Bill Text: TX SB22 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to public school finance and prekindergarten programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-23 - Not again placed on intent calendar [SB22 Detail]
Download: Texas-2011-SB22-Introduced.html
Bill Title: Relating to public school finance and prekindergarten programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-23 - Not again placed on intent calendar [SB22 Detail]
Download: Texas-2011-SB22-Introduced.html
By: Shapiro | S.B. No. 22 | |
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relating to public school finance. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 42, Education Code, is | ||
amended by adding Section 42.009 to read as follows: | ||
Sec. 42.009. LIMITATION ON REVENUE DECREASES. | ||
(a) Notwithstanding any other provision of this title, a school | ||
district is entitled to receive in any school year an amount of | ||
state and local maintenance and operations revenue per student in | ||
weighted average daily attendance that is not more than ____ | ||
percent less than the amount of state and local maintenance and | ||
operations revenue per student in weighted average daily attendance | ||
received by the district during the preceding school year. | ||
(b) Enrichment revenue to which a school district is | ||
entitled under Section 42.302 is not included for purposes of | ||
determining the amount a school district is entitled to receive | ||
under this section. | ||
(c) The commissioner shall make adjustments to amounts due | ||
to a school district under this chapter or amounts required for a | ||
district to comply with Chapter 41 as necessary to comply with the | ||
amount a district is entitled to receive under this section. | ||
(d) A determination by the commissioner under this section | ||
is final and may not be appealed. | ||
SECTION 2. 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 $_______ [ |
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that results from the following formula: | ||
A = $_______ [ |
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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 3. Section 42.2516, Education Code, is amended by | ||
adding Subsections (b-2) and (b-3) to read as follows: | ||
(b-2) If a school district adopts a maintenance and | ||
operations tax rate that is below the rate equal to the product of | ||
the state compression percentage multiplied by the maintenance and | ||
operations tax rate adopted by the district for the 2005 tax year, | ||
the commissioner shall reduce the district's entitlement under this | ||
section in proportion to the amount by which the adopted rate is | ||
less than the rate equal to the product of the state compression | ||
percentage multiplied by the rate adopted by the district for the | ||
2005 tax year. | ||
(b-3) The commissioner shall reduce by ____ percent the | ||
total amount of state and local revenue per student in weighted | ||
average daily attendance to which a school district is entitled | ||
under Subsection (b)(1). | ||
SECTION 4. Section 42.253(h), Education Code, is amended to | ||
read as follows: | ||
(h) If the amount appropriated for the Foundation School | ||
Program for the second year of a state fiscal biennium is less than | ||
the amount to which school districts are entitled for that year, the | ||
commissioner shall certify the amount of the difference to the | ||
Legislative Budget Board not later than January 1 of the second year | ||
of the state fiscal biennium. The Legislative Budget Board shall | ||
propose to the legislature that the certified amount be transferred | ||
to the foundation school fund from the economic stabilization fund | ||
and appropriated for the purpose of increases in allocations under | ||
this subsection. If the legislature fails during the regular | ||
session to enact the proposed transfer and appropriation and there | ||
are not funds available under Subsection (j), the commissioner | ||
shall reduce the total amount of state funds allocated to each | ||
district by an amount determined by applying to each district, | ||
including a district receiving funds under Section 42.2516, the | ||
same percentage reduction so that the total amount of the reduction | ||
to all districts [ |
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year, a district's entitlement under this section is increased by | ||
an amount equal to the reduction made under this subsection. | ||
SECTION 5. Section 44.004, Education Code, is amended by | ||
adding Subsection (g-1) to read as follows: | ||
(g-1) If the rate calculated under Section | ||
44.004(c)(5)(A)(ii)(b) decreases after the publication of the | ||
notice required by this section, the president is not required to | ||
publish another notice or call another meeting to discuss and adopt | ||
the budget and the proposed lower tax rate. | ||
SECTION 6. Section 26.05(a), Tax Code, is amended to read as | ||
follows: | ||
(a) The governing body of each taxing unit, before the later | ||
of September 30 or the 60th day after the date the certified | ||
appraisal roll is received by the taxing unit, shall adopt a tax | ||
rate for the current tax year and shall notify the assessor for the | ||
unit of the rate adopted. The tax rate consists of two components, | ||
each of which must be approved separately. The components are: | ||
(1) for a taxing unit other than a school district, the | ||
rate that, if applied to the total taxable value, will impose the | ||
total amount published under Section 26.04(e)(3)(C), less any | ||
amount of additional sales and use tax revenue that will be used to | ||
pay debt service, or, for a school district, the rate calculated | ||
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and | ||
(2) the rate that, if applied to the total taxable | ||
value, will impose the amount of taxes needed to fund maintenance | ||
and operation expenditures of the unit for the next year. | ||
SECTION 7. Sections 42.101(a-1) and (a-2), Education Code, | ||
are repealed. | ||
SECTION 8. The changes in law made by this Act to Chapter | ||
42, Education Code, apply beginning with the 2011-2012 school year. | ||
SECTION 9. The change in law made by Section 44.004(g-1), | ||
Education Code, as added by this Act, applies beginning with | ||
adoption of a tax rate for the 2011 tax year. | ||
SECTION 10. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2011. |