Bill Text: TX HB21 | 2017 | 85th Legislature 1st Special Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to public school finance, including funding for the recruitment and retention of teachers and the support of participants in the public school employees group insurance program.

Sponsorship: Moderate Partisan Bill (Republican 36-11)

Status: (Passed) 2017-08-16 - See remarks for effective date [HB21 Detail]

Download: Texas-2017-HB21-Comm_Sub.html

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85S11409 MEW-F
By: Huberty, et al. H.B. No. 21
Substitute the following for H.B. No. 21:
By: Bohac C.S.H.B. No. 21

A BILL TO BE ENTITLED
AN ACT
relating to the public school finance system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.158(a), Education Code, is amended to
read as follows:
(a) The board of trustees of an independent school district
may require payment of:
(1) a fee for materials used in any program in which
the resultant product in excess of minimum requirements becomes, at
the student's option, the personal property of the student, if the
fee does not exceed the cost of materials;
(2) membership dues in student organizations or clubs
and admission fees or charges for attending extracurricular
activities, if membership or attendance is voluntary;
(3) a security deposit for the return of materials,
supplies, or equipment;
(4) a fee for personal physical education and athletic
equipment and apparel, although any student may provide the
student's own equipment or apparel if it meets reasonable
requirements and standards relating to health and safety
established by the board;
(5) a fee for items of personal use or products that a
student may purchase at the student's option, such as student
publications, class rings, annuals, and graduation announcements;
(6) a fee specifically permitted by any other statute;
(7) a fee for an authorized voluntary student health
and accident benefit plan;
(8) a reasonable fee, not to exceed the actual annual
maintenance cost, for the use of musical instruments and uniforms
owned or rented by the district;
(9) a fee for items of personal apparel that become the
property of the student and that are used in extracurricular
activities;
(10) a parking fee or a fee for an identification card;
(11) a fee for a driver training course, not to exceed
the actual district cost per student in the program for the current
school year;
(12) a fee for a course offered for credit that
requires the use of facilities not available on the school premises
or the employment of an educator who is not part of the school's
regular staff, if participation in the course is at the student's
option;
(13) a fee for a course offered during summer school,
except that the board may charge a fee for a course required for
graduation only if the course is also offered without a fee during
the regular school year;
(14) a reasonable fee for transportation of a student
who lives within two miles of the school the student attends to and
from that school[, except that the board may not charge a fee for
transportation for which the school district receives funds under
Section 42.155(d)]; or
(15) a reasonable fee, not to exceed $50, for costs
associated with an educational program offered outside of regular
school hours through which a student who was absent from class
receives instruction voluntarily for the purpose of making up the
missed instruction and meeting the level of attendance required
under Section 25.092[; or
[(16) if the district does not receive any funds under
Section 42.155 and does not participate in a county transportation
system for which an allotment is provided under Section 42.155(i),
a reasonable fee for the transportation of a student to and from the
school the student attends].
SECTION 2. Effective September 1, 2018, Section 12.106,
Education Code, is amended by amending Subsection (a-1) and adding
Subsection (d) to read as follows:
(a-1) In determining funding for an open-enrollment charter
school under Subsection (a):
(1) [,] adjustments under Sections 42.102, [42.103,]
42.104, and 42.105 are based on the average adjustment for the
state; and
(2) the adjustment under Section 42.103 is based on
the average adjustment for the state that would have been provided
under that section as it existed on January 1, 2018.
(d) In addition to other amounts provided by this section, a
charter holder is entitled to receive, for the open-enrollment
charter school, funding per student in average daily attendance in
an amount equal to the guaranteed level of state and local funds per
student per cent of tax effort under Section 46.032(a) multiplied
by the lesser of:
(1) the state average interest and sinking fund tax
rate imposed by school districts for the current year; or
(2) a rate that would result in a total amount to which
charter schools are entitled under this subsection for the current
year equal to $25 million.
SECTION 3. Section 29.153(c), Education Code, is amended to
read as follows:
(c) A prekindergarten class under this section shall be
operated on a half-day basis. A district is not required to provide
transportation for a prekindergarten class[, but transportation,
if provided, is included for funding purposes as part of the regular
transportation system].
SECTION 4. Sections 29.918(a) and (b), Education Code, are
amended to read as follows:
(a) Notwithstanding Section [39.234 or] 42.152, a school
district or open-enrollment charter school with a high dropout
rate, as determined by the commissioner, must submit a plan to the
commissioner describing the manner in which the district or charter
school intends to use the compensatory education allotment under
Section 42.152 [and the high school allotment under Section 42.160]
for developing and implementing research-based strategies for
dropout prevention. The district or charter school shall submit
the plan not later than December 1 of each school year preceding the
school year in which the district or charter school will receive the
compensatory education allotment [or high school allotment] to
which the plan applies.
(b) A school district or open-enrollment charter school to
which this section applies may not spend or obligate more than 25
percent of the district's or charter school's compensatory
education allotment [or high school allotment] unless the
commissioner approves the plan submitted under Subsection
(a). The commissioner shall complete an initial review of the
district's or charter school's plan not later than March 1 of the
school year preceding the school year in which the district or
charter school will receive the compensatory education allotment
[or high school allotment] to which the plan applies.
SECTION 5. Subchapter C, Chapter 30, Education Code, is
amended by adding Section 30.0561 to read as follows:
Sec. 30.0561. TRANSPORTATION ALLOTMENT. The Texas School
for the Deaf is entitled to a transportation allotment paid from the
foundation school fund. The commissioner shall determine the
appropriate allotment.
SECTION 6. Section 30.087(c), Education Code, is amended to
read as follows:
(c) A school district may receive an allotment paid from the
foundation school fund for transportation of students
participating in a regional day school program, as determined by
the commissioner [in the same manner as an allotment for the
transportation of other special education students].
SECTION 7. Section 34.002(c), Education Code, is amended to
read as follows:
(c) The commissioner shall reduce the basic allotment
provided under Section 42.101 for each student in average daily
attendance by $125 for a [A] school district that fails or refuses
to meet the safety standards for school buses established under
this section [is ineligible to share in the transportation
allotment under Section 42.155] until the first anniversary of the
date the district begins complying with the safety standards.
SECTION 8. Section 34.007, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) A county transportation system is not entitled to
receive funding for transportation costs directly from the state.
Funding for a county transportation system is provided by each
school district participating in the county transportation system
in accordance with the terms of the interlocal contract under
Chapter 791, Government Code, under which the county provides
transportation services for the participating districts.
SECTION 9. Section 39.0233(a), Education Code, as amended
by H.B. 2223, Acts of the 85th Legislature, Regular Session, 2017,
is amended to read as follows:
(a) The agency, in coordination with the Texas Higher
Education Coordinating Board, shall adopt a series of questions to
be included in an end-of-course assessment instrument administered
under Section 39.023(c) to be used for purposes of Subchapter F-1,
Chapter 51. The questions adopted under this subsection must be
developed in a manner consistent with any college readiness
standards adopted under [Section 39.233 and] Subchapter F-1,
Chapter 51.
SECTION 10. Section 41.099(a), Education Code, is amended
to read as follows:
(a) Sections [41.002(e),] 41.094, 41.097, and 41.098 apply
only to a district that:
(1) executes an agreement to purchase all attendance
credits necessary to reduce the district's wealth per student to
the equalized wealth level;
(2) executes an agreement to purchase attendance
credits and an agreement under Subchapter E to contract for the
education of nonresident students who transfer to and are educated
in the district but who are not charged tuition; or
(3) executes an agreement under Subchapter E to
contract for the education of nonresident students:
(A) to an extent that does not provide more than
10 percent of the reduction in wealth per student required for the
district to achieve a wealth per student that is equal to or less
than the equalized wealth level; and
(B) under which all revenue paid by the district
to other districts, in excess of the reduction in state aid that
results from counting the weighted average daily attendance of the
students served in the contracting district, is required to be used
for funding a consortium of at least three districts in a county
with a population of less than 40,000 that is formed to support a
technology initiative.
SECTION 11. Section 41.257, Education Code, is amended to
read as follows:
Sec. 41.257. APPLICATION OF SMALL AND SPARSE ADJUSTMENTS
[AND TRANSPORTATION ALLOTMENT]. The budget of the consolidated
district must apply the benefit of the adjustment or allotment to
the schools of the consolidating district to which Section 42.103
or[,] 42.105[, or 42.155] would have applied in the event that the
consolidated district still qualifies as a small or sparse
district.
SECTION 12. Section 42.006(a-1), Education Code, is amended
to read as follows:
(a-1) 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 the number of students enrolled in the district or school
who are identified as having dyslexia or related disorders. The
agency shall maintain the information provided in accordance with
this subsection.
SECTION 13. Section 42.101(a), Education Code, is amended
to read as follows:
(a) 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 equal to the lesser of $5,140 [$4,765] or the amount that
results from the following formula:
A = $5,140 [$4,765] X (DCR/MCR)
where:
"A" is the 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 14. Effective September 1, 2023, Sections 42.103(b)
and (d), Education Code, are amended to read as follows:
(b) The basic allotment of a school district that [contains
at least 300 square miles and] has not more than 1,600 students in
average daily attendance is adjusted by applying the formula:
AA = (1 + ((1,600 - ADA) X .0004)) X ABA
(d) The basic allotment of a school district that offers a
kindergarten through grade 12 program and has less than 5,000
students in average daily attendance is adjusted by applying the
formula, of the following formulas, that results in the greatest
adjusted allotment:
(1) the formula in Subsection (b), if [or (c) for
which] the district is eligible for that formula; or
(2) AA = (1 + ((5,000 - ADA) X .000025)) X ABA.
SECTION 15. Effective September 1, 2018, Section 42.103(c),
Education Code, is amended to read as follows:
(c) The basic allotment of a school district that contains
less than 300 square miles and has not more than 1,600 students in
average daily attendance is adjusted by applying the following
formulas [formula]:
(1) for the fiscal year beginning September 1, 2018:
AA = (1 + ((1,600 - ADA) X .000275 [.00025])) X ABA
;
(2) for the fiscal year beginning September 1, 2019:
AA = (1 + ((1,600 - ADA) X .00030)) X ABA
;
(3) for the fiscal year beginning September 1, 2020:
AA = (1 + ((1,600 - ADA) X .000325)) X ABA
;
(4) for the fiscal year beginning September 1, 2021:
AA = (1 + ((1,600 - ADA) X .00035)) X ABA
; and
(5) for the fiscal year beginning September 1, 2022:
AA = (1 + ((1,600 - ADA) X .000375)) X ABA
SECTION 16. Subchapter B, Chapter 42, Education Code, is
amended by adding Section 42.1041 to read as follows:
Sec. 42.1041. INELIGIBILITY FOR SMALL OR MID-SIZED DISTRICT
ADJUSTMENT OR SPARSITY ADJUSTMENT. (a) This section applies only
to a school district that:
(1) borders the Red River; and
(2) has a student enrollment of less than 90, with more
than 50 percent of the enrollment consisting of students who have
transferred from another school district.
(b) Notwithstanding Section 42.103, 42.104, or 42.105, a
school district to which this section applies is ineligible for an
adjustment under Section 42.103 or 42.105 for any school year
during which the district:
(1) issues bonds for the construction of a new
instructional facility on property more than five miles from a
property that before the issuance of the bonds was owned by the
district and was the location of an instructional facility for the
previous five years; or
(2) makes payments on bonds described by Subdivision
(1).
SECTION 17. Subchapter B, Chapter 42, Education Code, is
amended by adding Section 42.107 to read as follows:
Sec. 42.107. SPECIAL-PURPOSE SCHOOL DISTRICTS OPERATED BY
GENERAL ACADEMIC TEACHING INSTITUTIONS. (a) In each fiscal year of
the biennium, the commissioner shall allocate funding from the
foundation school program to each special-purpose school district
established under Section 11.351 that is operated by a general
academic teaching institution as defined by Section 61.003, in an
amount equivalent to the basic allotment in Section 42.101(a)
multiplied by the number of full-time equivalent students who are
enrolled in the school district and who reside in this state.
(b) In allocating funding to special-purpose school
districts under this section, the commissioner shall use a payment
schedule consistent with the payment schedule adopted for
open-enrollment charter schools.
(c) A special-purpose school district that receives state
funding for a resident student under this section may not charge
tuition or fees to that student for the academic term for which
state funding is received, other than fees permitted under Section
11.158.
(d) A special-purpose school district may elect not to
receive state funding under this section.
SECTION 18. Section 42.151(h), Education Code, is amended
to read as follows:
(h) Funds allocated under this section, other than an
indirect cost allotment established under State Board of Education
rule or amounts made available for the transportation of special
education students, must be used in the special education program
under Subchapter A, Chapter 29.
SECTION 19. Section 42.153(a), Education Code, is amended
to read as follows:
(a) For each student in average daily attendance in a
bilingual education or special language program under Subchapter B,
Chapter 29, a district is entitled to an annual allotment equal to
the adjusted basic allotment multiplied by 0.11 [0.1].
SECTION 20. Section 42.154(a), Education Code, as effective
September 1, 2017, is amended 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 eight [nine] through 12 or in career and technology
education programs for students with disabilities in grades seven
through 12, a district is entitled to:
(1) an annual allotment equal to the adjusted basic
allotment multiplied by a weight of 1.35; and
(2) $50, if the student is enrolled in two or more
advanced career and technology education classes for a total of
three or more credits.
SECTION 21. Section 42.154(c), Education Code, is amended
to read as follows:
(c) Funds allocated under this section, other than an
indirect cost allotment established under State Board of Education
rule or amounts made available for the transportation of career and
technology education students, must be used in providing career and
technology education programs in grades eight [nine] through 12 or
career and technology education programs for students with
disabilities in grades seven through 12 under Sections 29.182,
29.183, and 29.184.
SECTION 22. Section 42.1541(a), Education Code, is amended
to read as follows:
(a) For the 2017-2018 and subsequent school years, the [The]
State Board of Education shall by rule revise [increase] the
indirect cost allotments established under Sections 42.151(h),
42.152(c), 42.153(b), and 42.154(c) [42.154(a-1) and (c)] and in
effect for the 2016-2017 [2010-2011] school year to reflect any
increase in the percentage of total maintenance and operations
funding represented by the basic allotment [in proportion to the
average percentage reduction in total state and local maintenance
and operations revenue provided under this chapter for the
2011-2012 school year] as a result of [S.B. Nos. 1 and 2,] Acts of
the 85th [82nd] Legislature, 1st Called Session, 2017 [2011].
SECTION 23. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.1561 to read as follows:
Sec. 42.1561. ALLOTMENT FOR STUDENT WITH DYSLEXIA OR
RELATED DISORDER. (a) Subject to Subsection (b), for each student
that a school district serves who has been identified as having
dyslexia or a related disorder, the district is entitled to an
annual allotment equal to the district's adjusted basic allotment
as determined under Section 42.102 or Section 42.103, as
applicable, multiplied by 0.1 for each school year or a greater
amount provided by appropriation.
(b) A school district is entitled to the allotment under
Subsection (a) only for a student who:
(1) is receiving instruction that:
(A) meets applicable dyslexia program criteria
established by the agency; and
(B) is provided by a person with specific
training in providing that instruction; or
(2) has received the instruction described by
Subdivision (1) and is permitted, on the basis of having dyslexia or
a related disorder, to use modifications in the classroom and
accommodations in the administration of assessment instruments
under Section 39.023.
(c) Funds allotted under this section must be used in
providing services to students with dyslexia or related disorders.
(d) A school district may receive funding for a student
under this section and Section 42.151 if the student satisfies the
requirements of both sections.
(e) Not more than five percent of a district's students in
average daily attendance are eligible for funding under this
section.
SECTION 24. Section 42.2518(a), Education Code, as
effective September 1, 2017, is amended to read as follows:
(a) Beginning with the 2017-2018 school year, a school
district is entitled to additional state aid to the extent that
state and local revenue under this chapter and Chapter 41 is less
than the state and local revenue that would have been available to
the district under Chapter 41 and this chapter as those chapters
existed on September 1, 2015, excluding any state aid or adjustment
in wealth per student that would have been provided under former
Section 41.002(e)-(g), 42.155, 42.160, 42.2513, or 42.2516, if the
increase in the residence homestead exemption under Section 1-b(c),
Article VIII, Texas Constitution, and the additional limitation on
tax increases under Section 1-b(d) of that article as proposed by
S.J.R. 1, 84th Legislature, Regular Session, 2015, had not
occurred.
SECTION 25. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2541 to read as follows:
Sec. 42.2541. ESTIMATED PROJECTIONS. (a) In this section,
"equivalent equalized wealth level" means an equalized wealth level
for a state fiscal biennium that results in approximately the same
number of school districts that are required to take action under
Chapter 41 to reduce wealth as the number of school districts that
were required to take that action during the preceding state fiscal
biennium.
(b) Not later than November 1 of each even-numbered year,
the agency shall:
(1) submit to the legislature a projection for an
equivalent equalized wealth level for the following biennium based
on the agency's estimate of:
(A) student enrollment under Section
42.254(a)(1);
(B) the comptroller's estimate of any increase in
total taxable value of all property in the state under Section
42.254(a)(2);
(C) the number of school districts offering a
local optional residence homestead exemption under Section
11.13(n), Tax Code;
(D) the number of school districts adopting a tax
rate below the maximum tier one tax rate determined under Section
42.252;
(E) the projected amount of maintenance and
operations tax revenue per student in weighted average daily
attendance of the Austin Independent School District; and
(F) the number of school districts adopting a
maintenance and operations tax rate of $1.17; and
(2) provide projections for the equalized funding
elements under Section 42.007 for the following biennium as
necessary to achieve the equivalent equalized wealth level
projected under Subdivision (1).
SECTION 26. Sections 42.259(c), (d), and (f), Education
Code, are amended to read as follows:
(c) Payments from the foundation school fund to each
category 2 school district shall be made as follows:
(1) 22 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(2) 18 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October;
(3) 9.5 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of November;
(4) 7.5 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of April;
(5) five percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of May;
(6) 10 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of June;
(7) 13 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of July; and
(8) 15 percent of the yearly entitlement of the
district shall be paid in an installment to be made after the 5th
day of September and not later than the 10th day of September of the
calendar year following the calendar year of the payment made under
Subdivision (1) [on or before the 25th day of August].
(d) Payments from the foundation school fund to each
category 3 school district shall be made as follows:
(1) 45 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(2) 35 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October; and
(3) 20 percent of the yearly entitlement of the
district shall be paid in an installment to be made after the 5th
day of September and not later than the 10th day of September of the
calendar year following the calendar year of the payment made under
Subdivision (1) [on or before the 25th day of August].
(f) Except as provided by Subsection (c)(8) or (d)(3),
previously [Previously] unpaid additional funds from prior fiscal
years owed to a district shall be paid to the district together with
the September payment of the current fiscal year entitlement.
SECTION 27. Sections 42.2591(c) and (e), Education Code,
are amended to read as follows:
(c) Payments from the foundation school fund to an
open-enrollment charter school under this section shall be made as
follows:
(1) 22 percent of the yearly entitlement of the school
shall be paid in an installment to be made on or before the 25th day
of September of a fiscal year;
(2) 18 percent of the yearly entitlement of the school
shall be paid in an installment to be made on or before the 25th day
of October;
(3) 9.5 percent of the yearly entitlement of the
school shall be paid in an installment to be made on or before the
25th day of November;
(4) four percent of the yearly entitlement of the
school shall be paid in an installment to be made on or before the
25th day of December;
(5) four percent of the yearly entitlement of the
school shall be paid in an installment to be made on or before the
25th day of January;
(6) four percent of the yearly entitlement of the
school shall be paid in an installment to be made on or before the
25th day of February;
(7) four percent of the yearly entitlement of the
school shall be paid in an installment to be made on or before the
25th day of March;
(8) 7.5 percent of the yearly entitlement of the
school shall be paid in an installment to be made on or before the
25th day of April;
(9) five percent of the yearly entitlement of the
school shall be paid in an installment to be made on or before the
25th day of May;
(10) seven percent of the yearly entitlement of the
school shall be paid in an installment to be made on or before the
25th day of June;
(11) seven percent of the yearly entitlement of the
school shall be paid in an installment to be made on or before the
25th day of July; and
(12) eight percent of the yearly entitlement of the
school shall be paid in an installment to be made after the 5th day
of September and not later than the 10th day of September of the
calendar year following the calendar year of the payment made under
Subdivision (1) [on or before the 25th day of August].
(e) Except as provided by Subsection (c)(12), previously
[Previously] unpaid additional funds from prior fiscal years owed
to an open-enrollment charter school shall be paid to the school
together with the September payment of the current fiscal year
entitlement.
SECTION 28. Section 42.302(a), Education Code, is amended
to read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund assignment
up to the maximum level specified in this subchapter. The amount
of state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is an
amount described by Subsection (a-1) or a greater amount for any
year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
[to the district for transportation, any allotment] under Section
42.158 [or 42.160,] and 50 percent of the adjustment under Section
42.102, by the basic allotment for the applicable year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100; and
"LR" is the local revenue, which is determined by multiplying
"DTR" by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521, divided by 100.
SECTION 29. Chapter 42, Education Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. FINANCIAL HARDSHIP TRANSITION PROGRAM
Sec. 42.451. FINANCIAL HARDSHIP GRANTS. (a) From amounts
appropriated for this subchapter, the commissioner may administer a
grant program that provides grants to school districts to defray
financial hardships resulting from changes made to Chapter 41 and
this chapter that apply after the 2016-2017 school year.
(b) The commissioner shall award grants under this
subchapter to districts as provided by Section 42.452.
(c) Funding provided to a district under this subchapter is
in addition to all other funding provided under Chapter 41 and this
chapter.
(d) The commissioner may obtain additional information as
needed from a district or other state or local agency to make
determinations in awarding grants under this subchapter.
Sec. 42.452. AWARD OF GRANTS; AMOUNT. (a) The commissioner
shall award grants to school districts based on the following
formula:
HG = (PL-CL) X (TR) X (TAHG/TEHG)
where:
"HG" is the amount of a district's hardship grant;
"PL" is the amount of funding under previous law to which a
district would be entitled under Chapter 41 and this chapter as
those chapters existed on January 1, 2017, determined using current
school year data for the district;
"CL" is the amount of current law funding under Chapter 41 and
this chapter to which a district is entitled;
"TR" is a district's maintenance and operations tax rate, as
specified by the comptroller's most recent certified report;
"TAHG" is the total funding available for grants under
Section 42.455 for a school year; and
"TEHG" is the sum of the combined amounts for all districts
calculated by applying the formula (PL-CL) X (TR) for each
district.
(b) A school district's hardship grant awarded under this
subchapter for a school year may not exceed the lesser of:
(1) the amount equal to 10 percent of the total amount
of funds available for grants under this subchapter for that school
year; or
(2) the amount by which "PL" exceeds "CL" for that
district for that school year.
(c) For purposes of calculating the formula under
Subsection (a), the commissioner shall:
(1) if the value of (PL-CL) for a school district
results in a negative number, use zero for the value of (PL-CL);
(2) use a maintenance and operations tax rate ("TR")
of $1 for each open-enrollment charter school, each special-purpose
school district established under Subchapter H, Chapter 11, and the
South Texas Independent School District; and
(3) if (TAHG/TEHG) equals a value greater than one,
use a value of one for (TAHG/TEHG).
(d) If funds remain available under this subchapter for a
school year after determining initial grant amounts under
Subsection (a), as adjusted to reflect the limits imposed by
Subsection (b), the commissioner shall reapply the formula as
necessary to award all available funds.
Sec. 42.453. ELIGIBILITY OF OPEN-ENROLLMENT CHARTER
SCHOOL. An open-enrollment charter school is eligible for a grant
under this subchapter in the same manner as a school district.
Sec. 42.454. REGIONAL EDUCATION SERVICE CENTERS AND COUNTY
DEPARTMENTS OF EDUCATION NOT ELIGIBLE. A regional education
service center or a county department of education is not eligible
for a grant under this subchapter.
Sec. 42.455. FUNDING LIMIT. The amount of grants awarded by
the commissioner under this subchapter may not exceed $125 million
for the 2017-2018 school year or $75 million for the 2018-2019
school year.
Sec. 42.456. NO ADJUSTMENT BASED ON REVISED DATA. The
commissioner may not adjust the amount of a school district's grant
under this subchapter based on revisions to the district's data
received after a grant has been awarded.
Sec. 42.457. RULES. The commissioner may adopt rules as
necessary to administer this subchapter.
Sec. 42.458. DETERMINATION FINAL. A determination by the
commissioner under this subchapter is final and may not be
appealed.
Sec. 42.459. EXPIRATION. This subchapter expires September
1, 2019.
SECTION 30. Effective September 1, 2018, Section 46.032(a),
Education Code, is amended to read as follows:
(a) Each school district is guaranteed a specified amount
per student in state and local funds for each cent of tax effort to
pay the principal of and interest on eligible bonds. The amount of
state support, subject only to the maximum amount under Section
46.034, is determined by the formula:
EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
where:
"EDA" is the amount of state funds to be allocated to the
district for assistance with existing debt;
"EDGL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is the lesser
of:
(1) $40 [$35] or a greater amount for any year provided
by appropriation; or
(2) the amount that would result in a total additional
amount of state funds under this subchapter for the current year
equal to $75 million in excess of the state funds to which school
districts would have been entitled under this section if the
guaranteed level amount were $35;
"ADA" is the number of students in average daily attendance,
as determined under Section 42.005, in the district;
"EDTR" is the existing debt tax rate of the district, which is
determined by dividing the amount budgeted by the district for
payment of eligible bonds by the quotient of the district's taxable
value of property as determined under Subchapter M, Chapter 403,
Government Code, or, if applicable, under Section 42.2521, divided
by 100; and
"DPV" is the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521.
SECTION 31. Section 466.355(c), Government Code, as
repealed by Chapter 431 (S.B. 559), Acts of the 83rd Legislature,
Regular Session, 2013, and amended by Chapter 1410 (S.B. 758), Acts
of the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(c) The [Each August the] comptroller shall:
(1) estimate the amount to be transferred to the
foundation school fund on or before September 15; and
(2) notwithstanding Subsection (b)(4), transfer the
amount estimated in Subdivision (1) to the foundation school fund
before [August] installment payments are made under Section
42.259(c)(8) or (d)(3) [42.259], Education Code.
SECTION 32. (a) The following provisions of the Education
Code are repealed:
(1) Section 29.097(g);
(2) Section 29.098(e);
(3) Section 39.233;
(4) Section 39.234;
(5) Sections 41.002(e), (f), and (g);
(6) Section 42.1541(c);
(7) Section 42.155, as amended by S.B. 195, Acts of the
85th Legislature, Regular Session, 2017;
(8) Section 42.160; and
(9) Section 42.2513.
(b) Effective September 1, 2023, Section 42.103(c),
Education Code, is repealed.
SECTION 33. The changes made by this Act to Sections 42.259
and 42.2591, Education Code, apply only to a payment from the
foundation school fund that is made on or after September 1, 2018.
A payment to a school district from the foundation school fund that
is made before that date is governed by Sections 42.259 and 42.2591,
Education Code, as those sections existed before amendment by this
Act, and the former law is continued in effect for that purpose.
SECTION 34. Except as otherwise provided by this Act:
(1) this Act takes effect September 1, 2017, if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution;
and
(2) if this Act does not receive the vote necessary for
effect on that date, this Act takes effect on the 91st day after the
last day of the legislative session.