute "(c-3), (c-4), and (c-5)".

(3)  On page 20, strike lines 5 through 22 and substitute the following:

school year to increase the average total compensation per full-time district employee [provide compensation increases to full-time district employees] other than administrators as follows:

(1)  75 percent must be used to increase the average total compensation per full-time district employee employed as [paid to] classroom teachers, full-time librarians, full-time school counselors certified under Subchapter B, Chapter 21, and full-time school nurses[, prioritizing differentiated compensation for classroom teachers with more than five years of experience]; and

(2)  25 percent may be used as determined by the district to increase the average total compensation per [paid to] full-time district employee not described by Subdivision (1) [employees].

(c-3)  In calculating the average total compensation per full-time district employee under Subsection (c), a school district may not consider compensation paid to a district employee employed in a position described by that subsection added by the district for the current school year that increases the ratio of those employees to students enrolled in the district compared to the preceding school year.

(4)  On page 20, line 23, strike "(c-3)" and substitute "(c-4)".

(5)  On page 21, line 3, strike "(c-4)" and substitute "(c-5)".

(6)  On page 24, line 16, strike "of $1.28 per mile" and substitute "per mile equal to the sum of the rate per mile set under Subsection (c) and $0.13,".

(7)  On page 31, line 21, between "48.051," and "48.111", insert "48.101,".

(8)  On page 44, lines 18 through 20, strike the recital and substitute "Section 48.051(a), Education Code, is amended to read as follows:".

(9)  On page 44, line 22, between "in" and "special", insert "career and technology education programs or in".

(10)  On page 45, strike lines 14 through 19.

(11)  On page 45, line 23, strike "daily attendance" and substitute "enrollment [daily attendance]".

(12)  On page 49, line 2, strike "daily attendance" and substitute "enrollment [daily attendance]".

(13)  On page 54, strike "[full-time equivalent]" and substitute "full-time equivalent" in each of the following places:

(A)  line 2;

(B)  line 8;

(C)  line 11; and

(D)  line 14.

(14)  On page 58, strike lines 2 and 3 and renumber subsequent SECTIONS of the article accordingly.

(15)  Add the following appropriately numbered SECTIONS to Article 1 of the bill and renumber subsequent SECTIONS of the article accordingly:

SECTION 1.____.  Sections 48.011(a-1), (d), and (e), Education Code, are amended to read as follows:

(a-1)  The commissioner may modify dates relating to the adoption of a school district's maintenance and operations tax rate and, if applicable, an election required for the district to adopt that rate as necessary to implement the changes to the Foundation School Program and requirements relating to school district tax rates made by the 88th [HB3, 86th] Legislature, Regular Session, 2023 [2019].

(d)  Beginning with the 2026-2027 [2021-2022] school year, the commissioner may not make an adjustment under Subsection (a) or (a-1).

(e)  This section expires September 1, 2027 [2023].

SECTION 1.____.  Section 48.101, Education Code, is amended to read as follows:

Sec. 48.101.  SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a) Small and mid-sized districts are entitled to an annual allotment in accordance with this section.  In this section:

(1)  "AA" is the district's annual allotment per student in average daily attendance;

(2)  "ADA" is the number of students in average daily attendance for which the district is entitled to an allotment under Section 48.051, other than students enrolled in a full-time virtual program under Section 48.0071(c) as that section existed on January 1, 2023; and

(3)  "BA" is the basic allotment determined under Section 48.051.

(b)  A school district that has fewer than 1,600 students in average daily attendance is entitled to an annual allotment for each student in average daily attendance based on the following formula:

AA = ((1,600 - ADA) X .00056 [.0004]) X BA

(c)  A school district that offers a kindergarten through grade 12 program and has less than 5,000 students in average daily attendance is entitled to an annual allotment for each student in average daily attendance based on the formula, of the following formulas, that results in the greatest annual allotment:

(1)  the formula in Subsection (b), if the district is eligible for that formula; or

(2)  AA = ((5,000 - ADA) X .00004 [.000025]) X BA.

(d)  Instead of the allotment under Subsection (b) or (c)(1), a school district that has fewer than 300 students in average daily attendance and is the only school district located in and operating in a county is entitled to an annual allotment for each student in average daily attendance based on the following formula:

AA = ((1,600 - ADA) X .00066 [.00047]) X BA

(16)  Add the following appropriately numbered article to the bill:

ARTICLE ____. CHANGES EFFECTIVE FOR 2025-2026 SCHOOL YEAR

SECTION ____.01.  Section 48.051, Education Code, is amended by adding Subsection (a-1) to read as follows:

(a-1)  Notwithstanding Subsection (a), for the second year of each state fiscal biennium, the commissioner shall adjust the value of "B" under that subsection for the preceding state fiscal year by a factor equal to the average annual percentage increase, if any, in the Texas Consumer Price Index for the preceding 10 years. This subsection expires September 1, 2027.

SECTION ____.02.  This article takes effect September 1, 2025.