Bill Text: TX HB1525 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the public school finance system and public education.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - See remarks for effective date [HB1525 Detail]
Download: Texas-2021-HB1525-Engrossed.html
Bill Title: Relating to the public school finance system and public education.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - See remarks for effective date [HB1525 Detail]
Download: Texas-2021-HB1525-Engrossed.html
By: Huberty, VanDeaver, King of Hemphill, | H.B. No. 1525 | |
Dutton, González of El Paso, et al. |
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relating to the public school finance system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.106, Education Code, is amended by | ||
adding Subsections (a-5) and (a-6) to read as follows: | ||
(a-5) To ensure compliance with the requirements for the | ||
maintenance of state financial support for special education under | ||
20 U.S.C. Section 1412(a)(18), in determining the funding for an | ||
open-enrollment charter school under Subsection (a) for the Section | ||
48.102 allotment, the commissioner shall: | ||
(1) if necessary, increase the amount of that | ||
allotment to an amount equal to the amount the charter holder was | ||
entitled to receive for the charter school under the allotment | ||
under former Section 42.151, Education Code, for the 2018-2019 | ||
school year; and | ||
(2) reduce the amount of the allotment the charter | ||
holder is entitled to receive for the charter school under | ||
Subsection (a-2) by the amount of any increase provided for the | ||
charter school under Subdivision (1). | ||
(a-6) Subsection (a-5) and this subsection expire September | ||
1, 2025. | ||
SECTION 2. Sections 12.133(b), (b-1), and (c), Education | ||
Code, are amended to read as follows: | ||
(b) Each school year, [ |
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holder that participated in the program under Chapter 1579, | ||
Insurance Code, for the 2005-2006 school year shall provide | ||
employees of the charter holder, other than administrators, | ||
compensation in the form of annual salaries, incentives, or other | ||
compensation determined appropriate by the charter holder that | ||
results in an average compensation increase for classroom teachers, | ||
full-time librarians, full-time school counselors, and full-time | ||
school nurses who are employed by the charter holder and who would | ||
be entitled to a minimum salary under Section 21.402 if employed by | ||
a school district, in an amount at least equal to $2,500. | ||
(b-1) A [ |
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participated in the program under Chapter 1579, Insurance Code, for | ||
the 2005-2006 school year shall provide employees of the charter | ||
holder, other than administrators, compensation in the form of | ||
annual salaries, incentives, or other compensation determined | ||
appropriate by the charter holder that results in average | ||
compensation increases as follows: | ||
(1) for full-time employees other than employees who | ||
would be entitled to a minimum salary under Section 21.402 if | ||
employed by a school district, an average increase at least equal to | ||
$500; and | ||
(2) for part-time employees, an average increase at | ||
least equal to $250. | ||
(c) Each school year, [ |
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holder that did not participate in the program under Chapter 1579, | ||
Insurance Code, for the 2005-2006 school year shall provide | ||
employees of the charter holder, other than administrators, | ||
compensation in the form of annual salaries, incentives, or other | ||
compensation determined appropriate by the charter holder that | ||
results in an average compensation increase for classroom teachers, | ||
full-time librarians, full-time school counselors, and full-time | ||
school nurses who are employed by the charter holder and who would | ||
be entitled to a minimum salary under Section 21.402 if employed by | ||
a school district, in an amount at least equal to $2,000. | ||
SECTION 3. Section 21.3521(a), Education Code, is amended | ||
to read as follows: | ||
(a) Subject to Subsection (b), a school district or | ||
open-enrollment charter school may designate a [ |
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classroom teacher as a master, exemplary, or recognized teacher for | ||
a five-year period based on the results from single year or | ||
multiyear appraisals that comply with Section 21.351 or 21.352. | ||
SECTION 4. Section 28.0062(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district and open-enrollment charter school | ||
shall: | ||
(1) provide for the use of a phonics curriculum that | ||
uses systematic direct instruction in kindergarten through third | ||
grade to ensure all students obtain necessary early literacy | ||
skills; | ||
(2) ensure that: | ||
(A) not later than the 2023-2024 [ |
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school year, each classroom teacher in kindergarten or first, | ||
second, or third grade and each principal at a campus with | ||
kindergarten or first, second, or third grade has attended a | ||
teacher literacy achievement academy developed under Section | ||
21.4552; and | ||
(B) each classroom teacher and each principal | ||
initially employed in a grade level or at a campus described by | ||
Paragraph (A) for the 2023-2024 [ |
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subsequent school year has attended a teacher literacy achievement | ||
academy developed under Section 21.4552 by the end of [ |
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teacher's or principal's first year of placement in that grade level | ||
or campus; and | ||
(3) certify to the agency that the district or school: | ||
(A) prioritizes placement of highly effective | ||
teachers in kindergarten through second grade; and | ||
(B) has integrated reading instruments used to | ||
diagnose reading development and comprehension to support each | ||
student in prekindergarten through third grade. | ||
SECTION 5. Section 29.153, Education Code, is amended by | ||
amending Subsection (d-1) and adding Subsection (d-2) to read as | ||
follows: | ||
(d-1) A district may not receive an exemption under | ||
Subsection (d) unless the district has: | ||
(1) solicited [ |
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proposals for partnerships in accordance with guidance regarding | ||
soliciting partnerships provided by the agency; and | ||
(2) considered submitted proposals at a public meeting | ||
with public or private entities regarding prekindergarten classes | ||
required under this section [ |
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(d-2) A decision of the board of trustees regarding a | ||
partnership described by Subsection (d-1) [ |
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final. | ||
SECTION 6. Section 31.0211(c), Education Code, is amended | ||
to read as follows: | ||
(c) Subject to Subsection (d), funds allotted under this | ||
section may be used to: | ||
(1) purchase: | ||
(A) materials on the list adopted by the | ||
commissioner, as provided by Section 31.0231; | ||
(B) instructional materials, regardless of | ||
whether the instructional materials are on the list adopted under | ||
Section 31.024; | ||
(C) consumable instructional materials, | ||
including workbooks; | ||
(D) instructional materials for use in bilingual | ||
education classes, as provided by Section 31.029; | ||
(E) instructional materials for use in college | ||
preparatory courses under Section 28.014, as provided by Section | ||
31.031; | ||
(F) supplemental instructional materials, as | ||
provided by Section 31.035; | ||
(G) state-developed open education resource | ||
instructional materials, as provided by Subchapter B-1; | ||
(H) instructional materials and technological | ||
equipment under any continuing contracts of the district in effect | ||
on September 1, 2011; | ||
(I) technological equipment necessary to support | ||
the use of materials included on the list adopted by the | ||
commissioner under Section 31.0231 or any instructional materials | ||
purchased with an allotment under this section; and | ||
(J) inventory software or systems for storing, | ||
managing, and accessing instructional materials and analyzing the | ||
usage and effectiveness of the instructional materials; and | ||
(2) pay: | ||
(A) for training educational personnel directly | ||
involved in student learning in the appropriate use of | ||
instructional materials and for providing for access to | ||
technological equipment for instructional use; [ |
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(B) the salary and other expenses of an employee | ||
who provides technical support for the use of technological | ||
equipment directly involved in student learning; and | ||
(C) for costs associated with distance learning, | ||
including Wi-Fi, Internet access hotspots, wireless network | ||
service, broadband service, and other services and technological | ||
equipment necessary to facilitate Internet access. | ||
SECTION 7. Section 37.108(b-1), Education Code, is amended | ||
to read as follows: | ||
(b-1) In a school district's safety and security audit | ||
required under Subsection (b), the district must certify that the | ||
district used the funds provided to the district through the school | ||
safety allotment under Section 48.115 [ |
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purposes provided by that section. | ||
SECTION 8. Section 39.0261, Education Code, is amended by | ||
adding Subsection (a-1) and amending Subsection (b) to read as | ||
follows: | ||
(a-1) Notwithstanding Subsection (a)(3), the commissioner | ||
by rule may allow a student to take at state cost an assessment | ||
instrument described by that subdivision if circumstances existed | ||
that prevented the student from taking the assessment instrument | ||
before the student graduated from high school. | ||
(b) The agency shall: | ||
(1) select and approve vendors of the specific | ||
assessment instruments administered under this section and | ||
negotiate with each approved vendor a price for each assessment | ||
instrument; and | ||
(2) provide reimbursement to a school district in the | ||
amount negotiated under Subdivision (1) for [ |
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appropriated for that purpose. | ||
SECTION 9. Section 39.053(g-4), Education Code, is amended | ||
to read as follows: | ||
(g-4) For purposes of the computation of dropout and | ||
completion rates such as high school graduation rates under | ||
Subsection (c)(1)(B)(ix), the commissioner shall exclude a student | ||
who was reported as having dropped out of school under Section | ||
48.009(b-4) [ |
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have dropped out from the school district or campus in which the | ||
student was last enrolled. | ||
SECTION 10. Section 45.0021, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (c), (d), (e), (f), | ||
and (g) to read as follows: | ||
(a) A school district may not levy [ |
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the district's maintenance taxes described by Section 45.002 at a | ||
rate intended to create a surplus in maintenance tax revenue for the | ||
purpose of paying the district's debt service. | ||
(c) The agency shall: | ||
(1) develop a method to identify school districts that | ||
may have adopted a maintenance tax rate in violation of Subsection | ||
(a), which must include a review of data over multiple years; | ||
(2) for each school district identified under the | ||
method developed under Subdivision (1), investigate as necessary to | ||
determine whether the district has adopted a maintenance tax rate | ||
in violation of Subsection (a); and | ||
(3) if the agency determines that a school district | ||
has adopted a maintenance tax rate in violation of Subsection (a): | ||
(A) order the district to comply with Subsection | ||
(a) not later than three years after the date of the order; | ||
(B) assist the district in developing a | ||
corrective action plan that, to the extent feasible, does not | ||
result in a net increase in the district's total tax rate; and | ||
(C) post the name of the school district on the | ||
agency's Internet website. | ||
(d) The implementation of a corrective action plan under | ||
Subsection (c)(3)(B) does not prohibit a school district from | ||
increasing the district's total tax rate as necessary to achieve | ||
other legal purposes. | ||
(e) If a school district fails to take action under a | ||
corrective action plan developed under Subsection (c)(3)(B), the | ||
commissioner may reduce the district's entitlement under Chapter 48 | ||
by an amount equal to the difference between: | ||
(1) the amount of state and local funding the district | ||
received as a result of adopting a maintenance tax rate in violation | ||
of Subsection (a); and | ||
(2) the amount of state and local funding the district | ||
would have received if the district had not adopted a maintenance | ||
tax rate in violation of Subsection (a). | ||
(f) This section does not prohibit a school district from | ||
using a surplus in maintenance tax revenue to pay the district's | ||
debt service if: | ||
(1) the district's interest and sinking fund tax | ||
revenue is insufficient to pay the district's debt service due to | ||
circumstances beyond the district's control; and | ||
(2) the use of the surplus maintenance tax revenue to | ||
pay the district's debt service is necessary to prevent a default on | ||
the district's debt. | ||
(g) This section may not be construed to prohibit a school | ||
district from: | ||
(1) paying a portion of the district's maintenance tax | ||
revenue into the tax increment fund for a reinvestment zone under | ||
Chapter 311, Tax Code; or | ||
(2) using money disbursed from the tax increment fund | ||
for a reinvestment zone under Chapter 311, Tax Code, in accordance | ||
with the agreement entered into by the district with the governing | ||
body of the municipality or county that designated the zone under | ||
Section 311.013(f) of that code. | ||
SECTION 11. Section 48.009, Education Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-4) to read as | ||
follows: | ||
(b) The commissioner by rule shall require each school | ||
district and open-enrollment charter school to report through the | ||
Public Education Information Management System information | ||
regarding: | ||
(1) the number of students enrolled in the district or | ||
school who are identified as having dyslexia; | ||
(2) the availability of school counselors, including | ||
the number of full-time equivalent school counselors, at each | ||
campus; | ||
(3) the availability of expanded learning | ||
opportunities as described by Section 33.252 at each campus; | ||
(4) the total number of students, other than students | ||
described by Subdivision (5), enrolled in the district or school | ||
with whom the district or school, as applicable, used intervention | ||
strategies, as that term is defined by Section 26.004, at any time | ||
during the year for which the report is made; [ |
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(5) the total number of students enrolled in the | ||
district or school to whom the district or school provided aids, | ||
accommodations, or services under Section 504, Rehabilitation Act | ||
of 1973 (29 U.S.C. Section 794), at any time during the year for | ||
which the report is made; | ||
(6) disaggregated by campus and grade, the number of: | ||
(A) children who are required to attend school | ||
under Section 25.085, are not exempted under Section 25.086, and | ||
fail to attend school without excuse for 10 or more days or parts of | ||
days within a six-month period in the same school year; | ||
(B) students for whom the district initiates a | ||
truancy prevention measure under Section 25.0915(a-4); and | ||
(C) parents of students against whom an | ||
attendance officer or other appropriate school official has filed a | ||
complaint under Section 25.093; and | ||
(7) the number of students who are enrolled in a high | ||
school equivalency program, a dropout recovery school, or an adult | ||
education program provided under a high school diploma and industry | ||
certification charter school program provided by the district or | ||
school and who: | ||
(A) are at least 18 years of age and under 26 | ||
years of age; | ||
(B) have not previously been reported to the | ||
agency as dropouts; and | ||
(C) enroll in the program at the district or | ||
school after not attending school for a period of at least nine | ||
months. | ||
(b-4) A student reported under Subsection (b)(7) as having | ||
enrolled in a high school equivalency program, a dropout recovery | ||
school, or an adult education program provided under a high school | ||
diploma and industry certification charter school program must be | ||
reported through the Public Education Information Management | ||
System as having previously dropped out of school. | ||
SECTION 12. Section 48.051, Education Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) A school district employee who received a salary | ||
increase under Subsection (c) from a school district for the | ||
2019-2020 school year is, as long as the employee remains employed | ||
by the same district, entitled to salary that is at least equal to | ||
the salary the employee received for the 2019-2020 school year. | ||
This subsection does not apply if the board of trustees of the | ||
school district at which the employee is employed: | ||
(1) complies with Sections 21.4021, 21.4022, and | ||
21.4032 in reducing the employee's salary; and | ||
(2) has adopted a resolution declaring a financial | ||
exigency for the district under Section 44.011. | ||
SECTION 13. Section 48.104, Education Code, is amended by | ||
adding Subsection (e-1) and amending Subsections (j-1) and (k) to | ||
read as follows: | ||
(e-1) For each student who is a homeless child or youth as | ||
defined by 42 U.S.C. Section 11434a, a school district is entitled | ||
to an annual allotment equal to the basic allotment multiplied by | ||
the highest weight provided under Subsection (d). | ||
(j-1) In addition to other purposes for which funds | ||
allocated under this section may be used, those funds may also be | ||
used to: | ||
(1) provide child-care services or assistance with | ||
child-care expenses for students at risk of dropping out of school, | ||
as described by Section 29.081(d)(5); [ |
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(2) pay the costs associated with services provided | ||
through a life skills program in accordance with Sections | ||
29.085(b)(1) and (3)-(7); or | ||
(3) pay costs for services provided by an | ||
instructional coach to raise student achievement at a campus in | ||
which educationally disadvantaged students are enrolled. | ||
(k) At least 55 percent of the funds allocated under this | ||
section must be used to: | ||
(1) fund supplemental programs and services, | ||
including services provided by an instructional coach, designed to | ||
eliminate any disparity in performance on assessment instruments | ||
administered under Subchapter B, Chapter 39, or disparity in the | ||
rates of high school completion between: | ||
(A) students who are educationally disadvantaged | ||
and students who are not educationally disadvantaged; and | ||
(B) students at risk of dropping out of school, | ||
as defined by Section 29.081, and all other students; or | ||
(2) support a program eligible under Title I of the | ||
Elementary and Secondary Education Act of 1965, as provided by Pub. | ||
L. No. 103-382 and its subsequent amendments, and by federal | ||
regulations implementing that Act. | ||
SECTION 14. Section 48.106, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (d) to | ||
read as follows: | ||
(a) For each full-time equivalent student in average daily | ||
attendance in an approved career and technology education program | ||
in grades 7 through 12, a district is entitled to[ |
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[ |
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allotment, or, if applicable, the sum of the basic allotment and the | ||
allotment under Section 48.101 to which the district is entitled, | ||
multiplied by: | ||
(1) 1.1 for a full-time equivalent student in career | ||
and technology education courses not in an approved program of | ||
study; | ||
(2) 1.28 for a full-time equivalent student in levels | ||
one and two career and technology education courses in an approved | ||
program of study, as identified by the agency [ |
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and | ||
(3) 1.47 for a full-time equivalent student in levels | ||
three and four career and technology education courses in an | ||
approved program of study, as identified by the agency. | ||
(a-1) In addition to the amounts under Subsection (a), for | ||
each student in average daily attendance, a district is entitled to | ||
[ |
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student is enrolled: | ||
(1) [ |
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[ |
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under Section 29.556; or | ||
(2) [ |
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Network and that focuses on project-based learning and work-based | ||
education. | ||
(d) The agency shall annually publish a list of career and | ||
technology courses that qualify for an allotment under Subsection | ||
(a), disaggregated by the weight for which the course qualifies. | ||
SECTION 15. Section 48.106(b), Education Code, is amended | ||
by amending Subdivision (1) and adding Subdivision (1-a) to read as | ||
follows: | ||
(1) "Approved [ |
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(A) means a sequence of career and technology | ||
education courses, including [ |
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courses, authorized by the State Board of Education; and | ||
(B) includes only courses that qualify for high | ||
school credit. | ||
(1-a) "Approved program of study" means a course | ||
sequence that: | ||
(A) provides students with the knowledge and | ||
skills necessary for success in the students' chosen careers; and | ||
(B) is approved by the agency for purposes of the | ||
Strengthening Career and Technical Education for the 21st Century | ||
Act (Pub. L. No. 115-224). | ||
SECTION 16. Section 48.110(f), Education Code, is amended | ||
to read as follows: | ||
(f) For purposes of this section, an annual graduate | ||
demonstrates: | ||
(1) college readiness if the annual graduate: | ||
(A) both: | ||
(i) achieves college readiness standards | ||
used for accountability purposes under Chapter 39 on the ACT, the | ||
SAT, or an assessment instrument designated by the Texas Higher | ||
Education Coordinating Board under Section 51.334; and | ||
(ii) [ |
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by commissioner rule, enrolls at a postsecondary educational | ||
institution; or | ||
(B) earns an associate degree from a | ||
postsecondary educational institution approved by the Texas Higher | ||
Education Coordinating Board while attending high school or during | ||
a time period established by commissioner rule; | ||
(2) career readiness if the annual graduate: | ||
(A) achieves college readiness standards used | ||
for accountability purposes under Chapter 39 on the ACT, the SAT, or | ||
an assessment instrument designated by the Texas Higher Education | ||
Coordinating Board under Section 51.334; and | ||
(B) during a time period established by | ||
commissioner rule, earns an industry-accepted certificate; and | ||
(3) military readiness if the annual graduate: | ||
(A) achieves a passing score set by the | ||
applicable military branch on the Armed Services Vocational | ||
Aptitude Battery; and | ||
(B) during a time period established by | ||
commissioner rule, enlists in the armed forces of the United | ||
States. | ||
SECTION 17. Section 48.111, Education Code, is amended to | ||
read as follows: | ||
Sec. 48.111. FAST GROWTH ALLOTMENT. (a) Except as provided | ||
by Subsection (b), a [ |
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basic allotment multiplied by 0.35 [ |
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equal to the difference, if the difference is greater than zero, | ||
that results from subtracting 250 from the difference between the | ||
number of students enrolled in the district during the school year | ||
immediately preceding the current school year and the number of | ||
students enrolled in the district during the school year six years | ||
preceding the current school year [ |
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(a-1) For purposes of Subsection (a), in determining the | ||
number of students enrolled in a school district, the commissioner | ||
shall exclude students enrolled in the district who receive | ||
full-time instruction through the state virtual school network | ||
under Chapter 30A. | ||
(a-2) Notwithstanding Subsection (a), instead of using the | ||
weight of "0.35" in Subsection (a), the agency shall substitute the | ||
following weights: | ||
(1) for the 2021-2022 school year, "0.30"; and | ||
(2) for the 2022-2023 school year, "0.348". | ||
(a-3) Subsection (a-2) and this subsection expire September | ||
1, 2024. | ||
(b) Notwithstanding Subsection (a), the total amount that | ||
may be used to provide allotments under Subsection (a) may not | ||
exceed $320 million. If the total amount of allotments to which | ||
districts are entitled under Subsection (a) for a school year | ||
exceeds the amount permitted under this subsection, the | ||
commissioner shall reduce each district's allotment under this | ||
section in the manner provided by Section 48.266(f). | ||
(b-1) Notwithstanding Subsection (b), the total amount that | ||
may be used to provide allotments under Subsection (a) may not | ||
exceed: | ||
(1) for the 2021-2022 school year, $270 million; | ||
(2) for the 2022-2023 school year, $310 million; and | ||
(3) for the 2023-2024 school year, $315 million. | ||
(b-2) Subsection (b-1) and this subsection expire September | ||
1, 2025. | ||
(c) For the 2021-2022 school year, the agency shall provide | ||
to each school district that received an allotment under this | ||
section for the 2019-2020 school year but is not entitled to an | ||
allotment for the 2021-2022 school year an amount equal to the | ||
amount of the allotment provided to the district under this section | ||
for the 2019-2020 school year. | ||
(c-1) The total amount that may be used to provide funding | ||
under Subsection (c) may not exceed $40 million. If the total amount | ||
of funding to which districts are entitled under Subsection (c) for | ||
a school year exceeds the amount permitted under this subsection, | ||
the commissioner shall reduce each district's amount under | ||
Subsection (c) in the manner provided by Section 48.266(f). | ||
(c-2) The amounts to which school districts are entitled | ||
under Subsection (c) are not subject to the amount limitations | ||
described by Subsections (b) and (b-1). | ||
(c-3) Subsections (c), (c-1), (c-2), and this subsection | ||
expire September 1, 2023. | ||
SECTION 18. Section 48.112, Education Code, is amended by | ||
adding Subsection (j) to read as follows: | ||
(j) The Texas School for the Deaf and the Texas School for | ||
the Blind and Visually Impaired are entitled to an allotment under | ||
this section. If the commissioner determines that assigning point | ||
values under Subsections (e) and (f) to students enrolled in the | ||
Texas School for the Deaf or the Texas School for the Blind and | ||
Visually Impaired is impractical, the commissioner may use the | ||
average point value assigned for those students' home districts for | ||
purposes of calculating the high needs and rural factor. | ||
SECTION 19. Section 42.168, Education Code, as added by | ||
Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular | ||
Session, 2019, is transferred to Subchapter C, Chapter 48, | ||
Education Code, redesignated as Section 48.115, Education Code, and | ||
amended to read as follows: | ||
Sec. 48.115 [ |
||
funds appropriated for that purpose, the commissioner shall provide | ||
to a school district an annual allotment in the amount provided by | ||
appropriation for each student in average daily attendance. | ||
(b) Funds allocated under this section must be used to | ||
improve school safety and security, including costs associated | ||
with: | ||
(1) securing school facilities, including: | ||
(A) improvements to school infrastructure; | ||
(B) the use or installation of physical barriers; | ||
and | ||
(C) the purchase and maintenance of: | ||
(i) security cameras or other security | ||
equipment; and | ||
(ii) technology, including communications | ||
systems or devices, that facilitates communication and information | ||
sharing between students, school personnel, and first responders in | ||
an emergency; | ||
(2) providing security for the district, including: | ||
(A) employing school district peace officers, | ||
private security officers, and school marshals; and | ||
(B) collaborating with local law enforcement | ||
agencies, such as entering into a memorandum of understanding for | ||
the assignment of school resource officers to schools in the | ||
district; | ||
(3) school safety and security training and planning, | ||
including: | ||
(A) active shooter and emergency response | ||
training; | ||
(B) prevention and treatment programs relating | ||
to addressing adverse childhood experiences; and | ||
(C) the prevention, identification, and | ||
management of emergencies and threats, including: | ||
(i) providing mental health personnel and | ||
support; | ||
(ii) providing behavioral health services; | ||
and | ||
(iii) establishing threat reporting | ||
systems; and | ||
(4) providing programs related to suicide prevention, | ||
intervention, and postvention. | ||
(c) A school district may use funds allocated under this | ||
section for equipment or software that is used for a school safety | ||
and security purpose and an instructional purpose, provided that | ||
the instructional use does not compromise the safety and security | ||
purpose of the equipment or software. | ||
[ |
||
[ |
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SECTION 20. Section 48.2551, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsections (d-1) and | ||
(d-2) to read as follows: | ||
(a) In this section: | ||
(1) "DPV" is the taxable value of property in the | ||
school district, as determined by the agency by rule, using locally | ||
determined property values adjusted in accordance with Section | ||
403.302(d), Government Code [ |
||
(2) "E" is the expiration of the exclusion of | ||
appraised property value for the preceding tax year that is | ||
recognized as taxable property value for the current tax year, | ||
which is the sum of the following: | ||
(A) property value that is no longer subject to a | ||
limitation on appraised value under Chapter 313, Tax Code; and | ||
(B) property value under Section 311.013(n), Tax | ||
Code, that is no longer excluded from the calculation of "DPV" from | ||
the preceding year because of refinancing or renewal after | ||
September 1, 2019; | ||
(3) "MCR" is the district's maximum compressed rate, | ||
which is the tax rate for the current tax year per $100 of valuation | ||
of taxable property at which the district must levy a maintenance | ||
and operations tax to receive the full amount of the tier one | ||
allotment to which the district is entitled under this chapter; | ||
(4) "PYDPV" is the district's value of "DPV" for the | ||
preceding tax year; and | ||
(5) "PYMCR" is the district's value of "MCR" for the | ||
preceding tax year. | ||
(c) Notwithstanding Subsection (b), for a district to which | ||
Section 48.2552(b) applies, the district's maximum compressed rate | ||
is the value calculated in accordance with Section 48.2552(b) [ |
||
(d-1) Local appraisal districts, school districts, and the | ||
comptroller shall provide any information necessary to the agency | ||
to implement this section. | ||
(d-2) A school district may appeal to the commissioner the | ||
district's taxable property value as determined by the agency under | ||
this section. A decision by the commissioner is final and may not be | ||
appealed. | ||
SECTION 21. Section 48.2552(b), Education Code, is amended | ||
to read as follows: | ||
(b) If a school district's [ |
||
compressed rate as calculated under Section 48.2551(b) would be | ||
[ |
||
compressed rate, the district's maximum compressed rate is the | ||
value at which the district's maximum compressed rate would be | ||
equal to 90 percent of the other district's maximum compressed rate | ||
[ |
||
SECTION 22. Section 48.257(c), Education Code, is amended | ||
to read as follows: | ||
(c) For purposes of Subsection (a), state aid to which a | ||
district is entitled under this chapter that is not described by | ||
Section 48.266(a)(3) [ |
||
amount by which a district must reduce the district's [ |
||
revenue level under this section [ |
||
state aid used as an offset under this subsection shall reduce the | ||
amount of state aid to which the district is entitled. | ||
SECTION 23. Subchapter F, Chapter 48, Education Code, is | ||
amended by adding Section 48.2721 to read as follows: | ||
Sec. 48.2721. RECOVERY OF FUNDS FROM EXCESSIVE TAXATION. | ||
The commissioner shall reduce state aid or adjust the limit on local | ||
revenue under Section 48.257 in an amount equal to the amount of | ||
revenue generated by a school district's tax effort that is not in | ||
compliance with Section 45.003 or this chapter. | ||
SECTION 24. Subchapter F, Chapter 48, Education Code, is | ||
amended by adding Section 48.280 to read as follows: | ||
Sec. 48.280. ADJUSTMENT FOR CERTAIN DISTRICTS FOR TEACHER | ||
INCENTIVE ALLOTMENT FUNDING. (a) If Section 48.257(b) applies to a | ||
school district and the adjustment provided under that subsection | ||
for the reduction of the district's tier one revenue level is less | ||
than the amount to which the district is entitled under Section | ||
48.112, the commissioner shall make adjustments to the district's | ||
funding to ensure that the district receives the total amount to | ||
which the district is entitled under Section 48.112. | ||
(b) An adjustment to a district's funding under this section | ||
is excluded for purposes of calculating the district's maintenance | ||
and operations revenue under Section 48.277. This subsection | ||
expires September 1, 2025. | ||
SECTION 25. Section 48.302(b), Education Code, is amended | ||
to read as follows: | ||
(b) The agency shall enter into a memorandum of | ||
understanding with the commission for the agency to transfer funds | ||
to the commission [ |
||
for the commission to provide to an individual who is 21 years of | ||
age or older a subsidy in an amount equal to the cost of taking one | ||
high school equivalency examination administered under Section | ||
7.111. | ||
SECTION 26. Subchapter G, Chapter 48, Education Code, is | ||
amended by adding Section 48.303 to read as follows: | ||
Sec. 48.303. ADDITIONAL STATE AID FOR REGIONAL EDUCATION | ||
SERVICE CENTER STAFF SALARY INCREASES. (a) A regional education | ||
service center is entitled to state aid in an amount equal to the | ||
sum of: | ||
(1) the product of $500 multiplied by the number of | ||
full-time center employees, other than administrators or classroom | ||
teachers, full-time librarians, full-time school counselors | ||
certified under Subchapter B, Chapter 21, or full-time school | ||
nurses; and | ||
(2) the product of $250 multiplied by the number of | ||
part-time center employees, other than administrators or teachers, | ||
librarians, school counselors certified under Subchapter B, | ||
Chapter 21, or school nurses. | ||
(b) A determination by the commissioner under Subsection | ||
(a) is final and may not be appealed. | ||
SECTION 27. Subchapter A, Chapter 49, Education Code, is | ||
amended by adding Section 49.0041 to read as follows: | ||
Sec. 49.0041. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT | ||
AFTER REVIEW NOTIFICATION. If the commissioner determines that a | ||
school district has a local revenue level in excess of entitlement | ||
after the date the commissioner sends notification for the school | ||
year under Section 49.004(a), the commissioner shall include the | ||
amount of the district's local revenue level that exceeded the | ||
level established under Section 48.257 for that school year in the | ||
annual review for the following school year of the district's local | ||
revenue levels under Section 49.004(a). | ||
SECTION 28. Section 49.054(b), Education Code, is amended | ||
to read as follows: | ||
(b) A consolidated [ |
||
district under this subchapter [ |
||
Subchapter G, Chapter 13. | ||
SECTION 29. Section 822.201(b), Government Code, is amended | ||
to read as follows: | ||
(b) "Salary and wages" as used in Subsection (a) means: | ||
(1) normal periodic payments of money for service the | ||
right to which accrues on a regular basis in proportion to the | ||
service performed; | ||
(2) amounts by which the member's salary is reduced | ||
under a salary reduction agreement authorized by Chapter 610; | ||
(3) amounts that would otherwise qualify as salary and | ||
wages under Subdivision (1) but are not received directly by the | ||
member pursuant to a good faith, voluntary written salary reduction | ||
agreement in order to finance payments to a deferred compensation | ||
or tax sheltered annuity program specifically authorized by state | ||
law or to finance benefit options under a cafeteria plan qualifying | ||
under Section 125 of the Internal Revenue Code of 1986, if: | ||
(A) the program or benefit options are made | ||
available to all employees of the employer; and | ||
(B) the benefit options in the cafeteria plan are | ||
limited to one or more options that provide deferred compensation, | ||
group health and disability insurance, group term life insurance, | ||
dependent care assistance programs, or group legal services plans; | ||
(4) performance pay awarded to an employee by a school | ||
district as part of a total compensation plan approved by the board | ||
of trustees of the district and meeting the requirements of | ||
Subsection (e); | ||
(5) the benefit replacement pay a person earns under | ||
Subchapter H, Chapter 659, except as provided by Subsection (c); | ||
(6) stipends paid to teachers in accordance with | ||
former Section 21.410, 21.411, 21.412, or 21.413, Education Code; | ||
(7) amounts by which the member's salary is reduced or | ||
that are deducted from the member's salary as authorized by | ||
Subchapter J, Chapter 659; | ||
(8) a merit salary increase made under Section 51.962, | ||
Education Code; | ||
(9) amounts received under the relevant parts of the | ||
educator excellence awards program under Subchapter O, Chapter 21, | ||
Education Code, or a mentoring program under Section 21.458, | ||
Education Code, that authorize compensation for service; | ||
(10) salary amounts designated as health care | ||
supplementation by an employee under Subchapter D, Chapter 22, | ||
Education Code; [ |
||
(11) to the extent required by Sections 3401(h) and | ||
414(u)(12), Internal Revenue Code of 1986, differential wage | ||
payments received by an individual from an employer on or after | ||
January 1, 2009, while the individual is performing qualified | ||
military service as defined by Section 414(u), Internal Revenue | ||
Code of 1986; and | ||
(12) increased compensation paid to a teacher by a | ||
school district using funds received by the district under the | ||
teacher incentive allotment under Section 48.112, Education Code. | ||
SECTION 30. Section 11.26, Tax Code, is amended by adding | ||
Subsections (a-4), (a-5), (a-6), (a-7), (a-8), and (a-9) to read as | ||
follows: | ||
(a-4) In this section, "maximum compressed rate" means the | ||
maximum compressed rate of a school district as calculated under | ||
Section 48.2551, Education Code. | ||
(a-5) Notwithstanding the other provisions of this section, | ||
if in the 2022 tax year an individual qualifies for a limitation on | ||
tax increases provided by this section on the individual's | ||
residence homestead and the first tax year the individual or the | ||
individual's spouse qualified for an exemption under Section | ||
11.13(c) for the same homestead was a tax year before the 2019 tax | ||
year, the amount of the limitation provided by this section on the | ||
homestead in the 2022 tax year is equal to the amount computed by: | ||
(1) multiplying the taxable value of the homestead in | ||
the 2018 tax year by a tax rate equal to the difference between the | ||
school district's tier one maintenance and operations rate for the | ||
2018 tax year and the district's maximum compressed rate for the | ||
2019 tax year; | ||
(2) subtracting the greater of zero or the amount | ||
computed under Subdivision (1) from the amount of tax the district | ||
imposed on the homestead in the 2018 tax year; | ||
(3) adding any tax imposed in the 2019 tax year | ||
attributable to improvements made in the 2018 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (2); | ||
(4) multiplying the taxable value of the homestead in | ||
the 2019 tax year by a tax rate equal to the difference between the | ||
district's maximum compressed rate for the 2019 tax year and the | ||
district's maximum compressed rate for the 2020 tax year; | ||
(5) subtracting the amount computed under Subdivision | ||
(4) from the amount computed under Subdivision (3); | ||
(6) adding any tax imposed in the 2020 tax year | ||
attributable to improvements made in the 2019 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (5); | ||
(7) multiplying the taxable value of the homestead in | ||
the 2020 tax year by a tax rate equal to the difference between the | ||
district's maximum compressed rate for the 2020 tax year and the | ||
district's maximum compressed rate for the 2021 tax year; | ||
(8) subtracting the amount computed under Subdivision | ||
(7) from the amount computed under Subdivision (6); | ||
(9) adding any tax imposed in the 2021 tax year | ||
attributable to improvements made in the 2020 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (8); | ||
(10) multiplying the taxable value of the homestead in | ||
the 2021 tax year by a tax rate equal to the difference between the | ||
district's maximum compressed rate for the 2021 tax year and the | ||
district's maximum compressed rate for the 2022 tax year; | ||
(11) subtracting the amount computed under | ||
Subdivision (10) from the amount computed under Subdivision (9); | ||
and | ||
(12) adding any tax imposed in the 2022 tax year | ||
attributable to improvements made in the 2021 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (11). | ||
(a-6) Notwithstanding the other provisions of this section, | ||
if in the 2022 tax year an individual qualifies for a limitation on | ||
tax increases provided by this section on the individual's | ||
residence homestead and the first tax year the individual or the | ||
individual's spouse qualified for an exemption under Section | ||
11.13(c) for the same homestead was the 2019 tax year, the amount of | ||
the limitation provided by this section on the homestead in the 2022 | ||
tax year is equal to the amount computed by: | ||
(1) multiplying the taxable value of the homestead in | ||
the 2019 tax year by a tax rate equal to the difference between the | ||
school district's maximum compressed rate for the 2019 tax year and | ||
the district's maximum compressed rate for the 2020 tax year; | ||
(2) subtracting the amount computed under Subdivision | ||
(1) from the amount of tax the district imposed on the homestead in | ||
the 2019 tax year; | ||
(3) adding any tax imposed in the 2020 tax year | ||
attributable to improvements made in the 2019 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (2); | ||
(4) multiplying the taxable value of the homestead in | ||
the 2020 tax year by a tax rate equal to the difference between the | ||
district's maximum compressed rate for the 2020 tax year and the | ||
district's maximum compressed rate for the 2021 tax year; | ||
(5) subtracting the amount computed under Subdivision | ||
(4) from the amount computed under Subdivision (3); | ||
(6) adding any tax imposed in the 2021 tax year | ||
attributable to improvements made in the 2020 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (5); | ||
(7) multiplying the taxable value of the homestead in | ||
the 2021 tax year by a tax rate equal to the difference between the | ||
district's maximum compressed rate for the 2021 tax year and the | ||
district's maximum compressed rate for the 2022 tax year; | ||
(8) subtracting the amount computed under Subdivision | ||
(7) from the amount computed under Subdivision (6); and | ||
(9) adding any tax imposed in the 2022 tax year | ||
attributable to improvements made in the 2021 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (8). | ||
(a-7) Notwithstanding the other provisions of this section, | ||
if in the 2022 tax year an individual qualifies for a limitation on | ||
tax increases provided by this section on the individual's | ||
residence homestead and the first tax year the individual or the | ||
individual's spouse qualified for an exemption under Section | ||
11.13(c) for the same homestead was the 2020 tax year, the amount of | ||
the limitation provided by this section on the homestead in the 2022 | ||
tax year is equal to the amount computed by: | ||
(1) multiplying the taxable value of the homestead in | ||
the 2020 tax year by a tax rate equal to the difference between the | ||
school district's maximum compressed rate for the 2020 tax year and | ||
the district's maximum compressed rate for the 2021 tax year; | ||
(2) subtracting the amount computed under Subdivision | ||
(1) from the amount of tax the district imposed on the homestead in | ||
the 2020 tax year; | ||
(3) adding any tax imposed in the 2021 tax year | ||
attributable to improvements made in the 2020 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (2); | ||
(4) multiplying the taxable value of the homestead in | ||
the 2021 tax year by a tax rate equal to the difference between the | ||
district's maximum compressed rate for the 2021 tax year and the | ||
district's maximum compressed rate for the 2022 tax year; | ||
(5) subtracting the amount computed under Subdivision | ||
(4) from the amount computed under Subdivision (3); and | ||
(6) adding any tax imposed in the 2022 tax year | ||
attributable to improvements made in the 2021 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (5). | ||
(a-8) Notwithstanding the other provisions of this section, | ||
if in the 2022 tax year an individual qualifies for a limitation on | ||
tax increases provided by this section on the individual's | ||
residence homestead and the first tax year the individual or the | ||
individual's spouse qualified for an exemption under Section | ||
11.13(c) for the same homestead was the 2021 tax year, the amount of | ||
the limitation provided by this section on the homestead in the 2022 | ||
tax year is equal to the amount computed by: | ||
(1) multiplying the taxable value of the homestead in | ||
the 2021 tax year by a tax rate equal to the difference between the | ||
school district's maximum compressed rate for the 2021 tax year and | ||
the district's maximum compressed rate for the 2022 tax year; | ||
(2) subtracting the amount computed under Subdivision | ||
(1) from the amount of tax the district imposed on the homestead in | ||
the 2021 tax year; and | ||
(3) adding any tax imposed in the 2022 tax year | ||
attributable to improvements made in the 2021 tax year as provided | ||
by Subsection (b) to the amount computed under Subdivision (2). | ||
(a-9) Notwithstanding the other provisions of this section, | ||
if in the 2023 or a subsequent tax year an individual qualifies for | ||
a limitation on tax increases provided by this section on the | ||
individual's residence homestead, the amount of the limitation | ||
provided by this section on the homestead is equal to the amount | ||
computed by: | ||
(1) multiplying the taxable value of the homestead in | ||
the preceding tax year by a tax rate equal to the difference between | ||
the school district's maximum compressed rate for the preceding tax | ||
year and the district's maximum compressed rate for the current tax | ||
year; | ||
(2) subtracting the amount computed under Subdivision | ||
(1) from the amount of tax the district imposed on the homestead in | ||
the preceding tax year; and | ||
(3) adding any tax imposed in the current tax year | ||
attributable to improvements made in the preceding tax year as | ||
provided by Subsection (b) to the amount computed under Subdivision | ||
(2). | ||
SECTION 31. (a) The following provisions of the Education | ||
Code are repealed: | ||
(1) Sections 12.133(d), (d-1), and (e); | ||
(2) Section 48.0051(a-1); and | ||
(3) Sections 49.054(a) and (c). | ||
(b) The following provisions, which amended Section 42.006, | ||
Education Code, are repealed: | ||
(1) Section 2, Chapter 1036 (H.B. 548), Acts of the | ||
86th Legislature, Regular Session, 2019; and | ||
(2) Section 8, Chapter 1060 (H.B. 1051), Acts of the | ||
86th Legislature, Regular Session, 2019. | ||
SECTION 32. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 33. Section 11.26, Tax Code, as amended by this Act, | ||
applies only to ad valorem taxes imposed for a tax year beginning on | ||
or after January 1, 2022. | ||
SECTION 34. (a) Except as otherwise provided by this | ||
section, this Act takes effect September 1, 2021. | ||
(b) Section 31.0211(c), Education Code, as amended by this | ||
Act, takes effect immediately 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. If this Act does not | ||
receive the vote necessary for immediate effect, Section | ||
31.0211(c), Education Code, as amended by this Act, takes effect | ||
September 1, 2021. | ||
(c) Section 11.26, Tax Code, as amended by this Act, takes | ||
effect January 1, 2022, but only if the constitutional amendment | ||
proposed by the 87th Legislature, Regular Session, 2021, | ||
authorizing the legislature to provide for the reduction of the | ||
amount of a limitation on the total amount of ad valorem taxes that | ||
may be imposed for general elementary and secondary public school | ||
purposes on the residence homestead of a person who is elderly or | ||
disabled to reflect any statutory reduction from the preceding tax | ||
year in the maximum compressed rate of the maintenance and | ||
operations taxes imposed for those purposes on the homestead is | ||
approved by the voters. If that amendment is not approved by the | ||
voters, Section 11.26, Tax Code, as amended by this Act, has no | ||
effect. |