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Texas House Journal, 86th Legislature, 74th day: SB 2 conference report, Record 1939
Texas House of Representatives · 2019-05-25
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HOUSE JOURNAL
EIGHTY-SIXTH LEGISLATURE, REGULAR SESSION
PROCEEDINGS
SEVENTY-FOURTH DAY — SATURDAY, MAY 25, 2019
The house met at 9:49 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present
(Recordi1926).
Present — Mr. Speaker(C); Allen; Allison; Anchia; Anderson; Ashby;
Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen;
Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales;
Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby;
Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn;
Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.;
Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez;
Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.;
Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel;
Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano;
Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller;
Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez;
Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez;
Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose;
Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith;
Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry;
Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.;
VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Absent, Excused — Johnson, E.
The invocation was offered by Representative Dutton as follows:
To the God of the Panhandle, to the God of the Rio Grande Valley, to the
God of the High Plains, to the God of the Gulf Coast, to the God of the Piney
Woods, to the God of Central Texas, to the God of West Texas, to the God of
rural Texas, to the God of urban Texas, to the God of the poor, to the God of the
powerful, we thank you for being one God. And today, we pray that our
differences serve to keep Texas one under God. Amen.
The chair recognized Representative Sherman who led the house in the
pledges of allegiance to the United States and Texas flags.
5916 86th LEGISLATURE — REGULAR SESSION
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for today because of
important business in the district:
E. Johnson on motion of Muñoz.
The following member was granted leave of absence for the remainder of
today because of illness in the family:
S. Davis on motion of Geren.
RULES SUSPENDED
FLOOR PRIVILEGES
Representative Geren moved to suspend Rule 5, Section 11, of the House
Rules to entitle guests privileges of the floor of the house during the Fallen
Heroes Memorial Ceremony.
The motion prevailed.
SB 982 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Zerwas, the house granted the request of the
senate for the appointment of a Conference Committee on SBi982.
The chair announced the appointment of the following conference
committee, on the part of the house, on SBi982: Zerwas, chair; Morrison, Phelan,
Nevárez, and Geren.
FALLEN HEROES MEMORIAL CEREMONY
In accordance with the provisions of HCRi173, providing for a memorial
session of the house of representatives at 10ia.m. today, to pay tribute to all
members of the U.S. military killed in the line of duty, the Honorable Dennis
Bonnen called the house of representatives to order.
Speaker Bonnen addressed the house and guests, speaking as follows:
Governor, Lieutenant Governor, members of the Texas House and the Texas
Senate, and honored guests, on behalf of the Texas House, we welcome you to
your great state Capitol for today ’s very important ceremony. We are eternally
grateful for everyone here who has worn the uniform of the United States military
and to those who are here in remembrance of the Texas soldiers and the loved
ones who have never come home.
Today, on the Saturday before Memorial Day, we come together to honor the
legions of men and women who have fought, bled, and offered their lives on the
altar of freedom for a cause far greater than themselves. It is fitting that we gather
here in our great Texas Capitol under the banner of our nation ’s flag to
immortalize the sacrifices of these heroes. This chamber has long served as a
battleground for democracy and the freedoms made possible by our departed
heroes. As Texans and Americans, we benefit greatly from the causes they died
for. Because of their sacrifice, we ’re able to freely express ideas, engage in the
democratic process, and enact meaningful change for our fellow Texans each day.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5917
However imperfect that process can be, we know that it is only possible because
of the patriots who over the course of history have paid the ultimate sacrifice for
our liberty.
Hundreds of thousands of men and women with names known only to God
have laid down their lives for that cause. Their legacies are written larger on our
history. And though we never met them, there is much we know to be true. We
know they dreamed of long, full lives just as we all do. They had goals to meet,
plans to make, and loved ones that expected to see them again. Yet despite all of
that, despite a lifetime of ambition, exists a moment in time where each of them
decided to put their own dreams on hold in order to serve our country. So they
gathered up their most cherished hopes in life and tucked them away, only to part
with them forever as God called them home. For the love of country, these heroes
accepted death. In that heroic act, their patriotism was immortalized. The gifts of
freedom were purchased for us, and we were asked for nothing in return.
We can never repay the debts owed to these men and women, but it should
never stop us from trying. When we come to this floor to do the people ’s work,
let us never forget to earn what these great men and women lay their lives down
for and create a state and nation worthy of their sacrifice. Today we honor those
that fell from the line, never knowing the void that would be left behind. Our
words are of small solace to the profound loss their families have suffered, but we
shoulder their burden, and we work today and every day to ensure their legacies
never perish. I want to thank all of you for being here today to honor their
families and their memories.
Speaker Bonnen recognized Senator Donna Campbell who offered
welcoming remarks.
Technical Sergeant Gina Lavender sang the national anthem as the
assemblage rose for the presentation of the colors by Marines of Weapons
Company, 1stiBattalion, 23rd Marine Regiment.
Representative Tinderholt led the assemblage in the pledges of allegiance to
the United States and Texas flags.
Representative Flynn introduced Lieutenant Colonel Harold Bender, Texas
Army National Guard, who offered the invocation as follows:
Most gracious, heavenly Father, we remember with grateful hearts those
who in the day of crisis considered the price of liberty worth paying, even at the
cost of their very lives. If ever there was anything worthy of commemoration,
heavenly Father, it is the courage, duty, and honor of those who gave the full
measure of devotion to this country and the American way of life.
For the contributions signified by the handprints that line the streets of
Hollywood Boulevard, the busts that stand in the halls of fame, and the titles that
hang from buildings of commerce, government, and academia pale in comparison
to the significance of the contribution of the names etched in stone marking the
graves of those who died in freedom ’s defense. For any accomplishment of any
notoriety in any field of endeavor owes its achievement in some part to those who
gave their lives defending our nation. For those accomplishments were achieved
5918 86th LEGISLATURE — REGULAR SESSION
within the protected walls of freedom that they ’ve built and preserved. We owe
our quality of life to the prosperity, security, and peace that is found within those
walls standing on the foundation of the Constitution that they defended with their
lives. No finer human souls have arisen from more hallowed battlegrounds than
those who have laid down their lives that their brothers might live freely.
So on this Memorial Day weekend, Father, we give you thanks for and pay
tribute to those men and women who demonstrated the ultimate devotion to duty.
We honor their lives, their deeds, and their deaths and resolve anew on this
occasion, as citizens of a nation founded upon faith in God almighty, to stand
firm in keeping the peace and preserving the freedoms that others have given
their lives to win. May their example be what inspires us to devote ourselves to
labor and hasten the day when all people in all stages would experience those
ideals that made this a nation worth dying for: That all men are created equal and
are endowed by you, their creator, with the inalienable rights of life, liberty, and
the pursuit of happiness.
Father, I pray that you will bless the loved ones of those whom we honor
today. Fill them with the pride that is truly justified and a comfort that can come
only from you. I make these petitions in the name of the one who laid down his
life for us, the one in whom one has truly found life, liberty, and peace. In
Jesus i’name I pray. Amen.
Representative Flynn laid out and had read HCRi172, paying tribute to the
U.S. military personnel from Texas who lost their lives in the line of duty.
The Armed Forces Medley was played as members and guests rose to their
respective branch ’s song.
Senator Campbell introduced Lieutenant Governor Dan Patrick, who
addressed the house and guests, speaking as follows:
Good morning. It ’s always a great honor to be here. And for the families
who have lost loved ones serving our country, from all of our senators, our
sincerest condolences. So many Texans have died in the fight for freedom and
liberty, and I was reminded of that recently when I was at Normandy at our
national cemetery above the beaches. We were given a name of a soldier who had
died in the battle and given a quadrant in this massive cemetery—given a
quadrant, and a row number, and an exact location to find that gravestone. And as
I walked my way through the cemetery and I walked by all of the tombstones, I
saw so many soldiers from Texas. I finally came upon the gravestone of the name
I had, and it occurred to me that that family probably never knew where their son
was laid to rest. They never visited that gravesite because in those days after
World WariII, the average family did not have the ability or the finances to fly
halfway across the world to visit where their son was laid to rest. So I took a
couple of photos, and I thought that through social media there must be a
descendant somewhere in Texas. And we were able to actually link up during the
session with that family who knew that name and had a chance to share with
them where their relative had been laid to rest.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5919
It ’s a very somber moment of knowing how many people have died for
us––how many young people cut off those landing crafts that day were like
Senator Hinojosa who fought in Vietnam or Senator Birdwell in Iraq, Senator
Bob Hall who served, Senator Pat Fallon who served, and the other members of
the Texas Senate and the Texas House who have served who are not with us here
today––for our freedom and our liberty. Young men and young women who put
themselves on the line not knowing what their future would hold for them. Would
they come back home? And so many didn t’ come back home from so many wars.
So when you grow tired and weary on the house floor or the senate floor, when
you have a bad day and your bill didn t’ pass, or when someone debated you on
the floor and you thought it was a tough day, remember how blessed you are to
have the opportunity to serve this great state. Because you ’re here only
because––as I am and all of those before us in this great legislative body––we are
here because of the men and women who literally laid down their lives to protect
this country and keep our country and our world free. Remember that. It makes
you realize our job is really easy, even on the toughest of days.
Lieutenant Governor Patrick introduced Governor Abbott, who addressed
the house and guests, speaking as follows:
Thank you, Governor Patrick and Speaker Bonnen. It ’s great to be back with
you again. And Senator Campbell, I want to thank you as well as Representative
Flynn, for your commitment to the men and women in the United States military.
I also want to thank all the members here in the legislature and especially our
honored guests. To elaborate a little bit on what you were talking about,
Lieutenant Governor Patrick, one thing that gives me great pride is every time
when we come in here and get to see the number of men and women who are part
of this legislative body stand up and be recognized for your service to the United
States of America. We applaud you and thank you for your service there but also
appreciate your service here. I think you all can probably appreciate as well as
anybody how fitting it is that we gather today in this Capitol to remember and
honor those who gave their lives for our country. You know, for the past few
months, this Capitol literally has been a battleground of democracy. The people
who made that democratic process possible, the people who ensured that we
would even be able to come in here and fight for the ideals of freedom, are the
men and women who have worn the uniform of the United States military.
We are so grateful for every man and women who has ever served, but as we
commemorate Memorial Day, we particularly remember those who made the
ultimate sacrifice for our country. Today, we especially recognize Texas military
members killed while serving since the last legislative session. We honor their
dedication, we remember their sacrifice, and we celebrate their lives. Today we
remember U.S.iArmy Master Sergeant Jonathan Dunbar of Austin, Texas;
U.S.iArmy Sergeant Cameron Meddock of Spearman, Texas; U.S.iArmy
Specialist Alexander Missildine of Tyler, Texas; U.S.iArmy Chief Warrant
Officeri2iLee M.iSmith of Arlington, Texas; and U.S.iArmy Specialist Allen Levi
Stigler Jr.iof Arlington, Texas. The legacy of these extraordinary heroes lives on.
It lives on because they served for a cause far greater then themselves. It ’s a cause
we come in this chamber to fight for, and that is the cause of liberty. We honor
5920 86th LEGISLATURE — REGULAR SESSION
those who gave their all to fight for that liberty, those who went into harm ’s way
to protect the American way, and those who never came home. They stood in the
face of dangers both known and unknown and protected us from all that
threatened.
And for the families of the fallen, we realize that our words are small solace
for the loss that you have suffered. We want you to know how much we treasure
and honor what these sons and husbands and fathers and brothers have sacrificed
for us all. And speaking on behalf of all Texans, I want you to know that we will
work every single day to deserve what your family has sacrificed for us. We will
continue on the homeland to fight for the freedom that they died for on lands
across the globe. On this day, we say thank you, and we remember those who
served our country and who died for liberty. May God bless our military, and may
God forever bless the United States of America.
Governor Abbott presented a flag flown over the Capitol to family members
of Master Sergeant Jonathan J.iDunbar, Army (Austin), as Senator Campbell and
Representative Flynn read the names of additional fallen soldiers:
Sergeant Cameron A.iMeddock, Army (Spearman); Specialist
Alexander W. Missildine, Army (Tyler); Chief Warrant Officer 2 Lee
M. Smith, Army (Arlington); Specialist Allen L. StigleriJr., Army
(Arlington).
The assemblage observed a moment of silence broken by "Amazing Grace"
sung by Technical Sergeant Gina Lavender, followed by a 21-gun salute fired by
the Texas Army National Guard Salute Battery.
"Taps" was played in the gallery by Sergeant Christopher Washington and a
bagpipe processional was performed by Sergeant Eric Morgan on the floor of the
house chamber.
Lieutenant Colonel Harold Bender, Texas Army National Guard,
pronounced the benediction.
Representative Flynn addressed the house and guests, speaking as follows:
It is a great honor to pay tribute to those brave men on this day. For many of
us who have served, it is a reminder of those people that we served with that
didn t’ return. I want to thank all the members for being here today to memorialize
these brave men forever in our hearts and in our state ’s memory. Without the
sacrifices of men like the ones we honor here today, and many before them, we
would not have the freedoms that we enjoy today. So I ask that you all remember
the names of these men, your former constituents, in all that you do. May God
bless each of you, the United States of America, and the great State of Texas.
Speaker Bonnen thanked the attendees of the ceremony with the following
closing remarks:
Speaking on behalf of those who work and serve in our state Capitol, thank
you to everyone who attended today s’ memorial ceremony. Memorial Day is a
sombering reminder of the extraordinary cost of our freedom. It is our duty as a
grateful nation to recognize those who have paid that price today and every day.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5921
HOUSE AT EASE
At 10:50 a.m., the chair announced that the house would stand at ease
pending the departure of guests.
The chair called the house to order at 11:06 a.m.
RECESS
Representative Krause moved that the house recess until 4:30 p.m. today.
The motion prevailed.
The house accordingly, at 11:07 a.m., recessed until 4:30 p.m. today.
AFTERNOON SESSION
The house met at 4:31ip.m. and was called to order by the speaker.
HR 2184 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2184, suspending the limitations on the conferees for
SBi2.
HR 2186 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2186, suspending the limitations on the conferees for
HBi3.
HR 2179 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2179, suspending the limitations on the conferees for
SBi500.
HR 2180 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2180, suspending the limitations on the conferees for
HBi1.
MESSAGES FROM THE SENATE
Messages from the senate were received at this time (see the addendum to
the daily journal, Messages from the Senate, Message No. 1).
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of
today because of important business:
J.D. Johnson on motion of C. Bell.
HCR 186 - ADOPTED
(by Darby)
The following privileged resolution was laid before the house:
5922 86th LEGISLATURE — REGULAR SESSION
HCR 186
WHEREAS, HBi3371 has been adopted by the senate and the house of
representatives and is being prepared for enrollment; and
WHEREAS, The bill contains a technical error that should be corrected;
now, therefore, be it
RESOLVED by the 86th Legislature of the State of Texas, That the enrolling
clerk of the house of representatives be instructed to make the following
correction to the enrolled version of HBi3371:
In SECTION 1 of the bill, strike added Section 250.009(c)(2), Local
Government Code, and substitute the following:
(2)iiimposes installation or operational requirements for:
(A)iithe battery-charged fence that are inconsistent with the
standards set by the International Electrotechnical Commission as published on
June 29, 2018; or
(B)iian alarm system described by Subsection (b); or
HCR 186 was adopted by (Record 1927): 146 Yeas, 0 Nays, 1 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel;
Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren;
Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra;
Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa;
Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King,
P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach;
Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf;
Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz;
Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie;
Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond;
Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen;
Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland;
Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt;
Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu;
Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, S.; Johnson, E.; Johnson, J.D.
HCR 187 - ADOPTED
(by Miller)
The following privileged resolution was laid before the house:
HCR 187
WHEREAS, HBi4712 has been adopted by the house of representatives and
the senate and is being prepared for enrollment; and
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5923
WHEREAS, The bill contains a technical error that should be corrected;
now, therefore, be it
RESOLVED by the 86th Legislature of the State of Texas, That the enrolling
clerk of the house of representatives be instructed to make the following
correction:
Strike the SECTION of the bill adding Section 8334.003, Special District
Local Laws Code, as added by Floor Amendment No.i1 by Creighton.
HCR 187 was adopted by (Record 1928): 146 Yeas, 0 Nays, 1 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel;
Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren;
Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra;
Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa;
Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King,
P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach;
Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf;
Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz;
Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie;
Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond;
Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen;
Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland;
Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt;
Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu;
Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, S.; Johnson, E.; Johnson, J.D.
HB 2402 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Geren submitted the following conference committee report
on HBi2402:
Austin, Texas, Mayi23, 2019
The Honorable Dan Patrick
President of the Senate
The Honorable Dennis Bonnen
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences
between the senate and the house of representatives on HBi2402 have had the
same under consideration, and beg to report it back with the recommendation that
it do pass in the form and text hereto attached.
Fallon Geren
5924 86th LEGISLATURE — REGULAR SESSION
Alvarado Kuempel
Flores Goldman
Hancock T. King
Paxton
On the part of the senate On the part of the house
HBi2402, A bill to be entitled An Act relating to the eligibility of certain
events to receive funding through the Major Events Reimbursement Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 5A(a)(4) and (5), Chapter 1507 (SBi456), Acts of the
76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon ’s Texas Civil
Statutes), are amended to read as follows:
(4)ii"Event" means a Super Bowl, a National Collegiate Athletic
Association Final Four tournament game, the National Basketball Association
All-Star Game, the X Games, the National Hockey League All-Star Game, the
Major League Baseball All-Star Game, a game of the National Collegiate
Athletic Association Bowl Championship Series or its successor or a National
Collegiate Athletic Association Division I Football Bowl Subdivision postseason
playoff or championship game, a Big 12 Football Conference Championship
game, the National Collegiate Athletic Association men ’s or women ’s lacrosse
championships, a World Cup Soccer game, the World Cup soccer tournament, the
Major League Soccer All-Star Game, the Major League Soccer Cup, the
Professional Rodeo Cowboys Association National Finals Rodeo, an Elite Rodeo
Association World Championship, the United States Open Championship, the
World Games, a national collegiate championship of an amateur sport sanctioned
by the national governing body of the sport that is recognized by the United
States Olympic Committee, an Olympic activity, including a Junior or Senior
activity, training program, or feeder program sanctioned by the United States
Olympic Committee ’s Community Olympic Development Program, the Amateur
Athletic Union Junior Olympic Games, a mixed martial arts championship, a
World Wrestling Entertainment WrestleMania event, the Breeders ’ Cup World
Championships, a Formula One automobile race, the Moto Grand Prix of the
United States, the National Association for Stock Car Auto Racing (NASCAR)
All-Star Race, the season-ending Championship Race for the National
Association for Stock Car Auto Racing (NASCAR), the Academy of Country
Music Awards, the National Cutting Horse Association Triple Crown, a
championship event in the National Reined Cow Horse Association (NRCHA)
Championship Series, a CONVRG conference, a national political convention of
the Republican National Committee or the Democratic National Committee, a
presidential general election debate, or the largest event held each year at a sports
entertainment venue in this state with a permanent seating capacity, including
grandstand and premium seating, of not less than 125,000. The term includes any
activities related to or associated with an event.
(5)ii"Site selection organization" means:
(A)iithe National Football League, the National Collegiate Athletic
Association, the Big 12 Conference, the National Basketball Association, ESPN
or an affiliate, the National Hockey League, Major League Baseball, the
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5925
Federation Internationale de Football Association (FIFA), the International World
Games Association, the National Association for Stock Car Auto Racing
(NASCAR), Dorna Sports, the Amateur Athletic Union, the Professional Rodeo
Cowboys Association, the Elite Rodeo Association, Major League Soccer, the
United States Golf Association, or the United States Olympic Committee;
(B)iithe national governing body of a sport that is recognized by the
United States Olympic Committee, the National Thoroughbred Racing
Association, Formula One Management Limited, or the Federation Internationale
de l ’Automobile;
(C)iithe Academy of Country Music;
(D)iithe National Cutting Horse Association;
(E)iithe National Reined Cow Horse Association (NRCHA);
(F)iiEncore Live;
(G)iithe Republican National Committee or the Democratic
National Committee;
(H)i[(F)]iithe Ultimate Fighting Championship;
(I)iiWorld Wrestling Entertainment; or
(J)i[(G)]iithe Commission on Presidential Debates.
SECTIONi2.iiThis 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, 2019.
Representative Geren moved to adopt the conference committee report on
HBi2402.
The motion to adopt the conference committee report on HBi2402 prevailed
by (Record 1929): 122 Yeas, 18 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bonnen; Bowers; Buckley; Bucy;
Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier;
Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton;
Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty;
Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause;
Kuempel; Lambert; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio;
Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales;
Morrison; Murphy; Nevárez; Noble; Ortega; Pacheco; Paddie; Parker; Perez;
Phelan; Price; Ramos; Raney; Raymond; Rodriguez; Rose; Rosenthal; Sanford;
Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky;
Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo;
Walle; White; Wray; Wu; Zerwas.
Nays — Bohac; Burns; Cain; Landgraf; Lang; Middleton; Miller; Muñoz;
Murr; Oliverson; Patterson; Paul; Shaheen; Stickland; Swanson; Thompson, E.;
Tinderholt; Wilson.
5926 86th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, S.; Johnson, E.; Johnson, J.D.
Absent — Neave; Reynolds; Romero; Schaefer; Zedler; Zwiener.
STATEMENTS OF VOTE
When Record No. 1929 was taken, I was shown voting yes. I intended to
vote no.
Ashby
When Record No. 1929 was taken, I was shown voting yes. I intended to
vote no.
Hefner
When Record No. 1929 was taken, I was shown voting yes. I intended to
vote no.
Holland
When Record No. 1929 was taken, I was shown voting yes. I intended to
vote no.
Leman
When Record No. 1929 was taken, I was in the house but away from my
desk. I would have voted yes.
Neave
When Record No. 1929 was taken, I was in the house but away from my
desk. I would have voted no.
Romero
When Record No. 1929 was taken, I was in the house but away from my
desk. I would have voted no.
Schaefer
When Record No. 1929 was taken, I was shown voting yes. I intended to
vote no.
White
When Record No. 1929 was taken, my vote failed to register. I would have
voted no.
Zedler
When Record No. 1929 was taken, I was in the house but away from my
desk. I would have voted yes.
Zwiener
SB 18 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Geren submitted the conference committee report on SBi18.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5927
Representative Geren moved to adopt the conference committee report on
SBi18.
The motion to adopt the conference committee report on SBi18 prevailed by
(Record 1930): 106 Yeas, 37 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.;
Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Calanni;
Capriglione; Clardy; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton;
Farrar; Fierro; Flynn; Frank; Frullo; Geren; Goldman; Guerra; Guillen; Gutierrez;
Harless; Harris; Hefner; Hernandez; Holland; Huberty; Hunter; Kacal; King, K.;
King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson;
Leach; Leman; Longoria; Lozano; Lucio; Martinez; Metcalf; Meza; Middleton;
Miller; Moody; Morrison; Murphy; Murr; Neave; Nevárez; Noble; Oliverson;
Pacheco; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Raymond;
Reynolds; Romero; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith;
Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.;
Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; White; Wilson; Wray; Wu;
Zedler; Zerwas.
Nays — Anchia; Beckley; Bernal; Blanco; Bowers; Canales; Cole;
Coleman; Collier; Cortez; Dominguez; Gervin-Hawkins; González, J.; González,
M.; Goodwin; Herrero; Hinojosa; Howard; Israel; Lopez; Martinez Fischer;
Minjarez; Morales; Muñoz; Ortega; Perez; Ramos; Rodriguez; Rose; Rosenthal;
Sherman; Talarico; Thierry; Thompson, S.; Vo; Walle; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, S.; Johnson, E.; Johnson, J.D.
Absent — Bucy; Johnson, J.E.; Meyer.
STATEMENTS OF VOTE
When Record No. 1930 was taken, my vote failed to register. I would have
voted no.
J.E. Johnson
When Record No. 1930 was taken, I was in the house but away from my
desk. I would have voted yes.
Meyer
When Record No. 1930 was taken, I was shown voting yes. I intended to
vote no.
Romero
SB 1511 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Cyrier submitted the conference committee report on
SBi1511.
Representative Cyrier moved to adopt the conference committee report on
SBi1511.
5928 86th LEGISLATURE — REGULAR SESSION
The motion to adopt the conference committee report on SBi1511 prevailed
by (Record 1931): 144 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Dominguez;
Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty;
Hunter; Israel; Johnson, J.E.; King, K.; King, P.; King, T.; Klick; Krause;
Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez;
Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton;
Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave;
Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul;
Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero;
Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith;
Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry;
Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.;
VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C); Deshotel.
Absent, Excused — Davis, S.; Johnson, E.; Johnson, J.D.
Absent — Kacal.
HB 812 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative White submitted the following conference committee report
on HBi812:
Austin, Texas, May 21, 2019
The Honorable Dan Patrick
President of the Senate
The Honorable Dennis Bonnen
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences
between the senate and the house of representatives on HBi812 have had the
same under consideration, and beg to report it back with the recommendation that
it do pass in the form and text hereto attached.
Whitmire White
Buckingham Allen
Huffman Bailes
Miles Neave
Perry Stephenson
On the part of the senate On the part of the house
HBi812, A bill to be entitled An act relating to the amount of the health care
services fee paid by certain inmates.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5929
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 501.063(a)(1), Government Code, is amended to read
as follows:
(1)iiAn inmate confined in a facility operated by or under contract with
the department, other than a halfway house, who initiates a visit to a health care
provider shall pay a health care services fee to the department in the amount of
$13.55iper visit, except that an inmate may not be required to pay more than
$100iduring a state fiscal year [$100].
SECTIONi2.iiSection 501.063(a)(2), Government Code, is repealed.
SECTIONi3.iiThis Act takes effect September 1, 2019.
Representative White moved to adopt the conference committee report on
HBi812.
The motion to adopt the conference committee report on HBi812 prevailed
by (Record 1932): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel;
Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren;
Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra;
Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa;
Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King,
P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach;
Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf;
Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy;
Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker;
Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds;
Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman;
Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson;
Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.;
Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas;
Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, S.; Johnson, E.; Johnson, J.D.
Absent — Moody; Schaefer.
STATEMENT OF VOTE
When Record No. 1932 was taken, I was in the house but away from my
desk. I would have voted yes.
Schaefer
SB 568 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative G. Bonnen submitted the conference committee report on
SBi568.
5930 86th LEGISLATURE — REGULAR SESSION
Representative G. Bonnen moved to adopt the conference committee report
on SBi568.
The motion to adopt the conference committee report on SBi568 prevailed
by (Record 1933): 131 Yeas, 10 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman;
Collier; Cortez; Craddick; Cyrier; Darby; Dean; Deshotel; Dominguez; Dutton;
Farrar; Fierro; Flynn; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.;
González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hernandez; Herrero;
Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King,
K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach;
Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf;
Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy;
Nevárez; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price;
Ramos; Raney; Raymond; Reynolds; Rodriguez; Rose; Rosenthal; Sanford;
Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson;
Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.;
Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu;
Zedler; Zerwas; Zwiener.
Nays — Cain; Frank; Harless; Hefner; Krause; Lang; Murr; Noble;
Patterson; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, S.; Johnson, E.; Johnson, J.D.
Absent — Davis, Y.; Middleton; Neave; Romero; Schaefer.
STATEMENTS OF VOTE
When Record No. 1933 was taken, I was in the house but away from my
desk. I would have voted yes.
Y. Davis
When Record No. 1933 was taken, I was in the house but away from my
desk. I would have voted yes.
Middleton
When Record No. 1933 was taken, I was in the house but away from my
desk. I would have voted yes.
Neave
When Record No. 1933 was taken, I was in the house but away from my
desk. I would have voted yes.
Romero
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5931
When Record No. 1933 was taken, I was in the house but away from my
desk. I would have voted no.
Schaefer
When Record No. 1933 was taken, I was shown voting yes. I intended to
vote no.
Zedler
HB 4749 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Schaefer submitted the following conference committee
report on HBi4749:
Austin, Texas, May 24, 2019
The Honorable Dan Patrick
President of the Senate
The Honorable Dennis Bonnen
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences
between the senate and the house of representatives on HBi4749 have had the
same under consideration, and beg to report it back with the recommendation that
it do pass in the form and text hereto attached.
Hughes Schaefer
Nichols Hefner
Rodriguez Shaheen
Schwertner Lang
Fallon
On the part of the senate On the part of the house
HBi4749, A bill to be entitled An Act relating to the creation of the Rose
City Municipal Utility District; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose assessments
and fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle F, Title 6, Special District Local Laws Code, is
amended by adding Chapter 7958 to read as follows:
CHAPTER 7958. ROSE CITY MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i7958.0101.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the district ’s board of directors.
(2)ii"City" means the City of Tyler.
(3)ii"Commission" means the Texas Commission on Environmental
Quality.
(4)ii"Director" means a board member.
(5)ii"District" means the Rose City Municipal Utility District.
(6)ii"Utility commission" means the Public Utility Commission of
Texas.
5932 86th LEGISLATURE — REGULAR SESSION
Sec.i7958.0102.iiNATURE OF DISTRICT. The district is a municipal utility
district created under Section 59, Article XVI, Texas Constitution.
Sec.i7958.0103.iiCONFIRMATION ELECTION REQUIRED. The initial
directors appointed under Section 7958.0201 shall hold an election to confirm the
creation of the district as provided by Section 49.102, Water Code.
Sec.i7958.0104.iiCONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7958.0103 until each
municipality in whose corporate limits or extraterritorial jurisdiction the district is
located has consented by ordinance or resolution to the creation of the district and
to the inclusion of land in the district.
Sec.i7958.0105.iiFINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b)iiThe district is created to accomplish the purposes of a municipal utility
district as provided by general law and Section 59, Article XVI, Texas
Constitution.
Sec.i7958.0106.iiINITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the Act enacting this
chapter.
(b)iiThe boundaries and field notes contained in Section 2 of the Act
enacting this chapter form a closure. A mistake made in the field notes or in
copying the field notes in the legislative process does not affect the district ’s:
(1)iiorganization, existence, or validity;
(2)iiright to issue any type of bond for the purposes for which the
district is created or to pay the principal of and interest on a bond; or
(3)iilegality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.i7958.0201.iiGOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors appointed as follows:
(1)iithree directors appointed by the city; and
(2)iitwo directors appointed by the Smith County Commissioners Court.
(b)iiDirectors serve staggered four-year terms.
(c)iiThe appointing entities shall appoint the initial directors not later than
September 1, 2020. The initial directors appointed under Subsection (a)(1) serve
a four-year term, and the directors appointed under Subsection (a)(2) serve a
two-year term. This subsection expires September 1, 2023.
S e c . i 7 9 5 8 . 0 2 0 2 . i i Q U A L I F I C AT I O N S O F D I R E C T O R S . ( a )
Notwithstanding any other law:
(1)iian officer or employee of the city may serve as a director of the
district; and
(2)iia member of the governing body of the city may serve as a director
of the district.
(b)iiA person who qualifies to serve as a director is qualified to participate in
all votes pertaining to the business of the district, subject to Section 49.058,
Water Code.
(c)iiSection 49.052, Water Code, does not apply to the district.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5933
Sec.i7958.0203.iiCOMPENSATION; REIMBURSEMENT. A director
serves without compensation but may receive reimbursement for actual expenses
reasonably and necessarily incurred while engaging in activities on behalf of the
district.
SUBCHAPTER C. POWERS AND DUTIES
Sec.i7958.0301.iiGENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which the district is
created.
Sec.i7958.0302.iiMUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. (a) Subject to Subsection (b), the district has the powers and duties
provided by the general law of this state, including Chapters 49 and 54, Water
Code, applicable to municipal utility districts created under Section 59, Article
XVI, Texas Constitution.
(b)iiThe district may provide only sewer and wastewater services, including
the acquisition, construction, contracting, financing, maintenance, operation, and
planning of sewer and wastewater facilities or systems.
Sec.i7958.0303.iiCOMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under Section
54.016ior 54.0165, Water Code, and that consents to the creation of the district or
to the inclusion of land in the district.
Sec.i7958.0304.iiLIMITED POWER OF EMINENT DOMAIN. The district
may exercise the power of eminent domain only for the limited purpose of
acquiring or constructing sewer and wastewater facilities.
Sec.i7958.0305.iiCONTRACTING. The district may contract with a
political subdivision or private operator to operate and maintain the district ’s
sewer and wastewater facilities.
Sec.i7958.0306.iiCERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY. (a) Notwithstanding Chapter 13, Water Code, the district may
provide sewer and wastewater service without a certificate of convenience and
necessity.
(b)iiNot later than the 30th day before the date the district intends to provide
sewer and wastewater service, the district must notify the utility commission and
each retail public utility that provides sewer and wastewater services in the
district.
(c)iiIf the district does not acquire a retail public utility that holds a
certificate of public convenience and necessity for providing sewer and
wastewater service in the district territory, the district shall:
(1)iinot later than the 30th day after the date the district begins
providing sewer and wastewater service, petition the utility commission to
decertify the territory inside the district of the existing certificate holder; and
(2)iicompensate the existing certificate holder in an amount determined
by the utility commission.
Sec.i7958.0307.iiPROFESSIONAL SERVICES. The district may contract
with a political subdivision to provide professional services for the district,
including legal services related to the exercise of eminent domain.
5934 86th LEGISLATURE — REGULAR SESSION
Sec.i7958.0308.iiSUPERMAJORITY VOTE REQUIRED FOR CERTAIN
ACTIONS. At least four board members must vote in favor of a resolution before
the board may:
(1)iiincrease rates or assessments by more than five percent;
(2)iiincur debt or increase the amount of debt that the district has
outstanding; or
(3)iiorder a dissolution election under Section 7958.0601.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec.i7958.0401.iiELECTIONS REGARDING BONDS. The district may
issue, without an election, bonds and other obligations secured by revenue other
than ad valorem taxes.
Sec.i7958.0402.iiPROHIBITION ON IMPOSITION OF TAXES. (a) The
district may not impose an ad valorem tax for any purpose.
(b)iiSection 49.107, Water Code, does not apply to the district.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec.i7958.0501.iiAUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations payable
wholly or partly from impact fees, revenue, contract payments, grants, or other
district money, or any combination of those sources, to pay for any authorized
district purpose.
SUBCHAPTER F. DISSOLUTION BY ELECTION
Sec.i7958.0601.iiDISSOLUTION ELECTION CALLED BY BOARD. The
board may order an election on the question of dissolving the district and
transferring the district ’s assets and obligations to another political subdivision of
the state, if the board concludes after a public hearing held on the issue that it is in
the best interest of the district ’s residents and of the persons served by the district
for the district to dissolve.
Sec.i7958.0602.iiDISSOLUTION ELECTION CALLED BY PETITION.
The board shall order an election on the question of dissolving the district and
transferring the district s’ assets and obligations to another political subdivision of
the state if the board receives a petition requesting an election on that question.
The petition must be signed by at least 15 percent of the district ’s registered
voters.
Sec.i7958.0603.iiELECTION ORDER. An order calling an election held
under this subchapter must state:
(1)iithe nature of the election, including the proposition that is to appear
on the ballot;
(2)iithe date of the election;
(3)iithe hours during which the polls will be open; and
(4)iithe location of the polling places.
Sec.i7958.0604.iiNOTICE OF DISSOLUTION ELECTION. (a) The board
shall give notice of an election ordered under this subchapter by publishing a
substantial copy of the election order in a newspaper with general circulation in
the district once a week for two consecutive weeks.
(b)iiThe first publication must appear not later than the 30th day before the
date set for the election.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5935
Sec.i7958.0605.iiAPPLICABILITY OF UNIFORM ELECTION DATES.
Section 41.001, Election Code, does not apply to an election held under this
subchapter.
Sec.i7958.0606.iiELECTION RESULTS. (a) If a majority of the votes in an
election held under this subchapter favor dissolution, the board shall order that
the district be dissolved.
(b)iiIf a majority of the votes in an election held under this subchapter do not
favor dissolution, the board shall continue to administer the district, and another
election on the question of dissolution may not be held before the first
anniversary of the date of the most recent election held on the question of
dissolving the district.
Sec.i7958.0607.iiTRANSFER OF ASSETS, OBLIGATIONS, AND
PROVISION OF SERVICES. (a) As soon as practicable following the issuance
of an order under Section 7958.0606(a), the board shall:
(1)iibegin the process of transferring the district ’s assets and obligations
to one or more political subdivisions in a fair and equitable manner; and
(2)iiadminister the property, assets, and debts of the district until all
money has been disposed of and all district debts have been paid or settled.
(b)iiIf the district provides services, the board or a receiver appointed under
Section 7958.0608 shall make arrangements for the uninterrupted provision of
services.
Sec.i7958.0608.iiRECEIVER. If the executive director of the commission
determines that the board has failed to make substantial progress in transferring
the district ’s assets and obligations to one or more political subdivisions in a fair
and equitable manner, the executive director shall appoint a receiver for the
district.
Sec.i7958.0609.iiREPORT; DISSOLUTION ORDER. (a) After the district
has transferred all of the district ’s assets and obligations and has arranged for the
continued provision of services provided by the district, if applicable, the board
shall file a written report with the commission summarizing the board ’s actions in
dissolving the district.
(b)iiNot later than the 10th day after the date the commission receives the
report and determines that the requirements of this subchapter have been fulfilled,
the commission shall enter an order dissolving the district.
SUBCHAPTER G. ANNEXATION OF LAND
Sec.i7958.0701.iiGENERAL ANNEXATION PROVISIONS. (a) Except as
provided by this section, Subchapter J, Chapter 49, Water Code, applies to the
district.
(b)iiIn addition to the requirements of Section 49.302(b), Water Code, the
petition must also be signed by a majority of registered voters in the defined area
to be annexed.
Sec.i7958.0702.iiRETALIATION FOR ANNEXATION DISAPPROVAL
PROHIBITED. (a) The disapproval of the proposed annexation of an area by the
district does not affect any existing legal obligation of the district to continue to
provide services in the area, including wastewater services.
5936 86th LEGISLATURE — REGULAR SESSION
(b)iiThe district may not initiate a rate proceeding solely because of the
disapproval of a proposed annexation of an area.
SECTIONi2.iiThe Rose City Municipal Utility District initially includes all
the territory contained in the following area:
BEING a 21,118 acre tract of land situated in Smith County, Texas, said
21,118iacre tract being more completely described by metes and bounds as
follows:
BEGINNING at the intersection of the centerline of State Highway No.i155 with
State Highway 57 (West Grande Boulevard);
THENCE Easterly with the centerline of West Grande Boulevard to its
intersection with F.M. 2493 (Old Jacksonville Highway);
THENCE Southwesterly with the centerline of F.M. 2493 (Old Jacksonville
Highway) to its intersection with Three Lakes Parkway;
THENCE Southeasterly with the centerline of Three Lakes Parkway to its
intersection with Dueling Oaks;
THENCE Easterly with the centerline of Dueling Oaks to its intersection with
Hollytree Drive;
THENCE Southwesterly with the centerline of Hollytree Drive to its intersection
with Maple Lane;
THENCE Southerly with the centerline of Maple Lane to its intersection with
West Cumberland Road;
THENCE Easterly with the centerline of West Cumberland Road to its
intersection with U.S. Highway 69 (South Broadway Ave.);
THENCE Southerly with the centerline of U.S. Highway 69 (South Broadway
Ave.) to its intersection with Loop 49;
THENCE Northeasterly with the centerline of Loop 49 to its intersection with
F.M. 756 (South Paluxy Drive);
THENCE Southeasterly with the centerline of F.M. 756 (South Paluxy Drive) to
its intersection with F.M. 346;
THENCE Southwesterly with the centerline of F.M. 346 to its intersection with
County Road 15;
THENCE Southerly with the centerline of County Road 15 to its intersection
with County Road 129;
THENCE Northeasterly with the centerline of County Road 129 to its
intersection with County Road 112;
THENCE with the centerline of County Road 112 to its intersection with County
Road 113;
THENCE with the centerline of County Road 113 to its intersection with County
Road 152;
THENCE Southwesterly with the centerline of County Road 152 to its
intersection with U.S.iHighway No.i69;
THENCE Southeasterly with the centerline of U.S. Highway No.i69 to its
intersection with the South boundary line of Liberty Utilities (Woodmark) CCN
20679 as shown by digital map on 3-08-2019iper the Public Utility Commission
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5937
of Texas website, same being on the East boundary line of the City of Bullard,
Texas, Sewer CCN 20903 as shown by digital map on 3-08-2019iper the Public
Utility Commission of Texas website;
THENCE Southwesterly with said East boundary line of Bullard, Texas CCN
20903 and South boundary line of Liberty Utilities (Woodmark) CCN 20679 to
its intersection with Tyler and Bullard ETJ Agreement Boundary;
THENCE South 878 24 min 9 sec West with a distance of 228.46 ft;
THENCE South 878 15 min 49 sec West with a distance of 1,411.05 ft;
THENCE North 38 23 min 18 sec West with a distance of 116.67 ft;
THENCE South 578 12 min 37 sec West with a distance of 519.18 ft to its
intersection with F. M. 2493;
THENCE Northwesterly with the centerline of F.M. 2493 to an ell corner in the
West line of said CCN 20679;
THENCE West continuing with the West boundary line of said CCN 20679 to its
intersection with the centerline of County Road 173 and being the Westerly
Southwest corner of said CCN 20679;
THENCE Northerly with the centerline of County Road 173 to its intersection
with the centerline of County Road 175;
THENCE Westerly with the centerline of County Road 175 to its intersection
with the centerline of F.M. 346;
THENCE Westerly with the centerline of F.M. 346 to its intersection with the
centerline of County Road 185 (Oak Hollow Road);
THENCE Westerly with the centerline of County Road 185 to its intersection
with the centerline of County Road 178 (Old Palestine Highway);
THENCE Northeasterly with the centerline of County Road 178 (Old Palestine
Highway) to its intersection with the centerline of County Road 168 (Saline
Creek Road);
THENCE Northeasterly with the centerline of County Road 168 to its
intersection with the centerline of County Road 178 (Jonestown Road);
THENCE North with the centerline of County Road 178 to its intersection with
the centerline of County Road 192 (Old Noonday Road);
THENCE Northeasterly with the centerline of County Road 192 to its
intersection with the centerline of County Road 193 (Taylor Road);
THENCE Northwesterly with the centerline of County Road 193 to its
intersection with the centerline of State Highway No.i155;
THENCE Northeasterly with the centerline of State Highway No.i155 to the
place of beginning containing 21,118 acres of land, plus or minus.
"This document was prepared under 22 TAC §663.21, does not reflect the results
of an on the ground survey, and is not to be used to convey or establish interests
in real property except those rights and interests implied or established by the
creation or reconfiguration of the boundary of the political subdivision for which
it was prepared."
The acreage shown were calculated from aerial photography and are an
approximation only.
5938 86th LEGISLATURE — REGULAR SESSION
SECTIONi3.ii(a) The legal notice of the intention to introduce this Act,
setting forth the general substance of this Act, has been published as provided by
law, and the notice and a copy of this Act have been furnished to all persons,
agencies, officials, or entities to which they are required to be furnished under
Section 59, Article XVI, Texas Constitution, and Chapter 313, Government
Code.
(b)iiThe governor, one of the required recipients, has submitted the notice
and Act to the Texas Commission on Environmental Quality.
(c)iiThe Texas Commission on Environmental Quality has filed its
recommendations relating to this Act with the governor, the lieutenant governor,
and the speaker of the house of representatives within the required time.
(d)iiAll requirements of the constitution and laws of this state and the rules
and procedures of the legislature with respect to the notice, introduction, and
passage of this Act are fulfilled and accomplished.
SECTIONi4.ii(a) Section 7958.0304, Special District Local Laws Code, as
added by Section 1 of this Act, takes effect only if this Act receives a two-thirds
vote of all the members elected to each house.
(b)iiIf this Act does not receive a two-thirds vote of all the members elected
to each house, Subchapter C, Chapter 7958, Special District Local Laws Code, as
added by Section 1 of this Act, is amended by adding Section 7958.0304 to read
as follows:
Sec.i7958.0304.iiNO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
(c)iiThis section is not intended to be an expression of a legislative
interpretation of the requirements of Section 17(c), Article I, Texas Constitution.
SECTIONi5.iiThis Act takes effect September 1, 2019.
Representative Schaefer moved to adopt the conference committee report on
HBi4749.
The vote of the house was taken on the motion to adopt the conference
committee report on HBi4749 and the vote was announced yeas 69, nays 70.
A verification of the vote was requested and was granted.
The roll of those voting yea and nay was again called and the verified vote
resulted, as follows (Record 1934): 75 Yeas, 62 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Beckley; Bell, K.; Biedermann;
Blanco; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows; Cain; Canales; Cyrier;
Darby; Dean; Deshotel; Flynn; Frank; Geren; Guillen; Harless; Harris; Hefner;
Holland; Howard; Huberty; Israel; King, P.; Klick; Krause; Lang; Leach; Leman;
Longoria; Lozano; Metcalf; Meyer; Middleton; Miller; Moody; Morrison;
Murphy; Murr; Nevárez; Noble; Paddie; Patterson; Phelan; Ramos; Raney;
Raymond; Rodriguez; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith;
Smithee; Stephenson; Swanson; Talarico; Thierry; Tinderholt; Toth; VanDeaver;
Walle; White; Wilson; Wray; Zedler.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5939
Nays — Allen; Anchia; Bell, C.; Bernal; Bowers; Button; Calanni;
Capriglione; Cole; Coleman; Collier; Cortez; Craddick; Davis, Y.; Dominguez;
Fierro; Frullo; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin;
Guerra; Gutierrez; Hernandez; Hinojosa; Johnson, J.E.; Kacal; King, K.; King,
T.; Kuempel; Lambert; Landgraf; Larson; Lopez; Martinez; Martinez Fischer;
Meza; Minjarez; Morales; Muñoz; Neave; Oliverson; Ortega; Pacheco; Parker;
Paul; Perez; Price; Rose; Rosenthal; Sherman; Springer; Stickland; Stucky;
Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Wu; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C); Hunter.
Absent, Excused — Davis, S.; Johnson, E.; Johnson, J.D.
Absent — Clardy; Dutton; Farrar; Herrero; Lucio; Reynolds; Romero; Vo.
The chair stated that the motion to adopt the conference committee report on
HBi4749 prevailed by the above vote.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for the remainder of
today because of important business:
Lucio on motion of Longoria.
Vo on motion of Bernal.
The following members were granted leaves of absence for the remainder of
today because of family business:
Herrero on motion of Rodriguez.
Romero on motion of Neave.
SB 583 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Rose submitted the conference committee report on SBi583.
Representative Rose moved to adopt the conference committee report on
SBi583.
The motion to adopt the conference committee report on SBi583 prevailed
by (Record 1935): 118 Yeas, 17 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Blanco; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows;
Button; Calanni; Canales; Capriglione; Cole; Coleman; Collier; Cortez;
Craddick; Cyrier; Darby; Davis, Y.; Dominguez; Dutton; Fierro; Flynn; Frank;
Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin;
Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Hinojosa; Holland;
Howard; Huberty; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.;
Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez;
Lozano; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales;
Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Ortega; Pacheco;
Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Rodriguez;
5940 86th LEGISLATURE — REGULAR SESSION
Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Springer;
Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.;
Turner, J.; VanDeaver; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Biedermann; Cain; Dean; Hefner; Krause; Lang; Metcalf;
Middleton; Oliverson; Patterson; Schaefer; Shaheen; Stickland; Swanson;
Tinderholt; Toth; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, S.; Herrero; Johnson, E.; Johnson, J.D.; Lucio;
Romero; Vo.
Absent — Bowers; Clardy; Deshotel; Farrar; Hunter; Martinez; Reynolds.
STATEMENTS OF VOTE
When Record No. 1935 was taken, I was shown voting yes. I intended to
vote no.
Harris
When Record No. 1935 was taken, I was in the house but away from my
desk. I would have voted no.
Hunter
When Record No. 1935 was taken, I was shown voting yes. I intended to
vote no.
Leman
When Record No. 1935 was taken, my vote failed to register. I would have
voted yes.
Martinez
When Record No. 1935 was taken, I was shown voting yes. I intended to
vote no.
Paul
HB 1504 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Paddie submitted the following conference committee report
on HBi1504:
Austin, Texas, May 23, 2019
The Honorable Dan Patrick
President of the Senate
The Honorable Dennis Bonnen
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences
between the senate and the house of representatives on HBi1504 have had the
same under consideration, and beg to report it back with the recommendation that
it do pass in the form and text hereto attached.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5941
Nichols Paddie
Birdwell Lambert
Buckingham Nevárez
Hall Schaefer
Toth
On the part of the senate On the part of the house
HBi1504, A bill to be entitled An Act relating to the continuation and
functions of the Texas Medical Board; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 151.004, Occupations Code, is amended to read as
follows:
Sec.i151.004.iiAPPLICATION OF SUNSET ACT. The Texas Medical
Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is abolished and this
subtitle and Chapters 204, 205, 206, 601, 602, 603, and 604 expire September 1,
2031 [2019].
SECTIONi2.iiSection 152.010, Occupations Code, is amended by amending
Subsection (b) and adding Subsection (d) to read as follows:
(b)iiThe training program must provide the person with information
regarding:
(1)iithe law governing board operations [this subtitle];
(2)iithe programs, functions, rules, and budget of [operated by] the
board;
(3)iithe scope of and limitations on the rulemaking authority [role and
functions] of the board;
(4)iithe types of board rules, interpretations, and enforcement actions
that may implicate federal antitrust law by limiting competition or impacting
prices charged by persons engaged in a profession or business the board
regulates, including any rule, interpretation, or enforcement action that:
(A)iiregulates the scope of practice of persons in a profession or
business the board regulates;
(B)iirestricts advertising by persons in a profession or business the
board regulates;
(C)iiaffects the price of goods or services provided by persons in a
profession or business the board regulates; or
(D)iirestricts participation in a profession or business the board
regulates [the rules of the board, with an emphasis on the rules that relate to
disciplinary and investigatory authority];
(5)ii[the current budget for the board;
[(6)]iithe results of the most recent formal audit of the board;
(6)i[(7)]iithe requirements of:
(A)iilaws relating to open meetings, public information,
administrative procedure, and disclosure of conflicts of interest; and
(B)iiother laws applicable to members of the board in performing
their duties; and
5942 86th LEGISLATURE — REGULAR SESSION
(7)i[(8)]iiany applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(d)iiThe executive director of the board shall create a training manual that
includes the information required by Subsection (b). The executive director shall
distribute a copy of the training manual annually to each board member. Each
board member shall sign and submit to the executive director a statement
acknowledging that the member received and has reviewed the training manual.
SECTIONi3.iiSection 153.058(a), Occupations Code, is amended to read as
follows:
(a)iiThe board shall develop and implement a policy to encourage the use of:
(1)iinegotiated rulemaking procedures under Chapter 2008, Government
Code, for the adoption of any rules by the board [rules]; and
(2)iiappropriate alternative dispute resolution procedures under Chapter
2009, Government Code, to assist in the resolution of internal and external
disputes under the board ’s jurisdiction.
SECTIONi4.iiSection 154.006, Occupations Code, is amended by amending
Subsections (b), (g), (i), (j), and (k) and adding Subsections (b-1), (i-1), and (l) to
read as follows:
(b)iiExcept as otherwise provided by this section, a [A] profile must contain
the following information on each physician:
(1)iithe name of each medical school attended and the dates of:
(A)iigraduation; or
(B)iiFifth Pathway designation and completion of the Fifth Pathway
Program;
(2)iia description of all graduate medical education in the United States
or Canada;
(3)iiany specialty certification held by the physician and issued by a
medical licensing board that is a member of the American Board of Medical
Specialties or the Bureau of Osteopathic Specialists;
(4)iithe number of years the physician has actively practiced medicine
in:
(A)iithe United States or Canada; and
(B)iithis state;
(5)iithe name of each hospital in this state in which the physician has
privileges;
(6)iithe physician ’s primary practice location;
(7)iithe type of language translating services, including translating
services for a person with impairment of hearing, that the physician provides at
the physician ’s primary practice location;
(8)iiwhether the physician participates in the Medicaid program;
(9)iia description of any conviction for a felony, a Class A or Class
Bimisdemeanor, or a Class C misdemeanor involving moral turpitude;
(10)iia description of any charges reported to the board to which the
physician has pleaded no contest, for which the physician is the subject of
deferred adjudication or pretrial diversion, or in which sufficient facts of guilt
were found and the matter was continued by a court;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5943
(11)iia description of any disciplinary action against the physician by
the board;
(12)iia description of any disciplinary action against the physician by a
medical licensing board of another state;
(13)iia description of the final resolution taken by the board on medical
malpractice claims or complaints required to be opened by the board under
Section 164.201;
(14)iiwhether the physician ’s patient service areas are accessible to
disabled persons, as defined by federal law;
(15)iia description of any formal complaint against the physician
initiated and filed under Section 164.005 and the status of the complaint; and
(16)iia description of any medical malpractice claim against the
physician, not including a description of any offers by the physician to settle the
claim, for which the physician was found liable, a jury awarded monetary
damages to the claimant, and the award has been determined to be final and not
subject to further appeal.
(b-1)iiOn or after the fifth anniversary of the date a remedial plan is issued
under Section 164.0015, the board may remove from the profile of the physician
subject to the plan any information regarding the plan and the complaint resolved
by the plan unless:
(1)iithe complaint was related to the delivery of health care; or
(2)iimore than one remedial plan has been issued to resolve complaints
alleging the same violation by the physician, including a complaint not related to
the delivery of health care.
(g)iiExcept as otherwise provided by this section, the [The] board shall
update the information contained in a physician ’s profile annually[, except that
information provided under Subsection (i) shall be updated not later than the 10th
working day after the date the formal complaint is filed or the board ’s order is
issued]. The board shall adopt a form that allows a physician to update
information contained in a physician s’ profile. The form shall be made available
on the Internet and in other formats as prescribed by board rule. The board may
adopt rules concerning the type and content of additional information that may be
included in a physician ’s profile.
(i)iiIn addition to the information required by Subsection (b) and except as
otherwise provided by this section, a profile must be updated to contain the text
of a formal complaint filed under Section 164.005 against the physician or of a
board order related to the formal complaint not later than the 10th working day
after the date the complaint is filed.
(i-1)iiNot later than the 10th working day after the date the board issues a
final order related to a formal complaint filed under Section 164.005 against a
physician, the board shall:
(1)iiremove from the physician ’s profile any record of the formal
complaint or any prior disciplinary action related to the formal complaint; and
(2)iiupdate the physician s’ profile to contain the board s’ final order.
(j)iiInformation included in a physician ’s profile under Subsections (b),
[and] (i), and (i-1) may not include any patient identifying information.
5944 86th LEGISLATURE — REGULAR SESSION
(k)iiNot later than the 10th working day after the date the board dismisses
[In the annual update of a physician s’ profile under Subsection (g), the board
shall remove any record of] a formal complaint against a physician required to be
included in the physician ’s profile under Subsection (b)(15) or (i) [if the
complaint was dismissed more than five years before the date of the update and
the complaint was dismissed] as baseless, unfounded, or not supported by
sufficient evidence that a violation occurred, or resolves the complaint and takes
no action [was taken] against the physician ’s license as a result of the complaint,
the board shall:
(1)iiremove from the physician ’s profile any record of the formal
complaint or any prior disciplinary action related to the formal complaint; and
(2)iiupdate the physician ’s profile to contain the board ’s final order
dismissing or resolving the complaint.ii
(l)iiIf no action is taken against a physician ’s license as a result of an [The
board shall also remove any record of the] investigation of medical malpractice
claims or complaints required to be investigated by the board under Section
164.201, the board shall, not later than the 10th working day after the date the
board resolves the investigation, remove any record of the investigation from the
physician ’s profile [if the investigation was resolved more than five years before
the date of the update and no action was taken against the physician ’s license as a
result of the investigation].
SECTIONi5.iiSection 154.057, Occupations Code, is amended by amending
Subsection (b) and adding Subsection (b-1) to read as follows:
(b)iiExcept as provided by Subsection (b-1), the [The] board shall complete
a preliminary investigation of the complaint not later than the 45th day after the
date of receiving the complaint. The board shall first determine whether the
physician constitutes a continuing threat to the public welfare. On completion of
the preliminary investigation, the board shall determine whether to officially
proceed on the complaint. If the board fails to complete the preliminary
investigation in the time required by this subsection, the board s’ official
investigation of the complaint is considered to commence on that date.
(b-1)iiThe board, for good cause, may extend a preliminary investigation
under Subsection (b) for not more than 15 days after the date required for
completion under that subsection.
SECTIONi6.iiSubchapter A, Chapter 155, Occupations Code, is amended
by adding Section 155.011 to read as follows:
Sec.i155.011.iiEXPEDITED LICENSING PROCESS FOR CERTAIN
OUT-OF-STATE APPLICANTS. The board by rule shall develop and implement
an expedited licensing process for an applicant who is considered to have
satisfied the examination requirements of this chapter under Section 155.0561(d).
SECTIONi7.iiSection 155.056(a), Occupations Code, is amended to read as
follows:
(a)iiExcept as otherwise provided by Subsection (a-1) and Section 155.0561,
an applicant must pass each part of an examination within three attempts.
SECTIONi8.iiSubchapter B, Chapter 155, Occupations Code, is amended
by adding Section 155.0561 to read as follows:
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5945
Sec.i155.0561.iiEXCEPTIONS TO EXAMINATION ATTEMPT LIMITS
FOR CERTAIN OUT-OF-STATE APPLICANTS. (a) In this section:
(1)ii"Active practice" means the practice of medicine by a person after
successful completion of a residency, fellowship, or other supervised training
program.
(2)ii"Full license" means a license to practice medicine that is not a
training license, a permit, or any other form of authority to practice medicine
issued to a person while the person is completing or enrolled in a residency,
fellowship, or other supervised training program.
(b)iiThis section applies only to an applicant who:
(1)iihas successfully completed a graduate medical education program
approved by the board;
(2)iiholds a full license and is in good standing as a physician in another
state or Canada;
(3)iidoes not hold and has never held a medical license subject to any
restriction, disciplinary order, or probation;
(4)iiis not and has never been the subject of a peer review that has
resulted or may result in limitation, restriction, suspension, or other adverse
impact on the applicant ’s hospital or other medical facility privileges; and
(5)iiis not under investigation by any licensing or law enforcement
agency.
(c)iiAn applicant described by Subsection (b) who has held a full license and
been in active practice for at least one year but less than five years and has passed
within three attempts all but one part of the examination approved by the board is
considered to have satisfied the examination requirements of this chapter if the
applicant passed the remaining part of the examination within:
(1)iione additional attempt; or
(2)iithree additional attempts, if the applicant is specialty board certified
by a specialty board that is:
(A)iia member of the American Board of Medical Specialties; or
(B)iiapproved by the American Osteopathic Association.
(d)iiAn applicant described by Subsection (b) who has held a full license
and been in active practice for at least five years is considered to have satisfied
the examination requirements of this chapter regardless of the type of
examination the applicant passed or the number of attempts within which the
applicant passed the examination or any part of the examination.
SECTIONi9.iiSection 162.106, Occupations Code, is amended to read as
follows:
Sec.i162.106.iiINSPECTIONS. (a) The board may conduct inspections [to
enforce this subchapter, including inspections of an office site and of documents]
of a physician ’s equipment and office procedures [practice] that relate to the
provision of anesthesia in an outpatient setting as necessary to enforce this
subchapter.
(b)iiThe board may establish a risk-based inspection process in which the
board conducts inspections based on the length of time since:
(1)iithe equipment and outpatient setting were last inspected; and
5946 86th LEGISLATURE — REGULAR SESSION
(2)iithe physician submitted to inspection.
(c)iiThe board may contract with another state agency or qualified person to
conduct the inspections.
(d)i[(b)]iiUnless it would jeopardize an ongoing investigation, the board
shall provide at least five business days ’ notice before conducting an on-site
inspection under this section.
(e)iiThe board shall maintain a record of the outpatient settings in which
physicians provide anesthesia.
(f)iiA physician who provides anesthesia in an outpatient setting shall
inform the board of any other physician with whom the physician shares
equipment used to administer anesthesia.
(g)i[(c)]iiThis section does not require the board to make an on-site
inspection of a physician ’s office.
SECTIONi10.iiSection 164.0015(d), Occupations Code, is amended to read
as follows:
(d)iiThe board may not issue a remedial plan to resolve a complaint against a
license holder if the license holder has [previously] entered into a remedial plan
with the board in the preceding five years [for the resolution of a different
complaint relating to this subtitle].
SECTIONi11.iiSection 164.003, Occupations Code, is amended by
amending Subsections (b) and (f) and adding Subsection (f-1) to read as follows:
(b)iiRules adopted under this section must require that:
(1)iian informal meeting in compliance with Section 2001.054,
Government Code, be scheduled not later than the 180th day after the date the
board ’s official investigation of the complaint is commenced as provided by
Section 154.057(b), unless good cause is shown by the board for scheduling the
informal meeting after that date;
(2)iithe board give notice to the license holder of the time and place of
the meeting not later than the 45th day before the date the meeting is held;
(3)iithe complainant and the license holder be provided an opportunity
to be heard;
(4)iiat least one of the board members or district review committee
members participating in the informal meeting as a panelist be a member who
represents the public;
(5)iithe board ’s legal counsel or a representative of the attorney general
be present to advise the board or the board ’s staff; [and]
(6)iia member of the board ’s staff be at the meeting to present to the
board ’s representative the facts the staff reasonably believes it could prove by
competent evidence or qualified witnesses at a hearing; and
(7)iiif the complaint includes an allegation that the license holder has
violated the standard of care, the panel conducting the informal proceeding
consider whether the physician was practicing complementary and alternative
medicine.
(f)iiThe notice required by Subsection (b)(2) must be accompanied by a
written statement of the nature of the allegations and the information the board
intends to use at the meeting. If the board does not provide the statement or
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5947
information at that time, the license holder may use that failure as grounds for
rescheduling the informal meeting. If the complaint includes an allegation that the
license holder has violated the standard of care, the notice must include a copy of
each [the] report prepared by an [the] expert physician reviewer under Section
154.0561. The license holder must provide to the board the license holder ’s
rebuttal at least 15ibusiness days before the date of the meeting in order for the
information to be considered at the meeting.
(f-1)iiBefore providing a report to a license holder under Subsection (f), the
board must redact any identifying information of an expert physician reviewer
other than the specialty of the expert physician reviewer.
SECTIONi12.iiSections 164.005(a) and (c), Occupations Code, are
amended to read as follows:
(a)iiIn this section, "formal complaint" means a written statement made by a
credible person [under oath] that is filed and presented by a board representative
charging a person with having committed an act that, if proven, could affect the
legal rights or privileges of a license holder or other person under the board s’
jurisdiction.
(c)iiA charge must [be in the form of a written affidavit that]:
(1)iibe [is] filed with the board ’s records custodian or assistant records
custodian; and
(2)iidetail [details] the nature of the charge as required by this subtitle or
other applicable law.
SECTIONi13.iiSections 164.006(a) and (b), Occupations Code, are
amended to read as follows:
(a)iiNotice [Service of process] to [notify] the respondent of a hearing about
the charges against the person must be served:
(1)iiin accordance with Chapter 2001, Government Code; and
(2)iiby certified mail.
(b)iiIf notice [service] described by Subsection (a) is impossible or cannot be
effected, the board shall publish once a week for two successive weeks a notice of
the hearing in a newspaper published in the county of the last known place of
practice in this state of the person, if known.
SECTIONi14.iiSections 164.007(a) and (a-1), Occupations Code, are
amended to read as follows:
(a)iiThe board by rule shall adopt procedures governing formal disposition
of a contested case under Chapter 2001, Government Code. A formal hearing
shall be conducted by an administrative law judge employed by the State Office
of Administrative Hearings. After receiving the administrative law judge ’s
findings of fact and conclusions of law, the board shall:
(1)iidispose of the contested case by issuing a final order based on the
administrative law judge ’s findings of fact and conclusions of law; or
(2)iiappeal the administrative law judge ’s findings of fact and
conclusions of law in the manner provided by Section 164.0072.
(a-1)iiNotwithstanding Section 2001.058(e), Government Code, the board
may not change a finding of fact or conclusion of law or vacate or modify an
order of the administrative law judge. [The board may obtain judicial review of
5948 86th LEGISLATURE — REGULAR SESSION
any finding of fact or conclusion of law issued by the administrative law judge as
provided by Section 2001.058(f)(5), Government Code.] For each case, the
board has the sole authority and discretion to determine the appropriate action or
sanction. The [, and the] administrative law judge may not make any
recommendation regarding the appropriate action or sanction.
SECTIONi15.iiSubchapter A, Chapter 164, Occupations Code, is amended
by adding Section 164.0072 to read as follows:
Sec.i164.0072.iiBOARD APPEAL OF FINDINGS OF FACT AND
CONCLUSIONS OF LAW. (a) The board may, before disposing of a contested
case by issuing a final order, obtain judicial review of any finding of fact or
conclusion of law issued by the administrative law judge by filing suit in a Travis
County district court not later than the 30th day after the date the findings of fact
and conclusions of law are issued.
(b)iiThe board shall join in a suit filed under this section the respondent in
the contested case for which the board seeks to obtain judicial review.
(c)iiThe scope of judicial review under this section is the same as the scope
of judicial review provided for an appeal under Section 164.009.
(d)iiAfter the court issues a final order in a suit filed under this section, the
board shall dispose of the contested case by issuing a final order based on the
court ’s final order. The respondent may not appeal a sanction ordered by the
board unless the sanction exceeds the board ’s published sanctions guidelines.
SECTIONi16.iiSection 164.052(a), Occupations Code, is amended to read
as follows:
(a)iiA physician or an applicant for a license to practice medicine commits a
prohibited practice if that person:
(1)iisubmits to the board a false or misleading statement, document, or
certificate in an application for a license;
(2)iipresents to the board a license, certificate, or diploma that was
illegally or fraudulently obtained;
(3)iicommits fraud or deception in taking or passing an examination;
(4)iiuses alcohol or drugs in an intemperate manner that, in the board ’s
opinion, could endanger a patient ’s life;
(5)iicommits unprofessional or dishonorable conduct that is likely to
deceive or defraud the public, as provided by Section 164.053, or injure the
public;
(6)iiuses an advertising statement that is false, misleading, or deceptive;
(7)iiadvertises professional superiority or the performance of
professional service in a superior manner if that advertising is not readily subject
to verification;
(8)iipurchases, sells, barters, or uses, or offers to purchase, sell, barter,
or use, a medical degree, license, certificate, or diploma, or a transcript of a
license, certificate, or diploma in or incident to an application to the board for a
license to practice medicine;
(9)iialters, with fraudulent intent, a medical license, certificate, or
diploma, or a transcript of a medical license, certificate, or diploma;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5949
(10)iiuses a medical license, certificate, or diploma, or a transcript of a
medical license, certificate, or diploma that has been:
(A)iifraudulently purchased or issued;
(B)iicounterfeited; or
(C)iimaterially altered;
(11)iiimpersonates or acts as proxy for another person in an examination
required by this subtitle for a medical license;
(12)iiengages in conduct that subverts or attempts to subvert an
examination process required by this subtitle for a medical license;
(13)iiimpersonates a physician or permits another to use the person ’s
license or certificate to practice medicine in this state;
(14)iidirectly or indirectly employs a person whose license to practice
medicine has been suspended, canceled, or revoked;
(15)iiassociates in the practice of medicine with a person:
(A)iiwhose license to practice medicine has been suspended,
canceled, or revoked; or
(B)iiwho has been convicted of the unlawful practice of medicine in
this state or elsewhere;
(16)iiperforms or procures a criminal abortion, aids or abets in the
procuring of a criminal abortion, attempts to perform or procure a criminal
abortion, or attempts to aid or abet the performance or procurement of a criminal
abortion;
(17)iidirectly or indirectly aids or abets the practice of medicine by a
person, partnership, association, or corporation that is not licensed to practice
medicine by the board;
(18)iiperforms an abortion on a woman who is pregnant with a viable
unborn child during the third trimester of the pregnancy unless:
(A)iithe abortion is necessary to prevent the death of the woman;
(B)iithe viable unborn child has a severe, irreversible brain
impairment; or
(C)iithe woman is diagnosed with a significant likelihood of
suffering imminent severe, irreversible brain damage or imminent severe,
irreversible paralysis;
(19)iiperforms an abortion on an unemancipated minor without the
written consent of the child ’s parent, managing conservator, or legal guardian or
without a court order, as provided by Section 33.003 or 33.004, Family Code,
unless the abortion is necessary due to a medical emergency, as defined by
Section 171.002, Health and Safety Code;
(20)iiotherwise performs an abortion on an unemancipated minor in
violation of Chapter 33, Family Code; [or]
(21)iiperforms or induces or attempts to perform or induce an abortion
in violation of Subchapter C, F, or G, Chapter 171, Health and Safety Code; or
(22)iiin complying with the procedures outlined in Sections
166.045iand 166.046, Health and Safety Code, wilfully fails to make a
reasonable effort to transfer a patient to a physician who is willing to comply with
a directive.
5950 86th LEGISLATURE — REGULAR SESSION
SECTIONi17.iiChapter 167, Occupations Code, is amended by adding
Sections 167.012 and 167.013 to read as follows:
Sec.i167.012.iiMEMORANDUM OF UNDERSTANDING WITH
BOARD. The governing board and the board shall enter into a memorandum of
understanding to better coordinate services and operations of the program. The
memorandum of understanding must be adopted by rule and:
(1)iiestablish performance measures for the program, including the
number of participants who successfully complete the program;
(2)iiinclude a list of services the board will provide for the program; and
(3)iirequire that an internal audit of the program be conducted at least
once every three years to ensure the program is properly documenting and
referring all noncompliance to the board.
Sec.i167.013.iiGIFTS, GRANTS, AND DONATIONS. In addition to any
fees paid to the board or money appropriated to the board for the program, the
governing board may receive and accept a gift, grant, donation, or other thing of
value from any source, including the United States or a private source, for the
program.
SECTIONi18.iiSection 205.057, Occupations Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as follows:
(b)iiThe training program must provide the person with information
regarding:
(1)iithe law governing acupuncture board operations [this chapter];
(2)iithe programs, [operated by the acupuncture board;
[(3)iithe role and] functions, rules, and budget of the acupuncture board;
(3)i[(4)]iithe scope of and limitations on the rulemaking authority [rules]
of the acupuncture board;
(4)iithe types of acupuncture board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by limiting
competition or impacting prices charged by persons engaged in a profession or
business the acupuncture board regulates, including any rule, interpretation, or
enforcement action that:
(A)iiregulates the scope of practice of persons in a profession or
business the acupuncture board regulates;
(B)iirestricts advertising by persons in a profession or business the
acupuncture board regulates;
(C)iiaffects the price of goods or services provided by persons in a
profession or business the acupuncture board regulates; or
(D)iirestricts participation in a profession or business the
acupuncture board regulates;
(5)ii[the current budget for the acupuncture board;
[(6)]iithe results of the most recent formal audit of the acupuncture
board;
(6)i[(7)]iithe requirements of:
(A)iilaws relating to open meetings, public information,
administrative procedure, and disclosure of conflicts of interest; and
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5951
(B)iiother laws applicable to members of the acupuncture board in
performing their duties; and
(7)i[(8)]iiany applicable ethics policies adopted by the acupuncture
board or the Texas Ethics Commission.
(d)iiThe executive director shall create a training manual that includes the
information required by Subsection (b). The executive director shall distribute a
copy of the training manual annually to each acupuncture board member. Each
board member shall sign and submit to the executive director a statement
acknowledging that the member received and has reviewed the training manual.
SECTIONi19.iiSubchapter E, Chapter 205, Occupations Code, is amended
by adding Section 205.2025 to read as follows:
Sec.i205.2025.iiCRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE. (a) The acupuncture board shall
require that an applicant for a license submit a complete and legible set of
fingerprints, on a form prescribed by the board, to the board or to the Department
of Public Safety for the purpose of obtaining criminal history record information
from the Department of Public Safety and the Federal Bureau of Investigation.
(b)iiThe acupuncture board may not issue a license to a person who does not
comply with the requirement of Subsection (a).
(c)iiThe acupuncture board shall conduct a criminal history record
information check of each applicant for a license using information:
(1)iiprovided by the individual under this section; and
(2)iimade available to the board by the Department of Public Safety, the
Federal Bureau of Investigation, and any other criminal justice agency under
Chapter 411, Government Code.
(d)iiThe acupuncture board may:
(1)iienter into an agreement with the Department of Public Safety to
administer a criminal history record information check required under this
section; and
(2)iiauthorize the Department of Public Safety to collect from each
applicant the costs incurred by the Department of Public Safety in conducting the
criminal history record information check.
SECTIONi20.iiSubchapter F, Chapter 205, Occupations Code, is amended
by adding Section 205.2515 to read as follows:
Sec.i205.2515.iiCRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a license
issued under this chapter shall submit a complete and legible set of fingerprints
for purposes of performing a criminal history record information check of the
applicant as provided by Section 205.2025.
(b)iiThe acupuncture board may administratively suspend or refuse to renew
the license of a person who does not comply with the requirement of Subsection
(a).
(c)iiA license holder is not required to submit fingerprints under this section
for the renewal of the license if the holder has previously submitted fingerprints
under:
(1)iiSection 205.2025 for the initial issuance of the license; or
5952 86th LEGISLATURE — REGULAR SESSION
(2)iithis section as part of a prior renewal of a license.
SECTIONi21.iiSubchapter E, Chapter 206, Occupations Code, is amended
by adding Section 206.2025 to read as follows:
Sec.i206.2025.iiCRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE. (a) The medical board shall
require that an applicant for a license submit a complete and legible set of
fingerprints, on a form prescribed by the board, to the board or to the Department
of Public Safety for the purpose of obtaining criminal history record information
from the Department of Public Safety and the Federal Bureau of Investigation.
(b)iiThe medical board may not issue a license to a person who does not
comply with the requirement of Subsection (a).
(c)iiThe medical board shall conduct a criminal history record information
check of each applicant for a license using information:
(1)iiprovided by the individual under this section; and
(2)iimade available to the board by the Department of Public Safety, the
Federal Bureau of Investigation, and any other criminal justice agency under
Chapter 411, Government Code.
(d)iiThe medical board may:
(1)iienter into an agreement with the Department of Public Safety to
administer a criminal history record information check required under this
section; and
(2)iiauthorize the Department of Public Safety to collect from each
applicant the costs incurred by the Department of Public Safety in conducting the
criminal history record information check.
SECTIONi22.iiSection 206.203(a), Occupations Code, is amended to read
as follows:
(a)iiExcept as provided by Section 206.206, to be eligible for a license, a
person must:
(1)ii[be of good moral character;
[(2)]iihave not been convicted of a felony or a crime involving moral
turpitude;
(2)i[(3)]iinot use drugs or alcohol to an extent that affects the applicant ’s
professional competency;
(3)i[(4)]iinot have had a license or certification revoked by a licensing
agency or by a certifying professional organization; and
(4)i[(5)]iinot have engaged in fraud or deceit in applying for a license
under this chapter.
SECTIONi23.iiSubchapter E, Chapter 206, Occupations Code, is amended
by adding Section 206.2105 to read as follows:
Sec.i206.2105.iiCRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a license
issued under this chapter shall submit a complete and legible set of fingerprints
for purposes of performing a criminal history record information check of the
applicant as provided by Section 206.2025.
(b)iiThe medical board may administratively suspend or refuse to renew the
license of a person who does not comply with the requirement of Subsection (a).
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5953
(c)iiA license holder is not required to submit fingerprints under this section
for the renewal of the license if the holder has previously submitted fingerprints
under:
(1)iiSection 206.2025 for the initial issuance of the license; or
(2)iithis section as part of a prior renewal of a license.
SECTIONi24.iiSection 601.002, Occupations Code, is amended by adding
Subdivisions (10-a) and (10-b) to read as follows:
(10-a)ii"Radiologist" means a physician specializing in radiology
certified by or board-eligible for the American Board of Radiology, the American
Osteopathic Board of Radiology, the Royal College of Radiologists, or the Royal
College of Physicians and Surgeons of Canada.
(10-b)ii"Radiologist assistant" means an advanced-level medical
radiologic technologist who is certified as:
(A)iia registered radiologist assistant by the American Registry of
Radiologic Technologists; or
(B)iia radiology practitioner assistant by the Certification Board for
Radiology Practitioner Assistants.
SECTIONi25.iiSection 601.030, Occupations Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as follows:
(b)iiThe training program must provide the person with information
regarding:
(1)iithe law governing advisory board operations;
(2)ii[this chapter and] the [advisory board ’s] programs, functions, rules,
and budget of the advisory board;
(3)iithe scope of and limitations on the rulemaking authority of the
advisory board;
(4)iithe types of advisory board rules, interpretations, and enforcement
actions that may implicate federal antitrust law by limiting competition or
impacting prices charged by persons engaged in a profession or business the
advisory board regulates, including any rule, interpretation, or enforcement action
that:
(A)iiregulates the scope of practice of persons in a profession or
business the advisory board regulates;
(B)iirestricts advertising by persons in a profession or business the
advisory board regulates;
(C)iiaffects the price of goods or services provided by persons in a
profession or business the advisory board regulates; or
(D)iirestricts participation in a profession or business the advisory
board regulates;
(5)i[(2)]iithe results of the most recent formal audit of the advisory
board;
(6)i[(3)]iithe requirements of:
(A)iilaws relating to open meetings, public information,
administrative procedure, and disclosure of conflicts of interest; and
(B)iiother laws applicable to members of the advisory board in
performing their duties; and
5954 86th LEGISLATURE — REGULAR SESSION
(7)i[(4)]iiany applicable ethics policies adopted by the advisory board or
the Texas Ethics Commission.
(d)iiThe executive director of the medical board shall create a training
manual that includes the information required by Subsection (b). The executive
director shall distribute a copy of the training manual annually to each advisory
board member. Each board member shall sign and submit to the executive
director a statement acknowledging that the member received and has reviewed
the training manual.
SECTIONi26.iiSections 601.102(b) and (c), Occupations Code, are
amended to read as follows:
(b)iiThe advisory board may issue to a person:
(1)iia general certificate to perform radiologic procedures; [or]
(2)iia limited certificate that authorizes the person to perform radiologic
procedures only on specific parts of the human body; or
(3)iia radiologist assistant certificate to a person who meets the
requirements established under Section 601.1021.
(c)iiThe advisory board may issue to a person a temporary general
certificate, [or] a temporary limited certificate, or a temporary radiologist assistant
certificate that authorizes the person to perform radiologic procedures for a period
not to exceed one year.
SECTIONi27.iiSubchapter C, Chapter 601, Occupations Code, is amended
by adding Section 601.1021 to read as follows:
Sec.i601.1021.iiRADIOLOGIST ASSISTANT CERTIFICATE. (a) The
advisory board by rule shall establish the education and training required for a
person to obtain a radiologist assistant certificate.
(b)iiA radiologist assistant certificate holder:
(1)iimay perform radiologic procedures only under the supervision of a
radiologist; and
(2)iimay not interpret images, make diagnoses, or prescribe any
medication or therapy.
SECTIONi28.iiSection 604.030, Occupations Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as follows:
(b)iiThe training program must provide the person with information
regarding:
(1)iithe law governing advisory board operations;
(2)iithe [this chapter and the advisory board ’s] programs, functions,
rules, and budget of the advisory board;
(3)iithe scope of and limitations on the rulemaking authority of the
advisory board;
(4)iithe types of advisory board rules, interpretations, and enforcement
actions that may implicate federal antitrust law by limiting competition or
impacting prices charged by persons engaged in a profession or business the
advisory board regulates, including any rule, interpretation, or enforcement action
that:
(A)iiregulates the scope of practice of persons in a profession or
business the advisory board regulates;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5955
(B)iirestricts advertising by persons in a profession or business the
advisory board regulates;
(C)iiaffects the price of goods or services provided by persons in a
profession or business the advisory board regulates; or
(D)iirestricts participation in a profession or business the advisory
board regulates;
(5)i[(2)]iithe results of the most recent formal audit of the advisory
board;
(6)i[(3)]iithe requirements of:
(A)iilaws relating to open meetings, public information,
administrative procedure, and disclosure of conflicts of interest; and
(B)iiother laws applicable to members of the advisory board in
performing their duties; and
(7)i[(4)]iiany applicable ethics policies adopted by the advisory board or
the Texas Ethics Commission.
(d)iiThe executive director of the medical board shall create a training
manual that includes the information required by Subsection (b). The executive
director shall distribute a copy of the training manual annually to each advisory
board member. Each board member shall sign and submit to the executive
director a statement acknowledging that the member received and has reviewed
the training manual.
SECTIONi29.iiSections 155.056(c) and (d), Occupations Code, are
repealed.
SECTIONi30.ii(a) Except as provided by Subsection (b) of this section,
Sections 152.010, 205.057, 601.030, and 604.030, Occupations Code, as
amended by this Act, apply to a member of the applicable board appointed
before, on, or after the effective date of this Act.
(b)iiA member of a board who, before the effective date of this Act,
completed the training program required by Section 152.010, 205.057, 601.030,
or 604.030, Occupations Code, as the applicable law existed before the effective
date of this Act, is only required to complete additional training on subjects added
by this Act to the training program required by, as applicable, Section 152.010,
205.057, 601.030, or 604.030, Occupations Code, as amended by this Act. A
board member described by this subsection may not vote, deliberate, or be
counted as a member in attendance at a meeting of the applicable board held on
or after December 1, 2019, until the member completes the additional training.
SECTIONi31.iiNot later than March 1, 2020, the Texas Medical Board shall
adopt rules necessary to implement Section 164.003(b), Occupations Code, as
amended by this Act.
SECTIONi32.iiNot later than January 1, 2020, the Texas Medical Board and
the governing board of the Texas Physician Health Program by rule shall adopt
the memorandum of understanding required by Section 167.012, Occupations
Code, as added by this Act.
SECTIONi33.iiNot later than September 1, 2021, the Texas State Board of
Acupuncture Examiners and the Texas Medical Board shall obtain criminal
history record information on each person who, on the effective date of this Act,
5956 86th LEGISLATURE — REGULAR SESSION
holds a license issued under Chapter 205 or 206, Occupations Code, as
applicable, and did not undergo a criminal history record information check based
on the license holder ’s fingerprints on the initial application for the license. A
board may suspend the license of a license holder who does not provide the
criminal history record information as required by the board and this section.
SECTIONi34.iiNot later than January 1, 2020, the Texas Medical Board
shall approve the rules required by Section 601.1021, Occupations Code, as
added by this Act.
SECTIONi35.iiThis Act takes effect September 1, 2019.
HB 1504 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE ZEDLER: Mr. Paddie, thank you very much for your time.
Is it the intent of HBi1504ito require the removal of a complaint from a
physician ’s profile if the complaint was found to be baseless, unfounded, or not
supported by sufficient evidence that a violation occurred or resolves the
complaint and takes no action?
REPRESENTATIVE PADDIE: Mr. Zedler, that is correct. That is the intent of
HBi1504. The Medical Board, within 10idays of such a determination, no matter
at what point in the investigation process that determination is made, should
remove that complaint from the physician ’s profile as maintained by the Texas
Medical Board.
ZEDLER: And if that occurs, that they should also remove or send a void order
to the national practitioner database?
PADDIE: It ’s my understanding, Mr. Zedler, that currently when that happens,
current statute says that they will give that notification or, as it is properly termed,
a void order. So they should absolutely continue to do what the statute requires
them to do today.
REMARKS ORDERED PRINTED
Representative Zedler moved to print remarks between Representative
Paddie and Representative Zedler on HBi1504.
The motion prevailed.
Representative Paddie moved to adopt the conference committee report on
HBi1504.
The motion to adopt the conference committee report on HBi1504 prevailed
by (Record 1936): 137 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Buckley; Bucy; Burns;
Burrows; Button; Cain; Calanni; Canales; Capriglione; Cole; Coleman; Collier;
Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Dominguez; Dutton; Fierro;
Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González,
M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez;
Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King,
K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5957
Larson; Leach; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer;
Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison;
Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco;
Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond;
Rodriguez; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman;
Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson;
Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.;
Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas;
Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Davis, S.; Herrero; Johnson, E.; Johnson, J.D.; Lucio;
Romero; Vo.
Absent — Bowers; Clardy; Deshotel; Farrar; Reynolds.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of
today because of important family business:
Clardy on motion of Ashby.
SB 355 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Klick submitted the conference committee report on SBi355.
Representative Klick moved to adopt the conference committee report on
SBi355.
The motion to adopt the conference committee report on SBi355 prevailed
by (Record 1937): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Cole; Coleman;
Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez;
Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hunter; Israel;
Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel;
Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano;
Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez;
Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble;
Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price;
Ramos; Raney; Raymond; Rodriguez; Rose; Rosenthal; Sanford; Schaefer;
Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson;
Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.;
Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray;
Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
5958 86th LEGISLATURE — REGULAR SESSION
Absent, Excused — Clardy; Davis, S.; Herrero; Johnson, E.; Johnson, J.D.;
Lucio; Romero; Vo.
Absent — Farrar; Reynolds.
REMARKS ORDERED PRINTED
Representative Tinderholt moved to print all remarks on CSSBi29 on
Mayi20.
The motion prevailed. [Please refer to the supplement to the Day 69 journal
for the text of the debate on CSSBi29.]
REMARKS ORDERED PRINTED
Representative Stickland moved to print remarks between Representative
Cain and Representative C. Turner on CSSBi719 on Mayi20.
The motion prevailed.
REMARKS ORDERED PRINTED
Representative Stickland moved to print all remarks on CSHBi2100 on
Aprili29.
The motion prevailed. [Please refer to the supplement to the Day 54 journal
for the text of the debate on CSHBi2100.]
REMARKS ORDERED PRINTED
Representative Harris moved to print the remarks on the parliamentary
inquiry between Representative Tinderholt and the chair on Mayi24.
The motion prevailed.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and
resolutions in the presence of the house (see the addendum to the daily journal,
Signed by the Speaker, Senate List Nos. 28, 29, 30, 31, and 32).
HOUSE AT EASE
At 5:45 p.m., the chair announced that the house would stand at ease.
The chair called the house to order at 7:30 p.m.
(Reynolds now present)
HR 2181 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2181, suspending the limitations on the conferees for
HBi700.
HR 2185 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2185, suspending the limitations on the conferees for
HBi4542.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5959
HR 2187 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2187, suspending the limitations on the conferees for
SBi2342.
HR 2188 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2188, suspending the limitations on the conferees for
SBi891.
HR 2189 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2189, suspending the limitations on the conferees for
SBi1207.
HR 2190 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2190, suspending the limitations on the conferees for
SBi12.
HR 2191 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2191, suspending the limitations on the conferees for
HBi2327.
HR 2193 - NOTICE OF INTRODUCTION
Pursuant to Rule 13, Section 9(f), of the House Rules, the chair announced
the introduction of HRi2193, suspending the limitations on the conferees for
HBi3745.
HR 2184 - ADOPTED
(by Burrows)
The following privileged resolution was laid before the house:
HRi2184
BE IT RESOLVED by the House of Representatives of the State of Texas,
86th Legislature, Regular Session, 2019, That House Rule 13, Section 9(a), be
suspended in part as provided by House Rule 13, Section 9(f), to enable the
conference committee appointed to resolve the differences on SBi2 (ad valorem
taxation; authorizing fees) to consider and take action on the following matters:
(1)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee to
add text on a matter not included in either the house or senate version of the bill
by adding the following new SECTION to the bill:
SECTIONi2.iiChapter 1, Tax Code, is amended by adding Section 1.045 to
read as follows:
Sec.i1.045.iiREFERENCE TO CERTAIN TERMS IN LAW. Unless the
context indicates otherwise:
5960 86th LEGISLATURE — REGULAR SESSION
(1)iia reference in law to a taxing unit ’s effective maintenance and
operations rate is a reference to the taxing unit ’s no-new-revenue maintenance
and operations rate, as defined by Chapter 26;
(2)iia reference in law to a taxing unit ’s effective tax rate is a reference
to the taxing unit ’s no-new-revenue tax rate, as defined by Chapter 26; and
(3)iia reference in law to a taxing unit ’s rollback tax rate is a reference to
the taxing unit ’s voter-approval tax rate, as defined by Chapter 26.
Explanation: The addition is necessary to ensure that references in other law
to terms in Title 1 of the Tax Code that are changed in the bill are construed in
accordance with the way those terms are used in the bill.
(2)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 36 of the bill, in added
Section 26.04(c-1)(2), Tax Code, to read as follows:
(2)iithe third tax year after the tax year in which the disaster occurred.
Explanation: The change is necessary to limit the period of time during
which certain taxing units may calculate the voter-approval tax rate of the taxing
unit at a higher rate following certain disasters.
(3)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 36 of the bill, in amended
Section 26.04(e), Tax Code, to read as follows:
(e)iiBy August 7 or as soon thereafter as practicable, the designated officer
or employee shall submit the rates to the governing body. The designated officer
or employee [He] shall post prominently on the home page of the taxing unit ’s
Internet website [deliver by mail to each property owner in the unit or publish in a
newspaper] in the form prescribed by the comptroller:
(1)iithe no-new-revenue [effective] tax rate, the voter-approval
[rollback] tax rate, and an explanation of how they were calculated;
(2)iithe estimated amount of interest and sinking fund balances and the
estimated amount of maintenance and operation or general fund balances
remaining at the end of the current fiscal year that are not encumbered with or by
corresponding existing debt obligation; and
(3)iia schedule of the taxing unit ’s debt obligations showing:
(A)iithe amount of principal and interest that will be paid to service
the taxing unit ’s debts in the next year from property tax revenue, including
payments of lawfully incurred contractual obligations providing security for the
payment of the principal of and interest on bonds and other evidences of
indebtedness issued on behalf of the taxing unit by another political subdivision
and, if the taxing unit is created under Section 52, Article III, or Section 59,
Article XVI, Texas Constitution, payments on debts that the taxing unit
anticipates to incur in the next calendar year;
(B)iithe amount by which taxes imposed for debt are to be increased
because of the taxing unit s’ anticipated collection rate; and
(C)iithe total of the amounts listed in Paragraphs (A)-(B), less any
amount collected in excess of the previous year ’s anticipated collections certified
as provided in Subsection (b)[;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5961
[(4)iithe amount of additional sales and use tax revenue anticipated in
calculations under Section 26.041;
[(5)iia statement that the adoption of a tax rate equal to the effective tax
rate would result in an increase or decrease, as applicable, in the amount of taxes
imposed by the unit as compared to last year ’s levy, and the amount of the
increase or decrease;
[(6)iiin the year that a taxing unit calculates an adjustment under
Subsection (i) or (j), a schedule that includes the following elements:
[(A)iithe name of the unit discontinuing the department, function, or
activity;
[(B)iithe amount of property tax revenue spent by the unit listed
under Paragraph (A) to operate the discontinued department, function, or activity
in the 12 months preceding the month in which the calculations required by this
chapter are made; and
[(C)iithe name of the unit that operates a distinct department,
function, or activity in all or a majority of the territory of a taxing unit that has
discontinued operating the distinct department, function, or activity; and
[(7)iiin the year following the year in which a taxing unit raised its
rollback rate as required by Subsection (j), a schedule that includes the following
elements:
[(A)iithe amount of property tax revenue spent by the unit to
operate the department, function, or activity for which the taxing unit raised the
rollback rate as required by Subsection (j) for the 12 months preceding the month
in which the calculations required by this chapter are made; and
[(B)iithe amount published by the unit in the preceding tax year
under Subdivision (6)(B)].
Explanation: The change is necessary to remove the requirement that the
designated officer or employee of a taxing unit publish certain tax information in
a newspaper.
(4)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 37 of the bill, in added
Section 26.041(c-1)(2), Tax Code, to read as follows:
(2)iithe third tax year after the tax year in which the disaster occurred.
Explanation: The change is necessary to limit the period of time during
which certain taxing units may calculate the voter-approval tax rate of the taxing
unit at a higher rate following certain disasters.
(5)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee to
add text on a matter not included in either the house or senate version of the bill
in proposed SECTION 43 of the bill by adding the following new Section
26.0443, Tax Code, to the bill:
Sec.i26.0443.iiTAX RATE ADJUSTMENT FOR ELIGIBLE COUNTY
HOSPITAL EXPENDITURES. (a) In this section:
(1)ii"Eligible county hospital" means a hospital that:
(A)iiis:
(i)iiowned or leased by a county and operated in accordance
with Chapter 263, Health and Safety Code; or
5962 86th LEGISLATURE — REGULAR SESSION
(ii)iiowned or leased jointly by a municipality and a county and
operated in accordance with Chapter 265, Health and Safety Code; and
(B)iiis located in an area not served by a hospital district created
under Sections 4 through 11, Article IX, Texas Constitution.
(2)ii"Eligible county hospital expenditures" for a tax year means the
amount paid by a county or municipality in the period beginning on July 1 of the
tax year preceding the tax year for which the tax is adopted and ending on June
30 of the tax year for which the tax is adopted to maintain and operate an eligible
county hospital.
(b)iiIf a county ’s or municipality ’s eligible county hospital expenditures
exceed the amount of those expenditures for the preceding tax year, the
no-new-revenue maintenance and operations rate for the county or municipality,
as applicable, is increased by the lesser of the rates computed according to the
following formulas:
(Current Tax Year s’ Eligible County Hospital Expenditures - Preceding
Tax Year s’ Eligible County Hospital Expenditures) / (Current Total
Value - New Property Value)
or
(Preceding Tax Year ’s Eligible County Hospital Expenditures x 0.08) /
(Current Total Value - New Property Value)
(c)iiThe county or municipality shall include a notice of the increase in the
no-new-revenue maintenance and operations rate provided by this section,
including a description and amount of eligible county hospital expenditures, in
the information published under Section 26.04(e) and, as applicable, in the notice
prescribed by Section 26.06 or 26.061.
Explanation: The addition is necessary to add a provision to Title 1 of the
Tax Code to provide for a tax rate adjustment for eligible county hospital
expenditures.
(6)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 48 of the bill, in amended
Section 26.06(a), Tax Code, to read as follows:
(a)iiA public hearing required by Section 26.05 may not be held before the
fifth [seventh] day after the date the notice of the public hearing is given. The
[second hearing may not be held earlier than the third day after the date of the
first hearing. Each] hearing must be on a weekday that is not a public holiday.
The [Each] hearing must be held inside the boundaries of the unit in a publicly
owned building or, if a suitable publicly owned building is not available, in a
suitable building to which the public normally has access. At the hearing
[hearings], the governing body must afford adequate opportunity for proponents
and opponents of the tax increase to present their views.
Explanation: The change is necessary to prohibit holding a public hearing on
certain proposed tax rates before the fifth day after the date the notice of hearing
is given.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5963
(7)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 48 of the bill, in added
Sections 26.06(b-1) and (b-3), Tax Code, in the language of the statement
prescribed by those subsections that describes the effect of the rejection by the
voters of the proposed tax rate, to read as follows:
If a majority of the voters reject the proposed tax rate, the tax rate of the (name of
taxing unit) will be the voter-approval tax rate.
Explanation: The change is necessary to provide notice of what tax rate
applies to a taxing unit in a tax year if the voters reject a proposed tax rate that
exceeds the voter-approval tax rate.
(8)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee to
add text on a matter not in disagreement in SECTION 48 of the bill, in added
Sections 26.06(b-1), (b-2), and (b-3), Tax Code, to read as follows:
"The 86th Texas Legislature modified the manner in which the
voter-approval tax rate is calculated to limit the rate of growth of property taxes
in the state."
Explanation: The addition is necessary to require that the notice of a public
hearing on certain proposed tax rates include a statement that the 86th Texas
Legislature modified the manner in which the voter-approval tax rate is
calculated.
(9)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 48 of the bill, in amended
Sections 26.06(d) and (e), Tax Code, to read as follows:
(d)iiThe governing body may vote on the proposed tax rate at the public
hearing. If the governing body does not vote on the proposed tax rate at the
public hearing, [At the public hearings] the governing body shall announce at the
public hearing the date, time, and place of the meeting at which it will vote on the
proposed tax rate. [After each hearing the governing body shall give notice of the
meeting at which it will vote on the proposed tax rate and the notice shall be in
the same form as prescribed by Subsections (b) and (c), except that it must state
the following:
["NOTICE OF TAX REVENUE INCREASE
["The (name of the taxing unit) conducted public hearings on (date of first
hearing) and (date of second hearing) on a proposal to increase the total tax
revenues of the (name of the taxing unit) from properties on the tax roll in the
preceding year by (percentage by which proposed tax rate exceeds lower of
rollback tax rate or effective tax rate calculated under this chapter) percent.
["The total tax revenue proposed to be raised last year at last year ’s tax rate
of (insert tax rate for the preceding year) for each $100 of taxable value was
(insert total amount of taxes imposed in the preceding year).
["The total tax revenue proposed to be raised this year at the proposed tax
rate of (insert proposed tax rate) for each $100 of taxable value, excluding tax
revenue to be raised from new property added to the tax roll this year, is (insert
amount computed by multiplying proposed tax rate by the difference between
current total value and new property value).
5964 86th LEGISLATURE — REGULAR SESSION
["The total tax revenue proposed to be raised this year at the proposed tax
rate of (insert proposed tax rate) for each $100 of taxable value, including tax
revenue to be raised from new property added to the tax roll this year, is (insert
amount computed by multiplying proposed tax rate by current total value).
["The (governing body of the taxing unit) is scheduled to vote on the tax rate
that will result in that tax increase at a public meeting to be held on (date of
meeting) at (location of meeting, including mailing address) at (time of meeting).
["The (governing body of the taxing unit) proposes to use the increase in
total tax revenue for the purpose of (description of purpose of increase)."]
(e)iiA [The] meeting to vote on the tax increase may not be held [earlier than
the third day or] later than the seventh [14th] day after the date of the [second]
public hearing. The meeting must be held inside the boundaries of the taxing unit
in a publicly owned building or, if a suitable publicly owned building is not
available, in a suitable building to which the public normally has access. [If the
governing body does not adopt a tax rate that exceeds the lower of the rollback
tax rate or the effective tax rate by the 14th day, it must give a new notice under
Subsection (d) before it may adopt a rate that exceeds the lower of the rollback
tax rate or the effective tax rate.]
Explanation: The changes are necessary to provide the manner in which the
governing body of a taxing unit must in certain circumstances provide notice of
the meeting at which the governing body will adopt the taxing unit ’s proposed tax
rate.
(10)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee
to add text on a matter not in disagreement in SECTION 49 of the bill, in added
Section 26.061(b), Tax Code, to read as follows:
"The 86th Texas Legislature modified the manner in which the
voter-approval tax rate is calculated to limit the rate of growth of property taxes
in the state."
Explanation: The addition is necessary to require that the notice of a meeting
on certain proposed tax rates include a statement that the 86th Texas Legislature
modified the manner in which the voter-approval tax rate is calculated.
(11)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee
to amend text not in disagreement in proposed SECTION 57 of the bill, in added
Section 26.16(d-2), Tax Code, to read as follows:
(d-2)iiNot later than August 7, the county assessor-collector shall post on the
website the tax rate calculation forms described by Subsection (d-1)(1) for the
current tax year.
Explanation: The change is necessary to give the county assessor-collector
of a county more time to post certain tax rate calculation forms on the Internet.
(12)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee
to add text on a matter not in disagreement in SECTION 57 of the bill, in added
Section 26.17(a), Tax Code, to read as follows:
(6)iiincludes the following statement: "The 86th Texas Legislature
modified the manner in which the voter-approval tax rate is calculated to limit the
rate of growth of property taxes in the state.".
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5965
Explanation: The addition is necessary to require the chief appraiser of an
appraisal district to include in a property tax database a statement that the 86th
Texas Legislature modified the manner in which the voter-approval tax rate is
calculated.
(13)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee
to amend text not in disagreement in proposed SECTION 58 of the bill, in
amended Section 31.12(b)(2), Tax Code, to read as follows:
(2)iiif the refund is required by Section 26.07(g) or 26.075(k), on the
date the results of the election to approve or reduce the tax rate, as applicable, are
certified;
Explanation: The change is necessary to change the date on which liability
for certain tax refunds arises.
(14)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee
to add text on a matter not in disagreement in SECTION 66 of the bill, in
amended Section 41.66, Tax Code, to read as follows:
(j-2)iiAn appraisal review board must schedule a hearing on a protest filed
by a property owner who is 65 years of age or older, disabled, a military service
member, a military veteran, or the spouse of a military service member or military
veteran before scheduling a hearing on a protest filed by a designated agent of a
property owner.
Explanation: The addition is necessary to require an appraisal review board
to schedule a hearing on a protest filed by certain persons before those of other
persons.
(15)iiHouse Rule 13, Section 9(a)(2), is suspended to permit the committee
to omit text not in disagreement by omitting SECTION 68 of the senate
engrossment of SBi2iand the corresponding section of the bill as the bill was
amended by the house, which reads as follows:
SECTIONi68.iiSection 45.105(e), Education Code, is amended to read as
follows:
(e)iiThe governing body of an independent school district that governs a
junior college district under Subchapter B, Chapter 130, in a county with a
population of more than two million may dedicate a specific percentage of the
local tax levy to the use of the junior college district for facilities and equipment
or for the maintenance and operating expenses of the junior college district. To be
effective, the dedication must be made by the governing body on or before the
date on which the governing body adopts its tax rate for a year. The amount of
local tax funds derived from the percentage of the local tax levy dedicated to a
junior college district from a tax levy may not exceed the amount that would be
levied by five percent of the no-new-revenue [effective] tax rate for the tax year
calculated as provided by Section 26.04, Tax Code, on all property taxable by the
school district. All real property purchased with these funds is the property of the
school district, but is subject to the exclusive control of the governing body of the
junior college district for as long as the junior college district uses the property
for educational purposes.
Explanation: The omission is necessary to ensure consistency of
terminology used in the Education Code to describe certain tax rates.
5966 86th LEGISLATURE — REGULAR SESSION
(16)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding the following new SECTIONS to the bill:
SECTIONi76.iiSection 281.107(j), Health and Safety Code, is amended to
read as follows:
(j)iiThe portion of the rate of ad valorem tax that is to be levied and assessed
each year by or for the district that is allocated by the district to the payment of
the principal of and the interest on bonds and other obligations or the
maintenance of reserves therefor in accordance with this section shall be applied
as a payment on current debt in calculating the current debt rate under the
applicable voter-approval tax rate [rollback] provisions of Chapter 26, Tax Code.
SECTIONi77.iiThe heading to Section 281.124, Health and Safety Code, is
amended to read as follows:
Sec.i281.124.iiELECTION TO APPROVE TAX RATE IN EXCESS OF
VOTER-APPROVAL [ROLLBACK] TAX RATE.
Explanation: The addition is necessary to ensure consistency of terminology
used in the Health and Safety Code and Title 1 of the Tax Code to describe
certain tax rates.
(17)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee
to add text on a matter not in disagreement in SECTION 78 of the bill, in
amended Section 281.124, Health and Safety Code, to read as follows:
(b)iiThe board may hold an election at which the registered voters of the
district may approve a tax rate for the current tax year that exceeds the district ’s
voter-approval [rollback] tax rate for the year computed under Chapter 26, Tax
Code, by a specific rate stated in dollars and cents per $100 of taxable value.
(c)iiAn election under this section must be held at least 180 days before the
date on which the district ’s tax rate is adopted by the board.iiAt the election, the
ballot shall be prepared to permit voting for or against the
proposition:ii"Approving the ad valorem tax rate of $ (insert total proposed tax
rate) per $100 valuation in (insert district name) for the (insert current tax year)
tax year, a rate that exceeds the district ’s voter-approval [rollback] tax rate.iiThe
proposed ad valorem tax rate exceeds the ad valorem tax rate most recently
adopted by the district by $ (insert difference between proposed and preceding
year ’s tax rates) per $100 valuation."
Explanation: The addition is necessary to ensure consistency of terminology
used in the Health and Safety Code and Title 1 of the Tax Code to describe
certain tax rates.
(18)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding the following new SECTION to the bill:
SECTIONi85.iiSection 49.057, Water Code, is amended by amending
Subsection (b) and adding Subsection (b-1) to read as follows:
(b)iiThe board shall adopt an annual budget. The board of a developed
district, as defined by Section 49.23602, shall include as an appendix to the
budget the district ’s:
(1)iiaudited financial statements;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5967
(2)iibond transcripts; and
(3)iiengineer ’s reports required by Section 49.106.
(b-1)iiAll district employees are employed at the will of the district unless
the district and employee execute a written employment contract.
Explanation: The addition is necessary to ensure that the board of certain
special districts includes an appendix in the district ’s budget that includes certain
information.
(19)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee
to amend text not in disagreement in proposed SECTION 105 of the bill, in the
transition language, to read as follows:
SECTIONi105.ii(a) An appraisal district established in a county with a
population of 200,000 or more and each taxing unit located wholly or primarily
in such an appraisal district shall comply with Sections 26.04(e-2), 26.05(d-1)
and (d-2), 26.17, and 26.18, Tax Code, as added by this Act, beginning with the
2020itax year.
(b)iiAn appraisal district established in a county with a population of less
than 200,000 and each taxing unit located wholly or primarily in such an
appraisal district shall comply with Sections 26.04(e-2), 26.05(d-1) and (d-2),
26.17, and 26.18, Tax Code, as added by this Act, beginning with the 2021 tax
year.
Explanation: The change is necessary to provide for the applicability and
implementation of certain provisions of the Tax Code added by the bill.
(20)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee
to amend text not in disagreement in proposed SECTION 111 of the bill, in the
transition language, to read as follows:
SECTIONi111.iiSections 41.46, 41.461, 41.47, 41.66(h), (i), and (j), and
41.67, Tax Code, as amended by this Act, and Sections 41.66(j-1), (j-2), and (p),
Tax Code, as added by this Act, apply only to a protest for which the notice of
protest was filed by a property owner or the designated agent of the owner with
the appraisal review board established for an appraisal district on or after
Januaryi1, 2020.
Explanation: The change is necessary to provide for the implementation of
certain provisions of the Tax Code added by the bill.
(21)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding the following new SECTIONS to the bill:
SECTIONi115.iiSection 42.081, Tax Code, as added by this Act, applies
only to an appeal under Chapter 42, Tax Code, that is filed on or after Januaryi1,
2020.
SECTIONi117.iiSection 49.057, Water Code, as amended by this Act,
applies only to a budget adopted on or after January 1, 2020.
Explanation: The changes are necessary to provide for the implementation of
certain provisions of the Tax Code and Water Code added by the bill.
5968 86th LEGISLATURE — REGULAR SESSION
(22)iiHouse Rule 13, Section 9(a)(2), is suspended to permit the committee
to omit text not in disagreement in SECTION 110 of the senate engrossment of
SBi2iand the corresponding section of the bill as the bill was amended by the
house by striking references to Sections 26.04(e-2), (e-3), and (e-4) and Sections
26.05(d-1) and (d-2), Tax Code.
Explanation: The omission is necessary to implement the changes made in
SECTION 105 by the bill.
HR 2184 was adopted by (Record 1938): 116 Yeas, 19 Nays, 1 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.;
Biedermann; Blanco; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows; Button;
Cain; Calanni; Canales; Capriglione; Coleman; Cortez; Craddick; Cyrier; Darby;
Dean; Dominguez; Fierro; Flynn; Frank; Frullo; Geren; Goldman; Goodwin;
Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hinojosa; Holland; Howard;
Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick;
Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria;
Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Moody;
Morrison; Muñoz; Murphy; Murr; Nevárez; Noble; Oliverson; Ortega; Pacheco;
Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Raymond; Rodriguez;
Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee;
Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thompson, E.;
Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray;
Wu; Zedler; Zerwas; Zwiener.
Nays — Beckley; Cole; Collier; Davis, Y.; Gervin-Hawkins; González, J.;
González, M.; Hernandez; Lopez; Meza; Minjarez; Morales; Neave; Perez;
Ramos; Reynolds; Sherman; Thierry; Thompson, S.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Clardy; Davis, S.; Herrero; Johnson, E.; Johnson, J.D.;
Lucio; Romero; Vo.
Absent — Bernal; Bowers; Deshotel; Dutton; Farrar; Rose.
STATEMENTS OF VOTE
When Record No. 1938 was taken, I was shown voting yes. I intended to
vote no.
Calanni
When Record No. 1938 was taken, I was shown voting no. I intended to
vote yes.
Neave
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of
today because of important business:
Dutton on motion of K. King.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5969
SB 2 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Burrows submitted the conference committee report on SBi2.
Representative Burrows moved to adopt the conference committee report on
SBi2.
The motion to adopt the conference committee report on SBi2 prevailed by
(Record 1939): 88 Yeas, 50 Nays, 0 Present, not voting.
Yeas — Mr. Speaker(C); Allison; Anderson; Ashby; Bailes; Bell, C.; Bell,
K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain;
Canales; Capriglione; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Frullo;
Geren; Goldman; Guerra; Guillen; Harless; Harris; Hefner; Holland; Huberty;
Hunter; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf;
Lang; Larson; Leach; Leman; Longoria; Lozano; Metcalf; Meyer; Middleton;
Miller; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Pacheco; Paddie;
Parker; Patterson; Paul; Phelan; Price; Raney; Raymond; Sanford; Schaefer;
Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland;
Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson;
Wray; Zedler; Zerwas.
Nays — Allen; Anchia; Beckley; Blanco; Bowers; Bucy; Calanni; Cole;
Coleman; Collier; Cortez; Davis, Y.; Deshotel; Dominguez; Fierro;
Gervin-Hawkins; González, J.; González, M.; Goodwin; Gutierrez; Hernandez;
Hinojosa; Howard; Israel; Johnson, J.E.; Lopez; Martinez; Martinez Fischer;
Meza; Minjarez; Moody; Morales; Neave; Nevárez; Ortega; Perez; Ramos;
Reynolds; Rodriguez; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson,
S.; Turner, C.; Turner, J.; Walle; Wu; Zwiener.
Absent, Excused — Clardy; Davis, S.; Dutton; Herrero; Johnson, E.;
Johnson, J.D.; Lucio; Romero; Vo.
Absent — Bernal; Farrar; King, T.
STATEMENTS OF VOTE
When Record No. 1939 was taken, I was excused because of illness in the
family. I would have voted yes.
S. Davis
When Record No. 1939 was taken, I was excused because of family
business. I would have voted yes.
Romero
HR 2186 - ADOPTED
(by Huberty)
The following privileged resolution was laid before the house:
5970 86th LEGISLATURE — REGULAR SESSION
HR 2186
BE IT RESOLVED by the House of Representatives of the State of Texas,
86th Legislature, Regular Session, 2019, That House Rule 13, Section 9(a), be
suspended in part as provided by House Rule 13, Section 9(f), to enable the
conference committee appointed to resolve the differences on HBi3 (public
school finance and public education; creating a criminal offense; authorizing the
imposition of a fee) to consider and take action on the following matters:
(1)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 1.004 of the bill,
amending Section 25.084, Education Code, to read as follows:
SECTIONi1.004.ii(a) Effective September 1, 2019, Section 25.084(b),
Education Code, is amended to read as follows:
(b)iiThe operation of schools year-round by a district does not affect the
amount of state funds to which the district is entitled under Chapter 48 [42].
(b)iiEffective September 1, 2020, Section 25.084, Education Code, is
amended by amending Subsection (b) and adding Subsection (c) to read as
follows:
Explanation: The change is necessary to delay the implementation of certain
provisions of Section 25.084, Education Code.
(2)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee to
add text on a matter not in disagreement in proposed SECTION 1.009 of the bill,
in added Section 45.0032(e), Education Code, to read as follows:
(e)iiFor the 2019 tax year, Section 48.202(f) applies to a district s’
maintenance and operations tax rate after adjusting the district ’s rate in
accordance with this section. This subsection expires September 1, 2020.
Explanation: The addition is necessary to determine the application of
Section 48.202(f), Education Code, to a school district ’s maintenance and
operations tax rate for the 2019itax year.
(3)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 1.014 of the bill, adding
Section 48.0051, Education Code, to read as follows:
SECTIONi1.014.iiEffective September 1, 2020, Subchapter A, Chapter 48,
Education Code, as added by this Act, is amended by adding Section 48.0051 to
read as follows:
Explanation: The change is necessary to delay the implementation of
Section 48.0051, Education Code.
(4)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee to
add text on a matter not in disagreement in SECTION 1.014 of the bill, in added
Section 48.0051, Education Code, to read as follows:
(f)iiA school district or open-enrollment charter school may use funding
attributable to the incentive provided under this section to pay costs associated
with providing academic instruction in a voluntary summer program for students
enrolled in the district or school.
Explanation: The addition is necessary to allow school districts and
open-enrollment charter schools to use certain funding to pay costs associated
with certain summer programs.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5971
(5)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 1.015 of the bill, in
transferred, redesignated, and amended Sections 48.006(a) and (c), Education
Code, to read as follows:
(a)iiThe [From funds specifically appropriated for the purpose or other funds
available to the commissioner for that purpose, the] commissioner may [shall]
adjust the average daily attendance of a school district all or part of which is
located in an area declared a disaster area by the governor under Chapter 418,
Government Code, if the district experiences a decline in average daily
attendance that is reasonably attributable to the impact of the disaster.
(c)iiThe commissioner may [shall] make the adjustment under [required by]
this section for the two-year period following the date of the governor ’s initial
proclamation or executive order declaring the state of disaster.
Explanation: The changes are necessary to give the commissioner discretion
in adjusting the average daily attendance of a school district located wholly or
partly in a disaster area.
(6)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee to
add text on a matter not in disagreement in proposed SECTION 1.019 of the bill,
in added Sections 48.011(a-1), (b), and (d), Education Code, to read as follows:
(a-1)iiThe commissioner may modify dates relating to the adoption of a
school district ’s maintenance and operations tax rate and, if applicable, an
election required for the district to adopt that rate as necessary to implement the
changes made by HB 3, 86th Legislature, Regular Session, 2019.
(b)iiBefore making an adjustment under Subsection (a) or (a-1), the
commissioner shall notify and must receive approval from the Legislative Budget
Board and the office of the governor.
(d)iiBeginning with the 2021-2022 school year, the commissioner may not
make an adjustment under Subsection (a) or (a-1).
Explanation: The addition is necessary to permit the commissioner to
modify dates relating to a school district ’s maintenance and operations tax rate
after receiving approval from the Legislative Budget Board and the office of the
governor until the beginning of the 2021-2022 school year.
(7)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee to
add text on a matter not in disagreement in proposed SECTION 1.021 of the bill,
in transferred, redesignated, and amended Section 48.051, Education Code, to
read as follows:
(d)iiIn this section, "compensation" includes benefits such as insurance
premiums.
Explanation: The addition is necessary to include benefits in the definition
of "compensation."
(8)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee to
add text on a matter not in disagreement in proposed SECTION 1.024 of the bill,
in added Section 48.101, Education Code, to read as follows:
5972 86th LEGISLATURE — REGULAR SESSION
(d)iiInstead of the allotment under Subsection (b) or (c)(1), a school district
that has fewer than 300 students in average daily attendance and is the only
school district located in and operating in a county is entitled to an annual
allotment for each student in average daily attendance based on the following
formula:
AA = ((1,600 - ADA) X .00047) X BA
Explanation: The addition is necessary to provide an allotment for school
districts with fewer than 300 students in average daily attendance that are the only
district located in and operating in a county.
(9)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to
amend text not in disagreement in proposed SECTION 1.025 of the bill, in
transferred, redesignated, and amended Section 48.102(h), Education Code, to
read as follows:
(h)iiAt least 55 percent of the funds [Funds] allocated under this section[,
other than an indirect cost allotment established under State Board of Education
rule,] must be used in the special education program under Subchapter A,
Chapter 29.
Explanation: The change is necessary to require a certain percentage of
funding provided by the special education allotment to be used for a special
education program under Subchapter A, Chapter 29, Education Code.
(10)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding the following new language to proposed SECTION 1.031 of the
bill:
Sec.i48.1101.iiSTUDY ON ALTERNATIVE CAREER READINESS
MEASURES FOR SMALL AND RURAL DISTRICTS.i (a) The agency shall
conduct a study on alternative career readiness measures for small and rural
school districts to determine if annual graduates demonstrate career readiness
under Section 48.110(f)(2)(B).
(b)iiNot later than January 1, 2021, the agency shall submit to the legislature
a report on the results of the study and any recommendations for legislative or
other action.
(c)iiThis section expires September 1, 2021.
Explanation: The addition is necessary to require a study on alternative
career readiness measures for small and rural school districts to determine if
annual graduates demonstrate career readiness.
(11)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee
to add text on a matter not in disagreement in proposed SECTION 1.031 of the
bill, in added Section 48.112(g), Education Code, to read as follows:
(g)iiA district is entitled to receive an increased allotment under this section
in the amount necessary for reimbursement for any fees paid under Section
21.3521.
Explanation: The addition is necessary to permit a school district to receive
an allotment in an amount necessary for reimbursement for fees paid under
Section 21.3521, Education Code.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5973
(12)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee
to add text on a matter not in disagreement in proposed SECTION 1.038 of the
bill, in transferred, redesignated, and amended Section 48.202, Education Code,
to read as follows:
(f-1)iiNotwithstanding Subsection (f), for the 2019-2020ischool year, the
reduction of a school district ’s tax rate required under Subsection (f) applies to
the district ’s total enrichment tax rate under Section 45.0032(b) minus eight
cents. This subsection expires Septemberi1, 2020.
Explanation: The addition is necessary to determine the portion of a school
district ’s enrichment tax rate to which the reduction required under Section
48.202(f-1), Education Code, applies for the 2019-2020ischool year.
(13)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee
to add text on a matter not in disagreement in proposed SECTION 1.040 of the
bill, in transferred, redesignated and amended Section 48.256, Education Code, to
read as follows:
(d)iiThis subsection applies to a school district in which the board of trustees
entered into a written agreement with a property owner under Section 313.027,
Tax Code, for the implementation of a limitation on appraised value under
Subchapter B or C, Chapter 313, Tax Code. For purposes of determining "DPV"
under Subsection (a) for a school district to which this subsection applies, the
commissioner shall exclude a portion of the market value of property not
otherwise fully taxable by the district under Subchapter B or C, Chapter 313, Tax
Code, before the expiration of the subchapter. The comptroller shall provide
information to the agency necessary for this subsection. A revenue protection
payment required as part of an agreement for a limitation on appraised value shall
be based on the district ’s taxable value of property for the preceding tax year.
(e)iiSubsection (d) does not apply to property that was the subject of an
application under Subchapter B or C, Chapter 313, Tax Code, made after May 1,
2009, that the comptroller recommended should be disapproved. [A school
district must raise its total local share of the Foundation School Program to be
eligible to receive foundation school fund payments.]
Explanation: The addition is necessary to determine "DPV" for a school
district that has entered into an agreement for the implementation of a limitation
on appraised value under Subchapter B or C, Chapter 313, Tax Code.
(14)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee
to amend text not in disagreement in proposed SECTION 1.041iof the bill, in
added Sections 48.257(a) and (b), Education Code, to read as follows:
(a)iiSubject to Subsection (b), if a school district ’s tier one local share under
Section 48.256 exceeds the district ’s entitlement under Section 48.266(a)(1) less
the district ’s distribution from the state available school fund, the district must
reduce the district ’s tier one revenue level in accordance with Chapter 49 to a
level not to exceed the district ’s entitlement under Section 48.266(a)(1) less the
district ’s distribution from the state available school fund.
(b)iiThis subsection applies only to a school district to which Subsection (a)
applies. If a district ’s maintenance and operations tax collections from the tax rate
described by Section 45.0032(a) for the current tax year minus the required
5974 86th LEGISLATURE — REGULAR SESSION
reduction in a district ’s tier one revenue level under Subsection (a) results in an
amount that is less than the amount of the district ’s entitlement under Section
48.266(a)(1) less the district ’s distribution from the state available school fund,
the agency shall adjust the amount of the reduction required in the district ’s tier
one revenue level under Subsection (a) up to the amount of local funds necessary
for the district ’s entitlement under Section 48.266(a)(1) less the district ’s
distribution from the state available school fund.
Explanation: The change is necessary to determine the amount by which a
school district is required to reduce the district s’ local revenue level under Section
48.257(a), Education Code, to a level not to exceed the district ’s entitlement less
the district ’s distribution from the state available school fund.
(15)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding the following new SECTION to proposed ARTICLE 1 of the bill:
SECTIONi1.046.iiSubchapter G, Chapter 48, Education Code, as added by
this Act, is amended by adding Section 48.302 to read as follows:
Sec.i48.302.iiSUBSIDY FOR HIGH SCHOOL EQUIVALENCY
EXAMINATION FOR CERTAIN INDIVIDUALS. (a) In this section,
"commission" means the Texas Workforce Commission.
(b)iiThe agency shall enter into a memorandum of understanding with the
commission for the agency to transfer to the commission funds specifically
appropriated to the agency 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.
(c)iiThe commission shall adopt rules to implement the subsidy program
described by Subsection (b), including rules regarding eligibility requirements.
Explanation: The addition is necessary to provide for a subsidy for certain
individuals to take a high school equivalency examination.
(16)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding proposed SECTION 1.061 to the bill, amending Section
403.302(d), Government Code, to read as follows:
SECTIONi1.061.iiSection 403.302(d), Government Code, is amended to
read as follows:
(d)iiFor the purposes of this section, "taxable value" means the market value
of all taxable property less:
(1)iithe total dollar amount of any residence homestead exemptions
lawfully granted under Section 11.13(b) or (c), Tax Code, in the year that is the
subject of the study for each school district;
(2)iione-half of the total dollar amount of any residence homestead
exemptions granted under Section 11.13(n), Tax Code, in the year that is the
subject of the study for each school district;
(3)iithe total dollar amount of any exemptions granted before May 31,
1993, within a reinvestment zone under agreements authorized by Chapter 312,
Tax Code;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5975
(4)iisubject to Subsection (e), the total dollar amount of any captured
appraised value of property that:
(A)iiis within a reinvestment zone created on or before May 31,
1999, or is proposed to be included within the boundaries of a reinvestment zone
as the boundaries of the zone and the proposed portion of tax increment paid into
the tax increment fund by a school district are described in a written notification
provided by the municipality or the board of directors of the zone to the
governing bodies of the other taxing units in the manner provided by former
Section 311.003(e), Tax Code, before May 31, 1999, and within the boundaries
of the zone as those boundaries existed on September 1, 1999, including
subsequent improvements to the property regardless of when made;
(B)iigenerates taxes paid into a tax increment fund created under
Chapter 311, Tax Code, under a reinvestment zone financing plan approved under
Section 311.011(d), Tax Code, on or before September 1, 1999; and
(C)iiis eligible for tax increment financing under Chapter 311, Tax
Code;
(5)iithe total dollar amount of any captured appraised value of property
that:
(A)iiis within a reinvestment zone:
(i)iicreated on or before December 31, 2008, by a municipality
with a population of less than 18,000; and
(ii)iithe project plan for which includes the alteration,
remodeling, repair, or reconstruction of a structure that is included on the
National Register of Historic Places and requires that a portion of the tax
increment of the zone be used for the improvement or construction of related
facilities or for affordable housing;
(B)iigenerates school district taxes that are paid into a tax increment
fund created under Chapter 311, Tax Code; and
(C)iiis eligible for tax increment financing under Chapter 311, Tax
Code;
(6)iithe total dollar amount of any exemptions granted under Section
11.251 or 11.253, Tax Code;
(7)iithe difference between the comptroller ’s estimate of the market
value and the productivity value of land that qualifies for appraisal on the basis of
its productive capacity, except that the productivity value estimated by the
comptroller may not exceed the fair market value of the land;
(8)iithe portion of the appraised value of residence homesteads of
individuals who receive a tax limitation under Section 11.26, Tax Code, on which
school district taxes are not imposed in the year that is the subject of the study,
calculated as if the residence homesteads were appraised at the full value required
by law;
(9)iia portion of the market value of property not otherwise fully taxable
by the district at market value because of[:
[(A)]iiaction required by statute or the constitution of this state,
other than Section 11.311, Tax Code, that, if the tax rate adopted by the district is
applied to it, produces an amount equal to the difference between the tax that the
5976 86th LEGISLATURE — REGULAR SESSION
district would have imposed on the property if the property were fully taxable at
market value and the tax that the district is actually authorized to impose on the
property, if this subsection does not otherwise require that portion to be deducted;
[or
[(B)iiaction taken by the district under Subchapter B or C, Chapter
313, Tax Code, before the expiration of the subchapter;]
(10)iithe market value of all tangible personal property, other than
manufactured homes, owned by a family or individual and not held or used for
the production of income;
(11)iithe appraised value of property the collection of delinquent taxes
on which is deferred under Section 33.06, Tax Code;
(12)iithe portion of the appraised value of property the collection of
delinquent taxes on which is deferred under Section 33.065, Tax Code; and
(13)iithe amount by which the market value of a residence homestead to
which Section 23.23, Tax Code, applies exceeds the appraised value of that
property as calculated under that section.
Explanation: The addition is necessary to remove from the definition of
"taxable value" a portion of the market value of certain property.
(17)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding proposed SECTION 1A.001 to the bill, amending Section 13.054,
Education Code, to read as follows:
SECTIONi1A.001.iiEffective September 1, 2020, Section 13.054,
Education Code, is amended by amending Subsection (f) and adding Subsection
(f-1) to read as follows:
(f)iiFor five years beginning with the school year in which the annexation
occurs, a school district shall receive additional funding under this subsection or
Subsection (h). The amount of funding shall be determined by multiplying the
lesser of the enlarged district ’s local fund assignment computed under Section
48.256 [42.252] or the enlarged district s’ total cost of tier one by a fraction, the
numerator of which is the number of students residing in the territory annexed to
the receiving district preceding the date of the annexation and the denominator of
which is the number of students residing in the district as enlarged on the date of
the annexation, and multiplying the resulting product by the quotient of the
enlarged district ’s maximum compressed tax rate, as determined under Section
48.2551, for the current school year divided by the receiving district ’s maximum
compressed tax rate, as determined under Section 48.2551, for the year in which
the annexation occurred.
(f-1)iiNotwithstanding Subsection (f), for an annexation that occurred before
September 1, 2019, for five years beginning with the school year in which the
annexation occurs, a school district shall receive additional funding under this
subsection or Subsection (h). The amount of funding shall be determined by
multiplying the lesser of the enlarged district ’s local fund assignment computed
under Section 48.256 or the enlarged district s’ total cost of tier one by a fraction,
the numerator of which is the number of students residing in the territory annexed
to the receiving district preceding the date of the annexation and the denominator
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5977
of which is the number of students residing in the district as enlarged on the date
of the annexation, and dividing the receiving district ’s maximum compressed tax
rate, as determined under Section 48.2551. This subsection expires September 1,
2021.
Explanation: The addition is necessary to determine an additional amount of
funding to which a district to which territory is annexed under Section 13.054,
Education Code, is entitled beginning September 1, 2020.
(18)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding the following new language to SECTION 1A.007 of the bill:
S e c . i 4 8 . 2 5 5 4 . i i S T U D Y O N D I S T R I C T P R O P E RT Y TA X
COMPRESSION. (a) The Legislative Budget Board, in conjunction with other
appropriate state agencies, shall study possible methods of providing property tax
relief through the reduction of school district maintenance and operations taxes.
The study must evaluate:
(1)iipotential sources of revenue that may be used to reduce school
district maintenance and operations taxes;
(2)iimethods of limiting increases in maintenance and operations tax
revenue that adjust for enrollment growth, inflation, and other relevant factors;
and
(3)iifor each method of providing property tax relief considered:
(A)iiany difference in anticipated benefits to property taxpayers
based on the school district in which the taxpayer resides;
(B)iithe cost to the state; and
(C)iithe anticipated impact on equity in the public school finance
system.
(b)iiNot later than September 1, 2020, the Legislative Budget Board shall
submit to the governor, the lieutenant governor, and the speaker of the house of
representatives a report on the results of the study and any recommendations for
legislative or other action.
(c)iiThis section expires September 1, 2021.
Explanation: The addition is necessary to require a study on methods of
providing property tax relief through the reduction of school district maintenance
and operations taxes.
(19)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding proposed SECTION 2.005 to the bill, adding Section 21.048(a-2),
Education Code, to read as follows:
SECTIONi2.005.iiSection 21.048, Education Code, is amended by adding
Subsection (a-2) to read as follows:
(a-2)iiThe board shall adopt rules that provide that in order to teach any
grade level from prekindergarten through grade six a person must demonstrate
proficiency in the science of teaching reading on a certification examination for
each class of certificate issued by the board after January 1, 2021.
5978 86th LEGISLATURE — REGULAR SESSION
Explanation: The addition is necessary to require the State Board for
Educator Certification to adopt rules requiring certain teachers to demonstrate
proficiency in the science of teaching reading on a certification examination.
(20)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding proposed SECTION 2.008 to the bill, adding Section 21.3521,
Education Code, to read as follows:
SECTIONi2.008.iiSubchapter H, Chapter 21, Education Code, is amended
by adding Section 21.3521 to read as follows:
Sec.i21.3521.iiLOCAL OPTIONAL TEACHER DESIGNATION
SYSTEM. (a) Subject to Subsection (b), a school district or open-enrollment
charter school may designate a certified 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.
(b)iiThe commissioner shall establish performance and validity standards for
each local optional teacher designation system. The performance standards:
(1)iimust provide a mathematical possibility that all teachers eligible for
a designation may earn the designation; and
(2)iimay not require a district to use an assessment instrument adopted
under Section 39.023 to evaluate teacher performance.
(c)iiNotwithstanding performance standards established under Subsection
(b), a classroom teacher that holds a National Board Certification issued by the
National Board for Professional Teaching Standards may be designated as
recognized.
(d)iiThe commissioner shall:
(1)iiensure that local optional teacher designation systems:
(A)iimeet the requirements of this section; and
(B)iiprioritize high needs campuses; and
(2)iienter into a memorandum of understanding with Texas Tech
University to monitor the quality and fairness of local optional teacher
designation systems.
(e)iiThe agency shall develop and provide technical assistance for school
districts and open-enrollment charter schools that request assistance in
implementing a local optional teacher designation system, including assistance in
prioritizing high needs campuses.
(f)iiA teacher has no vested property right in a teacher designation assigned
to the teacher under this section. A teacher designation issued under this section
is void in the determination that the designation was issued improperly.
Subchapters C through H, Chapter 2001, Government Code, do not apply to the
voiding of a teacher designation under this subsection.
(g)iiThe agency shall periodically conduct evaluations of the effectiveness of
the local optional teacher designation systems under this section and the teacher
incentive allotment under Section 48.112 and report the results of the evaluations
to the legislature. A school district or open-enrollment charter school that has
implemented a local optional teacher designation system or received funds under
the teacher incentive allotment shall participate in the evaluations.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5979
(h)iiThe agency shall collect information necessary to implement this
section. Information otherwise confidential remains confidential and is not
subject to Chapter 552, Government Code.
(i)iiThe commissioner may adopt fees to implement this section. A fee
adopted by the agency under this section is not subject to Sections 2001.0045 and
2001.0221, Government Code.
(j)iiThe commissioner may adopt rules to implement this section. A decision
made by the commissioner under this section is final and may not be appealed.
Explanation: The addition is necessary to permit school districts and
open-enrollment charter schools to develop local optional teacher designation
systems.
(21)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee
to amend text not in disagreement in proposed SECTION 2.011 of the bill,
adding Section 25.085(i), Education Code, to read as follows:
SECTIONi2.011.iiEffective September 1, 2020, Section 25.085, Education
Code, is amended by adding Subsection (i) to read as follows:
Explanation: The change is necessary to delay the implementation of
Section 25.085(i), Education Code.
(22)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill by adding the following new SECTION to proposed ARTICLE 2 of the bill:
SECTIONi2.013.iiSubchapter A, Chapter 28, Education Code, is amended
by adding Section 28.0062 to read as follows:
Sec.i28.0062.iiREADING STANDARDS FOR KINDERGARTEN
THROUGH THIRD GRADE. (a) Each school district and open-enrollment
charter school shall:
(1)iiprovide 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)iiensure that:
(A)iinot later than the 2021-2022 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)iieach classroom teacher and each principal initially employed in
a grade level or at a campus described by Paragraph (A) for the 2021-2022 school
year or a subsequent school year has attended a teacher literacy achievement
academy developed under Section 21.4552 before the teacher ’s or principal ’s first
year of placement in that grade level or campus; and
(3)iicertify to the agency that the district or school:
(A)iiprioritizes placement of highly effective teachers in
kindergarten through second grade; and
(B)iihas integrated reading instruments used to diagnose reading
development and comprehension to support each student in prekindergarten
through third grade.
5980 86th LEGISLATURE — REGULAR SESSION
(b)iiThe agency shall provide assistance to school districts and
open-enrollment charter schools in complying with the requirements under this
section.
(c)iiThe agency shall:
(1)iimonitor the implementation of this section; and
(2)iiperiodically report to the legislature on the implementation of this
section and the effectiveness of this section in improving educational outcomes.
(d)iiThe commissioner shall establish an advisory board to assist the agency
in fulfilling the agency ’s duties under this section. Chapter 2110, Government
Code, does not apply to the advisory board.
(e)iiThe commissioner may adopt rules to implement this section.
Explanation: The addition is necessary to provide reading standards for
kindergarten through third grade.
(23)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee
to add text on a matter not included in either the house or senate version of the
bill in proposed SECTION 4.001 of the bill by repealing Section 403.302(m),
Government Code.
Explanation: The addition is necessary to repeal Section 403.302(m),
Government Code, which is no longer necessary with the addition of Section
48.256(e), Education Code.
(24)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee
to add text on a matter not in disagreement in proposed SECTION 5.002 of the
bill, in the transition language, to read as follows:
SECTIONi5.002.iiExcept as otherwise provided by this Act, Section 26.08,
Tax Code, as amended by this Act, applies beginning with the 2019itax year. A
school district is required to calculate the district ’s rollback tax rate for the
2019itax year in the manner provided by Section 26.08, Tax Code, as amended
by this Act, regardless of whether the district has already calculated that rate or
adopted a tax rate for the 2019itax year before Septemberi1, 2019.
Explanation: The addition is necessary to ensure a school district calculates
the district ’s rollback tax rate for the 2019itax year in accordance with Section
26.08, Tax Code, as amended by this bill.
HR 2186 was adopted by (Record 1940): 139 Yeas, 0 Nays, 1 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Cole; Coleman;
Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez;
Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.;
González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner;
Hernandez; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.;
Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf;
Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Martinez; Martinez
Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales;
Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega;
Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5981
Raymond; Reynolds; Rodriguez; Rose; Rosenthal; Sanford; Schaefer; Shaheen;
Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland;
Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt;
Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu;
Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Clardy; Davis, S.; Dutton; Herrero; Johnson, E.;
Johnson, J.D.; Lucio; Romero; Vo.
Absent — Farrar.
HB 3 - CONFERENCE COMMITTEE REPORT ADOPTED
Representative Huberty submitted the following conference committee
report on HBi3:
Austin, Texas, May 23, 2019
The Honorable Dan Patrick
President of the Senate
The Honorable Dennis Bonnen
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences
between the senate and the house of representatives on HBi3 have had the same
under consideration, and beg to report it back with the recommendation that it do
pass in the form and text hereto attached.
Taylor Huberty
Campbell Ashby
Nelson Bernal
Watson M. González
West K. King
On the part of the senate On the part of the house
HBi3, A bill to be entitled An Act relating to public school finance and
public education; creating a criminal offense; authorizing the imposition of a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC SCHOOL FINANCE
SECTIONi1.001.iiSubchapter D, Chapter 11, Education Code, is amended
by adding Section 11.184 to read as follows:
Sec.i11.184.iiEFFICIENCY AUDIT. (a) For purposes of this section,
"efficiency audit" means an investigation of the operations of a school district to
examine fiscal management, efficiency, and utilization of resources.
(b)iiExcept as provided by Subsection (b-1), the board of trustees of a school
district shall conduct an efficiency audit before seeking voter approval to adopt a
tax rate for the maintenance and operations of the district at an election held for
that purpose and may not hold the election without complying with this section.
(b-1)iiThe board of trustees of a school district all or part of which is located
in an area declared a disaster area by the governor under Chapter 418,
Government Code, may hold an election to seek voter approval to adopt a
5982 86th LEGISLATURE — REGULAR SESSION
maintenance and operations tax rate during the two-year period following the
date of the declaration without conducting an efficiency audit otherwise required
under this section.
(c)iiA school district must pay for the costs associated with an efficiency
audit required under this section.
(d)iiThe board of trustees of a school district must select an auditor to
conduct an efficiency audit under this section not later than four months before
the date on which the district proposes to hold an election to adopt a maintenance
and operations tax rate.
(e)iiThe board of trustees of a school district may select for purposes of
Subsection (d) the auditor that conducts the district ’s annual audit under Section
44.008 and may include the efficiency audit as part of the district ’s annual audit.
(f)iiThe Legislative Budget Board shall establish guidelines identifying the
scope and areas of investigation of an efficiency audit, including identification of
resources being used effectively and efficiently and identification of cost savings
or reallocations. The Legislative Budget Board may consult with the agency to
identify areas in which school districts in this state have a demonstrated history of
effectively utilizing resources to improve student achievement and achieve cost
savings. The auditor selected by the board of trustees of a school district must
follow the guidelines established by the Legislative Budget Board under this
subsection.
(g)iiAn auditor selected by the board of trustees of a school district must
maintain independence from the district and complete the efficiency audit not
later than three months after the date the auditor was selected.
(h)iiBefore an election at which a school district seeks voter approval to
adopt a tax rate the board of trustees of the school district must hold an open
meeting to discuss the results of the efficiency audit conducted under this section.
Not later than 30 days before the date of the election, the results of an efficiency
audit conducted under this section must be posted on the school district ’s Internet
website.
(i)iiA school district shall provide all documents, records, and personnel
requested by the auditor as needed to conduct the audit in an efficient manner.
SECTIONi1.002.iiSection 12.106, Education Code, is amended by
amending Subsections (a), (a-1), and (a-2) and adding Subsections (a-3) and (a-4)
to read as follows:
(a)iiA charter holder is entitled to receive for the open-enrollment charter
school funding under Chapter 48 [42] equal to the amount of funding per student
in weighted average daily attendance, excluding the adjustment under Section
48.052, the funding under Sections 48.101, 48.110, 48.111, and 48.112, and
enrichment funding under Section 48.202(a) [42.302(a)], to which the charter
holder would be entitled for the school under Chapter 48 [42] if the school were a
school district without a tier one local share for purposes of Section
48.266i[42.253].
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5983
(a-1)iiIn determining funding for an open-enrollment charter school under
Subsection (a), the amount of the allotment under Section 48.102iis based solely
on the basic allotment to which the charter holder is entitled and does not include
any amount based on the allotment under Section 48.101[:
[(1)iiadjustments under Sections 42.102, 42.104, and 42.105 are based
on the average adjustment for the state; and
[(2)iithe 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].
(a-2)iiIn addition to the funding provided by Subsection (a), a charter holder
is entitled to receive for the open-enrollment charter school an allotment per
student in average daily attendance in an amount equal to the difference between:
(1)iithe product of:
(A)iithe quotient of:
(i)iithe total amount of funding provided to eligible school
districts under Section 48.101(b) or (c); and
(ii)iithe total number of students in average daily attendance in
school districts that receive an allotment under Section 48.101(b) or (c); and
(B)iithe sum of one and the quotient of:
(i)iithe total number of students in average daily attendance in
school districts that receive an allotment under Section 48.101(b) or (c); and
(ii)iithe total number of students in average daily attendance in
school districts statewide; and
(2)ii$125.
(a-3)iiIn addition to the funding provided by Subsections [Subsection] (a)
and (a-2), a charter holder is entitled to receive for the open-enrollment charter
school enrichment funding under Section 48.202 [42.302] based on the state
average tax effort.
(a-4)iiIn addition to the funding provided by Subsections (a), (a-2), and
(a-3), a charter holder is entitled to receive funding for the open-enrollment
charter school under Sections 48.110 and 48.112 and Subchapter D, Chapter 48,
if the charter holder would be entitled to the funding if the school were a school
district.
SECTIONi1.003.iiSection 13.054(f), Education Code, is amended to read as
follows:
(f)iiFor five years beginning with the school year in which the annexation
occurs, a school district shall receive additional funding under this subsection or
Subsection (h). The amount of funding shall be determined by multiplying the
lesser of the enlarged district ’s local fund assignment computed under Section
48.256 [42.252] or the enlarged district ’s total cost of tier one by a fraction, the
numerator of which is the number of students residing in the territory annexed to
the receiving district preceding the date of the annexation and the denominator of
which is the number of students residing in the district as enlarged on the date of
the annexation, and dividing the resulting product by the state compression
percentage, as determined under Section 48.255.
5984 86th LEGISLATURE — REGULAR SESSION
SECTIONi1.004.ii(a) Effective September 1, 2019, Section 25.084(b),
Education Code, is amended to read as follows:
(b)iiThe operation of schools year-round by a district does not affect the
amount of state funds to which the district is entitled under Chapter 48 [42].
(b)iiEffective September 1, 2020, Section 25.084, Education Code, is
amended by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b)iiExcept as provided by Subsection (c), the [The] operation of schools
year-round by a district does not affect the amount of state funds to which the
district is entitled under Chapter 48 [42].
(c)iiA district that adopts a year-round system under this section may receive
the incentive aid under Section 48.0051 if the district meets the criteria for
receiving the incentive under that section.
SECTIONi1.005.iiSection 30.003, Education Code, is amended by
amending Subsection (f-1) and adding Subsection (f-2) to read as follows:
(f-1)iiThe commissioner shall determine the total amount that the Texas
School for the Blind and Visually Impaired and the Texas School for the Deaf
would have received from school districts in accordance with this section if the
following provisions had not reduced the districts ’share of the cost of providing
education services:
(1)iiHBi1, Acts of the 79th Legislature, 3rd Called Session, 2006;
(2)iiSection 45.0032; and
(3)iiSection 48.255.
(f-2)iiThe amount determined under Subsection (f-1), [had not reduced the
districts ’share of the cost of providing education services. That amount,] minus
any amount the schools do receive from school districts, shall be set aside as a
separate account in the foundation school fund and appropriated to those schools
for educational purposes.
SECTIONi1.006.iiSection 44.004, Education Code, is amended by
amending Subsections (c) and (e) and adding Subsection (c-2) to read as follows:
(c)iiThe notice of public meeting to discuss and adopt the budget and the
proposed tax rate may not be smaller than one-quarter page of a standard-size or a
tabloid-size newspaper, and the headline on the notice must be in 18-point or
larger type. Subject to Subsection (d), the notice must:
(1)iicontain a statement in the following form:
"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED
TAX RATE
"The (name of school district) will hold a public meeting at (time, date, year)
in (name of room, building, physical location, city, state). The purpose of this
meeting is to discuss the school district ’s budget that will determine the tax rate
that will be adopted. Public participation in the discussion is invited." The
statement of the purpose of the meeting must be in bold type. In reduced type, the
notice must state: "The tax rate that is ultimately adopted at this meeting or at a
separate meeting at a later date may not exceed the proposed rate shown below
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5985
unless the district publishes a revised notice containing the same information and
comparisons set out below and holds another public meeting to discuss the
revised notice.";
(2)iicontain a section entitled "Comparison of Proposed Budget with
Last Year ’s Budget," which must show the difference, expressed as a percent
increase or decrease, as applicable, in the amounts budgeted for the preceding
fiscal year and the amount budgeted for the fiscal year that begins in the current
tax year for each of the following:
(A)iimaintenance and operations;
(B)iidebt service; and
(C)iitotal expenditures;
(3)iicontain a section entitled "Total Appraised Value and Total Taxable
Value," which must show the total appraised value and the total taxable value of
all property and the total appraised value and the total taxable value of new
property taxable by the district in the preceding tax year and the current tax year
as calculated under Section 26.04, Tax Code;
(4)iicontain a statement of the total amount of the outstanding and
unpaid bonded indebtedness of the school district;
(5)iicontain a section entitled "Comparison of Proposed Rates with Last
Year ’s Rates," which must:
(A)iishow in rows the tax rates described by Subparagraphs (i)-(iii),
expressed as amounts per $100 valuation of property, for columns entitled
"Maintenance & Operations," "Interest & Sinking Fund," and "Total," which is
the sum of "Maintenance & Operations" and "Interest & Sinking Fund":
(i)iithe school district ’s "Last Year ’s Rate";
(ii)iithe "Rate to Maintain Same Level of Maintenance &
Operations Revenue & Pay Debt Service," which:
(a)iiin the case of "Maintenance & Operations," is the tax
rate that, when applied to the current taxable value for the district, as certified by
the chief appraiser under Section 26.01, Tax Code, and as adjusted to reflect
changes made by the chief appraiser as of the time the notice is prepared, would
impose taxes in an amount that, when added to state funds to be distributed to the
district under Chapter 48 [42], would provide the same amount of maintenance
and operations taxes and state funds distributed under Chapter 48 [42] per student
in average daily attendance for the applicable school year that was available to
the district in the preceding school year; and
(b)iiin the case of "Interest & Sinking Fund," is the tax rate
that, when applied to the current taxable value for the district, as certified by the
chief appraiser under Section 26.01, Tax Code, and as adjusted to reflect changes
made by the chief appraiser as of the time the notice is prepared, and when
multiplied by the district ’s anticipated collection rate, would impose taxes in an
amount that, when added to state funds to be distributed to the district under
Chapter 46iand any excess taxes collected to service the district ’s debt during the
preceding tax year but not used for that purpose during that year, would provide
the amount required to service the district ’s debt; and
(iii)iithe "Proposed Rate";
5986 86th LEGISLATURE — REGULAR SESSION
(B)iicontain fourth and fifth columns aligned with the columns
required by Paragraph (A) that show, for each row required by Paragraph (A):
(i)iithe "Local Revenue per Student," which is computed by
multiplying the district ’s total taxable value of property, as certified by the chief
appraiser for the applicable school year under Section 26.01, Tax Code, and as
adjusted to reflect changes made by the chief appraiser as of the time the notice is
prepared, by the total tax rate, and dividing the product by the number of students
in average daily attendance in the district for the applicable school year; and
(ii)iithe "State Revenue per Student," which is computed by
determining the amount of state aid received or to be received by the district
under Chapters [42,] 43, [and] 46, and 48 and dividing that amount by the
number of students in average daily attendance in the district for the applicable
school year; and
(C)iicontain an asterisk after each calculation for "Interest
&iSinking Fund" and a footnote to the section that, in reduced type, states "The
Interest & Sinking Fund tax revenue is used to pay for bonded indebtedness on
construction, equipment, or both. The bonds, and the tax rate necessary to pay
those bonds, were approved by the voters of this district.";
(6)iicontain a section entitled "Comparison of Proposed Levy with Last
Year ’s Levy on Average Residence," which must:
(A)iishow in rows the information described by Subparagraphs
(i)-(iv), rounded to the nearest dollar, for columns entitled "Last Year" and "This
Year":
(i)ii"Average Market Value of Residences," determined using
the same group of residences for each year;
(ii)ii"Average Taxable Value of Residences," determined after
taking into account the limitation on the appraised value of residences under
Section 23.23, Tax Code, and after subtracting all homestead exemptions
applicable in each year, other than exemptions available only to disabled persons
or persons 65 years of age or older or their surviving spouses, and using the same
group of residences for each year;
(iii)ii"Last Year ’s Rate Versus Proposed Rate per $100 Value";
and
(iv)ii"Taxes Due on Average Residence," determined using the
same group of residences for each year; and
(B)iicontain the following information: "Increase (Decrease) in
Taxes" expressed in dollars and cents, which is computed by subtracting the
"Taxes Due on Average Residence" for the preceding tax year from the "Taxes
Due on Average Residence" for the current tax year;
(7)iicontain the following statement in bold print: "Under state law, the
dollar amount of school taxes imposed on the residence of a person 65 years of
age or older or of the surviving spouse of such a person, if the surviving spouse
was 55iyears of age or older when the person died, may not be increased above
the amount paid in the first year after the person turned 65, regardless of changes
in tax rate or property value.";
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5987
(8)iicontain the following statement in bold print: "Notice of Rollback
Rate: The highest tax rate the district can adopt before requiring voter approval at
an election is (the school district rollback rate determined under Section 26.08,
Tax Code). This election will be automatically held if the district adopts a rate in
excess of the rollback rate of (the school district rollback rate)."; and
(9)iicontain a section entitled "Fund Balances," which must include the
estimated amount of interest and sinking fund balances and the estimated amount
of maintenance and operation or general fund balances remaining at the end of
the current fiscal year that are not encumbered with or by corresponding debt
obligation, less estimated funds necessary for the operation of the district before
the receipt of the first payment under Chapter 48 [42] in the succeeding school
year.
(c-2)iiThe notice described by Subsection (c) must include a statement that a
school district may not increase the district ’s maintenance and operations tax rate
to create a surplus in maintenance and operations tax revenue for the purpose of
paying the district s’ debt service.
(e)iiA person who owns taxable property in a school district is entitled to an
injunction restraining the collection of taxes by the district if the district has not
complied with the requirements of Subsections (b), (c), (c-1), (c-2), and (d), and,
if applicable, Subsection (i), and the failure to comply was not in good faith. An
action to enjoin the collection of taxes must be filed before the date the [school]
district delivers substantially all of its tax bills.
SECTIONi1.007.iiSubchapter A, Chapter 45, Education Code, is amended
by adding Section 45.0021 to read as follows:
Sec.i45.0021.iiRESTRICTION ON MAINTENANCE TAX LEVY. (a) A
school district may not increase the rate of the district ’s maintenance taxes
described by Section 45.002 to create a surplus in maintenance tax revenue for
the purpose of paying the district ’s debt service.
(b)iiA person who owns taxable property in a school district is entitled to an
injunction restraining the collection of taxes by the district if the district adopts a
maintenance tax rate in violation of Subsection (a). An action to enjoin the
collection of taxes must be filed before the date the district delivers substantially
all of the district ’s tax bills.
SECTIONi1.008.iiSection 45.003, Education Code, is amended by adding
Subsections (b-1) and (d-1) and amending Subsections (d) and (f) to read as
follows:
(b-1)iiThe ballot proposition under Subsection (b) must include the
following statement: "THIS IS A PROPERTY TAX INCREASE."
(d)iiA proposition submitted to authorize the levy of maintenance taxes must
include the question of whether the governing board or commissioners court may
levy, assess, and collect annual ad valorem taxes for the further maintenance of
public schools, at a rate not to exceed the rate stated in the proposition. For any
year, the maintenance tax rate per $100 of taxable value adopted by the district
may not exceed the rate equal to the sum of $0.17 and the product of the state
compression percentage, as determined under Section 48.255i[42.2516],
multiplied by $1.00 [$1.50].
5988 86th LEGISLATURE — REGULAR SESSION
(d-1)iiExcept as otherwise provided by this subsection or Section 26.08(a-1),
Tax Code, if the rollback tax rate of a school district under Section 26.08(n), Tax
Code, for the 2019itax year exceeds $1.04iper $100iof taxable value, the district
may not adopt a maintenance and operations tax rate for the 2019itax year that
exceeds the district ’s rollback rate. A school district that, before Januaryi1, 2019,
adopted a strategic plan through action taken by the board of trustees in a public
meeting that proposed a maintenance and operations tax rate for the 2019itax year
that exceeds the rate permitted under this subsection may, subject to voter
approval, adopt the rate proposed in the plan minus the amount by which the
district is required to reduce the district ’s enrichment tax rate under Section
48.202(f). This subsection expires Septemberi1, 2020.
(f)iiNotwithstanding any other law, a district that levied a maintenance tax
for the 2005itax year at a rate greater than $1.50iper $100iof taxable value in the
district as permitted by special law may not levy a maintenance tax at a rate that
exceeds the rate per $100iof taxable value that is equal to the sum of:
(1)ii$0.17; and
(2)iithe product of 66.67 percent [the state compression percentage, as
determined under Section 42.2516,] multiplied by the rate of the maintenance tax
levied by the district for the 2005 tax year, minus the amount by which
$1.00iexceeds the product of the state compression percentage, as determined
under Section 48.255, multiplied by $1.00.
SECTIONi1.009.iiSubchapter A, Chapter 45, Education Code, is amended
by adding Section 45.0032ito read as follows:
Sec.i45.0032.iiCOMPONENTS OF MAINTENANCE AND
OPERATIONS TAX. (a) A school district ’s tier one maintenance and operations
tax rate is the number of cents levied by the district for maintenance and
operations that does not exceed the product of the state compression percentage,
as determined under Section 48.255, multiplied by $1.00.
(a-1)iiThis subsection applies to a school district with a tier one maintenance
and operations tax rate for the 2018-2019ischool year that was less than $1.00iper
$100iof taxable value. For purposes of determining a school district ’s tier one
maintenance and operations tax rate under Subsection (a) for the
2019-2020ischool year, the state compression percentage, as determined under
Section 48.255, is applied to the number of cents levied by the district for the
2018-2019ischool year for maintenance and operations that does not exceed
$1.00. This subsection expires Septemberi1, 2020.
(b)iiA district ’s enrichment tax rate consists of:
(1)iiany cents of additional maintenance and operations tax effort, not to
exceed eight cents over the maximum tax rate described by Subsection (a); and
(2)iiany cents of additional maintenance and operations tax effort that
exceeds the sum of the maximum tax rate described by Subsection (a) and the
maximum number of cents permitted under Subdivision (1).
(c)iiFor a district to which Section 45.003(f) applies, any cents of
maintenance and operations tax effort that exceeds the maximum rate permitted
under Section 45.003(d) are not included in the district ’s tier one maintenance
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5989
and operations tax rate under Subsection (a) or the district ’s enrichment tax rate
under Subsection (b), and the district is not entitled to the guaranteed yield
amount of state funds under Section 48.202ifor those cents of tax effort.
(d)iiFor a district to which Section 26.08(a-1), Tax Code, applies, the
amount by which the district ’s maintenance tax rate exceeds the district ’s rollback
tax rate for the preceding year is not considered in determining a district ’s tier one
maintenance and operations tax rate under Subsection (a) or the district ’s
enrichment tax rate under Subsection (b) for the current tax year.
(e)iiFor the 2019 tax year, Section 48.202(f) applies to a district ’s
maintenance and operations tax rate after adjusting the district ’s rate in
accordance with this section. This subsection expires September 1, 2020.
SECTIONi1.010.iiSubtitle I, Title 2, Education Code, is amended by adding
Chapter 47 to read as follows:
CHAPTER 47. TAX REDUCTION AND EXCELLENCE IN EDUCATION
FUND
Sec.i47.001.iiDEFINITION. In this chapter, "fund" means the tax reduction
and excellence in education fund.
Sec.i47.002.iiFUND ESTABLISHED. (a) The tax reduction and excellence
in education fund is a special fund in the state treasury outside the general
revenue fund.
(b)iiThe fund consists of:
(1)iimoney appropriated by the legislature for deposit to the credit of the
fund;
(2)iigifts to the state for the purposes of the fund; and
(3)iimoney directed by law for deposit to the credit of the fund.
Sec.i47.003.iiUSES OF FUND. Except as otherwise provided by this
chapter, money in the fund may be appropriated only:
(1)iito pay the cost of tier one allotments under Chapter 48; or
(2)iifor the purpose of reducing school district maintenance and
operations ad valorem tax rates.
Sec.i47.004.iiDEPOSIT OF CERTAIN MONEY DEDICATED FOR
SCHOOL DISTRICT AD VALOREM TAX RATE REDUCTION. (a) The
comptroller shall deposit to the credit of the fund money that Section 49-g,
Article III, Texas Constitution, dedicates to the purpose of reducing school
district maintenance and operations ad valorem tax rates.
(b)iiMoney deposited to the fund under this section may be appropriated
from the fund only for the purpose described by Section 47.003(2).
Sec.i47.005.iiCERTAIN MONEY DISTRIBUTED TO AVAILABLE
SCHOOL FUND. (a) Of the money distributed to the available school fund each
year under Section 5(g), Article VII, Texas Constitution, the amount that exceeds
the first $300 million is considered part of the tax reduction and excellence in
education fund.
(b)iiMoney considered part of the fund as described by Subsection (a) may
be appropriated only to pay the cost of tier one allotments under Chapter 48.
5990 86th LEGISLATURE — REGULAR SESSION
Sec.i47.006.iiDEPOSIT OF MONEY BASED ON CERTAIN SALES AND
USE TAX COLLECTIONS. (a) The comptroller shall deposit to the credit of the
fund on or before the fifth business day after the end of each month an amount of
general revenue equal to the amount of state sales and use tax revenue collected
by marketplace providers on sales of taxable items made through the marketplace
under Section 151.0242, Tax Code, and remitted to this state during the preceding
month, less any amount of that revenue the comptroller estimates would have
been collected and remitted if Section 151.0242 were not law.
(b)iiMoney deposited to the fund under this section may be appropriated
from the fund only for the purpose described by Section 47.003(2).
SECTIONi1.011.iiSubtitle I, Title 2, Education Code, is amended by adding
Chapter 48, and a heading is added to that chapter to read as follows:
CHAPTER 48. FOUNDATION SCHOOL PROGRAM
SECTIONi1.012.iiChapter 48, Education Code, as added by this Act, is
amended by adding Subchapter A, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTIONi1.013.iiSections 42.001, 42.002, 42.003, 42.004, and 42.005,
Education Code, are transferred to Subchapter A, Chapter 48, Education Code, as
added by this Act, redesignated as Sections 48.001, 48.002, 48.003, 48.004, and
48.005, Education Code, and amended to read as follows:
Sec.i48.001i[42.001].iiSTATE POLICY. (a) It is the policy of this state that
the provision of public education is a state responsibility and that a thorough and
efficient system be provided and substantially financed through state revenue
sources so that each student enrolled in the public school system shall have
access to programs and services that are appropriate to the student ’s educational
needs and that are substantially equal to those available to any similar student,
notwithstanding varying local economic factors.
(b)iiThe public school finance system of this state shall adhere to a standard
of neutrality that provides for substantially equal access to similar revenue per
student at similar tax effort, considering all state and local tax revenues of
districts after acknowledging all legitimate student and district cost differences.
Sec.i48.002ii[42.002].iiPURPOSES OF FOUNDATION SCHOOL
PROGRAM. (a) The purposes of the Foundation School Program set forth in this
chapter are to guarantee that each school district in the state has:
(1)iiadequate resources to provide each eligible student a basic
instructional program and facilities suitable to the student ’s educational needs;
and
(2)iiaccess to a substantially equalized program of financing in excess of
basic costs for certain services, as provided by this chapter.
(b)iiThe Foundation School Program consists of:
(1)iitwo tiers that in combination provide for:
(A)iisufficient financing for all school districts to provide a basic
program of education that is rated acceptable or higher under Section 39.054 and
meets other applicable legal standards; and
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(B)iisubstantially equal access to funds to provide an enriched
program; and
(2)iia facilities component as provided by Chapter 46.
Sec.i48.003ii[42.003].iiSTUDENT ELIGIBILITY. (a)iiA student is entitled
to the benefits of the Foundation School Program if, on September 1 of the school
year, the student:
(1)iiis 5 years of age or older and under 21 years of age and has not
graduated from high school, or is at least 21 years of age and under 26 years of
age and has been admitted by a school district to complete the requirements for a
high school diploma; or
(2)iiis at least 19 years of age and under 26 years of age and is enrolled
in an adult high school diploma and industry certification charter school pilot
program under Section 29.259.
(b)iiA student to whom Subsection (a) does not apply is entitled to the
benefits of the Foundation School Program if the student is enrolled in a
prekindergarten class under Section 29.153 [or Subchapter E-1, Chapter 29].
(c)iiA child may be enrolled in the first grade if the child is at least six years
of age at the beginning of the school year of the district or has been enrolled in
the first grade or has completed kindergarten in the public schools in another state
before transferring to a public school in this state.
(d)iiNotwithstanding Subsection (a), a student younger than five years of
age is entitled to the benefits of the Foundation School Program if:
(1)iithe student performs satisfactorily on the assessment instrument
administered under Section 39.023(a) to students in the third grade; and
(2)iithe district has adopted a policy for admitting students younger than
five years of age.
Sec.i48.004ii[42.004].iiADMINISTRATION OF THE PROGRAM. The
commissioner[, in accordance with the rules of the State Board of Education,]
shall adopt rules and take [such] action and require [such] reports consistent with
this chapter as [may be] necessary to implement and administer the Foundation
School Program.
Sec.i48.005ii[42.005].iiAVERAGE DAILY ATTENDANCE. (a)iiIn this
chapter, average daily attendance is:
(1)iithe quotient of the sum of attendance for each day of the minimum
number of days of instruction as described under Section 25.081(a) divided by
the minimum number of days of instruction;
(2)iifor a district that operates under a flexible year program under
Section 29.0821, the quotient of the sum of attendance for each actual day of
instruction as permitted by Section 29.0821(b)(1) divided by the number of actual
days of instruction as permitted by Section 29.0821(b)(1);
(3)iifor a district that operates under a flexible school day program
under Section 29.0822, the average daily attendance as calculated by the
commissioner in accordance with Sections 29.0822(d) and (d-1); or
(4)iifor a district that operates a half-day program or a full-day program
under Section 29.153(c), one-half of the average daily attendance calculated
under Subdivision (1).
5992 86th LEGISLATURE — REGULAR SESSION
(b)iiA school district that experiences a decline of two percent or more in
average daily attendance shall be funded on the basis of:
(1)iithe actual average daily attendance of the preceding school year, if
the decline is the result of the closing or reduction in personnel of a military base;
or
(2)iisubject to Subsection (e), an average daily attendance not to exceed
98 percent of the actual average daily attendance of the preceding school year, if
the decline is not the result of the closing or reduction in personnel of a military
base.
(c)iiThe commissioner shall adjust the average daily attendance of a school
district that has a significant percentage of students who are migratory children as
defined by 20iU.S.C.iSection 6399.
(d)iiThe commissioner may adjust the average daily attendance of a school
district in which a disaster, flood, extreme weather condition, fuel curtailment, or
other calamity has a significant effect on the district s’ attendance.
(e)iiFor each school year, the commissioner shall adjust the average daily
attendance of school districts that are entitled to funding on the basis of an
adjusted average daily attendance under Subsection (b)(2) so that:
(1)iiall districts are funded on the basis of the same percentage of the
preceding year ’s actual average daily attendance; and
(2)iithe total cost to the state does not exceed the amount specifically
appropriated for that year for purposes of Subsection (b)(2).
(f)iiAn open-enrollment charter school is not entitled to funding based on an
adjustment under Subsection (b)(2).
(g)iiIf a student may receive course credit toward the student ’s high school
academic requirements and toward the student ’s higher education academic
requirements for a single course, including a course provided under Section
28.009 by a public institution of higher education, the time during which the
student attends the course shall be counted as part of the minimum number of
instructional hours required for a student to be considered a full-time student in
average daily attendance for purposes of this section.
(g-1)iiThe commissioner shall adopt rules to calculate average daily
attendance for students participating in a blended learning program in which
classroom instruction is supplemented with applied workforce learning
opportunities, including participation of students in internships, externships, and
apprenticeships.
(h)iiSubject to rules adopted by the commissioner under Section 48.007(b)
[42.0052(b)], time that a student participates in an off-campus instructional
program approved under Section 48.007(a) [42.0052(a)] shall be counted as part
of the minimum number of instructional hours required for a student to be
considered a full-time student in average daily attendance for purposes of this
section.
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(i)iiA district or a charter school operating under Chapter 12 that operates a
prekindergarten program is eligible to receive one-half of average daily
attendance under Subsection (a) if the district ’s or charter school ’s
prekindergarten program provides at least 32,400 minutes of instructional time to
students.
(j)iiA district or charter school is eligible to earn full average daily
attendance under Subsection (a) if the district or school provides at least
43,200iminutes of instructional time to students enrolled in:
(1)iia dropout recovery school or program operating under Section
12.1141(c) or Section 39.0548;
(2)iian alternative education program operating under Section 37.008;
(3)iia school program located at a day treatment facility, residential
treatment facility, psychiatric hospital, or medical hospital;
(4)iia school program offered at a correctional facility; or
(5)iia school operating under Section 29.259.
(k)iiA charter school operating under a charter granted under Chapter
12ibefore January 1, 2015, is eligible to earn full average daily attendance under
Subsection (a), as that subsection existed immediately before January 1, 2015,
for:
(1)iiall campuses of the charter school operating before January 1, 2015;
and
(2)iiany campus or site expansion approved on or after January 1, 2015,
provided that the charter school received an academic accountability performance
rating of C or higher, and the campus or site expansion is approved by the
commissioner.
(l)iiA school district campus or charter school described by Subsection (j)
may operate more than one program and be eligible for full average daily
attendance for each program if the programs operated by the district campus or
charter school satisfy all applicable state and federal requirements.
(m)iiThe commissioner shall adopt rules necessary to implement this
section, including rules that:
(1)iiestablish the minimum amount of instructional time per day that
allows a school district or charter school to be eligible for full average daily
attendance, which may differ based on the instructional program offered by the
district or charter school;
(2)iiestablish the requirements necessary for a school district or charter
school to be eligible for one-half of average daily attendance, which may differ
based on the instructional program offered by the district or charter school; and
(3)iiproportionally reduce the average daily attendance for a school
district if any campus or instructional program in the district provides fewer than
the required minimum minutes of instruction to students.
(n)iiTo assist school districts in implementing this section as amended by
HBi2442, Acts of the 85th Legislature, Regular Session, 2017, [or similar
legislation,] the commissioner may waive a requirement of this section or adopt
rules to implement this section. [This subsection expires at the end of the
2018-2019ischool year.]
5994 86th LEGISLATURE — REGULAR SESSION
SECTIONi1.014.iiEffective September 1, 2020, Subchapter A, Chapter 48,
Education Code, as added by this Act, is amended by adding Section 48.0051ito
read as follows:
Sec.i48.0051.iiINCENTIVE FOR ADDITIONAL INSTRUCTIONAL
DAYS. (a) Subject to Subsection (a-1), the commissioner shall adjust the average
daily attendance of a school district or open-enrollment charter school under
Section 48.005iin the manner provided by Subsection (b) if the district or school:
(1)iiprovides the minimum number of minutes of operational and
instructional time required under Section 25.081iand commissioner rules adopted
under that section over at least 180idays of instruction; and
(2)iioffers an additional 30 days of half-day instruction for students
enrolled in prekindergarten through fifth grade.
(a-1)iiA school district entitled to an incentive under this section and
funding for a campus under Section 48.252imay receive only the incentive or
funding for the campus, as applicable, that would result in the greater amount of
funding.
(b)iiFor a school district or open-enrollment charter school described by
Subsection (a), the commissioner shall increase the average daily attendance of
the district or school under Section 48.005 by the amount that results from the
quotient of the sum of attendance by students described by Subsection (a)(2) for
each of the 30iadditional instructional days of half-day instruction that are
provided divided by 180.
(c)iiThe commissioner may provide the incentive under this section to a
school district or open-enrollment charter school that intended, but due to
circumstances beyond the district ’s or school ’s control, including the occurrence
of a natural disaster affecting the district or school, was unable to meet the
requirement for instruction under Section 25.081 plus an additional 30 days of
half-day instruction. The commissioner may proportionately reduce the incentive
provided to a district or school described by this subsection.
(d)iiThis section does not prohibit a school district from providing the
minimum number of minutes of operational and instructional time required under
Section 25.081 and commissioner rules adopted under that section over fewer
than 180 days of instruction.
(e)iiThe agency shall assist school districts and open-enrollment charter
schools in qualifying for the incentive under this section.
(f)iiA school district or open-enrollment charter school may use funding
attributable to the incentive provided under this section to pay costs associated
with providing academic instruction in a voluntary summer program for students
enrolled in the district or school.
(g)iiThe commissioner shall adopt rules necessary for the implementation of
this section.
SECTIONi1.015.iiSections 42.0051 and 42.0052, Education Code, are
transferred to Subchapter A, Chapter 48, Education Code, as added by this Act,
redesignated as Sections 48.006 and 48.007, Education Code, and amended to
read as follows:
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5995
Sec.i48.006ii[42.0051].iiAVERAGE DAILY ATTENDANCE FOR
DISTRICTS IN DISASTER AREA. (a) The [From funds specifically
appropriated for the purpose or other funds available to the commissioner for that
purpose, the] commissioner may [shall] adjust the average daily attendance of a
school district all or part of which is located in an area declared a disaster area by
the governor under Chapter 418, Government Code, if the district experiences a
decline in average daily attendance that is reasonably attributable to the impact of
the disaster.
(b)iiThe adjustment must be sufficient to ensure that the district receives
funding comparable to the funding that the district would have received if the
decline in average daily attendance reasonably attributable to the impact of the
disaster had not occurred.
(c)iiThe commissioner may [shall] make the adjustment under [required by]
this section for the two-year period following the date of the governor ’s initial
proclamation or executive order declaring the state of disaster.
(d)iiSection 48.005(b)(2) [42.005(b)(2)] does not apply to a district that
receives an adjustment under this section.
(e)iiA district that receives an adjustment under this section may not receive
any additional adjustment under Section 48.005(d) [42.005(d)] for the decline in
average daily attendance on which the adjustment under this section is based.
(f)iiFor purposes of this title, a district ’s adjusted average daily attendance
under this section is considered to be the district ’s average daily attendance as
determined under Section 48.005 [42.005].
Sec.i48.007ii[42.0052].iiOFF-CAMPUS PROGRAMS APPROVED FOR
PURPOSES OF AVERAGE DAILY ATTENDANCE. (a)iiThe commissioner
may, based on criteria developed by the commissioner, approve instructional
programs provided off campus by an entity other than a school district or
open-enrollment charter school as a program in which participation by a student
of a district or charter school may be counted for purposes of determining average
daily attendance in accordance with Section 48.005(h) [42.005(h)].
(b)iiThe commissioner shall adopt by rule verification and reporting
procedures concerning time spent by students participating in instructional
programs approved under Subsection (a).
SECTIONi1.016.iiSections 42.006(a), (b), (c), and (d), Education Code, are
transferred to Subchapter A, Chapter 48, Education Code, as added by this Act,
redesignated as Section 48.008, Education Code, and amended to read as follows:
Sec.i48.008.iiPUBLIC EDUCATION INFORMATION MANAGEMENT
SYSTEM (PEIMS). (a) Each school district shall participate in the Public
Education Information Management System (PEIMS) and shall provide through
that system information required for the administration of this chapter and of
other appropriate provisions of this code.
(b)iiEach school district shall use a uniform accounting system adopted by
the commissioner for the data required to be reported for the Public Education
Information Management System.
5996 86th LEGISLATURE — REGULAR SESSION
(c)iiAnnually, the commissioner shall review the Public Education
Information Management System and shall repeal or amend rules that require
school districts to provide information through the Public Education Information
Management System that is not necessary. In reviewing and revising the Public
Education Information Management System, the commissioner shall develop
rules to ensure that the system:
(1)iiprovides useful, accurate, and timely information on student
demographics and academic performance, personnel, and school district finances;
(2)iicontains only the data necessary for the legislature and the agency
to perform their legally authorized functions in overseeing the public education
system; and
(3)iidoes not contain any information related to instructional methods,
except as provided by Section 29.066 or required by federal law.
(d)iiThe commissioner ’s rules must ensure that the Public Education
Information Management System links student performance data to other related
information for purposes of efficient and effective allocation of scarce school
resources, to the extent practicable using existing agency resources and
appropriations.
SECTIONi1.017.iiSections 42.006(a-1), (a-3), and (a-4), Education Code,
Section 42.006(a-2), Education Code, as added by Chapter 550 (SBi490), Acts of
the 85th Legislature, Regular Session, 2017, and Section 42.006(a-2), as added
by Chapter 916 (SBi1404), Acts of the 85th Legislature, Regular Session, 2017,
are transferred to Subchapter A, Chapter 48, Education Code, as added by this
Act, redesignated as Section 48.009, Education Code, and amended to read as
follows:
Sec.i48.009.iiREQUIRED PEIMS REPORTING. (a) In this section,
"full-time equivalent school counselor" means 40 hours of counseling services a
week.
(b)i[(a-1)]iiThe 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)iithe number of students enrolled in the district or school who are
identified as having dyslexia;
(2)ii[. The agency shall maintain the information provided in accordance
with this subsection.
[(a-2)iiThe 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 availability of
school counselors, including [at each campus. The commissioner s’ rules shall
require a district or school to report] the number of full-time equivalent school
counselors, [providing counseling services] at each [a] campus;
(3)ii[. For purposes of this subsection, "full-time equivalent school
counselor" means 40 hours of counseling services a week. The agency shall
maintain the information provided in accordance with this subsection.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5997
[(a-2)iiThe commissioner by rule shall require each school district and
open-enrollment charter school to report through the Public Education
Information Management System information for each campus of the district or
school regarding:
[(1)] the availability of expanded learning opportunities as described by
Section 33.252 at each campus; [and]
(4)i[(2)iithe number of students participating in each of the categories of
expanded learning opportunities listed under Section 33.252(b).
[(a-3)iiThe commissioner by rule shall require each school district and
open-enrollment charter school to annually report through the Public Education
Information Management System information regarding] the total number of
students, other than students described by Subdivision (5) [Subsection (a-4)],
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; and
(5)ii[. The agency shall maintain the information provided in accordance
with this subsection.
[(a-4)iiThe commissioner by rule shall require each school district and
open-enrollment charter school to annually report through the Public Education
Information Management System information regarding] 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
1973i(29iU.S.C.iSection 794), at any time during the year for which the report is
made.
(c)iiThe agency shall maintain the information provided in accordance with
this section [subsection].
(d)iiNot later than January 1, 2020, the commissioner shall adopt rules
requiring the Public Education Information Management System (PEIMS) to
include pregnancy as a reason a student withdraws from or otherwise no longer
attends public school.
SECTIONi1.018.iiSection 42.009, Education Code, is transferred to
Subchapter A, Chapter 48, Education Code, as added by this Act, redesignated as
Section 48.010, Education Code, and amended to read as follows:
Sec.i48.010ii[42.009].iiDETERMINATION OF FUNDING LEVELS.
(a)iiNot later than July 1 of each year, the commissioner shall determine for each
school district whether the estimated amount of state and local funding per
student in weighted average daily attendance to be provided to the district under
the Foundation School Program for maintenance and operations for the following
school year is less than the amount provided to the district for the
2010-2011ischool year.iiIf the amount estimated to be provided is less, the
commissioner shall certify the percentage decrease in funding to be provided to
the district.
(b)iiIn making the determinations regarding funding levels required by
Subsection (a), the commissioner shall:
(1)iimake adjustments as necessary to reflect changes in a school
district ’s maintenance and operations tax rate;
5998 86th LEGISLATURE — REGULAR SESSION
(2)iifor a district required to [take action under Chapter 41ito] reduce its
local revenue level under Section 48.257 [wealth per student to the equalized
wealth level], base the determinations on the district ’s net funding levels after
deducting any amounts required to be expended by the district to comply with
Chapter 49 [41]; and
(3)iidetermine a district ’s weighted average daily attendance in
accordance with this chapter as it existed on January 1, 2011.
SECTIONi1.019.iiSubchapter A, Chapter 48, Education Code, as added by
this Act, is amended by adding Sections 48.011 and 48.012 to read as follows:
Sec.i48.011.iiCOMM ISSIONER AUTHORIT Y TO RESOLVE
UNINTENDED CONSEQUENCES FROM SCHOOL FINANCE FORMULAS.
(a) Subject to Subsections (b) and (d), the commissioner may adjust a school
district ’s funding entitlement under this chapter if the funding formulas used to
determine the district s’ entitlement result in an unanticipated loss or gain for a
district.
(a-1)iiThe commissioner may modify dates relating to the adoption of a
school district ’s maintenance and operations tax rate and, if applicable, an
election required for the district to adopt that rate as necessary to implement the
changes made by HBi3, 86th Legislature, Regular Session, 2019.
(b)iiBefore making an adjustment under Subsection (a) or (a-1), the
commissioner shall notify and must receive approval from the Legislative Budget
Board and the office of the governor.
(c)iiIf the commissioner makes an adjustment under Subsection (a), the
commissioner must provide to the legislature an explanation regarding the
changes necessary to resolve the unintended consequences.
(d)iiBeginning with the 2021-2022 school year, the commissioner may not
make an adjustment under Subsection (a) or (a-1).
(e)iiThis section expires September 1, 2023.
Sec.i48.012.iiSTUDY ON GEOGRAPHIC EDUCATION COST
VARIATIONS AND TRANSPORTATION COSTS. (a) The agency shall enter
into a memorandum of understanding with a public institution of higher
education to conduct a study on:
(1)iigeographic variations in known resource costs and costs of
education due to factors beyond the control of school districts; and
(2)iischool district transportation costs.
(b)iiThe study must include a review of cost drivers for school districts.
(c)iiNot later than December 1, 2020, the agency shall submit to the
legislature a report on the results of the study.
(d)iiThis section expires September 1, 2021.
SECTIONi1.020.iiChapter 48, Education Code, as added by this Act, is
amended by adding Subchapter B, and a heading is added to that subchapter to
read as follows:
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 5999
SUBCHAPTER B. BASIC ENTITLEMENT
SECTIONi1.021.iiSections 42.101 and 42.105, Education Code, are
transferred to Subchapter B, Chapter 48, Education Code, as added by this Act,
redesignated as Sections 48.051 and 48.052, Education Code, and amended to
read as follows:
Sec.i48.051ii[42.101].iiBASIC ALLOTMENT. (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 $6,160 [$4,765] or the amount that results from the following formula:
A = $6,160 [$4,765] X TR/MCR [(DCR/MCR)]
where:
"A" is the allotment to which a district is entitled;
"TR" ["DCR"] is the district ’s tier one maintenance and operations
[compressed] tax rate, as provided by Section 45.0032i[, 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 48.255i[42.2516],
multiplied by $1.00i[$1.50].
[(a-1)iiNotwithstanding Subsection (a), for a school district that adopted a
maintenance and operations tax rate for the 2005 tax year below the maximum
rate permitted by law for that year, the district ’s compressed tax rate ("DCR")
includes the portion of the district ’s current maintenance and operations tax rate
in excess of the first six cents above the district ’s compressed tax rate, as defined
by Subsection (a), until the district ’s compressed tax rate computed in accordance
with this subsection is equal to the state maximum compressed tax rate
("MCR").]
(b)iiA greater amount for any school year may be provided by appropriation.
(c)iiDuring any school year for which the maximum amount of the basic
allotment provided under Subsection (a) or (b) is greater than the maximum
amount provided for the preceding school year, a school district must use at least
30ipercent of the amount, if the amount is greater than zero, that equals the
product of the average daily attendance of the district multiplied by the amount of
the difference between the district ’s funding under this chapter per student in
average daily attendance for the current school year and the preceding school
year to provide compensation increases to full-time district employees other than
administrators as follows:
(1)ii75 percent must be used to increase the compensation paid to
classroom teachers, full-time librarians, full-time school counselors certified
under Subchapter B, Chapter 21, and full-time school nurses, prioritizing
differentiated compensation for classroom teachers with more than five years of
experience; and
6000 86th LEGISLATURE — REGULAR SESSION
(2)ii25 percent may be used as determined by the district to increase
compensation paid to full-time district employees [This subsection applies to a
school district for which the compressed tax rate ("DCR") is determined in
accordance with Subsection (a-1). Any reduction in the district ’s adopted
maintenance and operations tax rate is applied to the following components of the
district ’s tax rate in the order specified:
[(1)iitax effort described by Section 42.302(a-1)(2);
[(2)iitax effort described by Section 42.302(a-1)(1); and
[(3)iitax effort included in the determination of the district s’ compressed
tax rate ("DCR") under Subsection (a-1)].
(d)iiIn this section, "compensation" includes benefits such as insurance
premiums.
Sec.i48.052i[42.105].iiSPARSITY ADJUSTMENT. (a) Notwithstanding
Section 48.051 [Sections 42.101, 42.102, and 42.103], a school district that has
fewer than 130 students in average daily attendance shall be provided a [an
adjusted] basic allotment on the basis of 130 students in average daily attendance
if it offers a kindergarten through grade 12iprogram and has preceding or current
year ’s average daily attendance of at least 90 students or is 30 miles or more by
bus route from the nearest high school district. A district offering a kindergarten
through grade 8 program whose preceding or current year ’s average daily
attendance was at least 50 students or which is 30 miles or more by bus route
from the nearest high school district shall be provided a [an adjusted] basic
allotment on the basis of 75 students in average daily attendance. An average
daily attendance of 60 students shall be the basis of providing the [adjusted] basic
allotment if a district offers a kindergarten through grade 6 program and has
preceding or current year ’s average daily attendance of at least 40 students or is
30 miles or more by bus route from the nearest high school district.
(b)iiSubsection (c) applies only to a school district that:
(1)iidoes not offer each grade level from kindergarten through grade
12iand whose prospective or former students generally attend school in a state
that borders this state for the grade levels the district does not offer;
(2)iiserves both students residing in this state and students residing in a
state that borders this state who are subsequently eligible for in-state tuition rates
at institutions of higher education in either state regardless of the state in which
the students reside; and
(3)iishares students with an out-of-state district that does not offer
competing instructional services.
(c)iiNotwithstanding Subsection (a) or Section 48.051 [Sections 42.101,
42.102, and 42.103], a school district to which this subsection applies, as
provided by Subsection (b), that has fewer than 130 students in average daily
attendance shall be provided a [an adjusted] basic allotment on the basis of
130istudents in average daily attendance if it offers a kindergarten through grade
four program and has preceding or current year ’s average daily attendance of at
least 75 students or is 30 miles or more by bus route from the nearest high school
district.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6001
SECTIONi1.022.iiSubchapter B, Chapter 48, Education Code, as added by
this Act, is amended by adding Section 48.053 to read as follows:
Sec.i48.053.iiALLOTMENT FOR CERTAIN SPECIAL-PURPOSE
SCHOOL DISTRICTS. (a) This section applies only to a special-purpose school
district established under Section 11.351 that is operated by a general academic
teaching institution, as that term is defined by Section 61.003.
(b)iiFor each student who resides in this state and is enrolled in the district, a
school district to which this section applies is entitled to funding under this
chapter as if the district had no tier one local share for purposes of Section
48.256.
(c)iiA school district to which this section applies may decline to receive
funding under Subsection (b).
(d)iiA school district that receives funding under Subsection (b) for a school
year may not charge tuition or fees to students enrolled in the district who are
residents of this state for that school year, other than fees authorized under
Section 11.158.
SECTIONi1.023.iiChapter 48, Education Code, as added by this Act, is
amended by adding Subchapter C, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER C. STUDENT-BASED ALLOTMENTS
SECTIONi1.024.iiSubchapter C, Chapter 48, Education Code, as added by
this Act, is amended by adding Section 48.101 to read as follows:
Sec.i48.101.iiSMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
Small and mid-sized districts are entitled to an annual allotment in accordance
with this section. In this section:
(1)ii"AA" is the district ’s annual allotment per student in average daily
attendance;
(2)ii"ADA" is the number of students in average daily attendance for
which the district is entitled to an allotment under Section 48.051; and
(3)ii"BA" is the basic allotment determined under Section 48.051.
(b)iiA school district that has fewer than 1,600 students in average daily
attendance is entitled to an annual allotment for each student in average daily
attendance based on the following formula:
AA = ((1,600 - ADA) X .0004) X BA
(c)iiA school district that offers a kindergarten through grade 12iprogram
and has less than 5,000 students in average daily attendance is entitled to an
annual allotment for each student in average daily attendance based on the
formula, of the following formulas, that results in the greatest annual allotment:
(1)iithe formula in Subsection (b), if the district is eligible for that
formula; or
(2)iiAA = ((5,000 - ADA) X .000025) X BA.
(d)iiInstead of the allotment under Subsection (b) or (c)(1), a school district
that has fewer than 300 students in average daily attendance and is the only
school district located in and operating in a county is entitled to an annual
allotment for each student in average daily attendance based on the following
formula:
6002 86th LEGISLATURE — REGULAR SESSION
AA = ((1,600 - ADA) X .00047) X BA
SECTIONi1.025.iiSection 42.151, Education Code, is transferred to
Subchapter C, Chapter 48, Education Code, as added by this Act, redesignated as
Section 48.102, Education Code, and amended to read as follows:
Sec.i48.102i[42.151].iiSPECIAL EDUCATION. (a) For each student in
average daily attendance in a special education program under Subchapter A,
Chapter 29, in a mainstream instructional arrangement, a school district is entitled
to an annual allotment equal to the [adjusted] basic 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 1.15 [1.1]. For each full-time equivalent
student in average daily attendance in a special education program under
Subchapter A, Chapter 29, in an instructional arrangement other than a
mainstream instructional arrangement, a district is entitled to an annual allotment
equal to the [adjusted] basic 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 a weight determined according to instructional arrangement as
follows:
Homebound. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.0
Hospital class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0
Speech therapy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.0
Resource room . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0
Self-contained, mild and moderate,
regular campus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0
Self-contained, severe, regular campus . . . . . . . . . . . . . . . . . . . . . . . . 3.0
Off home campus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.7
Nonpublic day school . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.7
Vocational adjustment class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3
(b)iiA special instructional arrangement for students with disabilities
residing in care and treatment facilities, other than state schools, whose parents or
guardians do not reside in the district providing education services shall be
established by commissioner rule [under the rules of the State Board of
Education]. The funding weight for this arrangement shall be 4.0 for those
students who receive their education service on a local school district campus. A
special instructional arrangement for students with disabilities residing in state
schools shall be established by commissioner rule [under the rules of the State
Board of Education] with a funding weight of 2.8.
(c)iiFor funding purposes, the number of contact hours credited per day for
each student in the off home campus instructional arrangement may not exceed
the contact hours credited per day for the multidistrict class instructional
arrangement in the 1992-1993 school year.
(d)iiFor funding purposes the contact hours credited per day for each student
in the resource room; self-contained, mild and moderate; and self-contained,
severe, instructional arrangements may not exceed the average of the statewide
total contact hours credited per day for those three instructional arrangements in
the 1992-1993 school year.
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(e)iiThe commissioner [State Board of Education] by rule shall prescribe the
qualifications an instructional arrangement must meet in order to be funded as a
particular instructional arrangement under this section. In prescribing the
qualifications that a mainstream instructional arrangement must meet, the
commissioner [board] shall establish requirements that students with disabilities
and their teachers receive the direct, indirect, and support services that are
necessary to enrich the regular classroom and enable student success.
(f)iiIn this section, "full-time equivalent student" means 30 hours of contact
a week between a special education student and special education program
personnel.
(g)iiThe commissioner [State Board of Education] shall adopt rules and
procedures governing contracts for residential placement of special education
students. The legislature shall provide by appropriation for the state ’s share of the
costs of those placements.
(h)iiAt least 55 percent of the funds [Funds] allocated under this section[,
other than an indirect cost allotment established under State Board of Education
rule,] must be used in the special education program under Subchapter A,
Chapter 29.
(i)iiThe agency shall encourage the placement of students in special
education programs, including students in residential instructional arrangements,
in the least restrictive environment appropriate for their educational needs.
(j)i[(k)]iiA school district that provides an extended year program required
by federal law for special education students who may regress is entitled to
receive funds in an amount equal to 75 percent, or a lesser percentage determined
by the commissioner, of the [adjusted] basic allotment, or, if applicable, the sum
of the basic allotment and the allotment under Section 48.101 to which the district
is entitled [or adjusted allotment, as applicable,] for each full-time equivalent
student in average daily attendance, multiplied by the amount designated for the
student ’s instructional arrangement under this section, for each day the program is
provided divided by the number of days in the minimum school year. The total
amount of state funding for extended year services under this section may not
exceed $10 million per year. A school district may use funds received under this
section only in providing an extended year program.
(k)i[(l)]iiFrom the total amount of funds appropriated for special education
under this section, the commissioner shall withhold an amount specified in the
General Appropriations Act, and distribute that amount to school districts for
programs under Section 29.014. The program established under that section is
required only in school districts in which the program is financed by funds
distributed under this subsection and any other funds available for the program.
After deducting the amount withheld under this subsection from the total amount
appropriated for special education, the commissioner shall reduce each district ’s
allotment proportionately and shall allocate funds to each district accordingly.
SECTIONi1.026.iiSubchapter C, Chapter 48, Education Code, as added by
this Act, is amended by adding Section 48.1021 to read as follows:
6004 86th LEGISLATURE — REGULAR SESSION
Sec.i48.1021.iiSPECIAL EDUCATION ALLOTMENT ADVISORY
COMMITTEE. (a) The commissioner shall establish an advisory committee to
develop and make recommendations regarding methods of financing special
education under the public school finance system.
(b)iiThe advisory committee consists of the following members appointed
by the commissioner:
(1)iia parent of a student eligible to participate in a school district ’s
special education program under Section 29.003;
(2)iia director of a school district ’s special education program under
Subchapter A, Chapter 29;
(3)iia teacher certified in special education;
(4)iia diagnostician;
(5)iia licensed specialist in school psychology;
(6)iia provider who provides related services, as described by Section
29.002(2);
(7)iia superintendent of a school district;
(8)iia member of a school district s’ board of trustees;
(9)iia representative of a disability advocacy organization;
(10)iia member of the special education continuing advisory committee
under Section 29.006;
(11)iia teacher certified in general education;
(12)iia student eligible to participate in a school district ’s special
education program under Section 29.003;
(13)iia representative of a regional education service center; and
(14)iia school district official who handles business and finance matters
for the district.
(c)iiNot later than May 1, 2020, the advisory committee, with assistance
from the Legislative Budget Board, shall submit to the lieutenant governor, the
speaker of the house of representatives, and the standing legislative committees
with primary jurisdiction over public education a report on methods of financing
special education under the public school finance system. The report must
include:
(1)iia description of the current funding methods;
(2)iian analysis of the possible implementation of a method of financing
special education based on the services and supports each student receives instead
of instructional arrangement;
(3)iidata on current special education expenditures from a representative
sample of school districts; and
(4)iirecommendations for improvements to the current funding methods
or for the implementation of new funding methods.
(d)iiThis section expires September 1, 2021.
SECTIONi1.027.iiSubchapter C, Chapter 48, Education Code, as added by
this Act, is amended by adding Section 48.103 to read as follows:
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Sec.i48.103.iiALLOTMENT 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 basic allotment
multiplied by 0.1 or a greater amount provided by appropriation.
(b)iiA school district is entitled to an allotment under Subsection (a) only for
a student who:
(1)iiis receiving services for dyslexia or a related disorder in accordance
with:
(A)iian individualized education program developed for the student
under Section 29.005; or
(B)iia plan developed for the student under Section 504,
Rehabilitation Act of 1973 (29 U.S.C. Section 794);
(2)iiis receiving instruction that:
(A)iimeets applicable dyslexia program criteria established by the
State Board of Education; and
(B)iiis provided by a person with specific training in providing that
instruction; or
(3)iiis permitted, on the basis of having dyslexia or a related disorder, to
use modifications in the classroom or accommodations in the administration of
assessment instruments under Section 39.023.
(c)iiA school district may receive funding for a student under this section
and Section 48.102iif the student satisfies the requirements of both sections.
(d)iiA school district may use an amount not to exceed 20 percent of the
allotment provided for a qualifying student under this section to contract with a
private provider to provide supplemental academic services to the student that are
recommended under the student ’s program or plan described by Subsection (b). A
student may not be excused from school to receive supplemental academic
services provided under this subsection.
SECTIONi1.028.iiSection 42.152, Education Code, is transferred to
Subchapter C, Chapter 48, Education Code, as added by this Act, redesignated as
Section 48.104, Education Code, and amended to read as follows:
Sec.i48.104i[42.152].iiCOMPENSATORY EDUCATION ALLOTMENT.
(a) For each student who [is educationally disadvantaged or who is a student
who] does not have a disability and resides in a residential placement facility in a
district in which the student ’s parent or legal guardian does not reside, a district is
entitled to an annual allotment equal to the [adjusted] basic allotment multiplied
by 0.2 or, if the student is educationally disadvantaged, 0.275. For[, and by
2.41ifor] each full-time equivalent student who is in a remedial and support
program under Section 29.081 because the student is pregnant, a district is
entitled to an annual allotment equal to the basic allotment multiplied by 2.41.
(b)iiFor each student who is educationally disadvantaged and resides in an
economically disadvantaged census block group as determined by the
commissioner under Subsection (c), a district is entitled to an annual allotment
equal to the basic allotment multiplied by the weight assigned to the student ’s
census block group under Subsection (d).
6006 86th LEGISLATURE — REGULAR SESSION
(c)iiFor purposes of the allotment under Subsection (b), the commissioner
shall establish an index for economically disadvantaged census block groups in
the state that provides criteria for determining which census block groups are
economically disadvantaged and categorizes economically disadvantaged census
block groups in five tiers according to relative severity of economic disadvantage.
In determining the severity of economic disadvantage in a census block group,
the commissioner shall consider:
(1)iithe median household income;
(2)iithe average educational attainment of the population;
(3)iithe percentage of single-parent households;
(4)iithe rate of homeownership; and
(5)iiother economic criteria the commissioner determines likely to
disadvantage a student ’s preparedness and ability to learn.
(d)iiThe weights assigned to the five tiers of the index established under
Subsection (c) are, from least to most severe economic disadvantage, 0.225,
0.2375, 0.25, 0.2625, and 0.275.
(e)iiIf insufficient data is available for any school year to evaluate the level
of economic disadvantage in a census block group, a school district is entitled to
an annual allotment equal to the basic allotment multiplied by 0.225 for each
student who is educationally disadvantaged and resides in that census block
group [For purposes of this section, the number of educationally disadvantaged
students is determined:
[(1)iiby averaging the best six months ’numbers of students eligible for
enrollment in the national school lunch program of free or reduced-price lunches
for the preceding school year; or
[(2)iiin the manner provided by commissioner rule].
(f)i[(b-1)]iiA student receiving a full-time virtual education through the state
virtual school network may be included in determining the number of
[educationally disadvantaged] students who are educationally disadvantaged and
reside in an economically disadvantaged census block group under Subsection (b)
or (e), as applicable, if the school district submits to the commissioner a plan
detailing the enhanced services that will be provided to the student and the
commissioner approves the plan.
(g)iiNot later than March 1 of each year, the commissioner shall:
(1)iireview and, if necessary, update the index established under
Subsection (c) to be used for the following school year, based on the most recent
estimates published by the United States Census Bureau; and
(2)iinotify each school district of any changes to the index.
(h)iiThe state demographer, the Department of Agriculture, and any other
state agency with relevant information shall assist the commissioner in
performing the commissioner ’s duties under this section.
(i)iiOn a schedule determined by the commissioner, each school district shall
report to the agency the census block group in which each student enrolled in the
district who is educationally disadvantaged resides. The agency shall provide to
school districts a resource for use in determining the census block group in which
a student resides.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6007
(j)iiThe commissioner shall adopt rules for the method of determining the
number of students who qualify for an allotment under this section at a campus
that participates in the Community Eligibility Provision administered by the
United States Department of Agriculture, as provided by the Healthy,
Hunger-Free Kids Act of 2010i(Pub.iL.iNo.i111-296).
(j-1)iiIn addition to other purposes for which funds allocated under this
section may be used, those funds may also be used to:
(1)iiprovide 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); or
(2)iipay the costs associated with services provided through a life skills
program in accordance with Sections 29.085(b)(1) and (3)-(7).
(k)iiAt least 55 percent of the funds [(c) Funds] allocated under this section
must [shall] be used to:
(1)iifund supplemental programs and services 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)iistudents who are educationally disadvantaged and students
who are not educationally disadvantaged; and
(B)iistudents at risk of dropping out of school, as defined by
Section 29.081, and all other students; or
(2)ii[. Specifically, the funds, other than an indirect cost allotment
established under State Board of Education rule, which may not exceed
45ipercent, may be used to meet the costs of providing a compensatory, intensive,
or accelerated instruction program under Section 29.081 or a disciplinary
alternative education program established under Section 37.008, to pay the costs
associated with placing students in a juvenile justice alternative education
program established under Section 37.011, or to] support a program eligible
under Title I of the Elementary and Secondary Education Act of 1965, as
provided by Pub.iL.iNo.i103-382 and its subsequent amendments, and by federal
regulations implementing that Act[, at a campus at which at least 40 percent of
the students are educationally disadvantaged].
(l)iiThe commissioner shall adopt rules regarding the use of funds described
by Subsection (k). The rules:
(1)iimust:
(A)iipermit a school district to use those funds for programs and
services that reflect the needs of students at each campus in the district; and
(B)iiprovide for streamlined reporting on the use of those funds; and
(2)iimay not prohibit the use of those funds for any purpose for which
the use of those funds was authorized under former Section 42.152 as that section
existed on September 1, 2018.
(m)iiThe State Board of Education shall adopt rules requiring a report on the
use of funds under Subsection (k) as part of the annual audit under Section
44.008iand shall develop minimum requirements for that report.
6008 86th LEGISLATURE — REGULAR SESSION
(n)iiThe commissioner annually shall review each report required under
Subsection (m) for the preceding school year and:
(1)iiidentify each school district that was not in compliance with
Subsection (k) during that school year; and
(2)iiprovide each district identified under Subdivision (1) a reasonable
opportunity to comply with Subsection (k).
(o)ii[In meeting the costs of providing a compensatory, intensive, or
accelerated instruction program under Section 29.081, a district ’s compensatory
education allotment shall be used for costs supplementary to the regular
education program, such as costs for program and student evaluation,
instructional materials and equipment and other supplies required for quality
instruction, supplemental staff expenses, salary for teachers of at-risk students,
smaller class size, and individualized instruction. A home-rule school district or
an open-enrollment charter school must use funds allocated under Subsection (a)
for a purpose authorized in this subsection but is not otherwise subject to
Subchapter C, Chapter 29. For purposes of this subsection, a program specifically
designed to serve students at risk of dropping out of school, as defined by Section
29.081, is considered to be a program supplemental to the regular education
program, and a district may use its compensatory education allotment for such a
program.
[(c-1)iiNotwithstanding Subsection (c), funds allocated under this section
may be used to fund in proportion to the percentage of students served by the
program that meet the criteria in Section 29.081(d) or (g):
[(1)iian accelerated reading instruction program under Section
28.006(g); or
[(2)iia program for treatment of students who have dyslexia or a related
disorder as required by Section 38.003.
[(c-2)iiNotwithstanding Subsection (c), funds allocated under this section
may be used to fund a district ’s mentoring services program under Section
29.089.
[(d)iiThe agency shall evaluate the effectiveness of accelerated instruction
and support programs provided under Section 29.081 for students at risk of
dropping out of school.
[(q)iiThe State Board of Education, with the assistance of the comptroller,
shall develop and implement by rule reporting and auditing systems for district
and campus expenditures of compensatory education funds to ensure that
compensatory education funds, other than the indirect cost allotment, are spent
only to supplement the regular education program as required by Subsection (c).
The reporting requirements shall be managed electronically to minimize local
administrative costs. A district shall submit the report required by this subsection
not later than the 150th day after the last day permissible for resubmission of
information required under Section 42.006.
[(q-1)iiThe commissioner shall develop a system to identify school districts
that are at high risk of having used compensatory education funds other than in
compliance with Subsection (c) or of having inadequately reported compensatory
education expenditures. If a review of the report submitted under Subsection (q),
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6009
using the risk-based system, indicates that a district is not at high risk of having
misused compensatory education funds or of having inadequately reported
compensatory education expenditures, the district may not be required to perform
a local audit of compensatory education expenditures and is not subject to on-site
monitoring under this section.
[(q-2)iiIf a review of the report submitted under Subsection (q), using the
risk-based system, indicates that a district is at high risk of having misused
compensatory education funds, the commissioner shall notify the district of that
determination. The district must respond to the commissioner not later than the
30th day after the date the commissioner notifies the district of the
commissioner ’s determination. If the district ’s response does not change the
commissioner ’s determination that the district is at high risk of having misused
compensatory education funds or if the district does not respond in a timely
manner, the commissioner shall:
[(1)iirequire the district to conduct a local audit of compensatory
education expenditures for the current or preceding school year;
[(2)iiorder agency staff to conduct on-site monitoring of the district ’s
compensatory education expenditures; or
[(3)iiboth require a local audit and order on-site monitoring.
[(q-3)iiIf a review of the report submitted under Subsection (q), using the
risk-based system, indicates that a district is at high risk of having inadequately
reported compensatory education expenditures, the commissioner may require
agency staff to assist the district in following the proper reporting methods or
amending a district or campus improvement plan under Subchapter F, Chapter 11.
If the district does not take appropriate corrective action before the 45th day after
the date the agency staff notifies the district of the action the district is expected
to take, the commissioner may:
[(1)iirequire the district to conduct a local audit of the district ’s
compensatory education expenditures; or
[(2)iiorder agency staff to conduct on-site monitoring of the district s’
compensatory education expenditures.
[(q-4)] The commissioner, in the year following a determination under
Subsection (n) that a school district was not in compliance with Subsection (k)
for the 2021-2022 school year or a subsequent school year [local audit of
compensatory education expenditures], shall withhold from the [a] district ’s
foundation school fund payment an amount equal to the amount of compensatory
education funds the commissioner [agency] determines were not used in
compliance with Subsection (k) [(c)]. The commissioner shall release to a district
funds withheld under this subsection when the district provides to the
commissioner a detailed plan to spend those funds in compliance with Subsection
(k) [(c)]. In determining whether a school district is subject to the withholding of
funding required under this subsection, the commissioner may consider the
district ’s average use of funds for the three preceding school years.
[(r)iiThe commissioner shall grant a one-year exemption from the
requirements of Subsections (q)-(q-4) to a school district in which the group of
students who have failed to perform satisfactorily in the preceding school year on
6010 86th LEGISLATURE — REGULAR SESSION
an assessment instrument required under Section 39.023(a), (c), or (l)
subsequently performs on those assessment instruments at a level that meets or
exceeds a level prescribed by commissioner rule. Each year the commissioner,
based on the most recent information available, shall determine if a school district
is entitled to an exemption for the following school year and notify the district of
that determination.]
SECTIONi1.029.iiSubchapter C, Chapter 48, Education Code, as added by
this Act, is amended by adding Section 48.1041ito read as follows:
Sec.i48.1041.iiCOMPENSATORY EDUCATION ALLOTMENT
ADVISORY COMMITTEE. (a) The commissioner shall establish an advisory
committee to advise the agency in adopting rules for the compensatory education
allotment under Section 48.104, including:
(1)iirules establishing the economic criteria described by Section
48.104(c)(5);
(2)iirules detailing the method to count students who qualify for the
allotment in:
(A)iia dropout recovery school or program; or
(B)iia residential treatment facility;
(3)iimethods for properly counting students who are homeless within
the meaning of "homeless children and youths" under 42iU.S.C.iSection 11434a;
and
(4)iirules to determine the appropriate weight by which to adjust the
basic allotment in determining the compensatory allotment for students described
by Subdivision (3).
(b)iiThe advisory committee consists of members appointed by the
commissioner, including:
(1)iischool district superintendents and chief financial officers;
(2)iiclassroom teachers;
(3)iirepresentatives of school districts located in an area other than an
urban area, as designated by the United States Census Bureau;
(4)iiat least one representative of an open-enrollment charter school;
(5)iidemographers;
(6)iiexperts on census data;
(7)iipublic school finance experts; and
(8)iiappropriate employees of the agency.
(c)iiMembers of the advisory committee serve at the pleasure of the
commissioner.
(d)iiA member of the advisory committee is not entitled to receive
compensation for service on the committee or reimbursement for expenses
incurred in performing official duties as a member of the committee.
(e)iiChapter 2110, Government Code, does not apply to the advisory
committee.
(f)iiNot less than once every two years, the advisory committee shall review
census and student data and provide recommendations to the agency regarding
any suggested changes to the rules adopted for the compensatory education
allotment under Section 48.104.
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SECTIONi1.030.iiSections 42.153, 42.154, and 42.157, Education Code,
are transferred to Subchapter C, Chapter 48, Education Code, as added by this
Act, redesignated as Sections 48.105, 48.106, and 48.107, Education Code, and
amended to read as follows:
Sec.i48.105i[42.153].iiBILINGUAL EDUCATION ALLOTMENT. (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:
(1)iifor a student of limited English proficiency, as defined by Section
29.052:
(A)ii0.1; or
(B)ii0.15 if the student is in a bilingual education program using a
dual language immersion/one-way or two-way program model; and
(2)iifor a student not described by Subdivision (1), 0.05 if the student is
in a bilingual education program using a dual language immersion/two-way
program model.
(b)iiAt least 55 percent of the funds [Funds] allocated under this section[,
other than an indirect cost allotment established under State Board of Education
rule,] must be used in providing bilingual education or special language programs
under Subchapter B, Chapter 29[, and must be accounted for under existing
agency reporting and auditing procedures].
[(c)]iiA district ’s bilingual education or special language allocation may be
used only for program and student evaluation, instructional materials and
equipment, staff development, supplemental staff expenses, salary supplements
for teachers, incremental costs associated with providing smaller class sizes, and
other supplies required for quality instruction [and smaller class size].
(c)iiThe State Board of Education shall adopt rules requiring a report on the
use of funds under Subsection (b) as part of the annual audit under Section
44.008 and shall develop minimum requirements for that report.
(d)iiThe commissioner annually shall review each report required under
Subsection (c) for the preceding school year and:
(1)iiidentify each school district that was not in compliance with
Subsection (b) during that school year; and
(2)iiprovide each district identified under Subdivision (1) a reasonable
opportunity to comply with Subsection (b).
(e)iiThe commissioner, in the year following a determination under
Subsection (d) that a school district was not in compliance with Subsection (b)
for the 2021-2022 school year or a subsequent school year, shall withhold from
the district ’s foundation school fund payment an amount equal to the amount of
bilingual education or special language funds the commissioner determines were
not used in compliance with Subsection (b). The commissioner shall release to a
district funds withheld under this subsection when the district provides to the
commissioner a detailed plan to spend those funds in compliance with Subsection
(b). In determining whether a school district is subject to the withholding of
funding required under this subsection, the commissioner may consider the
district ’s average use of funds for the three preceding school years.
6012 86th LEGISLATURE — REGULAR SESSION
Sec.i48.106ii[42.154].iiCAREER AND TECHNOLOGY EDUCATION
ALLOTMENT. (a)iiFor each full-time equivalent student in average daily
attendance in an approved career and technology education program in grades
7i[nine] through 12i[or in career and technology education programs for students
with disabilities in grades seven through 12], a district is entitled to:
(1)iian annual allotment equal to the [adjusted] basic allotment
multiplied by a weight of 1.35; and
(2)ii$50 for each of the following in which [, if] the student is enrolled:
(A)ii[in] two or more advanced career and technology education
classes for a total of three or more credits;
(B)iia campus designated as a P-TECH school under Section
29.556; or
(C)iia campus that is a member of the New Tech Network and that
focuses on project-based learning and work-based education.
(b)iiIn this section:
(1)ii"Career and technology education class" and "career and
technology education program" include [a] technology applications courses
[course on cybersecurity adopted or selected by the State Board of Education
under Section 28.025(c-10)].
(2)ii"Full-time equivalent student" means 30 hours of contact a week
between a student and career and technology education program personnel.
(c)iiAt least 55 percent of the funds [Funds] allocated under this section[,
other than an indirect cost allotment established under State Board of Education
rule,] must be used in providing career and technology education programs in
grades 7i[nine] through 12i[or career and technology education programs for
students with disabilities in grades seven through 12 under Sections 29.182,
29.183, and 29.184].
[(d)iiThe commissioner shall conduct a cost-benefit comparison between
career and technology education programs and mathematics and science
programs.
[(e)iiOut of the total statewide allotment for career and technology education
under this section, the commissioner shall set aside an amount specified in the
General Appropriations Act, which may not exceed an amount equal to one
percent of the total amount appropriated, to support regional career and
technology education planning. After deducting the amount set aside under this
subsection from the total amount appropriated for career and technology
education under this section, the commissioner shall reduce each district ’s tier
one allotments in the same manner described for a reduction in allotments under
Section 42.253.]
Sec.i48.107ii[42.157].iiPUBLIC EDUCATION GRANT ALLOTMENT. (a)
Except as provided by Subsection (b), for each student in average daily
attendance who is using a public education grant under Subchapter G, Chapter
29, to attend school in a district other than the district in which the student
resides, the district in which the student attends school is entitled to an annual
allotment equal to the [adjusted] basic allotment multiplied by a weight of 0.1.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6013
(b)iiThe total number of allotments under this section to which a district is
entitled may not exceed the number by which the number of students using
public education grants to attend school in the district exceeds the number of
students who reside in the district and use public education grants to attend
school in another district.
SECTIONi1.031.iiSubchapter C, Chapter 48, Education Code, as added by
this Act, is amended by adding Sections 48.108, 48.110, 48.1101, 48.111, 48.112,
and 48.114 to read as follows:
Sec.i48.108.iiEARLY EDUCATION ALLOTMENT. (a) For each student
in average daily attendance in kindergarten through third grade, a school district
is entitled to an annual allotment equal to the basic allotment multiplied by 0.1 if
the student is:
(1)iieducationally disadvantaged; or
(2)iia student of limited English proficiency, as defined by Section
29.052, and is in a bilingual education or special language program under
Subchapter B, Chapter 29.
(b)iiFunds allocated under this section must be used to fund programs and
services designed to improve student performance in reading and mathematics in
prekindergarten through third grade, including programs and services designed to
assist the district in achieving the goals set in the district ’s early childhood
literacy and mathematics proficiency plans adopted under Section 11.185.
(c)iiA school district is entitled to an allotment under each subdivision of
Subsection (a) for which a student qualifies.
(d)iiA school district may receive funding for a student under this section
and under Sections 48.104 and 48.105, as applicable, if the student satisfies the
requirements of each applicable section.
Sec.i48.110.iiCOLLEGE, CAREER, OR MILITARY READINESS
OUTCOMES BONUS. (a) The purpose of this section is to further the goal set
under the state ’s master plan for higher education developed under Section
61.051ifor at least 60 percent of all adults aged 25 to 34 in this state to achieve a
postsecondary degree or workforce credential by 2030.
(b)iiFor purposes of the outcomes bonus under this section, the
commissioner shall determine the threshold percentage as provided by Subsection
(g) for college, career, or military readiness as described by Subsection (f) for
each of the following cohorts:
(1)iiannual graduates who are educationally disadvantaged;
(2)iiannual graduates who are not educationally disadvantaged; and
(3)iiannual graduates who are enrolled in a special education program
under Subchapter A, Chapter 29, regardless of whether the annual graduates are
educationally disadvantaged.
(c)iiEach year, the commissioner shall determine for each school district the
minimum number of annual graduates in each cohort described by Subsection (b)
who would have to demonstrate college, career, or military readiness as described
by Subsection (f) in order for the district to achieve a percentage of college,
career, or military readiness for that cohort equal to the threshold percentage
established for that cohort under Subsection (b).
6014 86th LEGISLATURE — REGULAR SESSION
(d)iiFor each annual graduate in a cohort described by Subsection (b) who
demonstrates college, career, or military readiness as described by Subsection (f)
in excess of the minimum number of students determined for the applicable
district cohort under Subsection (c), a school district is entitled to an annual
outcomes bonus of:
(1)iiif the annual graduate is educationally disadvantaged, $5,000;
(2)iiif the annual graduate is not educationally disadvantaged, $3,000;
and
(3)iiif the annual graduate is enrolled in a special education program
under Subchapter A, Chapter 29, $2,000, regardless of whether the annual
graduate is educationally disadvantaged.
(e)iiA school district is entitled to an outcomes bonus under each
subdivision of Subsection (d) for which an annual graduate qualifies.
(f)iiFor purposes of this section, an annual graduate demonstrates:
(1)iicollege readiness if the annual graduate:
(A)iiachieves 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)iiduring a time period established by commissioner rule, enrolls
at a postsecondary educational institution;
(2)iicareer readiness if the annual graduate:
(A)iiachieves 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)iiduring a time period established by commissioner rule, earns
an industry-accepted certificate; and
(3)iimilitary readiness if the annual graduate:
(A)iiachieves a passing score set by the applicable military branch
on the Armed Services Vocational Aptitude Battery; and
(B)iiduring a time period established by commissioner rule, enlists
in the armed forces of the United States.
(g)iiThe commissioner shall establish the threshold percentages under
Subsection (b) using the 25th percentile of statewide college, career, or military
readiness as described by Subsection (f) for the applicable cohort of annual
graduates during the 2016-2017 school year.
(h)iiOn application by a school district, the commissioner may allow annual
graduates from the district to satisfy the requirement for demonstrating career
readiness under Subsection (f)(2)(B) by successfully completing a coherent
sequence of courses required to obtain an industry-accepted certificate. The
district must demonstrate in the application that the district is unable to provide
sufficient courses or programs to enable students enrolled at the district to earn an
industry-accepted certificate within the time period established by the
commissioner under Subsection (f)(2)(B). The commissioner by rule shall
provide the criteria required for an application under this subsection.
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(i)iiAt least 55 percent of the funds allocated under this section must be used
in grades 8 through 12 to improve college, career, and military readiness
outcomes as described by Subsection (f).
Sec.i48.1101.iiSTUDY ON ALTERNATIVE CAREER READINESS
MEASURES FOR SMALL AND RURAL DISTRICTS.i (a) The agency shall
conduct a study on alternative career readiness measures for small and rural
school districts to determine if annual graduates demonstrate career readiness
under Section 48.110(f)(2)(B).
(b)iiNot later than January 1, 2021, the agency shall submit to the legislature
a report on the results of the study and any recommendations for legislative or
other action.
(c)iiThis section expires September 1, 2021.
Sec.i48.111.iiFAST GROWTH ALLOTMENT. A school district in which
the growth in student enrollment in the district over the preceding three school
years is in the top quartile of student enrollment growth in school districts in the
state for that period, as determined by the commissioner, is entitled to an annual
allotment equal to the basic allotment multiplied by 0.04 for each student in
average daily attendance.
Sec.i48.112.iiTEACHER INCENTIVE ALLOTMENT. (a) In this section,
"rural campus" means a school campus that is:
(1)iilocated in:
(A)iian area that is not designated as an urbanized area or an urban
cluster by the United States Census Bureau; and
(B)iia school district with fewer than 5,000 enrolled students; or
(2)iidesignated as a rural campus under rules adopted by the
commissioner.
(b)iiTo ensure classroom teachers in this state have access to a six-figure
salary, the allotment provided to a school district under this section offers
resources to the district to increase teacher compensation and prioritize funding
for high needs and rural district campuses.
(c)iiFor each classroom teacher with a teacher designation under Section
21.3521 employed by a school district, the school district is entitled to an
allotment equal to the following applicable base amount increased by the high
needs and rural factor as determined under Subsection (d):
(1)ii$12,000, or an increased amount not to exceed $32,000 as
determined under Subsection (d), for each master teacher;
(2)ii$6,000, or an increased amount not to exceed $18,000 as
determined under Subsection (d), for each exemplary teacher; and
(3)ii$3,000, or an increased amount not to exceed $9,000 as determined
under Subsection (d), for each recognized teacher.
(d)iiThe high needs and rural factor is determined by multiplying the
following applicable amounts by the average of the point value assigned to each
student at a district campus under Subsection (e):
(1)ii$5,000 for each master teacher;
(2)ii$3,000 for each exemplary teacher; and
(3)ii$1,500 for each recognized teacher.
6016 86th LEGISLATURE — REGULAR SESSION
(e)iiExcept as provided by Subsection (f), a point value for each student at a
district campus shall be assigned as follows:
(1)ii0, for a student for whom the district does not receive a
compensatory education allotment under Section 48.104(b) or (e); or
(2)ii0.5, 1.0, 2.0, 3.0, or 4.0, respectively, from least to most severe
economic disadvantage according to the census block group in which the student
resides, for a student for whom the district receives a compensatory education
allotment under Section 48.104(b) or (e).
(f)iiIf the campus at which a student is enrolled is classified as a rural
campus, a student is assigned the point value two tiers higher than the student ’s
point value determined under Subsection (e)(1) or (2).
(g)iiA district is entitled to receive an increased allotment under this section
in the amount necessary for reimbursement for any fees paid under Section
21.3521.
(h)iiThe commissioner shall annually make available to the public a list of
campuses with the projected allotment amounts per teacher designation at each
campus.
(i)iiA district shall annually certify that:
(1)iifunds received under this section were used as follows:
(A)iiat least 90 percent of each allotment received under Subsection
(c) was used for the compensation of teachers employed at the campus at which
the teacher for whom the district received the allotment is employed; and
(B)iiany other funds received under this section were used for costs
associated with implementing Section 21.3521, including efforts to support
teachers in obtaining designations; and
(2)iithe district prioritized high needs campuses in the district in using
funds received under this section.
Sec.i48.114.iiMENTOR PROGRAM ALLOTMENT. (a) A school district
that has implemented a mentoring program for classroom teachers who have less
than two years of teaching experience under Section 21.458 is entitled to an
allotment as determined under Subsection (b) to fund the mentoring program and
to provide stipends for mentor teachers.
(b)iiThe commissioner shall adopt a formula to determine the amount to
which each district described by Subsection (a) is entitled.
(c)iiFunding provided to districts under this section may be used only for
providing:
(1)iimentor teacher stipends;
(2)iischeduled release time for mentor teachers and the classroom
teachers to whom they are assigned for meeting and engaging in mentoring
activities; and
(3)iimentoring support through providers of mentor training.
SECTIONi1.032.iiChapter 48, Education Code, as added by this Act, is
amended by adding Subchapter D, and a heading is added to that subchapter to
read as follows:
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6017
SUBCHAPTER D. ADDITIONAL FUNDING
SECTIONi1.033.iiSections 42.155 and 42.158, Education Code, are
transferred to Subchapter D, Chapter 48, Education Code, as added by this Act,
redesignated as Sections 48.151 and 48.152, Education Code, and amended to
read as follows:
Sec.i48.151ii[42.155].iiTRANSPORTATION ALLOTMENT. (a) Each
district or county operating a transportation system is entitled to allotments for
transportation costs as provided by this section.
(b)iiAs used in this section:
(1)ii"Regular eligible student" means a student who:
(A)iiresides two or more miles from the student ’s campus of regular
attendance, measured along the shortest route that may be traveled on public
roads, and who is not classified as a student eligible for special education
services; or
(B)iiis a homeless child or youth, as defined by 42iU.S.C.iSection
11434a.
(2)ii"Eligible special education student" means a student who is eligible
for special education services under Section 29.003 and who would be unable to
attend classes without special transportation services.
[(3)ii"Linear density" means the average number of regular eligible
students transported daily, divided by the approved daily route miles traveled by
the respective transportation system.]
(c)iiEach district or county operating a regular transportation system is
entitled to an allotment based on a rate per mile [the daily cost] per regular
eligible student set [of operating and maintaining the regular transportation
system and the linear density of that system. In determining the cost, the
commissioner shall give consideration to factors affecting the actual cost of
providing these transportation services in each district or county. The average
actual cost is to be computed by the commissioner and included for
consideration] by the legislature in the General Appropriations Act. [The
allotment per mile of approved route may not exceed the amount set by
appropriation.]
(d)iiA district or county may apply for and on approval of the commissioner
receive an additional amount of up to 10 percent of its regular transportation
allotment to be used for the transportation of children living within two miles of
the school they attend who would be subject to hazardous traffic conditions or a
high risk of violence if they walked to school.
(d-1)iiFor purposes of Subsection (d), each board of trustees shall provide to
the commissioner an explanation of the hazardous traffic conditions or areas
presenting a high risk of violence applicable to that district and shall identify the
specific hazardous or high-risk areas for which the allocation is requested.iiA
hazardous traffic condition exists where no walkway is provided and children
must walk along or cross a freeway or expressway, an underpass, an overpass or a
bridge, an uncontrolled major traffic artery, an industrial or commercial area, or
another comparable condition.iiAn area presents a high risk of violence if law
enforcement records indicate a high incidence of violent crimes in the area.iiEach
6018 86th LEGISLATURE — REGULAR SESSION
board of trustees requesting funds for an area presenting a high risk of violence
must, in addition to the explanation required by this subsection, provide the
commissioner with consolidated law enforcement records that document violent
crimes identified by reporting agencies within the relevant jurisdiction.
(d-2)iiA district or county may use all or part of any funds received under
Subsection (d) to support community walking transportation programs, including
walking school bus programs, provided that the district or county requires each
supported program to submit a financial report to the district or county each
semester that covers services provided by the program for the benefit of the
district or county.iiThe commissioner shall adopt rules governing the
transportation allotment as necessary to permit a district or county to receive
funds under Subsection (d) that may be used to support innovative school safety
projects, including community walking transportation programs as provided by
this subsection and any other appropriate safety project, including rules defining
an approved walking route mile that may be used as necessary in implementing
this subsection.
(e)iiThe commissioner may grant an amount set by appropriation for private
or commercial transportation for eligible students from isolated areas. The need
for this type of transportation grant shall be determined on an individual basis and
the amount granted shall not exceed the actual cost. The grants may be made only
in extreme hardship cases. A grant may not be made if the students live within
two miles of an approved school bus route.
(f)iiThe cost of transporting career and technology education students from
one campus to another inside a district, [or] from a sending district to another
secondary public school for a career and technology program or an area career
and technology school or to an approved post-secondary institution under a
contract for instruction approved by the agency, or from a district campus to a
location at which students are provided work-based learning under the district ’s
career and technology program shall be reimbursed based on the number of actual
miles traveled times the district ’s official extracurricular travel per mile rate as set
by the board of trustees and approved by the agency.
(g)iiA school district or county that provides special transportation services
for eligible special education students is entitled to a state allocation paid on a
previous year ’s cost-per-mile basis. The [maximum] rate per mile allowable shall
be set by appropriation based on data gathered from the first year of each
preceding biennium. Districts may use a portion of their support allocation to pay
transportation costs, if necessary. The commissioner may grant an amount set by
appropriation for private transportation to reimburse parents or their agents for
transporting eligible special education students. The mileage allowed shall be
computed along the shortest public road from the student ’s home to school and
back, morning and afternoon. The need for this type transportation shall be
determined on an individual basis and shall be approved only in extreme hardship
cases.
(h)iiFunds allotted under this section must be used in providing
transportation services.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6019
(i)iiIn the case of a district belonging to a county transportation system, the
district ’s transportation allotment for purposes of determining a district ’s
foundation school program allocations is determined on the basis of the number
of approved daily route miles in the district [multiplied by the allotment per mile
to which the county transportation system is entitled].
(j)iiThe Texas School for the Deaf is entitled to an allotment under this
section. The commissioner shall determine the appropriate allotment.
(k)iiNotwithstanding any other provision of this section, the commissioner
may not reduce the allotment to which a district or county is entitled under this
section because the district or county provides transportation for an eligible
student to and from a child-care facility, as defined by Section 42.002, Human
Resources Code, or a grandparent ’s residence instead of the student ’s residence,
as authorized by Section 34.007 of this code [, if the transportation is provided
within the approved routes of the district or county for the school the student
attends].
(l)iiA school district may, with the funds allotted under this section, provide
a bus pass or card for another transportation system to each student who is
eligible to use the regular transportation system of the district but for whom the
regular transportation system of the district is not a feasible method of providing
transportation. The commissioner by rule shall provide procedures for a school
district to provide bus passes or cards to students under this subsection.
(m)iiA school district shall be reimbursed on a per-mile basis for the cost of
transporting a dual credit student to another campus in the district, a campus in
another district, or a postsecondary educational institution for purposes of
attending the course, if the course is not available at the student ’s campus.
S e c . i 4 8 . 1 5 2 i i [ 4 2 . 1 5 8 ] . i i N E W I N S T R U C T I O N A L FA C I L I T Y
ALLOTMENT. (a) In this section:
(1)ii"Instructional facility" has the meaning assigned by Section 46.001.
(2)ii"New instructional facility" includes:
(A)iia newly constructed instructional facility;
(B)iia repurposed instructional facility; and
(C)iia leased facility operating for the first time as an instructional
facility with a minimum lease term of not less than 10 years.
(b)iiA school district is entitled to an additional allotment as provided by this
section for operational expenses associated with opening a new instructional
facility.
(c)i[(a-1)]iiA school district entitled to an allotment under this section may
use funds from the district ’s allotment to renovate an existing instructional facility
to serve as a dedicated cybersecurity computer laboratory.
(d)i[(b)]iiFor the first school year in which students attend a new
instructional facility, a school district is entitled to an allotment of $1,000 for each
student in average daily attendance at the facility.iiFor the second school year in
which students attend that instructional facility, a school district is entitled to an
allotment of $1,000 for each additional student in average daily attendance at the
facility.
6020 86th LEGISLATURE — REGULAR SESSION
(e)i[(c)]iiFor purposes of this section, the number of additional students in
average daily attendance at a facility is the difference between the number of
students in average daily attendance in the current year at that facility and the
number of students in average daily attendance at that facility in the preceding
year.
(f)iiThe [(d)iiSubject to Subsection (d-1), the] amount appropriated for
allotments under this section may not exceed $100 [$25] million in a school
year.iiIf the total amount of allotments to which districts are entitled under this
section for a school year exceeds the amount appropriated under this subsection,
the commissioner shall reduce each district ’s allotment under this section in the
manner provided by Section 48.266(f) [42.253(h)].
[(d-1)iiIn addition to the appropriation amount described by Subsection (d),
the amount of $1imillion may be appropriated each school year to supplement the
allotment to which a school district is entitled under this section that may be
provided using the appropriation amount described by Subsection (d).iiThe
commissioner shall first apply the funds appropriated under this subsection to
prevent any reduction under Subsection (d) in the allotment for attendance at an
eligible high school instructional facility, subject to the maximum amount of
$1,000 for each student in average daily attendance.iiAny funds remaining after
preventing all reductions in amounts due for high school instructional facilities
may be applied proportionally to all other eligible instructional facilities, subject
to the maximum amount of $1,000ifor each student in average daily attendance.
[(e)iiA school district that is required to take action under Chapter 41ito
reduce its wealth per student to the equalized wealth level is entitled to a credit, in
the amount of the allotments to which the district is entitled under this section,
against the total amount required under Section 41.093ifor the district to purchase
attendance credits. A school district that is otherwise ineligible for state aid under
this chapter is entitled to receive allotments under this section.
[(f)iiThe commissioner may adopt rules necessary to implement this section.
[(g)iiIn this section:
[(1)ii"Instructional facility" has the meaning assigned by Section
46.001.
[(2)ii"New instructional facility" includes:
[(A)iia newly constructed instructional facility;
[(B)iia repurposed instructional facility; and
[(C)iia leased facility operating for the first time as an instructional
facility with a minimum lease term of not less than 10 years.]
SECTIONi1.034.iiSubchapter D, Chapter 48, Education Code, as added by
this Act, is amended by adding Section 48.153ito read as follows:
Sec.i48.153.iiDROPOUT RECOVERY SCHOOL AND RESIDENTIAL
PLACEMENT FACILITY ALLOTMENT. A school district or open-enrollment
charter school is entitled to $275 for each student in average daily attendance
who:
(1)iiresides in a residential placement facility; or
(2)iiis at a district or school or a campus of the district or school that is
designated as a dropout recovery school under Section 39.0548.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6021
SECTIONi1.035.iiSection 42.106, Education Code, is transferred to
Subchapter D, Chapter 48, Education Code, as added by this Act, redesignated as
Section 48.154, and amended to read as follows:
Sec.i48.154i[42.106].iiTUITION ALLOTMENT FOR DISTRICTS NOT
OFFERING ALL GRADE LEVELS. A school district that contracts for students
residing in the district to be educated in another district under Section 25.039(a)
is entitled to receive an allotment equal to the total amount of tuition required to
be paid by the district under Section 25.039, not to exceed the amount specified
by commissioner rule under Section 25.039(b).
SECTIONi1.036.iiSubchapter D, Chapter 48, Education Code, as added by
this Act, is amended by adding Sections 48.155 and 48.156 to read as follows:
S e c . i 4 8 . 1 5 5 . i i C O L L E G E P R E PA R AT I O N A S S E S S M E N T
REIMBURSEMENT. A school district is entitled to reimbursement for the
amount of fees paid by the district for the administration of an assessment
instrument under Section 39.0261(a)(3).
Sec.i48.156.iiCERTIFICATION EXAMINATION REIMBURSEMENT. A
school district is entitled to reimbursement for the amount of a subsidy paid by
the district for a student ’s certification examination under Section 29.190(a) as
provided by Section 29.190(c).
SECTIONi1.037.iiChapter 48, Education Code, as added by this Act, is
amended by adding Subchapter E, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER E. TIER TWO ENTITLEMENT
SECTIONi1.038.iiSections 42.301, 42.302, 42.303, and 42.304, Education
Code, are transferred to Subchapter E, Chapter 48, Education Code, as added by
this Act, redesignated as Sections 48.201, 48.202, 48.203, and 48.204, Education
Code, and amended to read as follows:
Sec.i48.201ii[42.301].iiPURPOSE. The purpose of the tier two [guaranteed
yield] component of the Foundation School Program is to provide each school
district with the opportunity to provide the basic program and to supplement that
program at a level of its own choice. An allotment under this subchapter may be
used for any legal purpose other than capital outlay or debt service.
Sec.i48.202ii[42.302].iTIER TWOiALLOTMENT. (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 48.203 [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;
6022 86th LEGISLATURE — REGULAR SESSION
"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 48.258 [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
48.258 [42.2521], divided by 100.
(a-1)iiFor purposes of Subsection (a), the dollar amount guaranteed level of
state and local funds per weighted student per cent of tax effort ("GL") for a
school district is:
(1)iithe greater of the amount of district tax revenue per weighted
student per cent of tax effort [that would be] available to a school district at the
96th percentile of wealth per weighted student [the Austin Independent School
District, as determined by the commissioner in cooperation with the Legislative
Budget Board, if the reduction of the limitation on tax increases as provided by
Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply,] or the amount that
results from multiplying 6,160, or the greater amount provided under Section
48.051(b), if applicable, by 0.016 [of district tax revenue per weighted student
per cent of tax effort used for purposes of this subdivision in the preceding school
year], for the first eight [six] cents by which the district ’s maintenance and
operations tax rate exceeds the district s’ tier one tax rate [equal to the sum of 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 any additional tax effort included in calculating
the district ’s compressed tax rate under Section 42.101(a-1)]; and
(2)iisubject to Subsection (f), the amount that results from multiplying
$6,160, or the greater amount provided under Section 48.051(b), if applicable, by
0.008 [$31.95], for the district ’s maintenance and operations tax effort that
exceeds the amount of tax effort described by Subdivision (1).
(a-2)iiThe limitation on district enrichment tax rate ("DTR") under Section
48.203 [42.303] does not apply to the district ’s maintenance and operations tax
effort described by Subsection (a-1)(1).
(b)iiIn computing the district enrichment tax rate of a school district, the
total amount of maintenance and operations taxes collected by the school district
does not include the amount of:
(1)iithe district ’s local fund assignment under Section 48.256 [42.252];
or
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(2)iitaxes paid into a tax increment fund under Chapter 311, Tax Code.
(c)iiFor purposes of this section, school district taxes for which credit is
granted under Section 31.035, 31.036, or 31.037, Tax Code, are considered taxes
collected by the school district as if the taxes were paid when the credit for the
taxes was granted.
(d)iiFor purposes of this section, the total amount of maintenance and
operations taxes collected for an applicable school year by a school district with
alternate tax dates, as authorized by Section 26.135, Tax Code, is the amount of
taxes collected on or after January 1 of the year in which the school year begins
and not later than December 31 of the same year.
(e)iiFor purposes of this section, school district taxes for which credit is
granted under former Subchapter D, Chapter 313, Tax Code, are considered taxes
collected by the school district as if the taxes were paid when the credit for the
taxes was granted.
(f)iiFor a school year in which the dollar amount guaranteed level of state
and local funds per weighted student per cent of tax effort ("GL") under
Subsection (a-1)(2) exceeds the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort ("GL") under Subsection (a-1)(2)
for the preceding school year, a school district shall reduce the district ’s tax rate
under Section 45.0032(b)(2) for the tax year that corresponds to that school year
to a rate that results in the amount of state and local funds per weighted student
per cent of tax effort available to the district at the dollar amount guaranteed level
for the preceding school year. A school district is not entitled to the amount equal
to the increase of revenue described by this subsection for the school year for
which the district must reduce the district ’s tax rate. Unless Section 26.08(a-1),
Tax Code, applies to the district, for a tax year in which a district must reduce the
district ’s tax rate under this subsection, the district may not increase the district ’s
maintenance and operations tax rate to a rate that exceeds the maximum
maintenance and operations tax rate permitted under Section 45.003(d) or (f), as
applicable, minus the reduction of tax effort required under this subsection. This
subsection does not apply if the amount of state funds appropriated for a school
year specifically excludes the amount necessary to provide the dollar amount
guaranteed level of state and local funds per weighted student per cent of tax
effort under Subsection (a-1)(2) [If a school district imposes a maintenance and
operations tax at a rate greater than the rate equal to the product of the state
compression percentage, as determined under Section 42.2516, multiplied by the
maintenance and operations tax rate adopted by the district for the 2005 tax year,
the district is entitled to receive an allotment under this section on the basis of
that greater tax effort].
(f-1)iiNotwithstanding Subsection (f), for the 2019-2020ischool year, the
reduction of a school district ’s tax rate required under Subsection (f) applies to
the district ’s total enrichment tax rate under Section 45.0032(b) minus eight
cents. This subsection expires September 1, 2020.
Sec.i48.203 [42.303].iiLIMITATION ON ENRICHMENT TAX RATE. The
district enrichment tax rate ("DTR") under Section 48.202 [42.302] may not
exceed the amount per $100 of valuation by which the maximum rate permitted
6024 86th LEGISLATURE — REGULAR SESSION
under Section 45.003 exceeds the rate used to determine the district ’s local share
under Section 48.256 [42.252], or a greater amount for any year provided by
appropriation.
Sec.i48.204 [42.304].iiCOMPUTATION OF AID FOR DISTRICT ON
MILITARY RESERVATION OR AT STATE SCHOOL. State assistance under
this subchapter for a school district located on a federal military installation or at
Moody State School is computed using the average tax rate and property value
per student of school districts in the county, as determined by the commissioner.
SECTIONi1.039.iiChapter 48, Education Code, as added by this Act, is
amended by adding Subchapter F, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER F. FINANCING THE PROGRAM
SECTIONi1.040.iiSections 42.251, 42.2511, 42.2514, 42.2515, 42.2516,
and 42.252, Education Code, are transferred to Subchapter F, Chapter 48,
Education Code, as added by this Act, redesignated as Sections 48.251, 48.252,
48.253, 48.254, 48.255, and 48.256, Education Code, and amended to read as
follows:
Sec.i48.251 [42.251].iiFINANCING; GENERAL RULE. (a) The cost of the
Foundation School Program for a school district is the total sum of:
(1)iithe sum of the tier one allotments and other funding as follows:
(A)iithe basic allotment under Subchapter B;
(B)ii[and] the student-based [special] allotments under Subchapter
C; and
(C)iithe additional funding under Subchapter D; and
(2)ii[, computed in accordance with this chapter, constitute the tier one
allotments. The sum of the tier one allotments and] the tier two allotment
[guaranteed yield allotments] under Subchapter E.
(b)iiThe sum of the Foundation School Program maintenance and operations
costs for all accredited school districts in this state constitutes [F, computed in
accordance with this chapter, constitute] the total maintenance and operations
cost of the Foundation School Program.
(c)i[(b)]iiThe program shall be financed by:
(1)iistate available school funds distributed in accordance with the law
[ad valorem tax revenue generated by an equalized uniform school district effort];
(2)iiad valorem tax revenue generated by local school district effort [in
excess of the equalized uniform school district effort]; and
(3)ii[state available school funds distributed in accordance with law; and
[(4)]iistate funds appropriated for the purposes of public school
education and allocated to each district in an amount sufficient to finance the cost
of each district ’s Foundation School Program not covered by other funds
specified in this subsection.
Sec.i48.252 [42.2511].iiSCHOOL DISTRICT ENTITLEMENT FOR
CERTAIN STUDENTS. (a) This section applies only to:
(1)iia school district and an open-enrollment charter school that enter
into a contract to operate a district campus as provided by Section 11.174; and
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(2)iia charter granted by a school district for a program operated by an
entity that has entered into a contract under Section 11.174, provided that the
district does not appoint a majority of the governing body of the charter holder.
(b)iiNotwithstanding any other provision of this chapter or Chapter 49 [41],
a school district subject to this section is entitled to receive for each student in
average daily attendance at the campus described by Subsection (a) an amount
equivalent to the difference, if the difference results in increased funding,
between:
(1)iithe amount described by Section 12.106; and
(2)iithe amount to which the district would be entitled under this
chapter.
(c)iiThe commissioner shall adopt rules as necessary to administer this
section.
Sec.i48.253 [42.2514].iiADDITIONAL STATE AID FOR TAX
INCREMENT FINANCING PAYMENTS. (a) For each school year, a school
district[, including a school district that is otherwise ineligible for state aid under
this chapter,] is entitled to state aid in an amount equal to the amount the district
is required to pay into the tax increment fund for a reinvestment zone under
Section 311.013(n), Tax Code.
(b)iiA school district shall provide to the agency any agreements,
amendments to agreements, or other information required by the agency to
implement this section.
Sec.i48.254 [42.2515].iiADDITIONAL STATE AID FOR AD VALOREM
TAX CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. [(a)]
For each school year, a school district, including a school district that is otherwise
ineligible for state aid under this chapter, is entitled to state aid in an amount
equal to the amount of all tax credits credited against ad valorem taxes of the
district in that year under former Subchapter D, Chapter 313, Tax Code.
[(b)iiThe commissioner may adopt rules to implement and administer this
section.]
Sec.i48.255i[42.2516].iiSTATE COMPRESSION PERCENTAGE. (a) In
this title, "state compression percentage" means the percentage of the rate of
$1.00iper $100ivaluation of taxable property at which a school district must levy
a [district ’s adopted] maintenance and operations tax to receive the full amount of
the tier one allotment to which the district is entitled under this chapter.
(b)iiThe [tax rate for the 2005itax year that serves as the basis for state
funding. If the] state compression percentage is:
(1)ii93 percent; or
(2)iia lower percentage set [not established] by appropriation for a
school year [, the commissioner shall determine the state compression percentage
for each school year based on the percentage by which a district is able to reduce
the district ’s maintenance and operations tax rate for that year, as compared to the
district ’s adopted maintenance and operations tax rate for the 2005itax year, as a
result of state funds appropriated for that year from the property tax relief fund
established under Section 403.109, Government Code, or from another funding
source available for school district property tax relief.
6026 86th LEGISLATURE — REGULAR SESSION
[(g)iiThe commissioner may adopt rules necessary to implement this section.
[(h)iiA determination by the commissioner under this section is final and
may not be appealed].
Sec.i48.256 [42.252].iiLOCAL SHARE OF PROGRAM COST (TIER
ONE). (a) Each school district ’s share of the Foundation School Program is
determined by the following formula:
LFA = TR X DPV
where:
"LFA" is the school district ’s local share;
"TR" is the school district ’s adopted tier one maintenance and operations [a]
tax rate, as described by Section 45.0032(a) [which] for each hundred dollars of
valuation [is an effective tax rate of the amount equal to the product of the state
compression percentage, as determined under Section 42.2516, multiplied by the
lesser of:
[(1)ii$1.50; or
[(2)iithe maintenance and operations tax rate adopted by the district for
the 2005 tax year]; and
"DPV" is the taxable value of property in the school district for the current
[preceding] tax year determined under Subchapter M, Chapter 403, Government
Code.
[(a-1)iiNotwithstanding Subsection (a), for a school district that adopted a
maintenance and operations tax rate for the 2005 tax year below the maximum
rate permitted by law for that year, the district ’s tax rate ("TR") includes the tax
effort included in calculating the district ’s compressed tax rate under Section
42.101(a-1).]
(b)iiThe commissioner shall adjust the values reported by [in the official
report of] the comptroller [as required by Section 5.09(a), Tax Code,] to reflect
reductions in taxable value of property resulting from natural or economic
disaster [after January 1] in the year in which the valuations are determined. The
decision of the commissioner is final. An adjustment does not affect the local
fund assignment of any other school district.
(c)iiAppeals of district values shall be held pursuant to Section 403.303,
Government Code.
(d)iiThis subsection applies to a school district in which the board of trustees
entered into a written agreement with a property owner under Section 313.027,
Tax Code, for the implementation of a limitation on appraised value under
Subchapter B or C, Chapter 313, Tax Code. For purposes of determining "DPV"
under Subsection (a) for a school district to which this subsection applies, the
commissioner shall exclude a portion of the market value of property not
otherwise fully taxable by the district under Subchapter B or C, Chapter 313, Tax
Code, before the expiration of the subchapter. The comptroller shall provide
information to the agency necessary for this subsection. A revenue protection
payment required as part of an agreement for a limitation on appraised value shall
be based on the district ’s taxable value of property for the preceding tax year.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6027
(e)iiSubsection (d) does not apply to property that was the subject of an
application under Subchapter B or C, Chapter 313, Tax Code, made after May 1,
2009, that the comptroller recommended should be disapproved. [A school
district must raise its total local share of the Foundation School Program to be
eligible to receive foundation school fund payments.]
SECTIONi1.041.iiSubchapter F, Chapter 48, Education Code, as added by
this Act, is amended by adding Section 48.257 to read as follows:
Sec.i48.257.iiLOCAL REVENUE LEVEL IN EXCESS OF
ENTITLEMENT. (a) Subject to Subsection (b), if a school district ’s tier one local
share under Section 48.256 exceeds the district ’s entitlement under Section
48.266(a)(1) less the district ’s distribution from the state available school fund,
the district must reduce the district ’s tier one revenue level in accordance with
Chapter 49 to a level not to exceed the district ’s entitlement under Section
48.266(a)(1) less the district ’s distribution from the state available school fund.
(b)iiThis subsection applies only to a school district to which Subsection (a)
applies. If a district ’s maintenance and operations tax collections from the tax rate
described by Section 45.0032(a) for the current tax year minus the required
reduction in a district ’s tier one revenue level under Subsection (a) results in an
amount that is less than the amount of the district ’s entitlement under Section
48.266(a)(1) less the district ’s distribution from the state available school fund,
the agency shall adjust the amount of the reduction required in the district ’s tier
one revenue level under Subsection (a) up to the amount of local funds necessary
for the district ’s entitlement under Section 48.266(a)(1) less the district ’s
distribution from the state available school fund.
(c)iiFor purposes of Subsection (a), state aid to which a district is entitled
under this chapter that is not described by Section 48.266(a)(1), (2), or (3) may
offset the amount by which a district must reduce the district s’ tier one revenue
level under Subsection (a). Any amount of state aid used as an offset under this
subsection shall reduce the amount of state aid to which the district is entitled.
(d)iiExcept as provided by Subsection (e), a school district is entitled to
retain the total amount of the district ’s tier two local share described by Section
48.266(a)(5)(A).
(e)iiIn any school year for which the amount of state funds appropriated
specifically excludes the amount necessary to provide the dollar amount
guaranteed level of state and local funds per weighted student per cent of tax
effort under Section 48.202(a-1)(1), a district may only retain the amount of the
district ’s tier two local share described by Section 48.266(a)(5)(A) equal to the
amount of revenue that would be generated based on the amount appropriated for
the dollar amount guaranteed level of state and local funds.
(f)iiIf the amount of a school district ’s tier two local share described by
Section 48.266(a)(5)(B) to which a district is entitled exceeds the amount
described by Section 48.202(a-1)(2), the district must reduce the district ’s
revenue in accordance with Chapter 49 to a level not to exceed the amount
described by Section 48.202 (a-1)(2).
6028 86th LEGISLATURE — REGULAR SESSION
(g)iiFor a district to which Section 45.003(f) applies, revenue generated
from any cents of maintenance and operations tax effort that exceeds the
maximum rate permitted under Section 45.003(d) is subject to the revenue limit
established under Subsection (f).
SECTIONi1.042.iiSections 42.2521, 42.2522, 42.2523, 42.2524, 42.2525,
42.2526, 42.2527, 42.2528, 42.253, 42.2531, 42.2532, 42.254, 42.255, 42.257,
42.258, 42.259, 42.2591, and 42.260, Education Code, are transferred to
Subchapter F, Chapter 48, Education Code, as added by this Act, redesignated as
Sections 48.258, 48.259, 48.260, 48.261, 48.262, 48.263, 48.264, 48.265,
48.266, 48.267, 48.268, 48.269, 48.270, 48.271, 48.272, 48.273, 48.274, and
48.275, Education Code, and amended to read as follows:
Sec.i48.258 [42.2521].iiADJUSTMENT FOR RAPID DECLINE IN
TAXABLE VALUE OF PROPERTY. (a) For purposes of Chapters [41iand]
46iand 49iand this chapter, and to the extent money specifically authorized to be
used under this section is available, the commissioner shall adjust the taxable
value of property in a school district that, due to factors beyond the control of the
board of trustees, experiences a rapid decline in the tax base used in calculating
taxable values in excess of four percent of the tax base used in the preceding year.
(b)iiTo the extent that a sufficient amount of money is not available to fund
all adjustments under this section, the commissioner shall reduce adjustments in
the manner provided by Section 48.266(f) [42.253(h)] so that the total amount of
adjustments equals the amount of money available to fund the adjustments.
(c)iiA decision of the commissioner under this section is final and may not
be appealed.
Sec.i48.259 [42.2522].iiADJUSTMENT FOR OPTIONAL HOMESTEAD
EXEMPTION. (a) In any school year, the commissioner may not provide funding
under this chapter or Chapter 46 based on a school district ’s taxable value of
property computed in accordance with Section 403.302(d)(2), Government Code,
unless:
(1)iifunds are specifically appropriated for purposes of this section; or
(2)iithe commissioner determines that the total amount of state funds
appropriated for purposes of the Foundation School Program for the school year
exceeds the amount of state funds distributed to school districts in accordance
with Section 48.266i[42.253] based on the taxable values of property in school
districts computed in accordance with Section 403.302(d), Government Code,
without any deduction for residence homestead exemptions granted under
Section 11.13(n), Tax Code.
(b)iiIn making a determination under Subsection (a)(2), the commissioner
shall:
(1)iinotwithstanding Section 48.266(b) [42.253(b)], reduce the
entitlement under this chapter of a school district whose final taxable value of
property is higher than the estimate under Section 48.269 [42.254] and make
payments to school districts accordingly; and
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6029
(2)iigive priority to school districts that, due to factors beyond the
control of the board of trustees, experience a rapid decline in the tax base used in
calculating taxable values in excess of four percent of the tax base used in the
preceding year.
(c)iiIn the first year of a state fiscal biennium, before providing funding as
provided by Subsection (a)(2), the commissioner shall ensure that sufficient
appropriated funds for purposes of the Foundation School Program are available
for the second year of the biennium, including funds to be used for purposes of
Section 48.258 [42.2521].
(d)iiIf the commissioner determines that the amount of funds available under
Subsection (a)(1) or (2) does not at least equal the total amount of state funding to
which districts would be entitled if state funding under this chapter were based on
the taxable values of property in school districts computed in accordance with
Section 403.302(d)(2), Government Code, the commissioner may, to the extent
necessary, provide state funding based on a uniform lesser fraction of the
deduction under Section 403.302(d)(2), Government Code.
(e)iiThe commissioner shall notify school districts as soon as practicable as
to the availability of funds under this section. For purposes of computing a
rollback tax rate under Section 26.08, Tax Code, a district shall adjust the
district ’s tax rate limit to reflect assistance received under this section.
Sec.i48.260 [42.2523].iiADJUSTMENT FOR PROPERTY VALUE
AFFECTED BY STATE OF DISASTER. (a) For purposes of Chapters [41iand]
46iand 49iand this chapter, the commissioner shall adjust the taxable value of
property of a school district all or part of which is located in an area declared a
disaster area by the governor under Chapter 418, Government Code, as necessary
to ensure that the district receives funding based as soon as possible on property
values as affected by the disaster.
(b)iiThe commissioner may fund adjustments under this section using funds
specifically appropriated for the purpose or other funds available to the
commissioner for that purpose.
(c)i[(d)]iiA decision of the commissioner under this section is final and may
not be appealed.
Sec.i48.261 [42.2524].iiREIMBURSEMENT FOR DISASTER
REMEDIATION COSTS. (a) This section applies only to a school district all or
part of which is located in an area declared a disaster area by the governor under
Chapter 418, Government Code, and that incurs disaster remediation costs as a
result of the disaster.
(b)iiDuring the two-year period following the date of the governor ’s initial
proclamation or executive order declaring a state of disaster, a district may apply
to the commissioner for reimbursement of disaster remediation costs that the
district pays during that period and does not anticipate recovering through
insurance proceeds, federal disaster relief payments, or another similar source of
reimbursement.
(c)iiThe commissioner may provide reimbursement under this section only if
funds are available for that purpose from [as follows]:
6030 86th LEGISLATURE — REGULAR SESSION
(1)ii[reimbursement for a school district not required to take action
under Chapter 41imay be provided from:
[(A)]iiamounts appropriated for that purpose, including amounts
appropriated for school [those] districts for that purpose to the disaster
contingency fund established under Section 418.073, Government Code; or
(2)ii[(B)]iiFoundation School Program funds available for that purpose,
based on a determination by the commissioner that the amount appropriated for
the Foundation School Program, including the facilities component as provided
by Chapter 46, exceeds the amount to which districts are entitled under this
chapter and Chapter 46[; and
[(2)iireimbursement for a school district required to take action under
Chapter 41imay be provided from funds described by Subdivision (1)(B) if funds
remain available after fully reimbursing each school district described by
Subdivision (1) for its disaster remediation costs].
(d)ii[If the amount of money available for purposes of reimbursing school
districts not required to take action under Chapter 41iis not sufficient to fully
reimburse each district ’s disaster remediation costs, the commissioner shall
reduce the amount of assistance provided to each of those districts
proportionately. If the amount of money available for purposes of reimbursing
school districts required to take action under Chapter 41iis not sufficient to fully
reimburse each district ’s disaster remediation costs, the commissioner shall
reduce the amount of assistance provided to each of those districts
proportionately.
[(e)]iiA district seeking reimbursement under this section must provide the
commissioner with adequate documentation of the costs for which the district
seeks reimbursement.
(e)ii[(f)iiA district required to take action under Chapter 41:
[(1)iimay, at its discretion, receive assistance provided under this section
either as a payment of state aid under this chapter or as a reduction in the total
amount required to be paid by the district for attendance credits under Section
41.093; and
[(2)iimay not obtain reimbursement under this section for the payment
of any disaster remediation costs that resulted in a reduction under Section
41.0931 of the district ’s cost of attendance credits.
[(h)]iiThe commissioner shall adopt rules necessary to implement this
section, including rules:
(1)iidefining "disaster remediation costs" for purposes of this section,
which must include the cost to repair or replace vehicles or computers damaged
in the disaster; and
(2)iispecifying the type of documentation required under Subsection (d)
[(e)].
(f)i[(i)]iiNotwithstanding any other provision of this section, the
commissioner may permit a district to use amounts provided to a district under
this section to pay the costs of replacing a facility instead of repairing the facility.
The commissioner shall ensure that a district that elects to replace a facility does
not receive an amount under this section that exceeds the lesser of:
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(1)iithe amount that would be provided to the district if the facility were
repaired; or
(2)iithe amount necessary to replace the facility.
(g)i[(j)]iiThis section does not require the commissioner to provide any
requested reimbursement. A decision of the commissioner regarding
reimbursement is final and may not be appealed.
Sec.i48.262 [42.2525].iiADJUSTMENTS FOR CERTAIN DISTRICTS
RECEIVING FEDERAL IMPACT AID. The commissioner is granted the
authority to ensure that school districts receiving federal impact aid due to the
presence of a military installation or significant concentrations of military
students do not receive more than an eight percent reduction should the federal
government reduce appropriations to those schools.
Sec.i48.263 [42.2526].iiADJUSTMENT FOR DISTRICT OPERATING
PILOT PROGRAM. (a) This section applies only to a school district operating a
pilot program authorized by Section 28.0255.
(b)iiBeginning with the first school year that follows the first school year in
which students receive high school diplomas under the pilot program authorized
by Section 28.0255 and continuing for every subsequent school year that the
district operates the pilot program, the commissioner shall provide funding for the
district ’s prekindergarten program under Section 29.153 on a full-day basis for a
number of prekindergarten students equal to twice the number of students who
received a high school diploma under the pilot program authorized by Section
28.0255 during the preceding school year.
(c)iiThis section expires September 1, 2023.
Sec.i48.264 [42.2527].iiADJUSTMENT FOR CERTAIN DISTRICTS
WITH EARLY HIGH SCHOOL GRADUATION PROGRAMS. (a) As a pilot
program to enable the state to evaluate the benefit of providing additional funding
at the prekindergarten level for low-income students, the commissioner shall
provide prekindergarten funding in accordance with this section to a school
district located in a county that borders the United Mexican States and the Gulf of
Mexico.
(b)iiThe commissioner shall provide funding for a school district ’s
prekindergarten program on a half-day basis for a number of low-income
prekindergarten students equal to twice the number of students who received, as a
result of participation in an early high school graduation program operated by the
district, a high school diploma from the district during the preceding school year
after three years of secondary school attendance.
(c)iiThe commissioner may adopt rules necessary to implement this section.
(d)iiThis section expires September 1, 2023.
Sec.i48.265 [42.2528].iiEXCESS FUNDS FOR VIDEO SURVEILLANCE
OF SPECIAL EDUCATION SETTINGS. (a) Notwithstanding any other
provision of law, if the commissioner determines that the amount appropriated for
the purposes of the Foundation School Program exceeds the amount to which
school districts are entitled under this chapter, the commissioner by rule shall
establish a grant program through which excess funds are awarded as grants for
6032 86th LEGISLATURE — REGULAR SESSION
the purchase of video equipment, or for the reimbursement of costs for previously
purchased video equipment, used for monitoring special education classrooms or
other special education settings required under Section 29.022.
(b)iiIn awarding grants under this section, the commissioner shall give
highest priority to districts with maintenance and operations tax rates at the
greatest rates permitted by law. The commissioner shall also give priority to:
(1)iidistricts with maintenance and operations tax rates at least equal to
the state maximum compressed tax rate, as defined by Section 48.051(a)
[42.101(a)], and lowest amounts of maintenance and operations tax revenue per
weighted student; and
(2)iidistricts with debt service tax rates near or equal to the greatest rates
permitted by law.
(c)iiThe commissioner may adopt rules to implement and administer this
section.
Sec.i48.266i[42.253].iiDISTRIBUTION OF FOUNDATION SCHOOL
FUND. (a) For each school year the commissioner shall determine:
(1)iithe amount of money to which a school district is entitled under
Subchapters B, [and] C, and D;
(2)iithe amount of money to which a school district is entitled under
Subchapter E [F];
(3)iithe amount of money allocated to the district from the available
school fund;
(4)iithe amount of each district ’s tier one local share under Section
48.256i[42.252]; and
(5)iithe amount of each district ’s tier two local share under Section
48.202ifor:
(A)iithe district ’s maintenance and operations tax effort described
by Section 48.202(a-1)(1); and
(B)iithe district ’s maintenance and operations tax effort described
by Section 48.202(a-1)(2) [42.302].
(b)iiExcept as provided by this subsection, the commissioner shall base the
determinations under Subsection (a) on the estimates provided to the legislature
under Section 48.269 [42.254], or, if the General Appropriations Act provides
estimates for that purpose, on the estimates provided under that Act, for each
school district for each school year. The commissioner shall reduce the
entitlement of each district that has a final taxable value of property for the
second year of a state fiscal biennium that is higher than the estimate under
Section 48.269 [42.254] or the General Appropriations Act, as applicable. A
reduction under this subsection may not reduce the district ’s entitlement below
the amount to which it is entitled at its actual taxable value of property.
(c)iiEach school district is entitled to an amount equal to the difference for
that district between the sum of Subsections (a)(1) and (a)(2) and the sum of
Subsections (a)(3), (a)(4), and (a)(5).
(d)iiThe commissioner shall approve warrants to each school district
equaling the amount of its entitlement except as provided by this section.
Warrants for all money expended according to this chapter shall be approved and
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transmitted to treasurers or depositories of school districts in the same manner
that warrants for state payments are transmitted. The total amount of the warrants
issued under this section may not exceed the total amount appropriated for
Foundation School Program purposes for that fiscal year.
(e)i[(g)]iiIf a school district demonstrates to the satisfaction of the
commissioner that the estimate of the district ’s tax rate, student enrollment, or
taxable value of property used in determining the amount of state funds to which
the district is entitled are so inaccurate as to result in undue financial hardship to
the district, the commissioner may adjust funding to that district in that school
year to the extent that funds are available for that year.
(f)i[(h)]iiIf 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 and open-enrollment charter schools 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.iiThe 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.iiIf the legislature fails during the regular session to enact
the proposed transfer and appropriation and there are not funds available under
Subsection (h) [(j)], the commissioner shall adjust the total amounts due to each
school district and open-enrollment charter school under this chapter and the total
amounts necessary for each school district to comply with the requirements of
Chapter 49 [41] by an amount determined by applying to each district and school
the same percentage adjustment to the total amount of state and local revenue due
to the district or school under this chapter and Chapter 49 [41] so that the total
amount of the adjustment to all districts and schools results in an amount equal to
the total adjustment necessary.iiThe following fiscal year:
(1)iia district ’s or school ’s entitlement under this section is increased by
an amount equal to the adjustmentiimade under this subsection; and
(2)iithe amount necessary for a district to comply with the requirements
of Chapter 49 [41] is reduced by an amount necessary to ensure a district ’s full
recovery of the adjustment made under this subsection.
(g)i[(i)]iiNot later than March 1 each year, the commissioner shall determine
the actual amount of state funds to which each school district is entitled under the
allocation formulas in this chapter for the current school year and shall compare
that amount with the amount of the warrants issued to each district for that year. If
the amount of the warrants differs from the amount to which a district is entitled
because of variations in the district s’ tax rate, student enrollment, or taxable value
of property, the commissioner shall adjust the district ’s entitlement for the next
fiscal year accordingly.
(h)i[(j)]iiThe legislature may appropriate funds necessary for increases under
Subsection (g) [(i)] from funds that the comptroller, at any time during the fiscal
year, finds are available.
6034 86th LEGISLATURE — REGULAR SESSION
(i)i[(k)]iiThe commissioner shall compute for each school district the total
amount by which the district ’s allocation of state funds is increased or reduced
under Subsection (g) [(i)] and shall certify that amount to the district.
Sec.i48.267ii[42.2531].iiADJUSTMENT BY COMMISSIONER. (a) The
commissioner may make adjustments to amounts due to a school district under
this chapter or Chapter 46, or to amounts necessary for a district to comply with
the requirements of Chapter 49 [41], as provided by this section.
(b)iiA school district that has a major taxpayer, as determined by the
commissioner, that because of a protest of the valuation of the taxpayer s’ property
fails to pay all or a portion of the ad valorem taxes due to the district may apply
to the commissioner to have the district ’s taxable value of property or ad valorem
tax collections adjusted for purposes of this chapter or Chapter [41ior] 46ior 49.
The commissioner may make the adjustment only to the extent the commissioner
determines that making the adjustment will not:
(1)iiin the fiscal year in which the adjustment is made, cause the amount
to which school districts are entitled under this chapter to exceed the amount
appropriated for purposes of the Foundation School Program for that year; and
(2)iiif the adjustment is made in the first year of a state fiscal biennium,
cause the amount to which school districts are entitled under this chapter for the
second year of the biennium to exceed the amount appropriated for purposes of
the Foundation School Program for that year.
(c)iiThe commissioner shall recover the benefit of any adjustment made
under this section by making offsetting adjustments in the school district ’s
taxable value of property or ad valorem tax collections for purposes of this
chapter or Chapter [41ior] 46ior 49ion a final determination of the taxable value
of property that was the basis of the original adjustment, or in the second school
year following the year in which the adjustment is made, whichever is earlier.
(d)iiThis section does not require the commissioner to make any requested
adjustment. A determination by the commissioner under this section is final and
may not be appealed.
Sec.i48.268ii[42.2532].iiADJUSTMENT FOR RESOLUTION OF
DISPUTE OR ERROR RESULTING IN TAXATION OF SAME PROPERTY
BY MULTIPLE SCHOOL DISTRICTS.iiThe commissioner shall adjust the
amounts due to a school district under this chapter and Chapter 46ias necessary to
account for the resolution of a dispute or error involving the district and another
district by an agreement between the districts entered into under Section
31.112(c), Tax Code, or by a final order of the supreme court entered under
Section 72.010, Local Government Code.
Sec.i48.269ii[42.254].iiESTIMATES REQUIRED. (a) Not later than
October 1 of each even-numbered year:
(1)iithe agency shall submit to the legislature an estimate of the tax rate
and student enrollment of each school district for the following biennium; and
(2)iithe comptroller shall submit to the legislature an estimate of the
total taxable value of all property in the state as determined under Subchapter M,
Chapter 403, Government Code, for the following biennium.
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(b)iiThe agency and the comptroller shall update the information provided to
the legislature under Subsection (a) not later than March 1 of each odd-numbered
year.
Sec.i48.270ii[42.255].iiFALSIFICATION OF RECORDS; REPORT. When,
in the opinion of the agency ’s director of school audits, audits or reviews of
accounting, enrollment, or other records of a school district reveal deliberate
falsification of the records, or violation of the provisions of this chapter, through
which the district ’s share of state funds allocated under the authority of this
chapter would be, or has been, illegally increased, the director shall promptly and
fully report the fact to the State Board of Education, the state auditor, and the
appropriate county attorney, district attorney, or criminal district attorney.
Sec.i48.271ii[42.257].iiEFFECT OF APPRAISAL APPEAL. (a) If the final
determination of an appeal under Chapter 42, Tax Code, results in a reduction in
the taxable value of property that exceeds five percent of the total taxable value of
property in the school district for the same tax year determined under Subchapter
M, Chapter 403, Government Code, the commissioner shall request the
comptroller to adjust its taxable property value findings for that year consistent
with the final determination of the appraisal appeal.
(b)iiIf the district would have received a greater amount from the foundation
school fund for the applicable school year using the adjusted value, the
commissioner shall add the difference to subsequent distributions to the district
from the foundation school fund. An adjustment does not affect the local fund
assignment of any other district.
(c)iiIn addition to the funding provided under Subsection (b), a school
district is entitled to reimbursement for the amount of interest included in a
refund made by the district under Section 42.43, Tax Code, in the state fiscal year
ending August 31, 2018, or August 31, 2019. This subsection expires September
1, 2021.
Sec.i48.272ii[42.258].iiRECOVERY OF OVERALLOCATED FUNDS.
(a)iiIf a school district has received an overallocation of state funds, the agency
shall, by withholding from subsequent allocations of state funds for the current or
subsequent school year or by requesting and obtaining a refund, recover from the
district an amount equal to the overallocation.
(b)i[(a-1)]iiNotwithstanding Subsection (a), the agency may recover an
overallocation of state funds over a period not to exceed the subsequent five
school years if the commissioner determines that the overallocation was the result
of exceptional circumstances reasonably caused by statutory changes to Chapter
[41ior] 46ior 49ior this chapter and related reporting requirements.
(c)i[(b)]iiIf a district fails to comply with a request for a refund under
Subsection (a), the agency shall certify to the comptroller that the amount
constitutes a debt for purposes of Section 403.055, Government Code. The
agency shall provide to the comptroller the amount of the overallocation and any
other information required by the comptroller. The comptroller may certify the
amount of the debt to the attorney general for collection.
(d)i[(c)]iiAny amounts recovered under this section shall be deposited in the
foundation school fund.
6036 86th LEGISLATURE — REGULAR SESSION
(e)iiSubject to Subsection (f), the agency may review a school district as
necessary to determine if the district qualifies for each allotment received by the
district under this chapter. If the agency determines that a school district received
an allotment to which the district was not entitled, the agency may establish a
corrective action plan or withhold the applicable amount of funding from the
district.
(f)iiThe agency may not review school district expenditures that occurred
seven or more years before the review.
Sec.i48.273ii[42.259].iiFOUNDATION SCHOOL FUND TRANSFERS. (a)
In this section:
(1)ii"Category 1 school district" means a school district having a wealth
per student of less than one-half of the statewide average wealth per student.
(2)ii"Category 2 school district" means a school district having a wealth
per student of at least one-half of the statewide average wealth per student but not
more than the statewide average wealth per student.
(3)ii"Category 3 school district" means a school district having a wealth
per student of more than the statewide average wealth per student.
(4)ii"Wealth per student" means the taxable property values reported by
the comptroller to the commissioner under Section 48.256 [42.252] divided by
the number of students in average daily attendance.
(b)iiPayments from the foundation school fund to each category 1 school
district shall be made as follows:
(1)ii15 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)ii80 percent of the yearly entitlement of the district shall be paid in
eight equal installments to be made on or before the 25th day of October,
November, December, January, March, May, June, and July; and
(3)iifive percent of the yearly entitlement of the district shall be paid in
an installment to be made on or before the 25th day of February.
(c)iiPayments from the foundation school fund to each category 2 school
district shall be made as follows:
(1)ii22 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)ii18 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)ii9.5 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)ii7.5 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)iifive 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)ii10 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)ii13 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
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6037
(8)ii15 percent of the yearly entitlement of the district shall be paid in an
installment to be made on or before the 25th day of August.
(d)iiPayments from the foundation school fund to each category 3 school
district shall be made as follows:
(1)ii45 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)ii35 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)ii20 percent of the yearly entitlement of the district shall be paid in an
installment to be made on or before the 25th day of August.
(e)iiThe amount of any installment required by this section may be modified
to provide a school district with the proper amount to which the district may be
entitled by law and to correct errors in the allocation or distribution of funds. If an
installment under this section is required to be equal to other installments, the
amount of other installments may be adjusted to provide for that equality. A
payment under this section is not invalid because it is not equal to other
installments.
(f)iiPreviously 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.
(g)iiThe commissioner shall make all annual Foundation School Program
payments under this section for purposes described by Sections 45.252(a)(1) and
(2) before the deadline established under Section 45.263(b) for payment of debt
service on bonds.iiNotwithstanding any other provision of this section, the
commissioner may make Foundation School Program payments under this
section after the deadline established under Section 45.263(b) only if the
commissioner has not received notice under Section 45.258 concerning a
district ’s failure or inability to pay matured principal or interest on bonds.
Sec.i48.274ii[42.2591].iiFOUNDATION SCHOOL FUND TRANSFERS
TO CERTAIN CHARTER SCHOOLS. (a)iiOn the request of an open-enrollment
charter school, the commissioner shall compare the student enrollment of the
open-enrollment charter school for the current school year to the student
enrollment of the school during the preceding school year.iiIf the number of
students enrolled at the open-enrollment charter school for the current school year
has increased by 10 percent or more from the number of students enrolled during
the preceding school year, the open-enrollment charter school may request that
payments from the foundation school fund to the school for the following school
year and each subsequent school year, subject to Subsection (b), be made
according to the schedule provided under Subsection (c).
(b)iiAn open-enrollment charter school that qualifies to receive funding as
provided by this section is entitled to receive funding in that manner for three
school years.iiOn the expiration of that period, the commissioner shall determine
the eligibility of the open-enrollment charter school to continue receiving
payments from the foundation school fund under this section for an additional
6038 86th LEGISLATURE — REGULAR SESSION
three school years.iiSubsequently, the open-enrollment charter school must
reestablish eligibility in the manner provided by this subsection every three
school years.
(c)iiPayments from the foundation school fund to an open-enrollment
charter school under this section shall be made as follows:
(1)ii22 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)ii18 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)ii9.5 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)iifour 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)iifour 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)iifour 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)iifour 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)ii7.5 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)iifive 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)iiseven 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)iiseven 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)iieight percent of the yearly entitlement of the school shall be paid
in an installment to be made on or before the 25th day of August.
(d)iiThe amount of any installment required by this section may be modified
to provide an open-enrollment charter school with the proper amount to which
the school may be entitled by law and to correct errors in the allocation or
distribution of funds.
(e)iiPreviously 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.
Sec.i48.275ii[42.260].iiUSE OF CERTAIN FUNDS. (a) In this section,
"participating charter school" means an open-enrollment charter school that
participates in the uniform group coverage program established under Chapter
1579, Insurance Code.
(b)iiThe amount of additional funds to which each school district or
participating charter school is entitled due to the increases in formula funding
made by HBi3343, Acts of the 77th Legislature, Regular Session, 2001, and any
subsequent legislation amending the provisions amended by that Act that increase
formula funding under Chapter 49 [41] and this chapter to school districts and
charter schools is available for purposes of Subsection (c).
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6039
(c)iiNotwithstanding any other provision of this code, a school district or
participating charter school may use the sum of the following amounts of funds
only to pay contributions under a group health coverage plan for district or school
employees:
(1)iithe amount determined by multiplying the amount of $900 or the
amount specified in the General Appropriations Act for that year for purposes of
the state contribution under Section 1579.251, Insurance Code, by the number of
district or school employees who participate in a group health coverage plan
provided by or through the district or school; and
(2)iithe difference between the amount necessary for the district or
school to comply with Section 1581.052, Insurance Code, for the school year and
the amount the district or school is required to use to provide health coverage
under Section 1581.051, Insurance Code, for that year.
(d)iiA determination by the commissioner under this section is final and may
not be appealed.
[(e)iiThe commissioner may adopt rules to implement this section.]
SECTIONi1.043.iiSubchapter F, Chapter 48, Education Code, as added by
this Act, is amended by adding Sections 48.277, 48.278, and 48.279 to read as
follows:
Sec.i48.277.iiFORMULA TRANSITION GRANT. (a) A school district or
open-enrollment charter school is entitled to receive an annual allotment for each
student in average daily attendance in the amount equal to the difference, if the
difference is greater than zero, that results from subtracting the total maintenance
and operations revenue per student in average daily attendance for the current
school year from the lesser of:
(1)ii103 percent of the district ’s or school ’s total maintenance and
operations revenue per student in average daily attendance for the
2019-2020ischool year that the district or school would have received under
former Chapters 41iand 42, as those chapters existed on January 1, 2019; or
(2)ii128 percent of the statewide average amount of maintenance and
operations revenue per student in average daily attendance that would have been
provided for the 2019-2020ischool year under former Chapters 41iand 42, as
those chapters existed on Januaryi1, 2019.
(b)iiFor purposes of calculating maintenance and operations revenue under
Subsection (a), the commissioner shall:
(1)iifor purposes of Subsections (a)(1) and (2), use the following
applicable school year:
(A)iiin a school year ending in an even-numbered year, the
2019-2020ischool year; and
(B)iiin a school year ending in an odd-numbered year, the
2019-2020ior 2020-2021ischool year, whichever is greater;
(2)iiinclude all state and local funding, except for any funding resulting
from:
(A)iireimbursement for disaster remediation costs under former
Sections 41.0931iand 42.2524;
6040 86th LEGISLATURE — REGULAR SESSION
(B)iian adjustment for rapid decline in taxable value of property
under former Section 42.2521; and
(C)iian adjustment for property value affected by a state of disaster
under former Section 42.2523;
(3)iiadjust the calculation to reflect a reduction in tax effort by a school
district; and
(4)iiif a school district or open-enrollment charter school receives a
waiver relating to eligibility requirements for the national free or reduced-price
lunch program under 42 U.S.C. Section 1751 et seq., use the numbers of
educationally disadvantaged students on which the district ’s or school ’s
entitlement to compensatory education funds was based for the school year
before the school year in which the district or school received the waiver,
adjusted for estimated enrollment growth.
(c)iiA decision by the commissioner under this section is final and may not
be appealed.
(d)iiA school district or open-enrollment charter school is not entitled to an
allotment under Subsection (a) beginning with the 2024-2025 school year.
(d-1)iiSubject to Subsection (d-2), a school district or open-enrollment
charter school is entitled to receive an annual allotment for each student in
average daily attendance in the amount equal to the difference, if the difference is
greater than zero, that results from subtracting the total maintenance and
operations revenue per student in average daily attendance for the current school
year from the total maintenance and operations revenue per student in average
daily attendance that would have been available to the district or school under
former Chapters 4i and 42, as those chapters existed on Januaryi1, 2019. For
purposes of calculating a district ’s maintenance and operations revenue under this
subsection, the commissioner shall:
(1)iiapply Subsection (b); and
(2)iiin calculating a district ’s maintenance and operations revenue under
former Chapters 41iand 42, as those chapters existed on January 1, 2019, exclude
any additional revenue the district would have received under former Sections
41.002(e) through (g), as those sections existed on Januaryi1, 2019.
(d-2)iiA school district or open-enrollment charter school may only receive
an allotment under Subsection (a) or (d-1), whichever is greater, but not both.
(d-3)iiSubsections (d-1) and (d-2) and this subsection expire September 1,
2021.
(e)iiThis section expires September 1, 2025.
Sec.i48.278.iiEQUALIZED WEALTH TRANSITION GRANT. (a) Subject
to Subsection (b), a school district is entitled to receive an annual allotment in an
amount equal to the amount of additional revenue a school district received for
the 2018-2019ischool year under former Sections 41.002(e) through (g), as those
sections existed on January 1, 2019.
(b)iiFor purposes of calculating a district ’s allotment under Subsection (a),
the commissioner shall reduce the amount to which a district is entitled under
Subsection (a) by:
(1)iifor the 2020-2021 school year, 20 percent;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6041
(2)iifor the 2021-2022 school year, 40 percent;
(3)iifor the 2022-2023 school year, 60 percent; and
(4)iifor the 2023-2024 school year, 80 percent.
(c)iiThis section expires September 1, 2024.
Sec.i48.279.iiMAINTENANCE OF STATE FINANCIAL SUPPORT FOR
SPECIAL EDUCATION. (a) Funds appropriated for purposes of this section or
transferred in accordance with this section are state funds for purposes of
compliance with the requirements regarding maintenance of state financial
support for special education under 20iU.S.C.iSection 1412(a)(18). The
commissioner shall identify the amount of funding described by this subsection
and separate that amount from other funding provided under this chapter.
(b)iiIf the commissioner determines that the total amount of funding for
special education for a school year that ends during the first state fiscal year of a
state fiscal biennium is less than the amount required to comply with
requirements regarding maintenance of state financial support under
20iU.S.C.iSection 1412(a)(18), the commissioner shall use funds appropriated for
the Foundation School Program for the second state fiscal year of that biennium
to increase funding for special education for the first state fiscal year of that
biennium in an amount necessary to ensure compliance with that provision.
(c)iiIf the commissioner determines that the total amount of funding for
special education for a school year that ends during the second state fiscal year of
a state fiscal biennium is less than the amount required to comply with
requirements regarding maintenance of state financial support under
20iU.S.C.iSection 1412(a)(18), the commissioner shall submit to the legislature
an estimate of the amount of funding needed to comply with that provision for
that state fiscal year.
(d)iiIf federal funds are withheld for a school year due to noncompliance
with requirements regarding maintenance of state financial support under
20iU.S.C.iSection 1412(a)(18), the commissioner shall use for that school year an
amount of funds described by Subsection (a) equal to the amount of withheld
funds in the same manner and for the same purposes as the withheld funds would
have been provided.
(e)iiAfter the commissioner has replaced any withheld federal funds as
provided by Subsection (d), the commissioner shall distribute the remaining
amount, if any, of funds described by Subsection (a) to proportionately increase
funding for the special education allotment under Section 48.102.
(f)iiIn complying with Subsection (d), the commissioner may implement any
program necessary to ensure the use of funds in accordance with that subsection.
SECTIONi1.044.iiChapter 48, Education Code, as added by this Act, is
amended by adding Subchapter G, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER G. MISCELLANEOUS PROVISIONS
SECTIONi1.045.iiSection 42.4101, Education Code, is transferred to
Subchapter G, Chapter 48, Education Code, as added by this Act, redesignated as
Section 48.301, Education Code, and amended to read as follows:
6042 86th LEGISLATURE — REGULAR SESSION
Sec.i48.301ii[42.4101].iiADDITIONAL ASSISTANCE FOR DISTRICTS
WITH STUDENTS USING PUBLIC EDUCATION GRANTS. (a) A district is
entitled to additional assistance under this section as provided by Section
29.203(c).
(b)iiThe amount of additional assistance under this section is computed by
subtracting the number of students residing in the district and using public
education grants to attend school in another district for the year in which the
assistance is granted from the number of students using public education grants to
attend school in the district for that year and multiplying the difference by $266.
[(c)iiIf a district to which this section applies is entitled to the maximum
amount of assistance under Section 42.406, the maximum is increased by the
amount of additional assistance to which the district is entitled under this section.]
SECTIONi1.046.iiSubchapter G, Chapter 48, Education Code, as added by
this Act, is amended by adding Section 48.302 to read as follows:
Sec.i48.302.iiSUBSIDY FOR HIGH SCHOOL EQUIVALENCY
EXAMINATION FOR CERTAIN INDIVIDUALS. (a) In this section,
"commission" means the Texas Workforce Commission.
(b)iiThe agency shall enter into a memorandum of understanding with the
commission for the agency to transfer to the commission funds specifically
appropriated to the agency 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.
(c)iiThe commission shall adopt rules to implement the subsidy program
described by Subsection (b), including rules regarding eligibility requirements.
SECTIONi1.047.iiSubtitle I, Title 2, Education Code, is amended by adding
Chapter 49, and a heading is added to that chapter to read as follows:
CHAPTER 49. OPTIONS FOR LOCAL REVENUE LEVELS IN EXCESS OF
ENTITLEMENT
SECTIONi1.048.iiChapter 49, Education Code, as added by this Act, is
amended by adding Subchapter A, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTIONi1.049.iiSections 41.001, 41.003, 41.0031, 41.004, 41.005,
41.006, 41.007, 41.008, 41.009, 41.010, 41.011, 41.012, and 41.013, Education
Code, are transferred to Subchapter A, Chapter 49, Education Code, as added by
this Act, redesignated as Sections 49.001, 49.002, 49.003, 49.004, 49.005,
49.006, 49.007, 49.008, 49.009, 49.010, 49.011, 49.012, and 49.013, Education
Code, and amended to read as follows:
Sec.i49.001ii[41.001].iiDEFINITIONS. In this chapter:
(1)ii"Local revenue [Equalized wealth] level in excess of entitlement"
means local revenue levels that exceed the levels [the wealth per student]
provided by Section 48.257 [41.002].
(2)ii["Wealth per student" means the taxable value of property, as
determined under Subchapter M, Chapter 403, Government Code, divided by the
number of students in weighted average daily attendance.
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[(3)]ii"Weighted average daily attendance" has the meaning assigned by
Section 48.202 [42.302].
Sec.i49.002ii[41.003].iiOPTIONS TO REDUCE LOCAL REVENUE
[ACHIEVE EQUALIZED WEALTH] LEVEL. A district with a local revenue
level in excess of entitlement [wealth per student that exceeds the equalized
wealth level] may take any combination of the following actions to reduce the
district ’s revenue level [achieve the equalized wealth level]:
(1)iiconsolidation with another district as provided by Subchapter B;
(2)iidetachment of territory as provided by Subchapter C;
(3)iipurchase of average daily attendance credit as provided by
Subchapter D;
(4)iieducation of nonresident students as provided by Subchapter E; or
(5)iitax base consolidation with another district as provided by
Subchapter F.
Sec.i49.003ii[41.0031].iiINCLUSION OF ATTENDANCE CREDIT
[CREDITS] AND NONRESIDENTS IN WEIGHTED AVERAGE DAILY
ATTENDANCE. In determining whether a school district has a local revenue
[wealth per student less than or equal to the equalized wealth] level in excess of
entitlement, the commissioner shall use:
(1)iithe district ’s final weighted average daily attendance; and
(2)iithe amount [number] of attendance credit [credits] a district
purchases under Subchapter D or the number of nonresident students a district
educates under Subchapter E for a school year.
Sec.i49.004ii[41.004].iiANNUAL REVIEW OF LOCAL REVENUES
[PROPERTY WEALTH]. (a) Not later than July 15 of each year, using the
estimates [estimate] of enrollment and taxable property value under Section
48.269i[42.254], the commissioner shall review the local revenue level [wealth
per student] of school districts in the state and shall notify:
(1)iieach district with a local revenue level in excess of entitlement
[wealth per student exceeding the equalized wealth level];
(2)iieach district to which the commissioner proposes to annex property
detached from a district notified under Subdivision (1), if necessary, under
Subchapter G; and
(3)iieach district to which the commissioner proposes to consolidate a
district notified under Subdivision (1), if necessary, under Subchapter H.
(b)iiIf, before the dates provided by this subsection, a district notified under
Subsection (a)(1) has not successfully exercised one or more options under
Section 49.002 [41.003] that reduce the district ’s local revenue level [wealth per
student] to a level equal to or less than the [equalized wealth] level established
under Section 48.257, the commissioner shall order the detachment of property
from that district as provided by Subchapter G. If that detachment will not reduce
the district ’s local revenue level [wealth per student] to a level equal to or less
than the [equalized wealth] level established under Section 48.257, the
commissioner may not detach property under Subchapter G but shall order the
consolidation of the district with one or more other districts as provided by
Subchapter H. An agreement under Section 49.002(1) [41.003(1)] or (2) must be
6044 86th LEGISLATURE — REGULAR SESSION
executed not later than September 1 immediately following the notice under
Subsection (a). An election for an option under Section 49.002(3) [41.003(3)],
(4), or (5) must be ordered before September 1 immediately following the notice
under Subsection (a).
(c)iiA district notified under Subsection (a) may not adopt a tax rate for the
tax year in which the district receives the notice until the commissioner certifies
that the district has reduced the district ’s local revenue level in excess of
entitlement to the [achieved the equalized wealth] level established under Section
48.257.
(d)iiA detachment and annexation or consolidation under this chapter:
(1)iiis effective for Foundation School Program funding purposes for
the school year that begins in the calendar year in which the detachment and
annexation or consolidation is agreed to or ordered; and
(2)iiapplies to the ad valorem taxation of property beginning with the
tax year in which the agreement or order is effective.
Sec.i49.005ii[41.005].iiCOMPTROLLER AND APPRAISAL DISTRICT
COOPERATION. The chief appraiser of each appraisal district and the
comptroller shall cooperate with the commissioner and school districts in
implementing this chapter.
Sec.i49.006ii[41.006].iiRULES. (a) The commissioner may adopt rules
necessary for the implementation of this chapter. The rules may provide for the
commissioner to make necessary adjustments to the provisions of Chapter 48
[42], including providing for the commissioner to make an adjustment in the
funding element established by Section 48.202 [42.302], at the earliest date
practicable, to the amount the commissioner believes, taking into consideration
options exercised by school districts under this chapter and estimates of student
enrollments, will match appropriation levels.
(b)iiAs necessary for the effective and efficient administration of this
chapter, the commissioner may modify effective dates and time periods for
actions described by this chapter.
Sec.i49.007ii[41.007].iiCOMMISSIONER TO APPROVE SUBSEQUENT
BOUNDARY CHANGES. A school district that is involved in an action under
this chapter that results in boundary changes to the district or in the consolidation
of tax bases is subject to consolidation, detachment, or annexation under Chapter
13 only if the commissioner certifies that the change under Chapter 13 will not
result in a district with a local revenue [wealth per student that exceeds the
equalized wealth] level in excess of entitlement.
Sec.i49.008ii[41.008].iiHOMESTEAD EXEMPTIONS. (a) The governing
board of a school district that results from consolidation under this chapter,
including a consolidated taxing district under Subchapter F, for the tax year in
which the consolidation occurs may determine whether to adopt a homestead
exemption provided by Section 11.13, Tax Code, and may set the amount of the
exemption, if adopted, at any time before the school district adopts a tax rate for
that tax year. This section applies only to an exemption that the governing board
of a school district is authorized to adopt or change in amount under Section
11.13, Tax Code.
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(b)iiThis section prevails over any inconsistent provision of Section 11.13,
Tax Code, or other law.
Sec.i49.009i[41.009].iiTAX ABATEMENTS. (a) A tax abatement
agreement executed by a school district that is involved in consolidation or in
detachment and annexation of territory under this chapter is not affected and
applies to the taxation of the property covered by the agreement as if executed by
the district within which the property is included.
(b)iiThe commissioner shall determine the local revenue [wealth per student]
of a school district under this chapter as if any tax abatement agreement executed
by a school district on or after May 31, 1993, had not been executed.
Sec.i49.010i[41.010].iiTAX INCREMENT OBLIGATIONS. The payment
of tax increments under Chapter 311, Tax Code, is not affected by the
consolidation of territory or tax bases or by annexation under this chapter. In each
tax year a school district paying a tax increment from taxes on property over
which the district has assumed taxing power is entitled to retain the same
percentage of the tax increment from that property that the district in which the
property was located before the consolidation or annexation could have retained
for the respective tax year.
Sec.i49.011i[41.011].iiCONTINGENCY. (a) If any of the options described
by Section 49.002 [41.003] as applied to a school district are held invalid by a
final decision of a court of competent jurisdiction, a school district is entitled to
exercise any of the remaining valid options in accordance with a schedule
approved by the commissioner.
(b)iiIf a final order of a court of competent jurisdiction should hold each of
the options provided by Section 49.002 [41.003] invalid, the commissioner shall
act under Subchapter G or H to reduce the local revenue [achieve the equalized
wealth] level in excess of entitlement only after notice and hearing is afforded to
each school district affected by the order. The commissioner shall adopt a plan
that least disrupts the affected school districts. If because the exigency to adopt a
plan prevents the commissioner from giving a reasonable time for notice and
hearing, the commissioner shall timely give notice to and hold a hearing for the
affected school districts, but in no event less than 30 days from time of notice to
the date of hearing.
(c)iiIf a final order of a court of competent jurisdiction should hold an option
provided by Section 49.002 [41.003] invalid and order a refund to a district of
any amounts paid by a district choosing that option, the amount shall be refunded
but held in reserve and not expended by the district until released by order of the
commissioner. The commissioner shall order the release immediately on the
commissioner ’s determination that, through one of the means provided by law,
the district has reduced the district ’s local revenue level in excess of entitlement
to the [achieved the equalized wealth] level established under Section 48.257.
The amount released shall be deducted from any state aid payable to the district
according to a schedule adopted by the commissioner.
6046 86th LEGISLATURE — REGULAR SESSION
Sec.i49.012i[41.012].iiDATE OF ELECTIONS. An election under this
chapter for voter approval of an agreement entered by the board of trustees shall
be held on a Tuesday or Saturday not more than 45idays after the date of the
agreement. Section 41.001, Election Code, does not apply to the election.
Sec.i49.013i[41.013].iiPROCEDURE. (a) Except as provided by Subchapter
G, a decision of the commissioner under this chapter is appealable under Section
7.057.
(b)iiAny order of the commissioner issued under this chapter shall be given
immediate effect and may not be stayed or enjoined pending any appeal.
(c)iiChapter 2001, Government Code, does not apply to a decision of the
commissioner under this chapter.
(d)iiOn the request of the commissioner, the secretary of state shall publish
any rules adopted under this chapter in the Texas Register and the Texas
Administrative Code.
SECTIONi1.050.iiSubchapter B, Chapter 41, Education Code, is transferred
to Chapter 49, Education Code, as added by this Act, redesignated as Subchapter
B, Chapter 49, Education Code, and amended to read as follows:
SUBCHAPTER B. CONSOLIDATION BY AGREEMENT
Sec.i49.051i[41.031].iiAGREEMENT. The governing boards of any two or
more school districts may consolidate the districts by agreement in accordance
with this subchapter to establish a consolidated district with a local revenue level
[wealth per student] equal to or less than the [equalized wealth] level established
under Section 48.257. The agreement is not effective unless the commissioner
certifies that the consolidated district, as a result of actions taken under this
chapter, will have a local revenue level [wealth per student] equal to or less than
the [equalized wealth] level established under Section 48.257.
Sec.i49.052i[41.032].iiGOVERNING LAW. Except to the extent modified
by the terms of the agreement, the consolidated district is governed by the
applicable provisions of Subchapter D, Chapter 13, other than a provision
requiring consolidating districts to be contiguous. The agreement may not be
inconsistent with the requirements of this subchapter.
Sec.i49.053i[41.033].iiGOVERNANCE PLAN. (a) The agreement among
the consolidating districts may include a governance plan designed to preserve
community-based and site-based decision making within the consolidated district,
including the delegation of specific powers of the governing board of the district
other than the power to levy taxes, including a provision authorized by Section
13.158(b).
(b)iiThe governance plan may provide for a transitional board of trustees
during the first year after consolidation, but beginning with the next year the
board of trustees must be elected from within the boundaries of the consolidated
district. If the consolidating districts elect trustees from single-member districts,
the consolidated district must adopt a plan to elect its board of trustees from
single-member districts.
Sec.i49.054i[41.034].iiINCENTIVE AID. (a) For the first and second school
years after creation of a consolidated district under this subchapter, the
commissioner shall adjust allotments to the consolidated district to the extent
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necessary to preserve the effects of an adjustment under Section 48.052i[42.102,
42.103, or 42.105] to which either of the consolidating districts would have been
entitled but for the consolidation.
(b)iiExcept as provided by Subsection (c), a district receiving incentive aid
payments under this section is not entitled to incentive aid under Subchapter G,
Chapter 13.
(c)iiFour or more districts that consolidate into one district under this
subchapter within a period of one year may elect to receive incentive aid under
this section or to receive incentive aid for not more than five years under
Subchapter G, Chapter 13. Incentive aid under this subsection may not provide
the consolidated district with more revenue in state and local funds than the
district would receive at the [equalized wealth] level established under Section
48.257.
SECTIONi1.051.iiSubchapter C, Chapter 41, Education Code, is transferred
to Chapter 49, Education Code, as added by this Act, redesignated as Subchapter
C, Chapter 49, Education Code, and amended to read as follows:
SUBCHAPTER C. DETACHMENT AND ANNEXATION BY AGREEMENT
Sec.i49.101i[41.061].iiAGREEMENT. (a) By agreement of the governing
boards of two school districts, territory may be detached from one of the districts
and annexed to the other district if, after the action:
(1)iithe local revenue level [wealth per student] of the district from
which territory is detached is equal to or less than the [equalized wealth] level
established under Section 48.257; and
(2)iithe local revenue level [wealth per student] of the district to which
territory is annexed is not greater than the dollar amount guaranteed level of
[greatest level for which] funds [are] provided under Section 48.202(a-1)(2)
[Subchapter F, Chapter 42].
(b)iiThe agreement is not effective unless the commissioner certifies that,
after all actions taken under this chapter, the local revenue level [wealth per
student] of each district involved will be equal to or less than the applicable level
permitted by Subsection (a).
Sec.i49.102i[41.062].iiGOVERNING LAW. Except to the extent of any
conflict with this chapter and except for any requirement that detached property
must be annexed to a school district that is contiguous to the detached territory,
the annexation and detachment is governed by Chapter 13.
Sec.i49.103i[41.063].iiALLOCATION OF APPRAISED VALUE OF
DIVIDED UNIT. If portions of a parcel or other item of property are located in
different school districts as a result of a detachment and annexation under this
subchapter, the parcel or other item of property shall be appraised for taxation as
a unit, and the agreement shall allocate the taxable value of the property between
the districts.
Sec.i49.104i[41.064].iiALLOCATION OF INDEBTEDNESS. The
annexation agreement may allocate to the receiving district any portion of the
indebtedness of the district from which the territory is detached, and the receiving
district assumes and is liable for the allocated indebtedness.
6048 86th LEGISLATURE — REGULAR SESSION
Sec.i49.105i[41.065].iiNOTICE. As soon as practicable after the agreement
is executed, the districts involved shall notify each affected property owner and
the appraisal district in which the affected property is located.
SECTIONi1.052.iiChapter 49, Education Code, as added by this Act, is
amended by adding Subchapter D, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER D. PURCHASE OF ATTENDANCE CREDIT
SECTIONi1.053.iiSections 41.091, 41.092, 41.093, 41.094, 41.095, 41.096,
41.097, and 41.099, Education Code, are transferred to Subchapter D, Chapter
49, Education Code, as added by this Act, redesignated as Sections 49.151,
49.152, 49.153, 49.154, 49.155, 49.156, 49.157, and 49.158, Education Code,
and amended to read as follows:
Sec.i49.151i[41.091].iiAGREEMENT. A school district with a local revenue
[wealth per student that exceeds the equalized wealth] level in excess of
entitlement may execute an agreement with the commissioner to purchase
attendance credit [credits] in an amount sufficient, in combination with any other
actions taken under this chapter, to reduce the district ’s local revenue level
[wealth per student] to a level that is equal to or less than the [equalized wealth]
level established under Section 48.257.
Sec.i49.152i[41.092].iiCREDIT. The amount of [(a) For each] credit
purchased decreases the dollar amount of a district ’s local revenue level[, the
weighted average daily attendance of the purchasing school district is increased
by one student in weighted average daily attendance] for purposes of determining
whether the district exceeds the [equalized wealth] level established under
Section 48.257.
[(b)iiA credit is not used in determining a school district ’s scholastic
population, average daily attendance, or weighted average daily attendance for
purposes of Chapter 42 or 43.]
Sec.i49.153i[41.093].iiCOST. (a) The total [Subject to Subsection (b-1), the]
cost of [each] credit is the [an] amount [equal to the greater of:
[(1)iithe amount] of the district ’s maintenance and operations tax
revenue that exceeds the level established under Section 48.257 [per student in
weighted average daily attendance for the school year for which the contract is
executed; or
[(2)iithe amount of the statewide district average of maintenance and
operations tax revenue per student in weighted average daily attendance for the
school year preceding the school year for which the contract is executed].
(b)iiFor purposes of this section, a school district ’s maintenance and
operations tax revenue does not include any amounts paid into a tax increment
fund under Chapter 311, Tax Code.
[(b-1)iiIf the guaranteed level of state and local funds per weighted student
per cent of tax effort under Section 42.302(a-1)(1) for which state funds are
appropriated for a school year is an amount at least equal to the amount of
revenue per weighted student per cent of tax effort available to the Austin
Independent School District, as determined by the commissioner in cooperation
with the Legislative Budget Board, the commissioner, in computing the amounts
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described by Subsections (a)(1) and (2) and determining the cost of an attendance
credit, shall exclude maintenance and operations tax revenue resulting from the
tax rate described by Section 41.002(a)(2).]
(c)iiThe cost of [an] attendance credit for a school district is computed using
the final tax collections of the district.
Sec.i49.154i[41.094].iiPAYMENT. (a) A school district shall pay for credit
[credits] purchased:
(1)iiin equal monthly payments as determined by the commissioner
beginning February 15 and ending August 15 of the school year for which the
agreement is in effect; or
(2)iiin one payment for the total amount required to be paid by the
district not later than August 15 of the school year for which the agreement is in
effect.
(a-1)iiIf a school district elects to pay for credit purchased in the manner
provided by Subsection (a)(2), the district must notify the commissioner not later
than February 15 of the school year for which the agreement is in effect.
(b)iiReceipts shall be deposited in the state treasury and may be used only
for foundation school program purposes.
Sec.i49.155i[41.095].iiDURATION. An agreement under this section is
valid for one school year and, subject to Section 49.156 [41.096], may be
renewed annually.
Sec.i49.156i[41.096].iiVOTER APPROVAL. (a) After first executing an
agreement under this section, the board of trustees shall order and conduct an
election, in the manner provided by Sections 13.003(d)-(g), to obtain voter
approval of the agreement.
(b)iiThe ballot shall be printed to permit voting for or against the
proposition: "Authorizing the board of trustees of ________ School District to
purchase attendance credit [credits] from the state with local tax revenues."
(c)iiThe proposition is approved if the proposition receives a favorable vote
of a majority of the votes cast. If the proposition is approved, the agreement
executed by the board is ratified, and the board has continuing authority to
execute agreements under this subchapter on behalf of the district without further
voter approval.
Sec.i49.157i[41.097].iiCREDIT FOR APPRAISAL COSTS. [(a)] The total
amount required under Section 49.153 [41.093] for a district to purchase
attendance credit [credits] under this subchapter for any school year is reduced by
an amount equal to the product of the district ’s total costs under Section 6.06, Tax
Code, for the appraisal district or districts in which it participates multiplied by a
percentage that is computed by dividing the total amount required under Section
49.153 [41.093] by the total amount of taxes imposed in the district for that year
less any amounts paid into a tax increment fund under Chapter 311, Tax Code.
[(b)iiA school district is entitled to a reduction under Subsection (a)
beginning with the 1996-1997 school year. For that school year, the reduction to
which a district is entitled is the sum of the amounts computed under Subsection
(a) for the 1993-1994, 1994-1995, 1995-1996, and 1996-1997 school years. If
that amount exceeds the total amount required under Section 41.093 for the
6050 86th LEGISLATURE — REGULAR SESSION
1996-1997 school year, the difference is carried forward and the total amount
required under Section 41.093 is reduced each subsequent school year until the
total amount of the credit has been applied to such reductions.]
Sec.i49.158i[41.099].iiLIMITATION. (a) Sections 49.154iand
49.157i[41.002(e), 41.094, 41.097, and 41.098] apply only to a district that:
(1)iiexecutes an agreement to purchase [all] attendance credit [credits]
necessary to reduce the district ’s local revenue [wealth per student to the
equalized wealth] level to the level established under Section 48.257;
(2)iiexecutes an agreement to purchase attendance credit [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)iiexecutes an agreement under Subchapter E to contract for the
education of nonresident students:
(A)iito an extent that does not provide more than 10 percent of the
reduction in local revenue [wealth per student] required for the district to achieve
a local revenue level [wealth per student] that is equal to or less than the
[equalized wealth] level established under Section 48.257; and
(B)iiunder 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.
(b)iiA district that executes an agreement under Subsection (a)(3) must pay
full market value for any good or service the district obtains through the
consortium.
SECTIONi1.054.iiChapter 49, Education Code, as added by this Act, is
amended by adding Subchapter E, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER E. EDUCATION OF NONRESIDENT STUDENTS
SECTIONi1.055.iiSections 41.121, 41.122, and 41.123, Education Code,
are transferred to Subchapter E, Chapter 49, Education Code, as added by this
Act, redesignated as Sections 49.201, 49.202, and 49.203, Education Code, and
amended to read as follows:
Sec.i49.201i[41.121].iiAGREEMENT. [(a)] The board of trustees of a
district with a local revenue [wealth per student that exceeds the equalized
wealth] level in excess of entitlement may execute an agreement to educate the
students of another district in a number that, when the weighted average daily
attendance of the students served is added to the weighted average daily
attendance of the contracting district, is sufficient, in combination with any other
actions taken under this chapter, to reduce the district ’s local revenue level
[wealth per student] to a level that is equal to or less than the [equalized wealth]
level established under Section 48.257.iiThe agreement is not effective unless the
commissioner certifies that the transfer of weighted average daily attendance will
not result in any of the contracting districts ’ local revenue level [wealth per
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student] being greater than the [equalized wealth] level established under Section
48.257 and that the agreement requires an expenditure per student in weighted
average daily attendance that is at least equal to the amount per student in
weighted average daily attendance required under Section 49.153 [41.093].
Sec.i49.202i[41.122].iiVOTER APPROVAL. (a) After first executing an
agreement under this subchapter other than an agreement under Section
49.205i[41.125], the board of trustees of the district that will be educating
nonresident students shall order and conduct an election, in the manner provided
by Sections 13.003(d)-(g), to obtain voter approval of the agreement.
(b)iiThe ballot shall be printed to permit voting for or against the
proposition: "Authorizing the board of trustees of ________ School District to
educate students of other school districts with local tax revenues."
(c)iiThe proposition is approved if the proposition receives a favorable vote
of a majority of the votes cast. If the proposition is approved, the agreement
executed by the board is ratified, and the board has continuing authority to
execute agreements under this subchapter on behalf of the district without further
voter approval.
Sec.i49.203i[41.123].iiWADA COUNT. For purposes of Chapter 48 [42],
students served under an agreement under this subchapter are counted only in the
weighted average daily attendance of the district providing the services, except
that students served under an agreement authorized by Section 49.205 [41.125]
are counted in a manner determined by the commissioner.
SECTIONi1.056.iiSection 41.124, Education Code, as amended by
Chapters 581 (SBi810) and 705 (HBi3526), Acts of the 85th Legislature, Regular
Session, 2017, is transferred to Subchapter E, Chapter 49, Education Code, as
added by this Act, redesignated as Section 49.204, Education Code, and
reenacted and amended to read as follows:
Sec.i49.204i[41.124].iiTRANSFERS. (a) The board of trustees of a school
district with a local revenue [wealth per student that exceeds the equalized
wealth] level in excess of entitlement may reduce the district ’s local revenue level
[wealth per student] by serving nonresident students who transfer to the district
and are educated by the district but who are not charged tuition. A district that
exercises the option under this subsection is not required to execute an agreement
with the school district in which a transferring student resides and must certify to
the commissioner that the district has not charged or received tuition for the
transferring students.
(b)ii[A school district with a wealth per student that exceeds the equalized
wealth level that pays tuition to another school district for the education of
students that reside in the district may apply the amount of tuition paid toward the
cost of the option chosen by the district to reduce its wealth per student. The
amount applied under this subsection may not exceed the amount determined
under Section 41.093ias the cost of an attendance credit for the district. The
commissioner may require any reports necessary to document the tuition
payments.
6052 86th LEGISLATURE — REGULAR SESSION
[(c)]iiA school district that receives tuition for a student from a school
district with a local revenue [wealth per student that exceeds the equalized
wealth] level in excess of entitlement may not claim attendance for that student
for purposes of Chapters [42iand] 46iand 48iand the instructional materials and
technology allotment under Section 31.0211.
SECTIONi1.057.iiSection 41.125, Education Code, is transferred to
Subchapter E, Chapter 49, Education Code, as added by this Act, redesignated as
Section 49.205, Education Code, and amended to read as follows:
Sec.i49.205i[41.125].iiCAREER AND TECHNOLOGY EDUCATION
PROGRAMS. (a) The board of trustees of a school district with a local revenue
[wealth per student that exceeds the equalized wealth] level in excess of
entitlement may reduce the district ’s local revenue level [wealth per student] by
executing an agreement to provide students of one or more other districts with
career and technology education through a program designated as an area
program for career and technology education.
(b)iiThe agreement is not effective unless the commissioner certifies that:
(1)iiimplementation of the agreement will not result in any of the
affected districts ’ local revenue level [wealth per student] being greater than the
[equalized wealth] level established under Section 48.257; and
(2)iithe agreement requires the district with a local revenue [wealth per
student that exceeds the equalized wealth] level in excess of entitlement to make
expenditures benefiting students from other districts in an amount at least equal to
the amount that would be required for the district to purchase [the number of]
attendance credit [credits] under Subchapter D necessary, in combination with
any other actions taken under this chapter other than an action under this section,
to reduce the district ’s local revenue level [wealth per student] to a level that is
equal to or less than the [equalized wealth] level established under Section
48.257.
SECTIONi1.058.iiSubchapter F, Chapter 41, Education Code, is transferred
to Chapter 49, Education Code, as added by this Act, redesignated as Subchapter
F, Chapter 49, Education Code, and amended to read as follows:
SUBCHAPTER F. TAX BASE CONSOLIDATION
Sec.i49.251i[41.151].iiAGREEMENT. The board of trustees of two or more
school districts may execute an agreement to conduct an election on the creation
of a consolidated taxing district for the maintenance and operation of the
component school districts. The agreement is subject to approval by the
commissioner. The agreement is not effective unless the commissioner certifies
that the consolidated taxing district will have a local revenue level [wealth per
student] equal to or less than the [equalized wealth] level established under
Section 48.257 after all actions taken under this chapter.
Sec.i49.252i[41.152].iiDATE OF ELECTION. Any agreement under this
subchapter must provide for the ordering of an election to be held on the same
date in each district.
Sec.i49.253i[41.153].iiPROPOSITION. (a) The ballot shall be printed to
permit voting for or against the proposition: "Creation of a consolidated taxing
district composed of the territory of _________________________ school
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districts, and authorizing the levy, assessment, and collection of annual ad
valorem taxes for the maintenance of the public free schools within that taxing
district at a rate not to exceed $_________ on the $100 valuation of taxable
property."
(b)iiThe rate to be included in the proposition shall be provided by the
agreement among the districts but may not exceed the maximum rate provided by
law for independent school districts.
Sec.i49.254i[41.154].iiAPPROVAL. The proposition is approved only if the
proposition receives a favorable vote of the majority of the votes cast within each
participating school district.
Sec.i49.255i[41.155].iiCONSOLIDATED TAXING DISTRICT. A
consolidated taxing district is a school district established for the limited purpose
of exercising the taxing power authorized by Section 3, Article VII, Texas
Constitution, and distributing the revenue to its component school districts.
Sec.i49.256i[41.156].iiGOVERNANCE. (a) The consolidated taxing district
is governed by the boards of the component school districts acting jointly.
(b)iiAny action taken by the joint board must receive a favorable vote of a
majority of each component district ’s board of trustees.
Sec.i49.257i[41.157].iiMAINTENANCE TAX. (a) The joint board shall
levy a maintenance tax for the benefit of the component school districts not later
than September 1 of each year or as soon thereafter as practicable.
(b)iiEach component district shall bear a share of the costs of assessing and
collecting taxes in proportion to the component district ’s share of weighted
average daily attendance in the consolidated taxing district.
(c)iiA component district may not levy an ad valorem tax for the
maintenance and operation of the schools.
(d)iiNotwithstanding Section 45.003, the consolidated taxing district may
levy, assess, and collect a maintenance tax for the benefit of the component
districts at a rate that exceeds $1.50 per $100 valuation of taxable property to the
extent necessary to pay contracted obligations on the lease purchase of permanent
improvements to real property entered into on or before May 12, 1993. The
proposition to impose taxes at the necessary rate must be submitted to the voters
in the manner provided by Section 45.003.
Sec.i49.258i[41.158].iiREVENUE DISTRIBUTION. The consolidated
taxing district shall distribute maintenance tax revenue to the component districts
on the basis of the number of students in weighted average daily attendance in the
component districts.
Sec.i49.259i[41.159].iiTAXES OF COMPONENT DISTRICTS. (a) The
governing board of a component school district of a consolidated taxing district
that has consolidated for maintenance and operation purposes only may issue
bonds and levy, pledge, and collect ad valorem taxes within that component
district sufficient to pay the principal of and interest on those bonds as provided
by Chapter 45.
6054 86th LEGISLATURE — REGULAR SESSION
(b)iiA component district levying an ad valorem tax under this section or
Section 49.260(b)(1) [41.160(b)(1)] is entitled to the guaranteed yield provided
by Subchapter E [F], Chapter 48 [42], for that portion of its tax rate that, when
added to the maintenance tax levied by the consolidated taxing unit, does not
exceed the limitation provided by Section 48.203 [42.303].
S e c . i 4 9 . 2 6 0 i [ 4 1 . 1 6 0 ] . i i O P T I O N A L T O TA L TA X B A S E
CONSOLIDATION. (a) An agreement executed under Section 49.251 [41.151]
may provide for total tax base consolidation instead of consolidation for
maintenance and operation purposes only.
(b)iiUnder an agreement providing for total tax base consolidation:
(1)iithe component districts may not levy maintenance or bond taxes,
except to the extent necessary to retire bonds and other obligations issued before
the effective date of the consolidation;
(2)iithe joint board may issue bonds and levy, pledge, and collect ad
valorem taxes sufficient to pay the principal of and interest on those bonds, and
issue refunding bonds, as provided by Chapter 45ifor independent school
districts; and
(3)iito the end of the ballot proposition required under Section 49.253(a)
[41.153(a)] shall be added ", and further to create a consolidated tax base for the
repayment of all bonded indebtedness issued by the joint board of the taxing
district after the effective date of the consolidation and to authorize the joint
board to levy, pledge, and collect ad valorem taxes at a rate sufficient to pay the
principal of and interest on those bonds."
(c)iiUnder an agreement providing for total tax base consolidation:
(1)iithe component districts may provide for the consolidated taxing
district to assume all of the indebtedness of all component districts; and
(2)iito the end of the ballot proposition required by Section 49.253(a)
[41.153(a)] shall be added ", and further to create a consolidated tax base for the
repayment of all bonded indebtedness issued by the joint board of the taxing
district or previously issued by the component school districts and to authorize
the joint board to levy, pledge, and collect ad valorem taxes at a rate sufficient to
pay the principal of and interest on those bonds."
SECTIONi1.059.iiSubchapter G, Chapter 41, Education Code, is transferred
to Chapter 49, Education Code, as added by this Act, redesignated as Subchapter
G, Chapter 49, Education Code, and amended to read as follows:
SUBCHAPTER G. DETACHMENT AND ANNEXATION BY
COMMISSIONER
Sec.i49.301ii[41.201].iiDEFINITION. In this subchapter, "mineral property"
means a real property mineral interest that has been severed from the surface
estate by a mineral lease creating a determinable fee or by a conveyance that
creates an interest taxable separately from the surface estate. A mineral property
includes each royalty interest, working interest, or other undivided interest in the
mineral property.
Sec.i49.302ii[41.202].iiDETERMINATION OF TAXABLE VALUE. (a)
For purposes of this subchapter, the taxable value of an individual parcel or other
item of property and the total taxable value of property in a school district
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resulting from the detachment of property from or annexation of property to that
district is determined by applying the appraisal ratio for the appropriate category
of property determined under Subchapter M, Chapter 403, Government Code, for
the preceding tax year to the taxable value of the detached or annexed property
determined under Title 1, Tax Code, for the preceding tax year.
(b)iiFor purposes of this subchapter, the taxable value of all or a portion of a
parcel or item of real property includes the taxable value of personal property
having taxable situs at the same location as the real property.
Sec.i49.303ii[41.203].iiPROPERTY SUBJECT TO DETACHMENT AND
ANNEXATION. (a) Only the following property may be detached and annexed
under this subchapter:
(1)iia mineral property;
(2)iireal property used in the operation of a public utility, including a
pipeline, pipeline gathering system, or railroad or other rail system; and
(3)iireal property used primarily for industrial or other commercial
purposes, other than property used primarily for agriculture or for residential
purposes.
(b)iiIf a final judgment of a court determines that a mineral interest may not
be annexed and detached as provided by this subchapter without an attendant
annexation and detachment of the surface estate or any other interest in the same
land, the detachment and annexation of a mineral interest under this subchapter
includes the surface estate and each other interest in the land covered by the
mineral interest.
Sec.i49.304ii[41.204].iiTAXATION OF PERSONAL PROPERTY. Personal
property having a taxable situs at the same location as real property detached and
annexed under this subchapter is taxable by the school district to which the real
property is annexed.
Sec.i49.305ii[41.205].iiDETACHMENT OF PROPERTY. (a) The
commissioner shall detach property under this section from each school district
from which the commissioner is required under Section 49.004 [41.004] to
detach property under this subchapter.
(b)iiThe commissioner shall detach from each school district covered by
Subsection (a) one or more whole parcels or items of property in descending
order of the taxable value of each parcel or item, beginning with the parcel or
item having the greatest taxable value, until the school district ’s local revenue
level [wealth per student] is equal to or less than the [equalized wealth] level
established under Section 48.257, except as otherwise provided by Subsection
(c).
(c)iiIf the detachment of whole parcels or items of property [,] as provided
by Subsection (a) would result in a district ’s local revenue level [wealth per
student] that is less than the [equalized wealth] level established under Section
48.257 by more than the product of $10,000imultiplied by weighted average
daily attendance, the commissioner may not detach the last parcel or item of
property and shall detach the next one or more parcels or items of property in
descending order of taxable value that would result in the school district having a
6056 86th LEGISLATURE — REGULAR SESSION
local revenue level [wealth per student] that is equal to or less than the [equalized
wealth] level established under Section 48.257 by not more than the product of
$10,000imultiplied by weighted average daily attendance.
(d)iiNotwithstanding Subsections (a), (b), and (c), the commissioner may
detach only a portion of a parcel or item of property if:
(1)iiit is not possible under this subchapter to reduce the district ’s local
revenue level [wealth per student] to a level that is equal to or less than the
[equalized wealth] level established under Section 48.257 [this subchapter] unless
some or all of the parcel or item of property is detached and the detachment of the
whole parcel or item would result in the district from which it is detached having
a local revenue level [wealth per student] that is less than the [equalized wealth]
level established under Section 48.257 by more than the product of
$10,000imultiplied by weighted average daily attendance; or
(2)iithe commissioner determines that a partial detachment of that parcel
or item of property is preferable to the detachment of one or more other parcels or
items having a lower taxable value in order to minimize the number of parcels or
items of property to be detached consistent with the purposes of this chapter.
Sec.i49.306ii[41.206].iiANNEXATION OF PROPERTY. (a) The
commissioner shall annex property detached under Section 49.305 [41.205] to
school districts eligible for annexation in accordance with this section. A school
district is eligible for annexation of property to it under this subchapter only if,
before any detachments or annexations are made in a year, the district ’s taxable
value of property does not exceed the value necessary to generate maintenance
and operations tax revenue in the amount equal to the district ’s entitlement under
Section 48.202(a-1)(2) [wealth per student is less than the greatest level for which
funds are provided under Subchapter F, Chapter 42].
(b)iiProperty may be annexed to a school district without regard to whether
the property is contiguous to other property in that district.
(c)iiThe commissioner shall annex property detached from school districts
beginning with the property detached from the school district with the greatest
local revenue level in excess of entitlement [wealth per student] before
detachment, and continuing with the property detached from each other school
district in descending order of the district ’s local revenue level in excess of
entitlement [wealth per student] before detachment.
(d)iiThe commissioner shall annex the parcels or items of property detached
from a school district to other school districts that are eligible for annexation of
property in descending order of the taxable value of each parcel or item according
to the following priorities:
(1)iifirst, to the eligible school districts assigned to the same county as
the school district from which the property is detached whose total adopted tax
rate for the preceding tax year does not exceed by more than $0.15 the total tax
rate adopted for that year by the school district from which the property is
detached;
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(2)iisecond, to the eligible school districts served by the same regional
education service center as the district from which the property is detached whose
total adopted tax rate for the preceding tax year does not exceed by more than
$0.10ithe total tax rate adopted for that year by the school district from which the
property is detached; and
(3)iithird, to other eligible school districts whose total adopted tax rate
for the preceding tax year does not exceed by more than $0.05 the total tax rate
adopted for that year by the school district from which the property is detached.
(e)iiIf the districts identified by Subsection (d) for a school district are
insufficient to annex all the property detached from the school district, the
commissioner shall increase, for purposes of this section, all the maximum
difference in tax rates allowed under Subsection (d) in increments of $0.01 until
the districts are identified that are sufficient to annex all the property detached
from the district.
(f)iiIf only one school district is eligible to annex property detached from a
school district within a priority group established by Subsections (d) and (e), the
commissioner shall annex property to that district until it reaches the taxable
value of property necessary to generate maintenance and operations tax revenue
in the amount equal to the district ’s entitlement under Section 48.202(a-1)(2) [a
wealth per student equal as nearly as possible to the greatest level for which funds
are provided under Subchapter F, Chapter 42], by annexing whole parcels or
items of property. Any remaining detached property shall be annexed to eligible
school districts in the next priority group as provided by this section.
(g)iiIf more than one school district is eligible to annex property detached
from a school district within a priority group established by Subsections (d) and
(e), the commissioner shall first annex property to the district within the priority
group to which could be annexed the most taxable value of property without
increasing the district ’s taxable value of property to an amount that exceeds the
amount necessary to generate maintenance and operations tax revenue in the
amount equal to the district s’ entitlement under Section 48.202(a-1)(2) [its wealth
per student above the greatest level for which funds are provided under
Subchapter F, Chapter 42], until that district reaches a taxable value of property
necessary to generate maintenance and operations tax revenue in the amount
equal to the district ’s entitlement under Section 48.202(a-1)(2) [wealth per
student equal as nearly as possible to the greatest level for which funds are
provided under Subchapter F, Chapter 42], by annexing whole parcels or items of
property. Then any additional detached property shall be annexed in the same
manner to other eligible school districts in the same priority group in descending
order of capacity to receive taxable value of annexed property without increasing
the district ’s taxable value of property to an amount that exceeds the amount
necessary to generate maintenance and operations tax revenue in the amount
equal to the district ’s entitlement under Section 48.202(a-1)(2) [wealth per
student above the greatest level for which funds are provided under Subchapter F,
Chapter 42]. If every school district in a priority group reaches a taxable value of
property necessary to generate maintenance and operations tax revenue in the
amount equal to the district ’s entitlement under Section 48.202(a-1)(2) [wealth
6058 86th LEGISLATURE — REGULAR SESSION
per student equal to the greatest level for which funds are provided under
Subchapter F, Chapter 42], as nearly as possible, the remaining detached property
shall be annexed to school districts in the next priority group in the manner
provided by this section.
(h)iiFor purposes of this section, a portion of a parcel or item of property
detached in that subdivided form from a school district is treated as a whole
parcel or item of property.
(i)iiThe commissioner may order the annexation of a portion of a parcel or
item of property, including a portion of property treated as a whole parcel or item
under Subsection (h), if:
(1)iithe annexation of the whole parcel or item would result in the
district eligible to receive it in the appropriate priority order provided by this
section having a local revenue level [wealth per student] greater than the amount
by which the product of $10,000imultiplied by weighted average daily attendance
exceeds the taxable value of property necessary to generate maintenance and
operations tax revenue in the amount equal to the district ’s entitlement under
Section 48.202(a-1)(2) [more than the greatest level for which funds are provided
under Subchapter F, Chapter 42]; or
(2)iithe commissioner determines that annexation of portions of the
parcel or item would reduce disparities in district taxable values of property
necessary to generate maintenance and operations tax revenue in the amount
equal to a district ’s entitlement under Section 48.202(a-1)(2) [wealth per student]
more efficiently than would be possible if the parcel or item were annexed as a
whole.
(j)iiThe commissioner may modify the priorities established by this section
as the commissioner considers reasonable to minimize or reduce the number of
school districts to which the property detached from a school district is annexed,
to minimize or reduce the geographic dispersal of property in a school district, to
minimize or reduce disparities in school district taxable values of property
necessary to generate maintenance and operations tax revenue in the amount
equal to a district ’s entitlement under Section 48.202(a-1)(2) [wealth per student]
that would otherwise result, or to minimize or reduce any administrative burden
or expense.
(k)iiFor purposes of this section, a school district is assigned to a county if
the school district is assigned to that county in the 1992-1993 Texas School
Directory published by the Central Education Agency.
Sec.i49.307ii[41.207].iiLIMITATIONS ON DETACHMENT AND
ANNEXATION. The commissioner may detach and annex property under this
subchapter only if:
(1)iithe property is not exempt from ad valorem taxation under Section
11.20 or 11.21, Tax Code; and
(2)iithe property does not contain a building or structure owned by the
United States, this state, or a political subdivision of this state that is exempt from
ad valorem taxation under law.
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Sec.i49.308ii[41.208].iiORDERS AND NOTICE. (a) The commissioner
shall order any detachments and annexations of property under this subchapter
not later than November 8 of each year.
(b)iiAs soon as practicable after issuing the order under Subsection (a), the
commissioner shall notify each affected school district and the appraisal district
in which the affected property is located of the determination.
Sec.i49.309ii[41.209].iiTREATMENT OF SUBDIVIDED PROPERTY. (a)
If the commissioner orders the detachment or annexation of a portion of a parcel
or item of property under this subchapter, the order shall specify the portion of
the taxable value of the property to be detached or annexed and may, but need
not, describe the specific area of the parcel or item to be detached or annexed.
(b)iiIf an order for the detachment or annexation of a portion of a parcel or
item of property does not describe the specific area of the parcel or item to be
detached or annexed, the commissioner, as soon as practicable after issuing the
order, shall determine the specific area to be detached or annexed and shall certify
that determination to the appraisal district for the county in which the property is
located.
(c)iiIf portions of a parcel or item of property are located in two or more
school districts as the result of a detachment or annexation, the parcel or item
shall be appraised for taxation as a unit, and the commissioner shall determine the
portion of the taxable value of the property that is located in each of those school
districts based on the square footage of the property, or any other reasonable
method adopted by the commissioner.
Sec.i49.310ii[41.210].iiDUTIES OF CHIEF APPRAISER. (a) The chief
appraiser of each appraisal district shall cooperate with the commissioner in
administering this subchapter. The commissioner may require the chief appraiser
to submit any reports or provide any information available to the chief appraiser
in the form and at the times required by the commissioner.
(b)iiAs soon as practicable after the detachment and annexation of property,
the chief appraiser of the appraisal district in which the property is located shall
send a written notice of the detachment and annexation to the owner of any
property taxable in a different school district as a result of the detachment and
annexation. The notice must include the name of the school district by which the
property is taxable after the detachment and annexation.
(c)iiThe commissioner may reimburse an appraisal district for any costs
incurred in administering this subchapter and may condition the reimbursement
or the amount of the reimbursement on the timely submission of reports or
information required by the commissioner or the satisfactory performance of any
other action required or requested by the commissioner.
Sec.i49.311ii[41.211].iiSTUDENT ATTENDANCE. A student who is a
resident of real property detached from a school district may choose to attend
school in that district or in the district to which the property is annexed. For
purposes of determining average daily attendance under Section 48.005 [42.005],
the student shall be counted in the district to which the property is annexed. If the
student chooses to attend school in the district from which the property is
detached, the state shall withhold any foundation school funds from the district to
6060 86th LEGISLATURE — REGULAR SESSION
which the property is annexed and shall allocate to the district in which the
student is attending school those funds and the amount of funds equal to the
difference between the state funds the district is receiving for the student and the
district ’s cost in educating the student.
Sec.i49.312ii[41.212].iiBOND TAXES. Property detached from a school
district is released from the obligation for any tax to pay principal and interest on
bonds authorized by the district before detachment. The property is subject to any
tax to pay principal or interest on bonds authorized by the district to which the
property is annexed whether authorized before or after annexation.
Sec.i49.313ii[41.213].iiDETERMINATION BY COMMISSIONER FINAL.
A decision or determination of the commissioner under this subchapter is final
and not appealable.
SECTIONi1.060.iiSubchapter H, Chapter 41, Education Code, is transferred
to Chapter 49, Education Code, as added by this Act, redesignated as Subchapter
H, Chapter 49, Education Code, and amended to read as follows:
SUBCHAPTER H. CONSOLIDATION BY COMMISSIONER
Sec.i49.351ii[41.251].iiCOMMISSIONER ORDER. If the commissioner is
required under Section 49.004 [41.004] to order the consolidation of districts, the
consolidation is governed by this subchapter. The commissioner ’s order shall be
effective on a date determined by the commissioner, but not later than the earliest
practicable date after November 8.
Sec.i49.352ii[41.252].iiSELECTION CRITERIA. (a) In selecting the
districts to be consolidated with a district that has taxable values of property in an
amount that exceeds the local revenue level established under Section 48.257 [a
property wealth greater than the equalized wealth level], the commissioner shall
select one or more districts [with a wealth per student] that, when consolidated,
will result in a consolidated district with a local revenue level [wealth per student]
equal to or less than the [equalized wealth] level established under Section
48.257. In achieving that result, the commissioner shall give priority to school
districts in the following order:
(1)iifirst, to the contiguous district that has the lowest local revenue
level [wealth per student] and is located in the same county;
(2)iisecond, to the district that has the lowest local revenue level [wealth
per student] and is located in the same county;
(3)iithird, to a contiguous district with a local revenue level [property
wealth] below the [equalized wealth] level established under Section 48.257 that
has requested the commissioner that it be considered in a consolidation plan;
(4)iifourth, to include as few districts as possible that have the lowest
local revenue levels below the [fall below the equalized wealth] level established
under Section 48.257 within the consolidation order that have not requested the
commissioner to be included;
(5)iififth, to the district that has the lowest local revenue level [wealth
per student] and is located in the same regional education service center area; and
(6)iisixth, to a district that has a tax rate similar to that of the district that
has a local revenue level [property wealth] greater than the [equalized wealth]
level established under Section 48.257.
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(b)iiThe commissioner may not select a district that has been created as a
result of consolidation by agreement under Subchapter B to be consolidated
under this subchapter with a district that has a local revenue level [property
wealth] greater than the [equalized wealth] level established under Section
48.257.
(c)iiIn applying the selection criteria specified by Subsection (a), if more
than two districts are to be consolidated, the commissioner shall select the third
and each subsequent district to be consolidated by treating the district that has a
local revenue level [property wealth] greater than the [equalized wealth] level
established under Section 48.257 and the district or districts previously selected
for consolidation as one district.
Sec.i49.353ii[41.253].iiGOVERNANCE. (a) Until the initial trustees elected
as provided by Subsection (b) have qualified and taken office, a district
consolidated under this subchapter is governed by a transitional board of trustees
consisting of the board of trustees of the district having the greatest student
membership on the last day of the school year preceding the consolidation plus
one member of the board of trustees of each other consolidating district selected
by that board.
(b)iiThe transitional board of trustees shall divide the consolidated district
into nine single-member trustee districts in accordance with the procedures
provided by Section 11.052. The transitional board shall order an election for the
initial board of trustees to be held on the first May uniform election date after the
effective date of a consolidation order.
(c)iiMembers of the board of trustees of a consolidated district serve
staggered terms of office for four years.
(d)iiSection 13.156 applies to districts consolidated under this subchapter.
Sec.i49.354ii[41.254].iiDISSOLUTION OF CONSOLIDATED DISTRICT.
(a) If the legislature abolishes ad valorem taxes for public school maintenance
and operations and adopts another method of funding public education, the board
of trustees of a consolidated district created under this subchapter may dissolve
the consolidated district, provided that the dissolution is approved by a majority
of those voters residing within the district participating in an election called for
the purpose of approving the dissolution of the consolidated school district.
(b)iiIf a consolidated district is dissolved, each of the former districts is
restored as a separate district and is classified as an independent district.
(c)iiTitle to real property of the consolidated district is allocated to the
restored district in which the property is located. Title to proportionate shares of
the fund balances and personal property of the consolidated district, as
determined by Subsection (e), are allocated to each restored district.
(d)iiEach of the restored districts assumes and is liable for:
(1)iiindebtedness of the consolidated district that relates to real property
allocated to the district; and
(2)iia proportionate share, as determined by Subsection (e), of
indebtedness of the consolidated district that does not relate to real property.
6062 86th LEGISLATURE — REGULAR SESSION
(e)iiA restored district ’s proportionate share of fund balances, personal
property, or indebtedness is equal to the proportion that the number of students in
average daily attendance in the restored district bears to the number of students in
average daily attendance in the consolidated district.
Sec.i49.355ii[41.255].iiFUND BALANCES. Fund balances of a school
district consolidated under this subchapter may be used only for the benefit of the
schools within the district that generated the funds.
Sec.i49.356ii[41.256].iiEMPLOYMENT CONTRACTS. A consolidated
district created under this subchapter shall honor an employment contract entered
into by a consolidating district.
Sec.i49.357ii[41.257].iiAPPLICATION OF [SMALL AND] SPARSE
ADJUSTMENT [ADJUSTMENTS] AND SMALL AND TRANSPORTATION
ALLOTMENTS [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 48.052i[42.103], 48.101 [42.105], or
48.151 [42.155] would have applied in the event that the consolidated district still
qualifies as a small or sparse district.
SECTIONi1.061.iiSection 403.302(d), Government Code, is amended to
read as follows:
(d)iiFor the purposes of this section, "taxable value" means the market value
of all taxable property less:
(1)iithe total dollar amount of any residence homestead exemptions
lawfully granted under Section 11.13(b) or (c), Tax Code, in the year that is the
subject of the study for each school district;
(2)iione-half of the total dollar amount of any residence homestead
exemptions granted under Section 11.13(n), Tax Code, in the year that is the
subject of the study for each school district;
(3)iithe total dollar amount of any exemptions granted before May 31,
1993, within a reinvestment zone under agreements authorized by Chapter 312,
Tax Code;
(4)iisubject to Subsection (e), the total dollar amount of any captured
appraised value of property that:
(A)iiis within a reinvestment zone created on or before May 31,
1999, or is proposed to be included within the boundaries of a reinvestment zone
as the boundaries of the zone and the proposed portion of tax increment paid into
the tax increment fund by a school district are described in a written notification
provided by the municipality or the board of directors of the zone to the
governing bodies of the other taxing units in the manner provided by former
Section 311.003(e), Tax Code, before May 31, 1999, and within the boundaries
of the zone as those boundaries existed on September 1, 1999, including
subsequent improvements to the property regardless of when made;
(B)iigenerates taxes paid into a tax increment fund created under
Chapter 311, Tax Code, under a reinvestment zone financing plan approved under
Section 311.011(d), Tax Code, on or before September 1, 1999; and
(C)iiis eligible for tax increment financing under Chapter 311, Tax
Code;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6063
(5)iithe total dollar amount of any captured appraised value of property
that:
(A)iiis within a reinvestment zone:
(i)iicreated on or before December 31, 2008, by a municipality
with a population of less than 18,000; and
(ii)iithe project plan for which includes the alteration,
remodeling, repair, or reconstruction of a structure that is included on the
National Register of Historic Places and requires that a portion of the tax
increment of the zone be used for the improvement or construction of related
facilities or for affordable housing;
(B)iigenerates school district taxes that are paid into a tax increment
fund created under Chapter 311, Tax Code; and
(C)iiis eligible for tax increment financing under Chapter 311, Tax
Code;
(6)iithe total dollar amount of any exemptions granted under Section
11.251ior 11.253, Tax Code;
(7)iithe difference between the comptroller ’s estimate of the market
value and the productivity value of land that qualifies for appraisal on the basis of
its productive capacity, except that the productivity value estimated by the
comptroller may not exceed the fair market value of the land;
(8)iithe portion of the appraised value of residence homesteads of
individuals who receive a tax limitation under Section 11.26, Tax Code, on which
school district taxes are not imposed in the year that is the subject of the study,
calculated as if the residence homesteads were appraised at the full value required
by law;
(9)iia portion of the market value of property not otherwise fully taxable
by the district at market value because of[:
[(A)]iiaction required by statute or the constitution of this state,
other than Section 11.311, Tax Code, that, if the tax rate adopted by the district is
applied to it, produces an amount equal to the difference between the tax that the
district would have imposed on the property if the property were fully taxable at
market value and the tax that the district is actually authorized to impose on the
property, if this subsection does not otherwise require that portion to be deducted;
[or
[(B)iiaction taken by the district under Subchapter B or C, Chapter
313, Tax Code, before the expiration of the subchapter;]
(10)iithe market value of all tangible personal property, other than
manufactured homes, owned by a family or individual and not held or used for
the production of income;
(11)iithe appraised value of property the collection of delinquent taxes
on which is deferred under Section 33.06, Tax Code;
(12)iithe portion of the appraised value of property the collection of
delinquent taxes on which is deferred under Section 33.065, Tax Code; and
(13)iithe amount by which the market value of a residence homestead to
which Section 23.23, Tax Code, applies exceeds the appraised value of that
property as calculated under that section.
6064 86th LEGISLATURE — REGULAR SESSION
SECTIONi1.062.iiSections 825.405(a), (b), (e), and (f), Government Code,
are amended to read as follows:
(a)iiAn employing school district or an open-enrollment charter school, as
applicable, shall pay the state ’s contribution on the portion of a member ’s salary
that exceeds the statutory minimum salary for [For] members:
(1)iientitled to the minimum salary for certain school personnel under
Section 21.402, Education Code;
(2)ii[, and for members] who would have been entitled to the minimum
salary for certain school personnel under former Section 16.056, Education Code,
as that section existed on January 1, 1995; and
(3)iiwho would be entitled to the minimum salary for certain school
personnel under Section 21.402, Education Code, if the member was employed
by a school district subject to that section instead of being employed by:
(A)iian open-enrollment charter school; or
(B)iia school district that has adopted a local innovation plan under
Chapter 12A, Education Code, that exempts the district s’ employees from the
minimum salary schedule under that section[, the employing district shall pay the
state ’s contribution on the portion of the member ’s salary that exceeds the
statutory minimum salary].
(b)iiFor purposes of this section,[:
[(1)]iithe statutory minimum salary for a member described by:
(1)iiSubsection (a)(1) [certain school personnel under Section 21.402,
Education Code,] is the salary provided by Section 21.402, Education Code [that
section multiplied by the cost of education adjustment applicable under Section
42.102, Education Code, to the district in which the member is employed]; [and]
(2)iiSubsection (a)(2)i[the statutory minimum salary for members who
would have been entitled to the minimum salary for certain school personnel
under former Section 16.056, Education Code, as that section existed on January
1, 1995,] is a minimum salary computed in the same manner as the minimum
salary for certain school personnel under Section 21.402, Education Code; and
(3)iiSubsection (a)(3) is the minimum salary the member would have
been entitled to if the member was subject to Section 21.402, Education Code[,
multiplied by the cost of education adjustment applicable under Section 42.102,
Education Code, to the district in which the member is employed].
(e)iiAfter the end of each school year, the retirement system shall certify to
the commissioner of education:
(1)iithe names of any employers [employing districts] that have failed to
remit, within the period required by Section 825.408, all contributions required
under this section for the school year; and
(2)iithe amounts of the unpaid contributions.
(f)iiIf the commissioner of education receives a certification under
Subsection (e), the commissioner shall direct the comptroller of public accounts
to withhold the amount certified, plus interest computed at the rate and in the
manner provided by Section 825.408, from the first state money payable to the
employer [school district]. The amount withheld shall be deposited to the credit
of the appropriate accounts of the retirement system.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6065
SECTIONi1.063.iiSection 26.08, Tax Code, is amended by amending
Subsections (a), (b), (i), and (n) and adding Subsections (a-1) and (n-1) to read as
follows:
(a)iiIf the governing body of a school district adopts a tax rate that exceeds
the district ’s rollback tax rate, the registered voters of the district at an election
held for that purpose must determine whether to approve the adopted tax rate.
(a-1)iiWhen increased expenditure of money by a school district is necessary
to respond to a disaster, including a tornado, hurricane, flood, or other calamity,
but not including a drought, that has impacted a school district and the governor
has requested federal disaster assistance for the area in which the school district is
located, an election is not required under this section to approve the tax rate
adopted by the governing body for the year following the year in which the
disaster occurs. A tax rate adopted under this subsection applies only in the year
for which the rate is adopted. If a district adopts a tax rate under this subsection,
the amount by which that rate exceeds the district ’s rollback tax rate for that tax
year may not be considered when calculating the district s’ rollback tax rate for the
tax year following the year in which the district adopts the rate.
(b)iiThe governing body shall order that the election be held in the school
district on the next uniform election [a] date prescribed by [not less than 30 or
more than 90 days after the day on which it adopted the tax rate.] Section 41.001,
Election Code, that occurs after the date of the election order and that allows
sufficient time to comply with the requirements of other law [does not apply to
the election unless a date specified by that section falls within the time permitted
by this section]. At the election, the ballots shall be prepared to permit voting for
or against the proposition: "Ratifying [Approving] the ad valorem tax rate of ___
(insert adopted tax rate) [$_____ per $100 valuation] in (name of school district)
for the current year, a rate that will result in an increase of _____ (insert
percentage increase in maintenance and operations tax revenue under the adopted
tax rate as compared to maintenance and operations tax revenue in the preceding
tax year) percent in maintenance and operations tax revenue for the district for the
current year as compared to the preceding year, which is an additional $____
(insert dollar amount of increase in maintenance and operations tax revenue
under the adopted tax rate as compared to maintenance and operations tax
revenue in the preceding tax year) [is $_____ higher per $100 valuation than the
school district rollback tax rate, for the purpose of (description of purpose of
increase)]." [The ballot proposition must include the adopted tax rate and the
difference between that rate and the rollback tax rate in the appropriate places.]
(i)iiFor purposes of this section, "enrichment tax rate" has the meaning
assigned by Section 45.0032, Education Code [the effective maintenance and
operations tax rate of a school district is the tax rate that, applied to the current
total value for the district, would impose taxes in an amount that, when added to
state funds that would be distributed to the district under Chapter 42, Education
Code, for the school year beginning in the current tax year using that tax rate,
would provide the same amount of state funds distributed under Chapter 42,
Education Code, and maintenance and operations taxes of the district per student
in weighted average daily attendance for that school year that would have been
6066 86th LEGISLATURE — REGULAR SESSION
available to the district in the preceding year if the funding elements for Chapters
41iand 42, Education Code, for the current year had been in effect for the
preceding year].
(n)iiFor purposes of this section, the rollback tax rate of a school district
[whose maintenance and operations tax rate for the 2005itax year was $1.50 or
less per $100 of taxable value] is:
(1)iifor the 2019 [2006] tax year, the sum of the following:
(A)iithe rate [that is equal to 88.67ipercent of the maintenance and
operations tax rate adopted by the district for the 2005 tax year, the rate of $0.04]
per $100iof taxable value that is equal to the product of the state compression
percentage, as determined under Section 48.255, Education Code, for the
2019itax year and $1.00;
(B)iithe greater of:
(i)iithe district ’s maintenance and operations tax rate for the
2018itax year, less the sum of:
(a)ii$1.00; and
(b)iiany amount by which the district is required to reduce
the district ’s enrichment tax rate under Section 48.202(f), Education Code, in the
2019itax year; or
(ii)iithe rate of $0.04 per $100 of taxable value; and
(C)ii[, and] the district ’s current debt rate; and
(2)iifor the 2020 [2007] and subsequent tax years, the sum [lesser] of
the following:
(A)ii[the sum of the following:
[(i)]iithe rate per $100 of taxable value that is equal to the
product of the state compression percentage, as determined under Section
48.255i[42.2516], Education Code, for the current year and $1.00 [$1.50];
(B)iithe greater of:
(i)iithe district s’ enrichment tax rate for the preceding tax year,
less any amount by which the district is required to reduce the district ’s
enrichment tax rate under Section 48.202(f), Education Code, in the current tax
year; or
(ii)iithe rate of $0.05i[$0.04] per $100iof taxable value; and
(C)i[(iii)iithe rate that is equal to the sum of the differences for the
2006iand each subsequent tax year between the adopted tax rate of the district for
that year if the rate was approved at an election under this section and the
rollback tax rate of the district for that year; and
[(iv)]iithe district ’s current debt rate[; or
[(B)iithe sum of the following:
[(i)iithe effective maintenance and operations tax rate of the
district as computed under Subsection (i) or (k), as applicable;
[(ii)iithe rate per $100 of taxable value that is equal to the
product of the state compression percentage, as determined under Section
42.2516, Education Code, for the current year and $0.06; and
[(iii)iithe district ’s current debt rate].
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6067
(n-1)iiFor the 2020 tax year, a school district shall substitute "$0.04" for
"$0.05" in Subsection (n)(2)(B)(ii) if the governing body of the district does not
adopt by unanimous vote for that tax year a maintenance and operations tax rate
at least equal to the sum of the rate described by Subsection (n)(2)(A) and the rate
of $0.05 per $100 of taxable value.
SECTIONi1.064.iiChapter 26, Tax Code, is amended by adding Section
26.151 to read as follows:
Sec.i26.151.iiESCROW ACCOUNT FOR PROPERTY TAXES. (a) In this
section:
(1)ii"Home loan" has the meaning assigned by Section 343.001,
Finance Code.
(2)ii"Home loan servicer" means a person who:
(A)iireceives scheduled payments from a borrower under the terms
of a home loan, including amounts for escrow accounts; and
(B)iimakes the payments of principal and interest to the owner of
the loan or other third party and makes any other payments with respect to the
amounts received from the borrower as may be required under the terms of the
servicing loan document or servicing contract.
(3)ii"Property tax escrow account" means an escrow account maintained
by a lender or loan servicer to hold funds prepaid by the borrower on a loan for
the payment of property taxes on real property securing the loan as the taxes
become due.
(b)iiTo the extent that HBi3, 86th Legislature, Regular Session, 2019, has
the effect of reducing property taxes in this state, a lender or home loan servicer
of a home loan that maintains a property tax escrow account must take into
account the effect of that legislation in establishing the borrower ’s annual
property tax payments to be held in that account and immediately adjust the
borrower ’s monthly payments accordingly.
(c)iiThis section expires September 1, 2023.
SECTIONi1.065.ii(a) This section takes effect only if HBi2, 86th
Legislature, Regular Session, 2019, or another act of that legislature that amends
Chapter 26, Tax Code, to change the term "effective tax rate" to "no-new-revenue
tax rate" becomes law.
(b)iiEffective January 1, 2020, Section 26.08(g), Tax Code, is amended to
read as follows:
(g)iiIn a school district that received distributions from an equalization tax
imposed under former Chapter 18, Education Code, the no-new-revenue tax
[effective] rate of that tax as of the date of the county unit system ’s abolition is
added to the district ’s rollback tax rate.
ARTICLE 1A. PROPERTY TAX COMPRESSION
SECTIONi1A.001.iiEffective September 1, 2020, Section 13.054,
Education Code, is amended by amending Subsection (f) and adding Subsection
(f-1) to read as follows:
(f)iiFor five years beginning with the school year in which the annexation
occurs, a school district shall receive additional funding under this subsection or
Subsection (h). The amount of funding shall be determined by multiplying the
6068 86th LEGISLATURE — REGULAR SESSION
lesser of the enlarged district ’s local fund assignment computed under Section
48.256 [42.252] or the enlarged district s’ total cost of tier one by a fraction, the
numerator of which is the number of students residing in the territory annexed to
the receiving district preceding the date of the annexation and the denominator of
which is the number of students residing in the district as enlarged on the date of
the annexation, and multiplying the resulting product by the quotient of the
enlarged district ’s maximum compressed tax rate, as determined under Section
48.2551, for the current school year divided by the receiving district ’s maximum
compressed tax rate, as determined under Section 48.2551, for the year in which
the annexation occurred.
(f-1)iiNotwithstanding Subsection (f), for an annexation that occurred before
September 1, 2019, for five years beginning with the school year in which the
annexation occurs, a school district shall receive additional funding under this
subsection or Subsection (h). The amount of funding shall be determined by
multiplying the lesser of the enlarged district ’s local fund assignment computed
under Section 48.256ior the enlarged district s’ total cost of tier one by a fraction,
the numerator of which is the number of students residing in the territory annexed
to the receiving district preceding the date of the annexation and the denominator
of which is the number of students residing in the district as enlarged on the date
of the annexation, and dividing the receiving district ’s maximum compressed tax
rate, as determined under Section 48.2551. This subsection expires September 1,
2021.
SECTIONi1A.002.iiEffective September 1, 2020, Section 30.003,
Education Code, is amended by amending Subsection (f-1) and adding
Subsection (f-2) to read as follows:
(f-1)iiThe commissioner shall determine the total amount that the Texas
School for the Blind and Visually Impaired and the Texas School for the Deaf
would have received from school districts in accordance with this section if the
following provisions had not reduced the districts ’share of the cost of providing
education services:
(1)iiHBi1, Acts of the 79th Legislature, 3rd Called Session, 2006;
(2)iiSection 45.0032;
(3)iiSection 48.255; and
(4)iiSection 48.2551.
(f-2)iiThe amount determined under Subsection (f-1), [had not reduced the
districts ’share of the cost of providing education services. That amount,] minus
any amount the schools do receive from school districts, shall be set aside as a
separate account in the foundation school fund and appropriated to those schools
for educational purposes.
SECTIONi1A.003.iiEffective September 1, 2020, Section 45.003(d),
Education Code, is amended to read as follows:
(d)iiA proposition submitted to authorize the levy of maintenance taxes must
include the question of whether the governing board or commissioners court may
levy, assess, and collect annual ad valorem taxes for the further maintenance of
public schools, at a rate not to exceed the rate stated in the proposition. For any
year, the maintenance tax rate per $100 of taxable value adopted by the district
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6069
may not exceed the rate equal to the sum of $0.17 and the district ’s maximum
compressed rate [product of the state compression percentage], as determined
under Section 48.2551 [42.2516, multiplied by $1.50].
SECTIONi1A.004.ii(a) Effective September 1, 2020, Section 45.0032,
Education Code, as added by this Act, is amended by adding Subsection (a) to
read as follows:
(a)iiA school district ’s tier one maintenance and operations tax rate is the
number of cents levied by the district for maintenance and operations that does
not exceed the maximum compressed rate, as determined under Section 48.2551.
(b)iiSection 45.0032(a), Education Code, as added by Article 1 of this Act,
expires on the effective date of this section.
SECTIONi1A.005.iiEffective September 1, 2020, Section 42.101,
Education Code, is transferred to Subchapter B, Chapter 48, Education Code, as
added by this Act, redesignated as Section 48.051, Education Code, and amended
to read as follows:
Sec.i48.051ii[42.101].iiBASIC ALLOTMENT. (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 $6,160 [$4,765] or the amount that results from the following formula:
A = $6,160 [$4,765] X TR/MCR [(DCR/MCR)]
where:
"A" is the allotment to which a district is entitled;
"TR" ["DCR"] is the district ’s tier one maintenance and operations
[compressed] tax rate, as provided by Section 45.0032 [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 district s’ [state] maximum compressed tax rate, as determined
under Section 48.2551 [which is the product of the state compression percentage,
as determined under Section 42.2516, multiplied by $1.50].
[(a-1)iiNotwithstanding Subsection (a), for a school district that adopted a
maintenance and operations tax rate for the 2005 tax year below the maximum
rate permitted by law for that year, the district ’s compressed tax rate ("DCR")
includes the portion of the district ’s current maintenance and operations tax rate
in excess of the first six cents above the district ’s compressed tax rate, as defined
by Subsection (a), until the district ’s compressed tax rate computed in accordance
with this subsection is equal to the state maximum compressed tax rate
("MCR").]
(b)iiA greater amount for any school year may be provided by appropriation.
(c)iiDuring any school year for which the maximum amount of the basic
allotment provided under Subsection (a) or (b) is greater than the maximum
amount provided for the preceding school year, a school district must use at least
30ipercent of the amount, if the amount is greater than zero, that equals the
product of the average daily attendance of the district multiplied by the amount of
6070 86th LEGISLATURE — REGULAR SESSION
the difference between the district ’s funding under this chapter per student in
average daily attendance for the current school year and the preceding school
year to provide compensation increases to full-time district employees other than
administrators as follows:
(1)ii75 percent must be used to increase the compensation paid to
classroom teachers, full-time librarians, full-time school counselors certified
under Subchapter B, Chapter 21, and full-time school nurses, prioritizing
differentiated compensation for classroom teachers with more than five years of
experience; and
(2)ii25 percent may be used as determined by the district to increase
compensation paid to full-time district employees [This subsection applies to a
school district for which the compressed tax rate ("DCR") is determined in
accordance with Subsection (a-1). Any reduction in the district ’s adopted
maintenance and operations tax rate is applied to the following components of the
district ’s tax rate in the order specified:
[(1)iitax effort described by Section 42.302(a-1)(2);
[(2)iitax effort described by Section 42.302(a-1)(1); and
[(3)iitax effort included in the determination of the district ’s compressed
tax rate ("DCR") under Subsection (a-1)].
SECTIONi1A.006.iiEffective September 1, 2020, Section 42.2516,
Education Code, is transferred to Subchapter F, Chapter 48, Education Code, as
added by this Act, redesignated as Section 48.255, Education Code, and amended
to read as follows:
Sec.i48.255i[42.2516].iiSTATE COMPRESSION PERCENTAGE. (a) In
this title, "state compression percentage" means the percentage of the rate of
$1.00 per $100 valuation of taxable property that is used to determine a school
district ’s maximum compressed [adopted maintenance and operations] tax rate
under Section 48.2551.
(b)iiThe [for the 2005 tax year that serves as the basis for state funding. If
the] state compression percentage is the lower of:
(1)ii93 percent, or a lower percentage set [not established] by
appropriation for a school year;
(2)iithe percentage determined by the following formula:
SCP = PYCP X 1.025/(1 + ECPV); or
(3)iithe percentage determined under this section for the preceding
school year.
(c)iiFor purposes of Subsection (b)(2):
(1)ii"SCP" is the state compression percentage;
(2)ii"PYCP" is the state compression percentage for the preceding
school year; and
(3)ii"ECPV" is the estimated percentage change in total taxable property
value for the applicable tax year as determined based on the estimate submitted to
the legislature under Section 48.269. [, the commissioner shall determine the state
compression percentage for each school year based on the percentage by which a
district is able to reduce the district ’s maintenance and operations tax rate for that
year, as compared to the district ’s adopted maintenance and operations tax rate
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6071
for the 2005 tax year, as a result of state funds appropriated for that year from the
property tax relief fund established under Section 403.109, Government Code, or
from another funding source available for school district property tax relief.
[(g)iiThe commissioner may adopt rules necessary to implement this section.
[(h)iiA determination by the commissioner under this section is final and
may not be appealed.]
SECTIONi1A.007.iiEffective September 1, 2020, Subchapter F, Chapter 48,
Education Code, as added by this Act, is amended by adding Sections 48.2551,
48.2552, 48.2553, and 48.2554 to read as follows:
Sec.i48.2551.iiMAXIMUM COMPRESSED TAX RATE. (a) In this section:
(1)ii"DPV" has the meaning assigned by Section 48.256;
(2)ii"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)iiproperty value that is no longer subject to a limitation on
appraised value under Chapter 313, Tax Code; and
(B)iiproperty 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)ii"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)ii"PYDPV" is the district ’s value of "DPV" for the preceding tax
year; and
(5)ii"PYMCR" is the district ’s value of "MCR" for the preceding tax
year.
(b)iiExcept as provided by Subsection (c), a district ’s maximum compressed
rate ("MCR") is the lesser of:
(1)iithe rate determined by the following applicable formula:
(A)iiif "DPV" exceeds "PYDPV" by an amount equal to or greater
than 2.5 percent:
MCR = (1.025((PYDPV+E) X PYMCR))/DPV; or
(B)iiif Paragraph (A) does not apply:
MCR = PYMCR; or
(2)iithe product of the state compression percentage, as determined
under Section 48.255, for the current tax year, multiplied by $1.00.
(c)iiNotwithstanding Subsection (b), for a district to which Section
48.2552(b) applies, the district ’s maximum compressed rate is the value
calculated for "MCR" under Subsection (b)(1)(B).
(c-1)iiFor purposes of determining a district ’s maximum compressed rate
("MCR") under Subsection (b) for the 2020-2021 school year, the value of
"PYMCR" is $1.00. This subsection expires September 1, 2021.
(d)iiThe agency shall calculate and make available school
districts i’maximum compressed rates, as determined under this section.
6072 86th LEGISLATURE — REGULAR SESSION
(e)iiIt is the intent of the legislature that the state continue to fund public
schools at the same or similar level as the state would have if this section had not
taken effect.
Sec.i48.2552.iiLIMITATION ON MAXIMUM COMPRESSED RATE. (a)
Each year, the agency shall evaluate the difference between school
districts i’maximum compressed rates, as determined under Section 48.2551.
(b)iiIf a school district has a maximum compressed rate that is less than
90ipercent of another school district ’s maximum compressed rate, the district ’s
maximum compressed rate is calculated under Section 48.2551(c) until the
agency determines that the difference between the district ’s and another district ’s
maximum compressed rates is not more than 10 percent.
(c)iiThe amount of revenue available to the state as a result of the differences
in the amount of state aid and reduction in local revenue between calculating a
district ’s maximum compressed rate in accordance with Subsection (b) and
calculating the district ’s maximum compressed rate under Section 48.2551 shall
be used to lower the state compression percentage under Section 48.255. The
agency shall provide estimates to the legislature of the reduction of the state
compression percentage based on this subsection.
Sec.i48.2553.iiPERMITTED TAX RATE FOR MAINTENANCE OF
2020-2021 SCHOOL YEAR BASIC ALLOTMENT. (a) Notwithstanding any
other provision of this title or Chapter 26, Tax Code, if the maximum amount of
the basic allotment provided under Section 48.051(a) or (b) for a school year is
less than the maximum amount provided for the 2020-2021 school year, subject
to Subsection (b), a school district may adopt a maintenance and operations tax
rate that exceeds the maximum compressed tax rate permitted under Section
48.2551, provided that:
(1)iithe rate adopted by the district was previously approved by voters
for a tax year subsequent to the 2005 tax year; and
(2)iithe rate may not exceed the lesser of:
(A)ii$1.17; or
(B)iithe district ’s maximum compressed tax rate and the additional
tax rate necessary to generate the amount of revenue equal to the difference in per
student funding.
(b)iiBefore adopting a maintenance and operations tax rate under Subsection
(a), a school district must receive approval from the agency. To receive approval
from the agency under this subsection the district must submit the following
information:
(1)iia statement detailing the loss of funding to the district that resulted
from the decline in the maximum amount of the basic allotment provided under
Section 48.051(a) or (b);
(2)iithe proposed additional tax effort and the amount of funding the
proposed additional tax effort will generate;
(3)iievidence that the proposed additional tax effort described by
Subdivision (2) had been previously authorized by voters subsequent to the
2005itax year; and
(4)iiany other information required by the commissioner.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6073
(c)iiThe agency ’s approval of a district ’s tax rate under Subsection (b)
expires at the end of each tax year.
(d)iiAny additional tax effort by a school district authorized under this
section is not:
(1)iieligible for funding under Subchapter B, C, or D;
(2)iieligible for the guaranteed yield amount of state funds under
Section 48.202; or
(3)iisubject to the limit on local revenue under Section 48.257.
(e)iiThe 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 this
section or Section 48.2551.
(f)iiThis section does not apply to a school district to which Section
45.003(f) applies.
S e c . i 4 8 . 2 5 5 4 . i i S T U D Y O N D I S T R I C T P R O P E RT Y TA X
COMPRESSION. (a) The Legislative Budget Board, in conjunction with other
appropriate state agencies, shall study possible methods of providing property tax
relief through the reduction of school district maintenance and operations taxes.
The study must evaluate:
(1)iipotential sources of revenue that may be used to reduce school
district maintenance and operations taxes;
(2)iimethods of limiting increases in maintenance and operations tax
revenue that adjust for enrollment growth, inflation, and other relevant factors;
and
(3)iifor each method of providing property tax relief considered:
(A)iiany difference in anticipated benefits to property taxpayers
based on the school district in which the taxpayer resides;
(B)iithe cost to the state; and
(C)iithe anticipated impact on equity in the public school finance
system.
(b)iiNot later than September 1, 2020, the Legislative Budget Board shall
submit to the governor, the lieutenant governor, and the speaker of the house of
representatives a report on the results of the study and any recommendations for
legislative or other action.
(c)iiThis section expires September 1, 2021.
SECTIONi1A.008.iiEffective January 1, 2020, Section 26.08(n), Tax Code,
is amended to read as follows:
(n)iiFor purposes of this section, the rollback tax rate of a school district
[whose maintenance and operations tax rate for the 2005 tax year was $1.50 or
less per $100 of taxable value] is the sum of the following:
(1)ii[for the 2006 tax year, the sum of the rate that is equal to
88.67ipercent of the maintenance and operations tax rate adopted by the district
for the 2005 tax year, the rate of $0.04 per $100 of taxable value, and the
district s’ current debt rate; and
[(2)iifor the 2007 and subsequent tax years, the lesser of the following:
[(A)iithe sum of the following:
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[(i)]iithe rate per $100 of taxable value that is equal to the
district s’ maximum compressed tax rate [product of the state compression
percentage], as determined under Section 48.2551i[42.2516], Education Code,
for the current year [and $1.50];
(2)iithe greater of:
(A)iithe district ’s enrichment tax rate for the preceding tax year, less
any amount by which the district is required to reduce the district ’s enrichment
tax rate under Section 48.202(f), Education Code, in the current tax year; or
(B)i[(ii)]iithe rate of $0.04 per $100 of taxable value; and
(3)ii[(iii)iithe rate that is equal to the sum of the differences for the
2006iand each subsequent tax year between the adopted tax rate of the district for
that year if the rate was approved at an election under this section and the
rollback tax rate of the district for that year; and
[(iv)]iithe district ’s current debt rate[; or
[(B)iithe sum of the following:
[(i)iithe effective maintenance and operations tax rate of the
district as computed under Subsection (i) or (k), as applicable;
[(ii)iithe rate per $100 of taxable value that is equal to the
product of the state compression percentage, as determined under Section
42.2516, Education Code, for the current year and $0.06; and
[(iii)iithe district ’s current debt rate].
ARTICLE 2. PUBLIC EDUCATION
SECTIONi2.001.iiSection 7.028(a), Education Code, is amended to read as
follows:
(a)iiExcept as provided by Section 21.006(k), 22.093(l), 22.096, 29.001(5),
29.010(a), or 39.057, the agency may monitor compliance with requirements
applicable to a process or program provided by a school district, campus,
program, or school granted charters under Chapter 12, including the process
described by Subchapter F, Chapter 11, or a program described by Subchapter B,
C, D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003,
[and the use of funds provided for such a program under Subchapter C, Chapter
42,] only as necessary to ensure:
(1)iicompliance with federal law and regulations;
(2)iifinancial accountability, including compliance with grant
requirements; [and]
(3)iidata integrity for purposes of:
(A)iithe Public Education Information Management System
(PEIMS); and
(B)iiaccountability under Chapters 39 and 39A; and
(4)iiqualification for funding under Chapter 48.
SECTIONi2.002.iiSubchapter C, Chapter 7, Education Code, is amended by
adding Section 7.070 to read as follows:
Sec.i7.070.iiCOORDINATION OF DATA COLLECTION. The
commissioner may enter into agreements with appropriate entities as necessary to
provide for the collection of data regarding college, career, and military readiness
of public school students, including data maintained by:
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(1)iigovernmental agencies of the United States, this state, or another
state;
(2)iipolitical subdivisions of this state or another state;
(3)iipublic or private institutions of higher education; and
(4)iirelevant private organizations.
SECTIONi2.003.iiSubchapter D, Chapter 11, Education Code, is amended
by adding Sections 11.185 and 11.186 to read as follows:
Sec.i11.185.iiEARLY CHILDHOOD LITERACY AND MATHEMATICS
PROFICIENCY PLANS. (a) The board of trustees of each school district shall
adopt and post on the district ’s Internet website early childhood literacy and
mathematics proficiency plans that set specific annual goals for the following five
school years to reach quantifiable goals for student performance in reading and
mathematics at each campus.
(b)iiEach plan adopted under Subsection (a) must:
(1)iiidentify annual goals for students in each group evaluated under the
closing the gaps domain under Section 39.053(c)(3);
(2)iiinclude annual goals for aggregate student growth on the third grade
reading or mathematics assessment instrument, as applicable, administered under
Section 39.023 or on an alternative assessment instrument determined by the
board of trustees;
(3)iiprovide for targeted professional development for classroom
teachers in kindergarten or first, second, or third grade who are assigned to
campuses that the board of trustees identifies as not meeting the plan ’s goals;
(4)iiassign at least one district-level administrator or employee of the
regional education service center for the district ’s region to:
(A)iicoordinate implementation of the plan; and
(B)iisubmit an annual report to the board of trustees on the district ’s
progress toward the goals set under the plan; and
(5)iibe reviewed annually by the board of trustees at a public meeting.
(c)iiEach plan adopted under Subsection (a) may set separate goals for
students in a bilingual education or special language program under Subchapter
B, Chapter 29.
(d)iiThe professional development provided to classroom teachers under
Subsection (b)(3) must, as appropriate, consider the unique needs of students in a
bilingual education or special language program under Subchapter B, Chapter 29.
(e)iiA school district shall post the annual report described by Subsection
(b)(4)(B) on the district ’s Internet website and on the Internet website, if any, of
each campus in the district.
Sec.i11.186.iiCOLLEGE, CAREER, AND MILITARY READINESS
PLANS. (a) The board of trustees of each school district shall adopt college,
career, and military readiness plans that set specific annual goals for the following
five school years to reach quantifiable goals for measures of student college,
career, and military readiness at each campus.
(b)iiEach plan adopted under Subsection (a) must:
(1)iiidentify annual goals for students in each group evaluated under the
closing the gaps domain under Section 39.053(c)(3);
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(2)iiinclude annual goals for aggregate student growth on college,
career, and military readiness indicators evaluated under the student achievement
domain under Section 39.053(c)(1);
(3)iiassign at least one district-level administrator or employee of the
regional education service center for the district ’s region to:
(A)iicoordinate implementation of the plan; and
(B)iisubmit an annual report to the board of trustees on the district ’s
progress toward the goals set under the plan; and
(4)iibe reviewed annually by the board of trustees at a public meeting.
(c)iiA school district shall post the annual report described by Subsection
(b)(3)(B) on the district ’s Internet website and on the Internet website, if any, of
each campus in the district.
SECTIONi2.004.iiSection 12.104(b), Education Code, as amended by
Chapters 324 (SBi1488), 522 (SBi179), and 735 (SBi1153), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted and amended to read as follows:
(b)iiAn open-enrollment charter school is subject to:
(1)iia provision of this title establishing a criminal offense;
(2)iithe provisions in Chapter 554, Government Code; and
(3)i[(2)]iia prohibition, restriction, or requirement, as applicable,
imposed by this title or a rule adopted under this title, relating to:
(A)iithe Public Education Information Management System
(PEIMS) to the extent necessary to monitor compliance with this subchapter as
determined by the commissioner;
(B)iicriminal history records under Subchapter C, Chapter 22;
(C)iireading instruments and accelerated reading instruction
programs under Section 28.006;
(D)iiaccelerated instruction under Section 28.0211;
(E)iihigh school graduation requirements under Section 28.025;
(F)iispecial education programs under Subchapter A, Chapter 29;
(G)iibilingual education under Subchapter B, Chapter 29;
(H)iiprekindergarten programs under Subchapter E or E-1, Chapter
29;
(I)iiextracurricular activities under Section 33.081;
(J)iidiscipline management practices or behavior management
techniques under Section 37.0021;
(K)iihealth and safety under Chapter 38;
(L)iipublic school accountability under Subchapters B, C, D, F, G,
and J, Chapter 39, and Chapter 39A;
(M)iithe requirement under Section 21.006 to report an educator ’s
misconduct;
(N)iiintensive programs of instruction under Section 28.0213;
(O)iithe right of a school employee to report a crime, as provided by
Section 37.148; [and]
(P)iibullying prevention policies and procedures under Section
37.0832;
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(Q)iithe right of a school under Section 37.0052 to place a student
who has engaged in certain bullying behavior in a disciplinary alternative
education program or to expel the student; [and]
(R)iithe right under Section 37.0151 to report to local law
enforcement certain conduct constituting assault or harassment;
(S)i[(P)]iia parent ’s right to information regarding the provision of
assistance for learning difficulties to the parent ’s child as provided by Sections
26.004(b)(11) and 26.0081(c) and (d);
(T)iithe early childhood literacy and mathematics proficiency plans
under Section 11.185; and
(U)iithe college, career, and military readiness plans under Section
11.186.
SECTIONi2.005.iiSection 21.048, Education Code, is amended by adding
Subsection (a-2) to read as follows:
(a-2)iiThe board shall adopt rules that provide that in order to teach any
grade level from prekindergarten through grade six a person must demonstrate
proficiency in the science of teaching reading on a certification examination for
each class of certificate issued by the board after January 1, 2021.
SECTIONi2.006.iiSubchapter B, Chapter 21, Education Code, is amended
by adding Sections 21.063 and 21.064 to read as follows:
Sec.i21.063.iiTEACHER DESIGNATIONS ON CERTIFICATE. The board
shall place on or remove from a teacher ’s certificate the appropriate designation
issued to the teacher under Section 21.3521:
(1)iiafter being notified by the agency of the issuance or removal of the
designation; or
(2)iiif the board determines that removal of the designation is necessary
because of action taken against the teacher ’s certificate.
Sec.i21.064.iiLEGACY MASTER TEACHER CERTIFICATIONS. (a) The
board shall recognize a master teacher certificate issued under former Section
21.0481, 21.0482, 21.0483, or 21.0484 until the certificate expires. The board
shall note a designation of "legacy" on the certificate.
(b)iiA master teacher certificate described by Subsection (a) is not eligible
for funding under the teacher incentive allotment under Section 48.112.
SECTIONi2.007.iiSection 21.352(c), Education Code, is amended to read as
follows:
(c)iiExcept as otherwise provided by this subsection, appraisal must be done
at least once for [during] each school year. A teacher may be appraised less
frequently if the teacher agrees in writing and the teacher ’s most recent evaluation
rated the teacher as at least proficient, or the equivalent, and did not identify any
area of deficiency. A teacher who is appraised less frequently than annually must
be appraised at least once during each period of five school years. The district
shall maintain a written copy of the evaluation of each teacher ’s performance in
the teacher ’s personnel file. Each teacher is entitled to receive a written copy of
the evaluation promptly on its completion. After receiving a written copy of the
evaluation, a teacher is entitled to a second appraisal by a different appraiser or to
submit a written rebuttal to the evaluation to be attached to the evaluation in the
6078 86th LEGISLATURE — REGULAR SESSION
teacher ’s personnel file. The evaluation and any rebuttal may be given to another
school district at which the teacher has applied for employment at the request of
that district.
SECTIONi2.008.iiSubchapter H, Chapter 21, Education Code, is amended
by adding Section 21.3521 to read as follows:
Sec.i21.3521.iiLOCAL OPTIONAL TEACHER DESIGNATION
SYSTEM. (a) Subject to Subsection (b), a school district or open-enrollment
charter school may designate a certified 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.
(b)iiThe commissioner shall establish performance and validity standards for
each local optional teacher designation system. The performance standards:
(1)iimust provide a mathematical possibility that all teachers eligible for
a designation may earn the designation; and
(2)iimay not require a district to use an assessment instrument adopted
under Section 39.023 to evaluate teacher performance.
(c)iiNotwithstanding performance standards established under Subsection
(b), a classroom teacher that holds a National Board Certification issued by the
National Board for Professional Teaching Standards may be designated as
recognized.
(d)iiThe commissioner shall:
(1)iiensure that local optional teacher designation systems:
(A)iimeet the requirements of this section; and
(B)iiprioritize high needs campuses; and
(2)iienter into a memorandum of understanding with Texas Tech
University to monitor the quality and fairness of local optional teacher
designation systems.
(e)iiThe agency shall develop and provide technical assistance for school
districts and open-enrollment charter schools that request assistance in
implementing a local optional teacher designation system, including assistance in
prioritizing high needs campuses.
(f)iiA teacher has no vested property right in a teacher designation assigned
to the teacher under this section. A teacher designation issued under this section
is void in the determination that the designation was issued improperly.
Subchapters C through H, Chapter 2001, Government Code, do not apply to the
voiding of a teacher designation under this subsection.
(g)iiThe agency shall periodically conduct evaluations of the effectiveness of
the local optional teacher designation systems under this section and the teacher
incentive allotment under Section 48.112 and report the results of the evaluations
to the legislature. A school district or open-enrollment charter school that has
implemented a local optional teacher designation system or received funds under
the teacher incentive allotment shall participate in the evaluations.
(h)iiThe agency shall collect information necessary to implement this
section. Information otherwise confidential remains confidential and is not
subject to Chapter 552, Government Code.
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(i)iiThe commissioner may adopt fees to implement this section. A fee
adopted by the agency under this section is not subject to Sections 2001.0045iand
2001.0221, Government Code.
(j)iiThe commissioner may adopt rules to implement this section. A decision
made by the commissioner under this section is final and may not be appealed.
SECTIONi2.009.iiSection 21.458, Education Code, is amended by adding
Subsections (a-1), (b-1), (f), (f-1), and (g) and amending Subsections (b) and (d)
to read as follows:
(a-1)iiTo be assigned as a mentor, a teacher must agree to serve as a mentor
teacher for at least one school year. The assignment must begin not later than the
30th day of employment of the classroom teacher to whom the mentor teacher is
assigned. A district must agree to assign a mentor to a new classroom teacher for
at least two school years.
(b)iiThe commissioner shall adopt rules necessary to administer this section,
including rules concerning the duties and qualifications of a teacher who serves
as a mentor and the number of classroom teachers that may be assigned to a
mentor. The rules concerning qualifications must require that to serve as a
mentor a teacher must:
(1)iicomplete a research-based mentor and induction training program
approved by the commissioner;
(2)iicomplete a mentor training program provided by the district; [and]
(3)iihave at least three complete years of teaching experience with a
superior record of assisting students, as a whole, in achieving improvement in
student performance; and
(4)iidemonstrate interpersonal skills, instructional effectiveness, and
leadership skills.
(b-1)iiA school district must provide training to mentor teachers and any
appropriate district and campus employees who work with the classroom teacher
or supervise the classroom teacher. The training must be completed by the
mentor teacher and the district and campus employees before the beginning of the
school year. The district shall also provide supplemental training to mentor
teachers and employees during the school year. The training must include
content related to best mentorship practices.
(d)iiIn adopting rules under this section [Subsection (c)], the commissioner
shall rely on research-based mentoring programs that, through external
evaluation, have demonstrated success.
(f)iiA mentor teacher must meet with each classroom teacher assigned to the
mentor not less than 12 hours each semester. Observations of the mentor by the
classroom teacher being mentored or of the classroom teacher being mentored by
the mentor may count toward the 12 hours of meeting time required for the
semester. Except as provided by Subsection (f-1), the mentoring sessions must
address the following topics:
(1)iiorientation to the context, policies, and practices of the school
district;
(2)iidata-driven instructional practices;
6080 86th LEGISLATURE — REGULAR SESSION
(3)iispecific instructional coaching cycles, including coaching regarding
conferences between parents and the classroom teacher;
(4)iiprofessional development; and
(5)iiprofessional expectations.
(f-1)iiSubject to approval by the agency, in determining the topics to be
addressed in the mentoring sessions, a school district may create an appropriate
curriculum that meets the district needs.
(g)iiA school district must:
(1)iidesignate a specific time during the regularly contracted school day
for meetings between mentor teachers and classroom teachers assigned to a
mentor; and
(2)iischedule release time or a reduced teaching load for mentor teachers
and classroom teachers under this section to facilitate mentoring activities,
including classroom observations or participation in supportive coaching.
SECTIONi2.010.iiSubchapter J, Chapter 21, Education Code, is amended
by adding Section 21.465 to read as follows:
Sec.i21.465.iiAUTISM TRAINING. (a) A school district may provide a
salary incentive or similar compensation to a teacher who completes training
provided by a regional education service center relating to autism.
(b)iiA school district that decides to provide an incentive or compensation
under Subsection (a) shall adopt a policy to implement this section.
SECTIONi2.011.iiEffective September 1, 2020, Section 25.085, Education
Code, is amended by adding Subsection (i) to read as follows:
(i)iiNotwithstanding any other provision of this section, a student enrolled in
a school district is not required to attend school for any additional instructional
days described by Section 48.0051.
SECTIONi2.012.iiSection 28.006, Education Code, is amended by
amending Subsections (b), (c), (d), and (f) and adding Subsections (b-1), (c-2),
(c-3), and (l) to read as follows:
(b)iiThe commissioner shall adopt a list of reading instruments that a school
district may use to diagnose student reading development and comprehension.
For use in diagnosing the reading development and comprehension of
kindergarten students, the commissioner shall adopt a [include on the
commissioner ’s list at least two] multidimensional assessment tool that includes
[tools. A multidimensional assessment tool on the commissioner ’s list must
either include] a reading instrument and tests [test] at least three developmental
skills, including literacy[, or test at least two developmental skills, other than
literacy, and be administered in conjunction with a separate reading instrument
that is on a list adopted under this subsection]. A multidimensional assessment
tool administered as provided by this subsection is considered to be a reading
instrument for purposes of this section. A district-level committee established
under Subchapter F, Chapter 11, may adopt a list of reading instruments for use in
the district in a grade level other than kindergarten in addition to the reading
instruments on the commissioner s’ list. Each reading instrument adopted by the
commissioner or a district-level committee must be based on scientific research
concerning reading skills development and reading comprehension. A list of
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reading instruments adopted under this subsection must provide for diagnosing
the reading development and comprehension of students participating in a
program under Subchapter B, Chapter 29.
(b-1)iiThe commissioner may approve an alternative reading instrument for
use in diagnosing the reading development and comprehension of kindergarten
students that complies with the requirements under Subsection (b).
(c)iiEach school district shall administer, at the [kindergarten and] first and
second grade levels, a reading instrument on the list adopted by the commissioner
or by the district-level committee. The district shall administer the reading
instrument in accordance with the commissioner ’s recommendations under
Subsection (a)(1).
(c-2)iiEach school district shall administer at the kindergarten level a reading
instrument adopted by the commissioner under Subsection (b) or approved by the
commissioner under Subsection (b-1). The district shall administer the reading
instrument in accordance with the commissioner ’s recommendations under
Subsection (a)(1).
(c-3)iiThe commissioner by rule shall determine the performance on the
reading instrument adopted under Subsection (b) that indicates kindergarten
readiness.
(d)iiThe superintendent of each school district shall:
(1)iireport to the commissioner and the board of trustees of the district
the results of the reading instruments;
(2)iinot later than the 60th calendar day after the date on which a
reading instrument was administered report, in writing, to a student ’s parent or
guardian the student ’s results on the [reading] instrument; and
(3)iiusing the school readiness certification system provided to the
school district in accordance with Section 29.161(e), report electronically each
student ’s raw score on the reading instrument to the agency for use in the school
readiness certification system.
(f)iiThe agency shall ensure at least one reading instrument for each grade
level for which a reading instrument is required to be administered under this
section is available to school districts at no cost. [This section may be
implemented only if funds are appropriated for administering the reading
instruments. Funds, other than local funds, may be used to pay the cost of
administering a reading instrument only if the instrument is on the list adopted by
the commissioner.]
(l)iiThe commissioner may adopt rules as necessary to implement this
section. Section 2001.0045, Government Code, does not apply to rules adopted
under this subsection.
SECTIONi2.013.iiSubchapter A, Chapter 28, Education Code, is amended
by adding Section 28.0062 to read as follows:
Sec.i28.0062.iiREADING STANDARDS FOR KINDERGARTEN
THROUGH THIRD GRADE. (a) Each school district and open-enrollment
charter school shall:
6082 86th LEGISLATURE — REGULAR SESSION
(1)iiprovide 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)iiensure that:
(A)iinot later than the 2021-2022 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)iieach classroom teacher and each principal initially employed in
a grade level or at a campus described by Paragraph (A) for the 2021-2022 school
year or a subsequent school year has attended a teacher literacy achievement
academy developed under Section 21.4552 before the teacher ’s or principal ’s first
year of placement in that grade level or campus; and
(3)iicertify to the agency that the district or school:
(A)iiprioritizes placement of highly effective teachers in
kindergarten through second grade; and
(B)iihas integrated reading instruments used to diagnose reading
development and comprehension to support each student in prekindergarten
through third grade.
(b)iiThe agency shall provide assistance to school districts and
open-enrollment charter schools in complying with the requirements under this
section.
(c)iiThe agency shall:
(1)iimonitor the implementation of this section; and
(2)iiperiodically report to the legislature on the implementation of this
section and the effectiveness of this section in improving educational outcomes.
(d)iiThe commissioner shall establish an advisory board to assist the agency
in fulfilling the agency ’s duties under this section. Chapter 2110, Government
Code, does not apply to the advisory board.
(e)iiThe commissioner may adopt rules to implement this section.
SECTIONi2.014.iiSection 28.025(c), Education Code, is amended to read as
follows:
(c)iiA person may receive a diploma if the person is eligible for a diploma
under Section 28.0251. In other cases, a student may graduate and receive a
diploma only if:
(1)iithe student successfully completes the curriculum requirements
identified by the State Board of Education under Subsection (a) and complies
with Sections 28.0256 and [Section] 39.025; or
(2)iithe student successfully completes an individualized education
program developed under Section 29.005.
SECTIONi2.015.iiSubchapter B, Chapter 28, Education Code, is amended
by adding Section 28.0256 to read as follows:
Sec.i28.0256.iiFINANCIAL AID APPLICATION REQUIREMENT FOR
HIGH SCHOOL GRADUATION. (a) Before graduating from high school, each
student must complete and submit a free application for federal student aid
(FAFSA) or a Texas application for state financial aid (TASFA).
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(b)iiA student is not required to comply with Subsection (a) if:
(1)iithe student ’s parent or other person standing in parental relation
submits a signed form indicating that the parent or other person authorizes the
student to decline to complete and submit the financial aid application;
(2)iithe student signs and submits the form described by Subdivision (1)
on the student ’s own behalf if the student is 18 years of age or older or the
student ’s disabilities of minority have been removed for general purposes under
Chapter 31, Family Code; or
(3)iia school counselor authorizes the student to decline to complete and
submit the financial aid application for good cause, as determined by the school
counselor.
(c)iiA school district or open-enrollment charter school shall adopt a form to
be used for purposes of Subsection (b). The form must be:
(1)iiapproved by the agency; and
(2)iimade available in English, Spanish, and any other language spoken
by a majority of the students enrolled in a bilingual education or special language
program under Subchapter B, Chapter 29, in the district or school.
(d)iiIf a school counselor notifies a school district whether a student has
complied with this section for purposes of determining whether the student meets
high school graduation requirements under Section 28.025, the school counselor
may only indicate whether the student has complied with this section and may not
indicate the manner in which the student complied.
(e)iiThe commissioner shall adopt rules as necessary to implement this
section, including rules to:
(1)iiestablish:
(A)iia timeline for:
(i)iithe distribution to students of the free application for federal
student aid or Texas application for state financial aid and the form adopted under
Subsection (c); and
(ii)iithe submission of a form under Subsection (b);
(B)iistandards regarding the information that a school district or
open-enrollment charter school must provide to students regarding:
(i)iiin accordance with Section 33.007(b)(5), instructions for
filling out the free application for federal student aid or Texas application for state
financial aid; and
(ii)iithe options available to a student under Subsection (b) if
the student wishes to decline to complete and submit a financial aid application;
and
(C)iithe method by which a student must provide to a school district
or open-enrollment charter school proof that the student has completed and
submitted the free application for federal student aid or Texas application for state
financial aid as required by this section;
(2)iirequire each school district to report to the agency:
(A)iithe number of students who completed and submitted a
financial aid application under Subsection (a); and
6084 86th LEGISLATURE — REGULAR SESSION
(B)iithe number of students who received an exception from
complying with Subsection (a) under Subsection (b); and
(3)iiensure compliance with federal law regarding confidentiality of
student educational information, including the Family Educational Rights and
Privacy Act of 1974i(20iU.S.C.iSection 1232g), and any state law relating to the
privacy of student information.
(f)iiThe agency shall establish an advisory committee to assist the agency in
adopting rules under Subsection (e) to implement this section and to develop
recommendations for that purpose. The advisory committee is composed of:
(1)iischool counselors;
(2)iischool administrators; and
(3)iistakeholders to represent the needs of interested students.
(g)iiNot later than January 1, 2021, the agency shall report the advisory
committee ’s recommendations to the standing committee of each house of the
legislature with jurisdiction over public education. Subsection (f) and this
subsection expire January 1, 2023.
SECTIONi2.016.iiSubchapter B, Chapter 29, Education Code, is amended
by adding Section 29.065 to read as follows:
Sec.i29.065.iiASSISTANCE BY AGENCY. The agency shall develop tools
to assist school districts and open-enrollment charter schools in implementing
bilingual education and special language programs under this chapter.
SECTIONi2.017.iiSection 29.122, Education Code, is amended to read as
follows:
Sec.i29.122.iiESTABLISHMENT. (a) Using criteria established by the State
Board of Education, each school district shall adopt a process for identifying and
serving gifted and talented students in the district and shall establish a program
for those students in each grade level. A district may establish a shared services
arrangement program with one or more other districts.
(b)iiEach school district shall adopt a policy regarding the use of funds to
support the district ’s program for gifted and talented students.
SECTIONi2.018.iiSubchapter D, Chapter 29, Education Code, is amended
by adding Section 29.124 to read as follows:
Sec.i29.124.iiCERTIFICATION AND REPORTING REQUIRED. (a) Each
school district shall annually certify to the commissioner that the district has
established a program for gifted and talented students as required by this
subchapter and that the program is consistent with the state plan developed under
Section 29.123.
(b)iiIf the commissioner determines that a school district has failed to
comply with Subsection (a) for a school year, the commissioner shall reduce the
total amount of funding to which the district is entitled under Chapter 48 for that
school year by an amount equal to the basic allotment multiplied by the product
of:
(1)ii0.12; and
(2)iian amount equal to five percent of the students in average daily
attendance in the district.
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(c)iiThe commissioner may restore to a school district all or part of the
funding withheld from the district s’ entitlement under Subsection (b) if during the
school year the district complies with Subsection (a).
(d)iiAt the same time that a school district makes the certification required
under Subsection (a), the district shall report to the commissioner regarding the
use of funds on the district ’s program for gifted and talented students as provided
by State Board of Education rule.
(e)iiNothing in this section may be construed as limiting the number of
students that a school district may identify as gifted and talented or serve under
the district ’s program for gifted and talented students.
SECTIONi2.019.iiSection 29.153, Education Code, is amended by
amending Subsections (c) and (d) and adding Subsections (c-1), (d-1), (d-2), and
(g) to read as follows:
(c)iiA prekindergarten class under this section may [shall] be operated on a
half-day basis for children under four years of age and shall be operated on a
full-day basis for children who are at least four years of age. 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.
(c-1)iiA prekindergarten class under this section for children who are least
four years of age must comply with the program standards required for high
quality prekindergarten programs under Subchapter E-1.
(d)iiSubject to Subsections (d-1) and (d-2), on [On] application of a district,
the commissioner shall [may] exempt a district from the application of all or any
part of this section, including all or any part of Subchapter E-1 for a
prekindergarten class described by Subsection (c-1), if the commissioner
determines that:
(1)iithe district would be required to construct classroom facilities in
order to provide prekindergarten classes; or
(2)iiimplementing any part of this section would result in fewer eligible
children being enrolled in a prekindergarten class under this section.
(d-1)iiA district may not receive an exemption under Subsection (d) unless
the district has solicited and considered at a public meeting proposals for
partnerships with public or private entities regarding prekindergarten classes
required under this section. A decision of the board of trustees regarding a
partnership described by this subsection is final.
(d-2)iiAn exemption under Subsection (d) may not be granted for a period
longer than three school years and may be renewed only once.
(g)iiBefore a school district or open-enrollment charter school may
construct, repurpose, or lease a classroom facility, or issue bonds for the
construction or repurposing of a classroom facility, to provide the prekindergarten
classes required under this section, the district or school must solicit and consider
proposals for partnerships to provide those classes with community-based
child-care providers who:
(1)iiare a Texas Rising Star Program provider with a three-star
certification or higher;
6086 86th LEGISLATURE — REGULAR SESSION
(2)iiare nationally accredited;
(3)iiare a Head Start program provider;
(4)iiare a Texas School Ready! participant; or
(5)iimeet the requirements under Section 29.1532.
SECTIONi2.020.iiSection 29.1531(a), Education Code, is amended to read
as follows:
(a)iiA school district may offer on a tuition basis or use district funds to
provide:
(1)iian additional half-day of prekindergarten classes to children who
are eligible for classes under Section 29.153 and are under four years of age; and
(2)iihalf-day and full-day prekindergarten classes to children not eligible
for classes under Section 29.153.
SECTIONi2.021.iiSection 29.1532(c), Education Code, is amended to read
as follows:
(c)iiA school district that offers prekindergarten classes[, including a high
quality prekindergarten program class under Subchapter E-1,] shall include the
following information in the district ’s Public Education Information Management
System (PEIMS) report:
(1)iidemographic information, as determined by the commissioner, on
students enrolled in district and campus prekindergarten classes, including the
number of students who are eligible for classes under Section 29.153;
(2)iithe numbers of half-day and full-day prekindergarten classes offered
by the district and campus;
(3)iithe number of half-day prekindergarten classes for which the district
has received an exemption from full-day operation under Section 29.153(d);
(4)iithe sources of funding for the prekindergarten classes;
(5)ii[(4)]iithe class size and ratio of instructional staff to students for
each prekindergarten program class offered by the district and campus;
(6)ii[(5)]iiif the district elects to administer an assessment instrument
under Section 29.169 to students enrolled in district and campus prekindergarten
program classes, a description and the results of each type of assessment
instrument; and
(7)ii[(6)]iicurricula used in the district ’s prekindergarten program
classes.
SECTIONi2.022.iiSection 29.1543, Education Code, is amended to read as
follows:
Sec.i29.1543.iiEARLY EDUCATION REPORTS. The agency shall produce
and make available to the public on the agency ’s Internet website annual district
and campus-level reports containing information from the previous school year
on early education in school districts and open-enrollment charter schools. A
report under this section must contain:
(1)iithe information required by Section 29.1532(c) to be reported
through the Public Education Information Management System (PEIMS);
(2)iia description of the diagnostic reading instruments administered in
accordance with Section 28.006(c) or (c-2);
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(3)iithe number of students who were administered a diagnostic reading
instrument administered in accordance with Section 28.006(c) or (c-2);
(4)iithe number of students whose scores from a diagnostic reading
instrument administered in accordance with Section 28.006(c) or (c-2) indicate
reading proficiency; [and]
(5)iithe number of kindergarten students who were enrolled in a
prekindergarten program in the previous school year in the same district or school
as the district or school in which the student attends kindergarten;
(6)iithe number and percentage of students who perform satisfactorily
on the third grade reading or mathematics assessment instrument administered
under Section 39.023, disaggregated by whether the student was eligible for free
prekindergarten under Section 29.153;
(7)iithe number of students described by Subdivision (6) who attended
kindergarten in the district, disaggregated by:
(A)iiwhether the student met the kindergarten readiness standard on
the reading instrument adopted under Section 28.006;
(B)iiwhether the student attended prekindergarten in the district;
and
(C)iithe type of prekindergarten the student attended, if applicable;
and
(8)iithe information described by Subdivisions (6) and (7) disaggregated
by whether the student is educationally disadvantaged.
SECTIONi2.023.iiSubchapter E, Chapter 29, Education Code, is amended
by adding Section 29.1544 to read as follows:
S e c . i 2 9 . 1 5 4 4 . i i R E P O RT I N G O F C E RTA I N I N F O R M AT I O N
REGARDING PREKINDERGARTEN PROGRAMS; AGENCY REPORT. (a)
The agency by rule shall require each school district that offers a prekindergarten
program under Section 29.153 and each private entity that provides a
prekindergarten program under contract with a school district to report the
following information in the form and manner prescribed by the agency for each
prekindergarten class offered by the district or private entity:
(1)iithe number of students in each prekindergarten class;
(2)iithe number of certified teachers in each prekindergarten class;
(3)iithe number of teacher ’s aides in each prekindergarten class;
(4)iiwhether each prekindergarten class is full-day or half-day; and
(5)iiif the district offers half-day classes, whether the district offers two
half-day classes per day.
(b)iiFrom the information submitted under Subsection (a), the agency shall
determine the total number of teachers and teacher ’s aides in prekindergarten
classes in this state.
(c)iiFrom the information submitted under Subsection (a) and for purposes
of calculating the student/teacher ratio for each prekindergarten class offered by a
school district or private entity that provides a prekindergarten program under
contract with a school district, the agency shall count each teacher or teacher s’
aide:
(1)iionce for a full-day class; and
6088 86th LEGISLATURE — REGULAR SESSION
(2)iitwice for a half-day class if the district offers two half-day classes
per day.
(d)iiNot later than August 1 of each year, the agency shall prepare and
submit a report to the legislature based on the information collected under
Subsection (a).
SECTIONi2.024.iiSection 29.162, Education Code, is amended to read as
follows:
Sec.i29.162.iiRULES [DETERMINATION OF FULL-DAY AND
HALF-DAY]. (a) The commissioner may adopt rules for this subchapter,
including rules establishing full-day and half-day minutes of operation
requirements as provided by Section 25.081.
(b)iiSection 2001.0045, Government Code, does not apply to rules adopted
under this section.
SECTIONi2.025.iiThe heading to Subchapter E-1, Chapter 29, Education
Code, is amended to read as follows:
SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN [GRANT]
PROGRAM REQUIREMENTS
SECTIONi2.026.iiSection 29.164, Education Code, is amended to read as
follows:
Sec.i29.164.iiDEFINITION. In this subchapter, "program" means a high
quality prekindergarten [grant] program required under Section 29.153(c-1) to be
provided free of tuition or fees in accordance with this subchapter.
SECTIONi2.027.iiSection 29.167(a), Education Code, is amended to read as
follows:
(a)iiA school district shall select and implement a curriculum for a
prekindergarten [grant] program [under this subchapter] that:
(1)iiincludes the prekindergarten guidelines established by the agency;
(2)iimeasures the progress of students in meeting the recommended
learning outcomes; and
(3)iidoes not use national curriculum standards developed by the
Common Core State Standards Initiative.
SECTIONi2.028.iiSection 29.170(a), Education Code, is amended to read as
follows:
(a)iiThe commissioner shall evaluate the use and effectiveness of
prekindergarten funding [provided under this subchapter] in improving student
learning. The commissioner shall identify effective instruction strategies
implemented by school districts under this subchapter.
SECTIONi2.029.iiSection 29.171(a), Education Code, is amended to read as
follows:
(a)iiA school district that offers a prekindergarten [participating in the grant]
program under this subchapter may enter into a contract with an eligible private
provider to provide services or equipment for the program.
SECTIONi2.030.iiSection 29.172, Education Code, is amended to read as
follows:
Sec.i29.172.iiRULES. (a) The commissioner may adopt rules necessary to
implement this subchapter.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6089
(b)iiSection 2001.0045, Government Code, does not apply to rules adopted
under this section.
SECTIONi2.031.iiSection 29.190, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a)iiA student is entitled to a subsidy under this section if:
(1)iithe student:
(A)iisuccessfully completes the career and technology program of a
school district in which the student receives training and instruction for
employment; or
(B)iiis enrolled in a special education program under Subchapter A;
and
(2)iithe student passes a certification examination to qualify for a license
or certificate that is an industry certification for purposes of Section
39.053(c)(1)(B)(v), administered while the student is enrolled in a school district.
(a-1)iiA student may not receive more than one subsidy under this section.
SECTIONi2.032.iiSubchapter F, Chapter 29, Education Code, is amended
by adding Section 29.194 to read as follows:
Sec.i29.194.iiSUMMER CAREER AND TECHNOLOGY EDUCATION
GRANT PROGRAM. (a) From funds appropriated or available for the purpose,
the commissioner, in cooperation with an appropriate private entity, shall
establish a grant program to provide funding to school districts for career and
technology education courses offered during the summer.
(b)iiThe commissioner may solicit and accept gifts, donations, or other
contributions for the grant program established under this section.
(c)iiThe commissioner may adopt rules as necessary to implement this
section.
SECTIONi2.033.iiSubchapter Z, Chapter 29, Education Code, is amended
by adding Section 29.924 to read as follows:
Sec.i29.924.iiBLENDED LEARNING GRANT PROGRAM. (a) In this
section, "blended learning" means an instructional delivery method that combines
classroom and online instruction.
(b)iiFrom funds appropriated or available for purposes of this section, the
commissioner shall establish a grant program to assist school districts and
open-enrollment charter schools in developing and implementing effective
blended learning models, including an innovative mathematics instructional
program at a campus designated as a mathematics innovation zone as provided by
Section 28.020. In awarding grants under the program, the commissioner shall
give priority to school districts and open-enrollment charter schools that have the
highest enrollment of students who are educationally disadvantaged.
(c)iiA school district or open-enrollment charter school that receives a grant
under this section must:
(1)iidevelop a plan to implement a blended learning model that meets
the requirements under Subsection (d);
(2)iiprovide training to teachers and other relevant personnel on
effective blended learning practices using a program approved by the
commissioner for that purpose;
6090 86th LEGISLATURE — REGULAR SESSION
(3)iiafter completion of the training under Subdivision (2):
(A)iicertify to the agency that the blended learning model has been
implemented; and
(B)iiimmediately following the fourth school year of
implementation, submit to the agency a report on student outcomes under the
blended learning model; and
(4)iiprovide any other information to the agency as necessary for the
implementation of this section.
(d)iiA plan to implement a blended learning model developed under
Subsection (c) must:
(1)iiduring the first year require implementation of the model across an
entire grade level at a campus and permit subsequent expansion of the model to
additional grade levels at the campus or, if the campus has achieved full
implementation of the model across all grade levels, to additional campuses in a
manner that provides students a consistent learning experience;
(2)iirequire teachers to differentiate instruction for all students in a grade
level using the blended learning model, including by:
(A)iiusing curricula and assessments that allow each student to
progress at the student ’s pace based on demonstrated proficiency;
(B)iiproviding learning opportunities that give students, in
collaboration with the teacher, control over the time, place, path, and pace of the
student ’s learning; and
(C)iiallocating a certain amount of instructional preparation time to
collaborating with students and developing blended learning lesson plans and
activities driven by individual student needs;
(3)iiprovide teachers and other relevant personnel with professional
development opportunities regarding blended learning; and
(4)iirequire the use of a proficiency-based assessment to inform
instruction and provide teachers with relevant information regarding strengths
and gaps in a student s’ learning and proficiency in the essential knowledge and
skills.
(e)iiFunds awarded under the grant program may be used only to implement
a program under this section and satisfy the requirements under Subsection (c).
(f)iiA school district or open-enrollment charter school may receive a grant
under this section for not more than four consecutive school years.
(g)iiThe commissioner shall adopt rules as necessary to implement this
section, including rules establishing an application and selection process for
awarding grants under this section and a list of programs that may be used for
training under Subsection (c)(2). In adopting rules under this subsection, the
commissioner may not impose any requirements on a school district ’s or
open-enrollment charter school ’s plan to implement a blended learning model not
listed under Subsection (d).
SECTIONi2.034.iiSections 39.0261(a), (e), and (f), Education Code, are
amended to read as follows:
(a)iiIn addition to the assessment instruments otherwise authorized or
required by this subchapter:
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(1)iieach school year and at state cost, a school district may administer
to students in the spring of the eighth grade an established, valid, reliable, and
nationally norm-referenced preliminary college preparation assessment
instrument for the purpose of diagnosing the academic strengths and deficiencies
of students before entrance into high school;
(2)iieach school year and at state cost, a school district may administer
to students in the 10th grade an established, valid, reliable, and nationally
norm-referenced preliminary college preparation assessment instrument for the
purpose of measuring a student s’ progress toward readiness for college and the
workplace; and
(3)iihigh school students in the spring of the 11th grade or during the
12th grade may select and take once, at state cost:
(A)ii[,] one of the valid, reliable, and nationally norm-referenced
assessment instruments used by colleges and universities as part of their
undergraduate admissions processes; or
(B)iithe assessment instrument designated by the Texas Higher
Education Coordinating Board under Section 51.334.
(e)iiSubsection (a)(3) does not prohibit a high school student [in the spring
of the 11th grade or during the 12th grade] from selecting and taking, at the
student ’s own expense, an assessment instrument described by that subdivision
[one of the valid, reliable, and nationally norm-referenced assessment instruments
used by colleges and universities as part of their undergraduate admissions
processes more than once].
(f)iiThe provisions of this section regarding assessment instruments
administered under Subsection (a)(1) or (2) apply only if the legislature
appropriates funds for those purposes [of this section].
SECTIONi2.035.iiSection 39.306(a), Education Code, is amended to read as
follows:
(a)iiEach board of trustees shall publish an annual report describing the
educational performance of the district and of each campus in the district that
includes uniform student performance and descriptive information as determined
under rules adopted by the commissioner. The annual report must also include:
(1)iicampus performance objectives established under Section
11.253iand the progress of each campus toward those objectives, which shall be
available to the public;
(2)iiinformation indicating the district ’s accreditation status and
identifying each district campus awarded a distinction designation under
Subchapter G or considered an unacceptable campus under Chapter 39A;
(3)iithe district ’s current special education compliance status with the
agency;
(4)iia statement of the number, rate, and type of violent or criminal
incidents that occurred on each district campus, to the extent permitted under the
Family Educational Rights and Privacy Act of 1974i(20iU.S.C.iSection 1232g);
(5)iiinformation concerning school violence prevention and violence
intervention policies and procedures that the district is using to protect students;
6092 86th LEGISLATURE — REGULAR SESSION
(6)iithe findings that result from evaluations conducted under the Safe
and Drug-Free Schools and Communities Act of 1994i(20iU.S.C. Section 7101iet
seq.); [and]
(7)iiinformation received under Section 51.403(e) for each high school
campus in the district, presented in a form determined by the commissioner; and
(8)iithe progress of the district and each campus in the district toward
meeting the goals set in the district ’s:
(A)iiearly childhood literacy and mathematics proficiency plans
adopted under Section 11.185; and
(B)iicollege, career, and military readiness plans adopted under
Section 11.186.
SECTIONi2.036.iiSubchapter Z, Chapter 39A, Education Code, is amended
by adding Section 39A.907 to read as follows:
Sec.i39A.907.iiASSESSMENT INSTRUMENT STUDY. (a) The
commissioner shall enter into a memorandum of understanding with a public
institution of higher education to conduct a study to determine whether, for each
applicable grade level, each assessment instrument administered under Section
39.023(a) during the 2018-2019ischool year or scheduled to be administered
during the 2019-2020ischool year:
(1)iiis written at the appropriate reading level for students in that grade
level; and
(2)iiincludes only:
(A)iipassages, questions, answers, and other content aligned with
the essential knowledge and skills adopted by the State Board of Education for
the applicable subject for the grade level at which the assessment instrument is
administered or for any previous grade level; and
(B)iipassages written at a reading level not higher than the grade
level at which the assessment instrument is administered.
(b)iiNot later than December 1, 2019, the commissioner shall submit a
report to the legislature and the presiding officer of each legislative standing
committee with jurisdiction over primary and secondary education that includes
the results of the study.
ARTICLE 2A. PROVISIONS REGARDING EMPLOYING, TERMINATING,
AND REPORTING MISCONDUCT OF PUBLIC SCHOOL AND RELATED
ENTITY PERSONNEL
SECTIONi2A.001.iiSection 12.027(a), Education Code, is amended to read
as follows:
(a)iiThe State Board of Education may place on probation or revoke a
home-rule school district charter of a school district if the board determines that
the district:
(1)iicommitted a material violation of the charter, including by failure to
comply with the duty to discharge or refuse to hire certain employees or
applicants for employment, as provided by Section 12.0271;
(2)iifailed to satisfy generally accepted accounting standards of fiscal
management; or
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(3)iifailed to comply with this subchapter or other applicable federal or
state law or rule.
SECTIONi2A.002.iiSubchapter B, Chapter 12, Education Code, is amended
by adding Section 12.0271 to read as follows:
Sec.i12.0271.iiFAILURE TO DISCHARGE OR REFUSE TO HIRE
CERTAIN EMPLOYEES OR APPLICANTS. A home-rule school district
commits a material violation of the school district ’s charter if the school district
fails to comply with the duty to discharge or refuse to hire certain employees or
applicants for employment under Section 22.085 or 22.092.
SECTIONi2A.003.iiSection 12.056(b), Education Code, is amended to read
as follows:
(b)iiA campus or program for which a charter is granted under this
subchapter is subject to:
(1)iia provision of this title establishing a criminal offense; and
(2)iia prohibition, restriction, or requirement, as applicable, imposed by
this title or a rule adopted under this title, relating to:
(A)iithe Public Education Information Management System
(PEIMS) to the extent necessary to monitor compliance with this subchapter as
determined by the commissioner;
(B)iicriminal history records under Subchapter C, Chapter 22;
(C)iihigh school graduation under Section 28.025;
(D)iispecial education programs under Subchapter A, Chapter 29;
(E)iibilingual education under Subchapter B, Chapter 29;
(F)iiprekindergarten programs under Subchapter E, Chapter 29;
(G)iiextracurricular activities under Section 33.081;
(H)iihealth and safety under Chapter 38; [and]
(I)iipublic school accountability under Subchapters B, C, D, F, and
J, Chapter 39, and Chapter 39A; and
(J)iithe duty to discharge or refuse to hire certain employees or
applicants for employment under Section 12.1059.
SECTIONi2A.004.iiSection 12.063(a), Education Code, is amended to read
as follows:
(a)iiA board of trustees may place on probation or revoke a charter it grants
if the board determines that the campus or program:
(1)iicommitted a material violation of the charter, including by failure to
comply with the duty to discharge or refuse to hire certain employees or
applicants for employment, as provided by Section 12.0631;
(2)iifailed to satisfy generally accepted accounting standards of fiscal
management; or
(3)iifailed to comply with this subchapter, another law, or a state agency
rule.
SECTIONi2A.005.iiSubchapter C, Chapter 12, Education Code, is amended
by adding Section 12.0631 to read as follows:
Sec.i12.0631.iiFAILURE TO DISCHARGE OR REFUSE TO HIRE
CERTAIN EMPLOYEES OR APPLICANTS. A campus or campus program
granted a charter under this subchapter commits a material violation of its charter
6094 86th LEGISLATURE — REGULAR SESSION
if the campus or program fails to comply with the duty to discharge or refuse to
hire certain employees or applicants for employment under Section 12.1059,
22.085, or 22.092.
SECTIONi2A.006.iiSection 12.1059, Education Code, is amended to read
as follows:
Sec.i12.1059.iiREQUIREMENTS [AGENCY APPROVAL REQUIRED]
FOR EMPLOYMENT OF CERTAIN EMPLOYEES. A person may not be
employed by or serve as a teacher, librarian, educational aide, administrator, or
school counselor for an open-enrollment charter school unless:
(1)iithe person has been approved by the agency following a review of
the person ’s national criminal history record information as provided by Section
22.0832; and
(2)iithe school has confirmed that the person is not included in the
registry under Section 22.092.
SECTIONi2A.007.iiSection 12.115(a), Education Code, is amended to read
as follows:
(a)iiExcept as provided by Subsection (c), the commissioner shall revoke the
charter of an open-enrollment charter school or reconstitute the governing body
of the charter holder if the commissioner determines that the charter holder:
(1)iicommitted a material violation of the charter, including by a failure
to:
(A)iisatisfy accountability provisions prescribed by the charter; or
(B)iicomply with the duty to discharge or refuse to hire certain
employees or applicants for employment, as provided by Section 12.1151;
(2)iifailed to satisfy generally accepted accounting standards of fiscal
management;
(3)iifailed to protect the health, safety, or welfare of the students
enrolled at the school;
(4)iifailed to comply with this subchapter or another applicable law or
rule;
(5)iifailed to satisfy the performance framework standards adopted
under Section 12.1181; or
(6)iiis imminently insolvent as determined by the commissioner in
accordance with commissioner rule.
SECTIONi2A.008.iiSubchapter D, Chapter 12, Education Code, is amended
by adding Section 12.1151 to read as follows:
Sec.i12.1151.iiFAILURE TO DISCHARGE OR REFUSE TO HIRE
CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school
commits a material violation of the school ’s charter if the school fails to comply
with the duty to discharge or refuse to hire certain employees or applicants for
employment under Section 12.1059, 22.085, or 22.092.
SECTIONi2A.009.iiSection 12A.008, Education Code, is amended by
adding Subsection (b-1) to read as follows:
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(b-1)iiThe commissioner may terminate a district ’s designation as a district
of innovation if the district fails to comply with the duty to discharge or refuse to
hire certain employees or applicants for employment under Section 12.1059,
applicable to the district under Section 12A.004(a)(1), or Section 22.085 or
22.092.
SECTIONi2A.010.iiSection 21.006, Education Code, is amended by
amending Subsections (a), (b), (b-1), (b-2), (c-1), (d), and (e) and adding
Subsections (g-1) and (k) to read as follows:
(a)iiIn this section:
(1)ii"Abuse"[, "abuse"] has the meaning assigned by Section 261.001,
Family Code, and includes any sexual conduct involving an educator and a
student or minor.
(2)ii"Other charter entity" means:
(A)iia school district operating under a home-rule school district
charter adopted under Subchapter B, Chapter 12;
(B)iia campus or campus program operating under a charter granted
under Subchapter C, Chapter 12; and
(C)iian entity that contracts to partner with a school district under
Section 11.174(a)(2) to operate a district campus under a charter granted to the
entity by the district under Subchapter C, Chapter 12.
(b)iiIn addition to the reporting requirement under Section 261.101, Family
Code, the superintendent or director of a school district, district of innovation,
open-enrollment charter school, other charter entity, regional education service
center, or shared services arrangement shall notify the State Board for Educator
Certification if:
(1)iian educator employed by or seeking employment by the school
district, district of innovation, charter school, other charter entity, service center,
or shared services arrangement has a criminal record and the school district,
district of innovation, charter school, other charter entity, service center, or shared
services arrangement obtained information about the educator ’s criminal record
by a means other than the criminal history clearinghouse established under
Section 411.0845, Government Code;
(2)iian educator ’s employment at the school district, district of
innovation, charter school, other charter entity, service center, or shared services
arrangement was terminated and there is evidence that the educator:
(A)iiabused or otherwise committed an unlawful act with a student
or minor;
(A-1)iiwas involved in a romantic relationship with or solicited or
engaged in sexual contact with a student or minor;
(B)iipossessed, transferred, sold, or distributed a controlled
substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(C)iiillegally transferred, appropriated, or expended funds or other
property of the school district, district of innovation, charter school, other charter
entity, service center, or shared services arrangement;
6096 86th LEGISLATURE — REGULAR SESSION
(D)iiattempted by fraudulent or unauthorized means to obtain or
alter a professional certificate or license for the purpose of promotion or
additional compensation; or
(E)iicommitted a criminal offense or any part of a criminal offense
on school property or at a school-sponsored event;
(3)iithe educator resigned and there is evidence that the educator
engaged in misconduct described by Subdivision (2); or
(4)iithe educator engaged in conduct that violated the assessment
instrument security procedures established under Section 39.0301.
(b-1)iiA superintendent or director of a school district, district of innovation,
open-enrollment charter school, other charter entity, regional education service
center, or shared services arrangement shall complete an investigation of an
educator that involves evidence that the educator may have engaged in
misconduct described by Subsection (b)(2)(A) or (A-1), despite the educator ’s
resignation from employment before completion of the investigation.
(b-2)iiThe principal of a school district, district of innovation, [or]
open-enrollment charter school, or other charter entity campus must notify the
superintendent or director of the school district, district of innovation, [or] charter
school, or other charter entity not later than the seventh business day after the
date:
(1)iiof an educator ’s termination of employment or resignation
following an alleged incident of misconduct described by Subsection (b); or
(2)iithe principal knew about an educator ’s criminal record under
Subsection (b)(1).
(c-1)iiThe report under Subsection (c):
(1)iimust be:
(A)i[(1)]iiin writing; and
(B)i[(2)]iiin a form prescribed by the board; and
(2)iimay be filed through the Internet portal developed and maintained
by the State Board for Educator Certification under Subsection (g-1).
(d)iiThe superintendent or director shall notify the board of trustees or
governing body of the school district, open-enrollment charter school, other
charter entity, regional education service center, or shared services arrangement
and the educator of the filing of the report required by Subsection (c).
(e)iiA superintendent, director, or principal of a school district, district of
innovation, open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement who in good faith and
while acting in an official capacity files a report with the State Board for Educator
Certification under this section or communicates with another superintendent,
director, or principal concerning an educator ’s criminal record or alleged incident
of misconduct is immune from civil or criminal liability that might otherwise be
incurred or imposed.
(g-1)iiThe State Board for Educator Certification shall develop and maintain
an Internet portal through which a report required under Subsection (c) may be
confidentially and securely filed.
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(k)iiThe commissioner may review the records of a school district, district of
innovation, open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement to ensure compliance
with the requirement to report misconduct under this section.
SECTIONi2A.011.iiSection 21.0061, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as follows:
(a)iiThe board of trustees or governing body of a school district, district of
innovation, open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement shall adopt a policy
under which notice is provided to the parent or guardian of a student with whom
an educator is alleged to have engaged in misconduct described by Section
21.006(b)(2)(A) or (A-1) informing the parent or guardian:
(1)iithat the alleged misconduct occurred;
(2)iiwhether the educator was terminated following an investigation of
the alleged misconduct or resigned before completion of the investigation; and
(3)iiwhether a report was submitted to the State Board for Educator
Certification concerning the alleged misconduct.
(c)iiIn this section, "other charter entity" has the meaning assigned by
Section 21.006.
SECTIONi2A.012.iiSubchapter B, Chapter 21, Education Code, is amended
by adding Section 21.0585 to read as follows:
Sec.i21.0585.iiNOTICE TO AGENCY REGARDING REVOCATION OF
CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
promptly notify the agency for purposes of Section 22.092 if the board revokes a
certificate or permit of a person on a finding that the person engaged in
misconduct described by Section 21.006(b)(2)(A) or (A-1).
SECTIONi2A.013.iiSubchapter C, Chapter 22, Education Code, is amended
by adding Sections 22.0815 and 22.0825 to read as follows:
Sec.i22.0815.iiAPPLICABILITY OF SUBCHAPTER TO DISTRICTS OF
INNOVATION AND OTHER CHARTER ENTITIES. (a) In this section, "other
charter entity" has the meaning assigned by Section 21.006.
(b)iiA prohibition, restriction, or requirement imposed by this subchapter on
an open-enrollment charter school applies to the same extent to a district of
innovation or other charter entity.
(c)iiThe failure of a district of innovation to provide information required
under Section 22.0832 may result in termination of the district ’s designation as a
district of innovation.
Sec.i22.0825.iiACCESS TO CRIMINAL HISTORY RECORDS BY
TEXAS EDUCATION AGENCY. (a) In this section, "other charter entity" has
the meaning assigned by Section 21.006.
(b)iiThe agency shall subscribe to the criminal history clearinghouse as
provided by Section 411.0845, Government Code, and may obtain from any law
enforcement or criminal justice agency all criminal history record information
and all records contained in any closed criminal investigation file that relate to a
6098 86th LEGISLATURE — REGULAR SESSION
specific applicant for employment or current or former employee of a school
district, district of innovation, open-enrollment charter school, other charter
entity, regional education service center, or shared services arrangement.
SECTIONi2A.014.iiThe heading to Section 22.085, Education Code, is
amended to read as follows:
Sec.i22.085.iiEMPLOYEES AND APPLICANTS CONVICTED OF OR
PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION
FOR CERTAIN OFFENSES.
SECTIONi2A.015.iiSections 22.085(a) and (e), Education Code, are
amended to read as follows:
(a)iiA school district, open-enrollment charter school, or shared services
arrangement shall discharge or refuse to hire an employee or applicant for
employment if the district, school, or shared services arrangement obtains
information through a criminal history record information review that[:
[(1)]iithe employee or applicant has been:
(1)iiconvicted of or placed on deferred adjudication community
supervision for[:
[(A)iia felony offense under Title 5, Penal Code;
[(B)]iian offense for [on conviction of] which a defendant is
required to register as a sex offender under Chapter 62, Code of Criminal
Procedure; or
(2)iiconvicted of:
(A)iia felony offense under Title 5, Penal Code, if the victim of the
offense was under 18 years of age at the time the offense was committed; or
(B)i[(C)]iian offense under the laws of another state or federal law
that is equivalent to an offense under Subdivision (1) or Paragraph (A) [or (B);
and
[(2)iiat the time the offense occurred, the victim of the offense described
by Subdivision (1) was under 18 years of age or was enrolled in a public school].
(e)iiThe State Board for Educator Certification may impose a sanction on an
educator who does not discharge an employee or refuse to hire an applicant for
employment if the educator knows or should have known, through a criminal
history record information review, that the employee or applicant has been:
(1)iiconvicted of or placed on deferred adjudication community
supervision for an offense described by Subsection (a)(1); or
(2)iiconvicted of an offense described by Subsection (a)(2) [(a)].
SECTIONi2A.016.iiChapter 22, Education Code, is amended by adding
Subchapter C-1 to read as follows:
SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN
PUBLIC SCHOOLS
Sec.i22.091.iiDEFINITION. In this subchapter, "other charter entity" has the
meaning assigned by Section 21.006.
Sec.i22.092.iiREGISTRY OF PERSONS NOT ELIGIBLE FOR
EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
make available through the Internet portal developed and maintained by the
agency under Section 22.095 a registry of persons who are not eligible to be
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employed by a school district, district of innovation, open-enrollment charter
school, other charter entity, regional education service center, or shared services
arrangement.
(b)iiA school district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared services
arrangement shall discharge or refuse to hire a person listed on the registry
maintained under this section.
(c)iiThe registry maintained under this section must list the following
persons as not eligible to be employed by public schools:
(1)iia person determined by the agency under Section 22.0832 as a
person who would not be eligible for educator certification under Subchapter B,
Chapter 21;
(2)iia person determined by the agency to be not eligible for
employment based on the person ’s criminal history record information review, as
provided by Section 22.0833;
(3)iia person who is not eligible for employment based on criminal
history record information received by the agency under Section 21.058(b);
(4)iia person whose certification or permit issued under Subchapter B,
Chapter 21, is revoked by the State Board for Educator Certification on a finding
that the person engaged in misconduct described by Section 21.006(b)(2)(A) or
(A-1); and
(5)iia person who is determined by the commissioner under Section
22.094 to have engaged in misconduct described by Section 22.093(c)(1)(A) or
(B).
(d)iiThe agency shall provide private schools and public schools equivalent
access to the registry maintained under this section.
(e)iiThe agency shall adopt rules as necessary to implement this section.
S e c . i 2 2 . 0 9 3 . i i R E Q U I R E M E N T T O R E P O RT E M P L O Y E E
MISCONDUCT. (a) In this section, "abuse" has the meaning assigned by
Section 261.001, Family Code, and includes any sexual conduct involving a
student or minor.
(b)iiThis section applies to a person who is employed by a school district,
district of innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement and who does
not hold a certification or permit issued under Subchapter B, Chapter 21.
(c)iiIn addition to the reporting requirement under Section 261.101, Family
Code, the superintendent or director of a school district, district of innovation,
open-enrollment charter school, other charter entity, regional education service
center, or shared services arrangement shall notify the commissioner if:
(1)iian employee ’s employment at the school district, district of
innovation, charter school, other charter entity, service center, or shared services
arrangement was terminated and there is evidence that the employee:
(A)iiabused or otherwise committed an unlawful act with a student
or minor; or
(B)iiwas involved in a romantic relationship with or solicited or
engaged in sexual contact with a student or minor; or
6100 86th LEGISLATURE — REGULAR SESSION
(2)iithe employee resigned and there is evidence that the employee
engaged in misconduct described by Subdivision (1).
(d)iiA superintendent or director of a school district, district of innovation,
open-enrollment charter school, other charter entity, regional education service
center, or shared services arrangement shall complete an investigation of an
employee that involves evidence that the employee may have engaged in
misconduct described by Subsection (c)(1)(A) or (B), despite the employee ’s
resignation from employment before completion of the investigation.
(e)iiThe principal of a school district, district of innovation, open-enrollment
charter school, or other charter entity campus must notify the superintendent or
director of the school district, district of innovation, charter school, or other
charter entity not later than the seventh business day after the date of an
employee ’s termination of employment or resignation following an alleged
incident of misconduct described by Subsection (c)(1)(A) or (B).
(f)iiThe superintendent or director must notify the commissioner by filing a
report with the commissioner not later than the seventh business day after the date
the superintendent or director receives a report from a principal under Subsection
(e) or knew about an employee ’s termination of employment or resignation
following an alleged incident of misconduct described by Subsection (c)(1)(A) or
(B). The report must be:
(1)iiin writing; and
(2)iiin a form prescribed by the commissioner.
(g)iiThe superintendent or director shall notify the board of trustees or
governing body of the school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service center, or shared
services arrangement and the employee of the filing of the report required by
Subsection (f).
(h)iiA superintendent or director who in good faith and while acting in an
official capacity files a report with the commissioner under Subsection (f) or a
principal who in good faith and while acting in an official capacity notifies a
superintendent or director under Subsection (e) is immune from civil or criminal
liability that might otherwise be incurred or imposed.
(i)iiThe commissioner shall refer an educator who fails to file a report in
violation of Subsection (f) to the State Board for Educator Certification, and the
board shall determine whether to impose sanctions against the educator.
(j)iiThe name of a student or minor who is the victim of abuse or unlawful
conduct by an employee must be included in a report filed under this section, but
the name of the student or minor is not public information under Chapter 552,
Government Code.
(k)iiA superintendent or director required to file a report under Subsection
(f) commits an offense if the superintendent or director fails to file the report by
the date required by that subsection with intent to conceal an employee s’ criminal
record or alleged incident of misconduct. A principal required to notify a
superintendent or director about an employee ’s alleged incident of misconduct
under Subsection (e) commits an offense if the principal fails to provide the
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6101
notice by the date required by that subsection with intent to conceal an
employee ’s alleged incident of misconduct. An offense under this subsection is a
state jail felony.
(l)iiThe commissioner may review the records of a school district, district of
innovation, open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement to ensure compliance
with the requirement to report misconduct under this section.
(m)iiThe commissioner shall adopt rules as necessary to implement this
section.
S e c . i 2 2 . 0 9 4 . i i N O T I C E O F A L L E G E D M I S C O N D U C T;
INVESTIGATION; HEARING. (a) A person described by Section 22.093(b)
and who is the subject of a report that alleges misconduct described by Section
22.093(c)(1)(A) or (B) is entitled to a hearing on the merits of the allegations of
misconduct under the procedures provided by Chapter 2001, Government Code,
to contest the allegation in the report.
(b)iiOn receiving a report filed under Section 22.093(f), the commissioner
shall promptly send to the person who is the subject of the report a notice that
includes:
(1)iia statement informing the person that the person must request a
hearing on the merits of the allegations of misconduct within the period provided
by Subsection (c);
(2)iia request that the person submit a written response within the period
provided by Subsection (c) to show cause why the commissioner should not
pursue an investigation; and
(3)iia statement informing the person that if the person does not timely
submit a written response to show cause as provided by Subdivision (2), the
agency shall provide information indicating the person is under investigation in
the manner provided by Subsection (d).
(c)iiA person entitled to a hearing under Subsection (a) must request a
hearing and submit a written response to show cause not later than the 10th day
after the date the person receives the notice from the commissioner provided
under Subsection (b).
(d)iiIf a person who receives notice provided under Subsection (b) does not
timely submit a written response to show cause why the commissioner should not
pursue an investigation, the commissioner shall instruct the agency to make
available through the Internet portal developed and maintained by the agency
under Section 22.095 information indicating that the person is under investigation
for alleged misconduct.
(e)iiIf a person entitled to a hearing under Subsection (a) does not request a
hearing as provided by Subsection (c), the commissioner shall:
(1)iibased on the report filed under Section 22.093(f), make a
determination whether the person engaged in misconduct; and
(2)iiif the commissioner determines that the person engaged in
misconduct described by Section 22.093(c)(1)(A) or (B), instruct the agency to
add the person ’s name to the registry maintained under Section 22.092.
6102 86th LEGISLATURE — REGULAR SESSION
(f)iiIf a person entitled to a hearing under Subsection (a) requests a hearing
as provided by Subsection (c) and the final decision in that hearing determines
that the person engaged in misconduct described by Section 22.093(c)(1)(A) or
(B), the commissioner shall instruct the agency to add the person ’s name to the
registry maintained under Section 22.092.
(g)iiIf a person entitled to a hearing under Subsection (a) requests a hearing
as provided by Subsection (c) and the final decision in that hearing determines
that the person did not engage in misconduct described by Section
22.093(c)(1)(A) or (B), the commissioner shall instruct the agency to
immediately remove from the Internet portal developed and maintained by the
agency under Section 22.095 the information indicating that the person is under
investigation for alleged misconduct.
(h)iiThe commissioner shall adopt rules as necessary to implement this
section.
Sec.i22.095.iiINTERNET PORTAL. The agency shall develop and maintain
an Internet portal through which:
(1)iia report required under Section 22.093(f) may be confidentially and
securely filed; and
(2)iithe agency makes available:
(A)iithe registry of persons who are not eligible to be employed in
public schools as described by Section 22.092; and
(B)iiinformation indicating that a person is under investigation for
alleged misconduct in accordance with Section 22.094(d), provided that the
agency must provide the information through a procedure other than the registry
described under Paragraph (A).
Sec.i22.096.iiCOMPLIANCE MONITORING. The agency shall
periodically conduct site visits and review the records of school districts, districts
of innovation, open-enrollment charter schools, other charter entities, regional
education service centers, and shared services arrangements to ensure compliance
with Section 22.092(b).
SECTIONi2A.017.iiSection 39.0302(a), Education Code, is amended to
read as follows:
(a)iiDuring an agency investigation or audit of a school district under
Section 39.0301(e) or (f), an accreditation investigation under Section
39.057(a)(8) or (14), a compliance review under Section 21.006(k), 22.093(l), or
22.096, or an investigation by the State Board for Educator Certification of an
educator for an alleged violation of an assessment instrument security procedure
established under Section 39.0301(a), the commissioner may issue a subpoena to
compel the attendance of a relevant witness or the production, for inspection or
copying, of relevant evidence that is located in this state.
ARTICLE 3. CONFORMING CHANGES
SECTIONi3.001.iiSections 7.055(b)(34) and (35), Education Code, are
amended to read as follows:
(34)iiThe commissioner shall perform duties in connection with the
options for local revenue levels in excess of entitlement [equalized wealth level]
under Chapter 49 [41].
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6103
(35)iiThe commissioner shall perform duties in connection with the
Foundation School Program as prescribed by Chapter 48 [42].
SECTIONi3.002.iiSections 7.062(a) and (c), Education Code, are amended
to read as follows:
(a)iiIn this section, "wealth per student" means a school district ’s taxable
value of property as determined under Subchapter M, Chapter 403, Government
Code, or, if applicable, Section 48.258 [42.2521], divided by the district ’s
average daily attendance as determined under Section 48.005 [42.005].
(c)iiExcept as otherwise provided by this subsection, if the commissioner
certifies that the amount appropriated for a state fiscal year for purposes of
Subchapters A and B, Chapter 46, exceeds the amount to which school districts
are entitled under those subchapters for that year, the commissioner shall use the
excess funds, in an amount not to exceed $20 million in any state fiscal year, for
the purpose of making grants under this section. The use of excess funds under
this subsection has priority over any provision of Chapter 48 [42] that permits or
directs the use of excess foundation school program funds, including Sections
48.258 [42.2517, 42.2521], 48.259 [42.2522], and 48.267 [42.2531]. The
commissioner is required to use excess funds as provided by this subsection only
if the commissioner is not required to reduce the total amount of state funds
allocated to school districts under Section 48.266(f) [42.253(h)].
SECTIONi3.003.iiSection 7.102(c)(30), Education Code, is amended to
read as follows:
(30)iiThe board shall perform duties in connection with the Foundation
School Program as prescribed by Chapter 48 [42].
SECTIONi3.004.iiSection 8.051(d), Education Code, is amended to read as
follows:
(d)iiEach regional education service center shall maintain core services for
purchase by school districts and campuses. The core services are:
(1)iitraining and assistance in:
(A)iiteaching each subject area assessed under Section 39.023; and
(B)iiproviding instruction in personal financial literacy as required
under Section 28.0021;
(2)iitraining and assistance in providing a gifted and talented program
and each program that qualifies for a funding allotment under Section
48.102i[42.151], 48.104 [42.152], or 48.105 [42.153, or 42.156];
(3)iiassistance specifically designed for a school district or campus
assigned an unacceptable performance rating under Section 39.054;
(4)iitraining and assistance to teachers, administrators, members of
district boards of trustees, and members of site-based decision-making
committees;
(5)iiassistance specifically designed for a school district that is
considered out of compliance with state or federal special education
requirements, based on the agency ’s most recent compliance review of the
district ’s special education programs; and
(6)iiassistance in complying with state laws and rules.
6104 86th LEGISLATURE — REGULAR SESSION
SECTIONi3.005.iiSection 8.056, Education Code, is amended to read as
follows:
Sec.i8.056.iiLIMITATION ON COMPENSATION FOR CERTAIN
SERVICES. A regional education service center that acts as a fiscal agent or
broker in connection with an agreement between two school districts under
Subchapter E, Chapter 49 [41], may not, unless authorized in writing by the
district receiving transferred funds in accordance with the agreement:
(1)iibe compensated by the districts in an amount that exceeds the
administrative cost of providing the service; or
(2)iiotherwise retain for use by the center any amount other than the
compensation permitted under Subdivision (1) from the funds transferred
between the districts in accordance with the agreement.
SECTIONi3.006.iiSection 11.158(a), Education Code, is amended to read as
follows:
(a)iiThe board of trustees of an independent school district may require
payment of:
(1)iia 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)iimembership dues in student organizations or clubs and admission
fees or charges for attending extracurricular activities, if membership or
attendance is voluntary;
(3)iia security deposit for the return of materials, supplies, or equipment;
(4)iia 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)iia 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)iia fee specifically permitted by any other statute;
(7)iia fee for an authorized voluntary student health and accident benefit
plan;
(8)iia 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)iia fee for items of personal apparel that become the property of the
student and that are used in extracurricular activities;
(10)iia parking fee or a fee for an identification card;
(11)iia fee for a driver training course, not to exceed the actual district
cost per student in the program for the current school year;
(12)iia 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;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6105
(13)iia 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)iia 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 48.151(d) [42.155(d)];
(15)iia 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)iiif the district does not receive any funds under Section
48.151i[42.155] and does not participate in a county transportation system for
which an allotment is provided under Section 48.151(i) [42.155(i)], a reasonable
fee for the transportation of a student to and from the school the student attends.
SECTIONi3.007.iiSection 11.174(a), Education Code, is amended to read as
follows:
(a)iiA school district campus qualifies for an exemption from intervention as
provided by Subsection (f) and qualifies for funding as provided by Section
48.252i[42.2511] if the board of trustees of the district contracts to partner to
operate the district campus as provided by this section with:
(1)iithe governing body of an open-enrollment charter school; or
(2)iion approval by the commissioner, an entity granted a charter by the
district under Subchapter C, Chapter 12, that is eligible to be awarded a charter
under Section 12.101(a).
SECTIONi3.008.iiSection 12.013(b), Education Code, is amended to read as
follows:
(b)iiA home-rule school district is subject to:
(1)iia provision of this title establishing a criminal offense;
(2)iia provision of this title relating to limitations on liability; and
(3)iia prohibition, restriction, or requirement, as applicable, imposed by
this title or a rule adopted under this title, relating to:
(A)iithe Public Education Information Management System
(PEIMS) to the extent necessary to monitor compliance with this subchapter as
determined by the commissioner;
(B)iieducator certification under Chapter 21 and educator rights
under Sections 21.407, 21.408, and 22.001;
(C)iicriminal history records under Subchapter C, Chapter 22;
(D)iistudent admissions under Section 25.001;
(E)iischool attendance under Sections 25.085, 25.086, and 25.087;
(F)iiinter-district or inter-county transfers of students under
Subchapter B, Chapter 25;
(G)iielementary class size limits under Section 25.112, in the case
of any campus in the district that fails to satisfy any standard under Section
39.054(e);
6106 86th LEGISLATURE — REGULAR SESSION
(H)iihigh school graduation under Section 28.025;
(I)iispecial education programs under Subchapter A, Chapter 29;
(J)iibilingual education under Subchapter B, Chapter 29;
(K)iiprekindergarten programs under Subchapter E, Chapter 29;
(L)iisafety provisions relating to the transportation of students under
Sections 34.002, 34.003, 34.004, and 34.008;
(M)iicomputation and distribution of state aid under Chapters 31,
[42, and] 43, and 48;
(N)iiextracurricular activities under Section 33.081;
(O)iihealth and safety under Chapter 38;
(P)iipublic school accountability under Subchapters B, C, D, and J,
Chapter 39, and Chapter 39A;
(Q)iioptions for local revenue levels in excess of entitlement
[equalized wealth] under Chapter 49 [41];
(R)iia bond or other obligation or tax rate under Chapters [42,] 43,
[and] 45, and 48; and
(S)iipurchasing under Chapter 44.
SECTIONi3.009.iiSection 12.029(b), Education Code, is amended to read as
follows:
(b)iiExcept as provided by Subchapter H, Chapter 49 [41], if two or more
school districts having different status, one of which is home-rule school district
status, consolidate into a single district, the petition under Section
13.003iinitiating the consolidation must state the status for the consolidated
district. The ballot shall be printed to permit voting for or against the proposition:
"Consolidation of (names of school districts) into a single school district
governed as (status of school district specified in the petition)."
SECTIONi3.010.iiSection 13.051(c), Education Code, is amended to read as
follows:
(c)iiTerritory that does not have residents may be detached from a school
district and annexed to another school district if:
(1)iithe total taxable value of the property in the territory according to
the most recent certified appraisal roll for each school district is not greater than:
(A)iifive percent of the district ’s taxable value of all property in that
district as determined under Subchapter M, Chapter 403, Government Code; and
(B)ii$5,000 property value per student in average daily attendance
as determined under Section 48.005 [42.005]; and
(2)iithe school district from which the property will be detached does
not own any real property located in the territory.
SECTIONi3.011.iiSection 13.054(i), Education Code, is amended to read as
follows:
(i)iiThe funding provided under Subsection (f), (g), or (h) is in addition to
other funding the district receives through other provisions of this code, including
Chapters 48 [41] and 49 [42].
SECTIONi3.012.iiSections 13.282(a) and (b), Education Code, are amended
to read as follows:
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(a)iiThe amount of incentive aid payments may not exceed the difference
between:
(1)iithe sum of the entitlements computed under Section
48.266i[42.253] that would have been paid to the districts included in the
reorganized district if the districts had not been consolidated; and
(2)iithe amount to which the reorganized district is entitled under
Section 48.266i[42.253].
(b)iiIf the reorganized district is not eligible for an entitlement under Section
48.266i[42.253], the amount of the incentive aid payments may not exceed the
sum of the entitlements computed under Section 48.266i[42.253] for which the
districts included in the reorganized district were eligible in the school year when
they were consolidated.
SECTIONi3.013.iiSection 13.283, Education Code, is amended to read as
follows:
Sec.i13.283.iiPAYMENTS REDUCED. The incentive aid payments shall be
reduced in direct proportion to any reduction in the average daily attendance as
determined under Section 48.005 [42.005] of the reorganized school district for
the preceding year.
SECTIONi3.014.iiSection 21.402(a), Education Code, is amended to read as
follows:
(a)iiExcept as provided by Subsection (e-1) or (f), a school district must pay
each classroom teacher, full-time librarian, full-time school counselor certified
under Subchapter B, or full-time school nurse not less than the minimum monthly
salary, based on the employee ’s level of experience in addition to other factors, as
determined by commissioner rule, determined by the following formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection (c); and
"FS" is the amount, as determined by the commissioner under Subsection
(b), of the basic allotment as provided by Section 48.051(a) [42.101(a)] or (b) for
a school district with a maintenance and operations tax rate at least equal to the
state maximum compressed tax rate, as defined by Section 48.051(a) [42.101(a)].
SECTIONi3.015.iiSection 21.4021(a), Education Code, is amended to read
as follows:
(a)iiNotwithstanding Section 21.401 and subject to Section 21.4022, the
board of trustees of a school district may, in accordance with district policy,
implement a furlough program and reduce the number of days of service
otherwise required under Section 21.401 by not more than six days of service
during a school year if the commissioner certifies in accordance with Section
48.010 [42.009] that the district will be provided with less state and local funding
for that year than was provided to the district for the 2010-2011 school year.
SECTIONi3.016.iiSection 25.001(a), Education Code, is amended to read as
follows:
6108 86th LEGISLATURE — REGULAR SESSION
(a)iiA person who, on the first day of September of any school year, is at
least five years of age and under 21 years of age, or is at least 21 years of age and
under 26 years of age and is admitted by a school district to complete the
requirements for a high school diploma is entitled to the benefits of the available
school fund for that year. Any other person enrolled in a prekindergarten class
under Section 29.153 [or Subchapter E-1, Chapter 29,] is entitled to the benefits
of the available school fund.
SECTIONi3.017.iiSection 25.008(b), Education Code, is amended to read as
follows:
(b)iiSubsection (a) does not apply to enrollment in a program under Section
29.088 or [,] 29.090[, or 29.098] or in a similar intensive program.
SECTIONi3.018.iiSection 25.081(e), Education Code, is amended to read as
follows:
(e)iiA school district or education program is exempt from the minimum
minutes of operation requirement if the district ’s or program ’s average daily
attendance is calculated under Section 48.005(j) [42.005(j)].
SECTIONi3.019.iiSection 25.081(f), Education Code, as added by Chapter
851 (HBi2442), Acts of the 85th Legislature, Regular Session, 2017, is amended
to read as follows:
(f)iiThe commissioner may proportionally reduce the amount of funding a
district receives under Chapter [41, 42, or] 46, 48, or 49 and the average daily
attendance calculation for the district if the district operates on a calendar that
provides fewer minutes of operation than required under Subsection (a).
SECTIONi3.020.iiSections 25.112(a) and (b), Education Code, are amended
to read as follows:
(a)iiExcept as otherwise authorized by this section, a school district may not
enroll more than 22 students in a kindergarten, first, second, third, or fourth grade
class. That limitation does not apply during:
(1)iiany 12-week period of the school year selected by the district, in the
case of a district whose average daily attendance is adjusted under Section
48.005(c) [42.005(c)]; or
(2)iithe last 12 weeks of any school year in the case of any other district.
(b)iiNot later than the 30th day after the first day of the 12-week period for
which a district whose average daily attendance is adjusted under Section
48.005(c) [42.005(c)] is claiming an exemption under Subsection (a), the district
shall notify the commissioner in writing that the district is claiming an exemption
for the period stated in the notice.
SECTIONi3.021.iiSection 28.0061(b), Education Code, is amended to read
as follows:
(b)iiA school district is eligible to participate in the pilot program if, as
determined by the commissioner, the district has low student performance on:
(1)iia reading instrument administered in accordance with Section
28.006(c) or (c-2); or
(2)iia third grade reading assessment instrument administered under
Section 39.023(a).
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SECTIONi3.022.iiSection 28.0211(m-1), Education Code, is amended to
read as follows:
(m-1)iiFor purposes of certification under Subsection (m), the commissioner
may not consider Foundation School Program funds except for compensatory
education funds under Section 48.104 [42.152].iiThis section may be
implemented only if the commissioner certifies that sufficient funds have been
appropriated during a school year for administering the accelerated instruction
programs specified under this section and Section 28.0217, including teacher
training for that purpose.
SECTIONi3.023.iiSection 29.001, Education Code, is amended to read as
follows:
Sec.i29.001.iiSTATEWIDE PLAN.iiThe agency shall develop, and modify
as necessary, a statewide design, consistent with federal law, for the delivery of
services to children with disabilities in this state that includes rules for the
administration and funding of the special education program so that a free
appropriate public education is available to all of those children between the ages
of three and 21.iiThe statewide design shall include the provision of services
primarily through school districts and shared services arrangements,
supplemented by regional education service centers.iiThe agency shall also
develop and implement a statewide plan with programmatic content that includes
procedures designed to:
(1)iiensure state compliance with requirements for supplemental federal
funding for all state-administered programs involving the delivery of instructional
or related services to students with disabilities;
(2)iifacilitate interagency coordination when other state agencies are
involved in the delivery of instructional or related services to students with
disabilities;
(3)iiperiodically assess statewide personnel needs in all areas of
specialization related to special education and pursue strategies to meet those
needs through a consortium of representatives from regional education service
centers, local education agencies, and institutions of higher education and
through other available alternatives;
(4)iiensure that regional education service centers throughout the state
maintain a regional support function, which may include direct service delivery
and a component designed to facilitate the placement of students with disabilities
who cannot be appropriately served in their resident districts;
(5)iiallow the agency to effectively monitor and periodically conduct
site visits of all school districts to ensure that rules adopted under this section are
applied in a consistent and uniform manner, to ensure that districts are complying
with those rules, and to ensure that annual statistical reports filed by the districts
and not otherwise available through the Public Education Information
Management System under Sections 48.008 and 48.009 [Section 42.006] are
accurate and complete;
6110 86th LEGISLATURE — REGULAR SESSION
(6)iiensure that appropriately trained personnel are involved in the
diagnostic and evaluative procedures operating in all districts and that those
personnel routinely serve on district admissions, review, and dismissal
committees;
(7)iiensure that an individualized education program for each student
with a disability is properly developed, implemented, and maintained in the least
restrictive environment that is appropriate to meet the student ’s educational
needs;
(8)iiensure that, when appropriate, each student with a disability is
provided an opportunity to participate in career and technology and physical
education classes, in addition to participating in regular or special classes;
(9)iiensure that each student with a disability is provided necessary
related services;
(10)iiensure that an individual assigned to act as a surrogate parent for a
child with a disability, as provided by 20iU.S.C.iSection 1415(b), is required to:
(A)iicomplete a training program that complies with minimum
standards established by agency rule;
(B)iivisit the child and the child ’s school;
(C)iiconsult with persons involved in the child ’s education,
including teachers, caseworkers, court-appointed volunteers, guardians ad litem,
attorneys ad litem, foster parents, and caretakers;
(D)iireview the child ’s educational records;
(E)iiattend meetings of the child ’s admission, review, and dismissal
committee;
(F)iiexercise independent judgment in pursuing the child ’s interests;
and
(G)iiexercise the child ’s due process rights under applicable state
and federal law; and
(11)iiensure that each district develops a process to be used by a teacher
who instructs a student with a disability in a regular classroom setting:
(A)iito request a review of the student ’s individualized education
program;
(B)iito provide input in the development of the student ’s
individualized education program;
(C)iithat provides for a timely district response to the teacher ’s
request; and
(D)iithat provides for notification to the student ’s parent or legal
guardian of that response.
SECTIONi3.024.iiSection 29.002, Education Code, is amended to read as
follows:
Sec.i29.002.iiDEFINITION. In this subchapter, "special services" means:
(1)iispecial education instruction, which may be provided by
professional and supported by paraprofessional personnel in the regular
classroom or in an instructional arrangement described by Section
48.102i[42.151]; and
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(2)iirelated services, which are developmental, corrective, supportive, or
evaluative services, not instructional in nature, that may be required for the
student to benefit from special education instruction and for implementation of a
student ’s individualized education program.
SECTIONi3.025.iiSection 29.008(b), Education Code, is amended to read as
follows:
(b)iiExcept as provided by Subsection (c), costs of an approved contract for
residential placement may be paid from a combination of federal, state, and local
funds. The local share of the total contract cost for each student is that portion of
the local tax effort that exceeds the district ’s local fund assignment under Section
48.256 [42.252], divided by the average daily attendance in the district. If the
contract involves a private facility, the state share of the total contract cost is that
amount remaining after subtracting the local share. If the contract involves a
public facility, the state share is that amount remaining after subtracting the local
share from the portion of the contract that involves the costs of instructional and
related services. For purposes of this subsection, "local tax effort" means the total
amount of money generated by taxes imposed for debt service and maintenance
and operation less any amounts paid into a tax increment fund under Chapter 311,
Tax Code.
SECTIONi3.026.iiSection 29.014(d), Education Code, is amended to read as
follows:
(d)iiThe basic allotment for a student enrolled in a district to which this
section applies is adjusted by[:
[(1)iithe cost of education adjustment under Section 42.102 for the
school district in which the district is geographically located; and
[(2)]iithe weight for a homebound student under Section 48.102(a)
[42.151(a)].
SECTIONi3.027.iiSection 29.018(b), Education Code, is amended to read as
follows:
(b)iiA school district is eligible to apply for a grant under this section if:
(1)iithe district does not receive sufficient funds, including state funds
provided under Section 48.102 [42.151] and federal funds, for a student with
disabilities to pay for the special education services provided to the student; or
(2)iithe district does not receive sufficient funds, including state funds
provided under Section 48.102 [42.151] and federal funds, for all students with
disabilities in the district to pay for the special education services provided to the
students.
SECTIONi3.028.iiSection 29.022(u)(3), Education Code, is amended to
read as follows:
(3)ii"Self-contained classroom" does not include a classroom that is a
resource room instructional arrangement under Section 48.102 [42.151].
SECTIONi3.029.iiSection 29.081(b-2), Education Code, is amended to read
as follows:
6112 86th LEGISLATURE — REGULAR SESSION
(b-2)iiA district that is required to provide accelerated instruction under
Subsection (b-1) shall separately budget sufficient funds, including funds under
Section 48.104 [42.152], for that purpose. [A district may not budget funds
received under Section 42.152 for any other purpose until the district adopts a
budget to support additional accelerated instruction under Subsection (b-1).]
SECTIONi3.030.iiSection 29.082(a), Education Code, is amended to read as
follows:
(a)iiA school district may set aside an amount from the district ’s allotment
under Section 48.104 [42.152] or may apply to the agency for funding of an
extended year program for a period not to exceed 30 instructional days for
students in:
(1)iikindergarten through grade 11 who are identified as likely not to be
promoted to the next grade level for the succeeding school year; or
(2)iigrade 12 who are identified as likely not to graduate from high
school before the beginning of the succeeding school year.
SECTIONi3.031.iiSection 29.086(e), Education Code, is amended to read as
follows:
(e)iiThe amount of a grant under this section must take into account funds
distributed to the school district under Chapter 48 [42].
SECTIONi3.032.iiSections 29.087(h) and (j), Education Code, are amended
to read as follows:
(h)iiA student who has received a high school equivalency certificate is
entitled to enroll in a public school as authorized by Section 25.001 and is
entitled to the benefits of the Foundation School Program under Section
48.003i[42.003] in the same manner as any other student who has not received a
high school diploma.
(j)iiFor purposes of funding under Chapters [41, 42, and] 46, 48, and 49, a
student attending a program authorized by this section may be counted in
attendance only for the actual number of hours each school day the student
attends the program, in accordance with Section 25.081.
SECTIONi3.033.iiSection 29.089(b), Education Code, is amended to read as
follows:
(b)iiThe commissioner, in consultation with the governor, lieutenant
governor, and speaker of the house of representatives, by rule shall determine
accountability standards under this section for a school district providing a
mentoring services program using funds allocated under Section 48.104 [42.152].
SECTIONi3.034.iiSections 29.203(b) and (c), Education Code, are amended
to read as follows:
(b)iiA school district is entitled to the allotment provided by Section
48.107i[42.157] for each eligible student using a public education grant. If the
district has a local revenue level [wealth per student] greater than the guaranteed
local revenue [wealth] level but less than the [equalized wealth] level established
under Section 48.257, a school district is entitled under rules adopted by the
commissioner to additional state aid in an amount equal to the difference between
the cost to the district of providing services to a student using a public education
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6113
grant and the sum of the state aid received because of the allotment under Section
48.107i[42.157] and money from the available school fund attributable to the
student.
(c)iiA school district is entitled to additional facilities assistance under
Section 48.301 [42.4101] if the district agrees to:
(1)iiaccept a number of students using public education grants that is at
least one percent of the district ’s average daily attendance for the preceding
school year; and
(2)iiprovide services to each student until the student either voluntarily
decides to attend a school in a different district or graduates from high school.
SECTIONi3.035.iiSection 29.203(g)(2), Education Code, is amended to
read as follows:
(2)ii"Guaranteed local revenue [wealth] level" means a local revenue
level [wealth per student] equal to the dollar amount guaranteed level of state and
local funds per weighted student per cent of tax effort, as provided by Section
48.202 [42.302], multiplied by 10,000.
SECTIONi3.036.iiSection 29.403(b), Education Code, is amended to read as
follows:
(b)iiA student who is enrolled in a program under this subchapter is included
in determining the average daily attendance under Section 48.005 [42.005] of the
partnering school district.
SECTIONi3.037.iiSections 29.918(a) and (b), Education Code, are amended
to read as follows:
(a)iiNotwithstanding Section 48.104 [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 48.104 [42.152 and the high school allotment under
Section 42.160] for developing and implementing research-based strategies for
dropout prevention.iiThe 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)iiA 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).iiThe
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.
SECTIONi3.038.iiSection 30A.002(a), Education Code, is amended to read
as follows:
(a)iiA student is eligible to enroll in a course provided through the state
virtual school network only if the student:
(1)iion September 1 of the school year:
6114 86th LEGISLATURE — REGULAR SESSION
(A)iiis younger than 21 years of age; or
(B)iiis younger than 26 years of age and entitled to the benefits of
the Foundation School Program under Section 48.003 [42.003];
(2)iihas not graduated from high school; and
(3)iiis otherwise eligible to enroll in a public school in this state.
SECTIONi3.039.iiSection 30A.153(a), Education Code, is amended to read
as follows:
(a)iiSubject to the limitation imposed under Subsection (a-1), a school
district or open-enrollment charter school in which a student is enrolled is entitled
to funding under Chapter 48 [42] or in accordance with the terms of a charter
granted under Section 12.101 for the student ’s enrollment in an electronic course
offered through the state virtual school network in the same manner that the
district or school is entitled to funding for the student ’s enrollment in courses
provided in a traditional classroom setting, provided that the student successfully
completes the electronic course.
SECTIONi3.040.iiSection 34.002(c), Education Code, is amended to read as
follows:
(c)iiA 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 48.151 [42.155] until the first anniversary
of the date the district begins complying with the safety standards.
SECTIONi3.041.iiSection 37.0061, Education Code, is amended to read as
follows:
Sec.i37.0061.iiFUNDING FOR ALTERNATIVE EDUCATION SERVICES
IN JUVENILE RESIDENTIAL FACILITIES. A school district that provides
education services to pre-adjudicated and post-adjudicated students who are
confined by court order in a juvenile residential facility operated by a juvenile
board is entitled to count such students in the district ’s average daily attendance
for purposes of receipt of state funds under the Foundation School Program. If the
district has a local revenue level [wealth per student] greater than the guaranteed
local revenue [wealth] level but less than the [equalized wealth] level established
under Section 48.257, the district in which the student is enrolled on the date a
court orders the student to be confined to a juvenile residential facility shall
transfer to the district providing education services an amount equal to the
difference between the average Foundation School Program costs per student of
the district providing education services and the sum of the state aid and the
money from the available school fund received by the district that is attributable
to the student for the portion of the school year for which the district provides
education services to the student.
SECTIONi3.042.iiSection 37.011(h), Education Code, is amended to read as
follows:
(h)iiAcademically, the mission of juvenile justice alternative education
programs shall be to enable students to perform at grade level.iiFor purposes of
accountability under Chapters 39 and 39A, a student enrolled in a juvenile justice
alternative education program is reported as if the student were enrolled at the
student ’s assigned campus in the student ’s regularly assigned education program,
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including a special education program.iiAnnually the Texas Juvenile Justice
Department, with the agreement of the commissioner, shall develop and
implement a system of accountability consistent with Chapters 39 and 39A,
where appropriate, to assure that students make progress toward grade level while
attending a juvenile justice alternative education program.iiThe department shall
adopt rules for the distribution of funds appropriated under this section to juvenile
boards in counties required to establish juvenile justice alternative education
programs.iiExcept as determined by the commissioner, a student served by a
juvenile justice alternative education program on the basis of an expulsion
required under Section 37.007(a), (d), or (e) is not eligible for Foundation School
Program funding under Chapter [42 or] 31 or 48 if the juvenile justice alternative
education program receives funding from the department under this subchapter.
SECTIONi3.043.iiSection 39.0233(a), Education Code, is amended to read
as follows:
(a)iiThe 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.
SECTIONi3.044.iiSection 39.027(f), Education Code, is amended to read as
follows:
(f)iiIn this section, "average daily attendance" is computed in the manner
provided by Section 48.005 [42.005].
SECTIONi3.045.iiSection 39.408, Education Code, is amended to read as
follows:
Sec.i39.408.iiELIGIBILITY CRITERIA FOR CERTAIN GRANT
PROGRAMS. A school district or campus is eligible to participate in programs
under Sections 21.4541, 29.095, and 29.096[, 29.097, and 29.098] if the district
or campus exhibited during each of the three preceding school years
characteristics that strongly correlate with high dropout rates.
SECTIONi3.046.iiSection 39.413, Education Code, is amended to read as
follows:
Sec.i39.413.iiFUNDING FOR CERTAIN PROGRAMS. (a) From funds
appropriated, the Texas Higher Education Coordinating Board shall allocate
$8.75imillion each year to establish mathematics, science, and technology teacher
preparation academies under Section 61.0766[, provide funding to the
commissioner of education to implement and administer the program under
Section 29.098,] and award grants under Section 61.0762(a)(3).
(b)iiThe Texas Higher Education Coordinating Board shall establish
mathematics, science, and technology teacher preparation academies under
Section 61.0766[, provide funding to the commissioner of education to
implement and administer the program under Section 29.098,] and award grants
6116 86th LEGISLATURE — REGULAR SESSION
under Section 61.0762(a)(3) in a manner consistent with the goals of this
subchapter and the goals in "Closing the Gaps," the state ’s master plan for higher
education.
SECTIONi3.047.iiSection 39A.903, Education Code, is amended to read as
follows:
Sec.i39A.903.iiCOSTS PAID BY SCHOOL DISTRICT.iiThe costs of
providing a monitor, conservator, management team, campus intervention team,
technical assistance team, managing entity, or service provider under this chapter
shall be paid by the school district.iiIf the district fails or refuses to pay the costs
in a timely manner, the commissioner may:
(1)iipay the costs using amounts withheld from any funds to which the
district is otherwise entitled; or
(2)iirecover the amount of the costs in the manner provided for recovery
of an overallocation of state funds under Section 48.272 [42.258].
SECTIONi3.048.iiSection 43.002(b), Education Code, is amended to read as
follows:
(b)iiOf the amounts available for transfer from the general revenue fund to
the available school fund for the months of January and February of each fiscal
year, no more than the amount necessary to enable the comptroller to distribute
from the available school fund an amount equal to 9-1/2 percent of the estimated
annual available school fund apportionment to category 1 school districts, as
defined by Section 48.273 [42.259], and 3-1/2 percent of the estimated annual
available school fund apportionment to category 2 school districts, as defined by
Section 48.273 [42.259], may be transferred from the general revenue fund to the
available school fund. Any remaining amount that would otherwise be available
for transfer for the months of January and February shall be transferred from the
general revenue fund to the available school fund in equal amounts in June and in
August of the same fiscal year.
SECTIONi3.049.iiSection 44.0011, Education Code, is amended to read as
follows:
Sec.i44.0011.iiFISCAL YEAR. The fiscal year of a school district begins on
July 1 or September 1 of each year, as determined by the board of trustees of the
district. The commissioner may adopt rules concerning the submission of
information by a district under Chapter 39, 39A, or 48 [42] based on the fiscal
year of the district.
SECTIONi3.050.iiSection 44.051, Education Code, is amended to read as
follows:
Sec.i44.051.iiINTERFERENCE WITH OPERATION OF FOUNDATION
SCHOOL PROGRAM. An offense under Section 37.10, Penal Code, is a felony
of the third degree if it is shown on trial of the offense that the governmental
record was a record, form, report, or budget required under Chapter 48 [42] or
rules adopted under that chapter. If the actor s’ intent is to defraud the state or the
public school system, the offense is a felony of the second degree.
SECTIONi3.051.iiSection 45.0011(e), Education Code, is amended to read
as follows:
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(e)iiIn this section, average daily attendance is determined in the manner
provided by Section 48.005 [42.005].
SECTIONi3.052.iiSections 45.0031(b) and (c), Education Code, are
amended to read as follows:
(b)iiA district may demonstrate the ability to comply with Subsection (a) by
using the most recent taxable value of property in the district, combined with
state assistance to which the district is entitled under Chapter [42ior] 46ior 48ithat
may be lawfully used for the payment of bonds.
(c)iiA district may demonstrate the ability to comply with Subsection (a) by
using a projected future taxable value of property in the district anticipated for the
earlier of the tax year five years after the current tax year or the tax year in which
the final payment is due for the bonds submitted to the attorney general,
combined with state assistance to which the district is entitled under Chapter
[42ior] 46ior 48ithat may be lawfully used for the payment of bonds. The district
must submit to the attorney general a certification of the district ’s projected
taxable value of property that is prepared by a registered professional appraiser
certified under Chapter 1151, Occupations Code, who has demonstrated
professional experience in projecting taxable values of property or who can by
contract obtain any necessary assistance from a person who has that experience.
To demonstrate the professional experience required by this subsection, a
registered professional appraiser must provide to the district written
documentation relating to two previous projects for which the appraiser projected
taxable values of property. Until the bonds submitted to the attorney general are
approved or disapproved, the district must maintain the documentation and on
request provide the documentation to the attorney general or comptroller. The
certification of the district ’s projected taxable value of property must be signed by
the district ’s superintendent. The attorney general must base a determination of
whether the district has complied with Subsection (a) on a taxable value of
property that is equal to 90 percent of the value certified under this subsection.
SECTIONi3.053.iiSection 45.251(2), Education Code, is amended to read as
follows:
(2)ii"Foundation School Program" means the program established under
Chapters [41, 42, and] 46, 48, and 49, or any successor program of state
appropriated funding for school districts in this state.
SECTIONi3.054.iiSection 45.259(d), Education Code, is amended to read as
follows:
(d)iiIf money appropriated for the Foundation School Program is used for
purposes of this subchapter and as a result there is insufficient money to fully
fund the Foundation School Program, the commissioner shall, to the extent
necessary, reduce each school district ’s foundation school fund allocations, other
than any portion appropriated from the available school fund, in the same manner
provided by Section 48.266(f) [42.253(h)] for a case in which school district
entitlements exceed the amount appropriated.iiThe following fiscal year, a
district ’s entitlement under Section 48.266i[42.253] is increased by an amount
equal to the reduction under this subsection.
6118 86th LEGISLATURE — REGULAR SESSION
SECTIONi3.055.iiSection 45.261(a), Education Code, is amended to read as
follows:
(a)iiIf the commissioner orders payment from the money appropriated to the
Foundation School Program on behalf of a school district that is not required to
reduce its local revenue level [wealth per student] under Section 48.257 [Chapter
41], the commissioner shall direct the comptroller to withhold the amount paid
from the first state money payable to the district.iiIf the commissioner orders
payment from the money appropriated to the Foundation School Program on
behalf of a school district that is required to reduce its local revenue level [wealth
per student] under Section 48.257 [Chapter 41], the commissioner shall increase
amounts due from the district under Chapter 49 [that chapter] in a total amount
equal to the amount of payments made on behalf of the district under this
subchapter.iiAmounts withheld or received under this subsection shall be used for
the Foundation School Program.
SECTIONi3.056.iiSection 45.263(b), Education Code, is amended to read as
follows:
(b)iiIn adopting rules under Subsection (a), the commissioner shall establish
an annual deadline by which a school district must pay the debt service on bonds
for which credit enhancement is provided under this subchapter.iiThe deadline
established may not be later than the 10th day before the date specified under
Section 48.273 [42.259] for payment to school districts of the final Foundation
School Program installment for a state fiscal year.
SECTIONi3.057.iiSection 46.003(a), Education Code, is amended to read as
follows:
(a)iiFor each year, except as provided by Sections 46.005 and 46.006, a
school district is guaranteed a specified amount per student in state and local
funds for each cent of tax effort, up to the maximum rate under Subsection (b), to
pay the principal of and interest on eligible bonds issued to construct, acquire,
renovate, or improve an instructional facility. The amount of state support is
determined by the formula:
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
where:
"FYA" is the guaranteed facilities yield amount of state funds allocated to
the district for the year;
"FYL" is the dollar amount guaranteed level of state and local funds per
student per cent of tax effort, which is $35 or a greater amount for any year
provided by appropriation;
"ADA" is the greater of the number of students in average daily attendance,
as determined under Section 48.005 [42.005], in the district or 400;
"BTR" is the district ’s bond tax rate for the current year, 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, Section
48.258i[42.2521], divided by 100; and
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"DPV" is the district ’s taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable, Section
48.258i[42.2521].
SECTIONi3.058.iiSection 46.006(g), Education Code, is amended to read as
follows:
(g)iiIn this section, "wealth per student" means a school district ’s taxable
value of property as determined under Subchapter M, Chapter 403, Government
Code, or, if applicable, Section 48.258 [42.2521], divided by the district ’s
average daily attendance as determined under Section 48.005 [42.005].
SECTIONi3.059.iiSections 46.009(b), (c), (e), and (f), Education Code, are
amended to read as follows:
(b)iiIf the amount appropriated for purposes of this subchapter for a year is
less than the total amount determined under Subsection (a) for that year, the
commissioner shall:
(1)iitransfer from the Foundation School Program to the instructional
facilities program the amount by which the total amount determined under
Subsection (a) exceeds the amount appropriated; and
(2)iireduce each district ’s foundation school fund allocations in the
manner provided by Section 48.266(f) [42.253(h)].
(c)iiWarrants for payments under this subchapter shall be approved and
transmitted to school district treasurers or depositories in the same manner as
warrants for payments under Chapter 48 [42].
(e)iiSection 48.272 [42.258] applies to payments under this subchapter.
(f)iiIf a school district would have received a greater amount under this
subchapter for the applicable school year using the adjusted value determined
under Section 48.271 [42.257], the commissioner shall add the difference
between the adjusted value and the amount the district received under this
subchapter to subsequent distributions to the district under this subchapter.
SECTIONi3.060.iiSection 46.0111(e), Education Code, is amended to read
as follows:
(e)iiThe state ’s share is state property.iiThe school district shall send to the
comptroller any portion of the state ’s share not used by the school district to
repair the defective design, construction, renovation, or improvement of the
instructional facility on which the action is brought or to replace the
facility.iiSection 48.272i[42.258] applies to the state ’s share under this
subsection.
SECTIONi3.061.iiSection 46.013, Education Code, is amended to read as
follows:
Sec.i46.013.iiMULTIPLE ALLOTMENTS PROHIBITED. A school district
is not entitled to state assistance under this subchapter based on taxes with respect
to which the district receives state assistance under Subchapter E [F], Chapter
48i[42].
SECTIONi3.062.iiSection 46.032(a), Education Code, is amended to read as
follows:
6120 86th LEGISLATURE — REGULAR SESSION
(a)iiEach 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.iiThe 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)ii$40 or a greater amount for any year provided by appropriation; or
(2)iithe amount that would result in a total additional amount of state
funds under this subchapter for the current year equal to $60 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 48.005 [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
48.258i[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
48.258 [42.2521].
SECTIONi3.063.iiSection 46.037, Education Code, is amended to read as
follows:
Sec.i46.037.iiMULTIPLE ALLOTMENTS PROHIBITED. A school district
is not entitled to state assistance under this subchapter based on taxes with respect
to which the district receives state assistance under Subchapter E [F], Chapter
48i[42].
SECTIONi3.064.iiSection 61.0766(e), Education Code, is amended to read
as follows:
(e)iiAn academy program may:
(1)iiprovide financial assistance for the purpose of allowing participants
to complete the program [and obtain a master teacher certificate under Section
21.0482, 21.0483, or 21.0484];
(2)iiinclude programs in leadership skills to develop training,
mentoring, and coaching skills;
(3)iideliver coursework electronically for some or all of the program;
and
(4)iiprovide for ongoing professional development and coordination
with specific public school instructional programs.
SECTIONi3.065.iiSection 79.10(f), Education Code, is amended to read as
follows:
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(f)iiFor each student enrolled in the academy, the academy is entitled to
allotments from the foundation school fund under Chapter 48 [42] as if the
academy were a school district without a tier one local share for purposes of
Section 48.266i[42.253].iiIf in any academic year the amount of the allotments
under this subsection exceeds the amount of state funds paid to the academy in
the first fiscal year of the academy ’s operation, the commissioner of education
shall set aside from the total amount of funds to which school districts are entitled
under Section 48.266(c) [42.253(c)] an amount equal to the excess amount and
shall distribute that amount to the academy.iiAfter deducting the amount set aside
and paid to the academy by the commissioner of education under this subsection,
the commissioner of education shall reduce the amount to which each district is
entitled under Section 48.266(c) [42.253(c)] in the manner described by Section
48.266(f) [42.253(h)].iiA determination of the commissioner of education under
this subsection is final and may not be appealed.
SECTIONi3.066.iiSection 87.208, Education Code, is amended to read as
follows:
Sec.i87.208.iiSEABORNE CONSERVATION CORPS. If the board of
regents of The Texas A&M University System administers a program that is
substantially similar to the Seaborne Conservation Corps as it was administered
by the board during the 1998-1999 school year, the program is entitled, for each
student enrolled, to allotments from the Foundation School Program under
Chapter 48 [42] as if the program were a school district, except that the program
has a local share applied that is equivalent to the local fund assignment of the
school district in which the principal facilities of the program are located.
SECTIONi3.067.iiSection 87.505(g), Education Code, is amended to read as
follows:
(g)iiFor each student enrolled in the academy, the academy is entitled to
allotments from the foundation school fund under Chapter 48 [42] as if the
academy were a school district without a tier one local share for purposes of
Section 48.266i[42.253].iiIf in any academic year the amount of the allotments
under this subsection exceeds the amount of state funds paid to the academy in
the first fiscal year of the academy ’s operation, the commissioner of education
shall set aside from the total amount of funds to which school districts are entitled
under Section 48.266(c) [42.253(c)] an amount equal to the excess amount and
shall distribute that amount to the academy.iiAfter deducting the amount set aside
and paid to the academy by the commissioner of education under this subsection,
the commissioner of education shall reduce the amount to which each district is
entitled under Section 48.266(c) [42.253(c)] in the manner described by Section
48.266(f) [42.253(h)].iiA determination of the commissioner of education under
this subsection is final and may not be appealed.
SECTIONi3.068.iiSection 96.707(k), Education Code, is amended to read as
follows:
(k)iiFor each student enrolled in the academy, the academy is entitled to
allotments from the Foundation School Program under Chapter 48 [42] as if the
academy were a school district without a tier one local share for purposes of
Section 48.266i[42.253].
6122 86th LEGISLATURE — REGULAR SESSION
SECTIONi3.069.iiSections 105.301(e) and (f), Education Code, are
amended to read as follows:
(e)iiThe academy is not subject to the provisions of this code, or to the rules
of the Texas Education Agency, regulating public schools, except that:
(1)iiprofessional employees of the academy are entitled to the limited
liability of an employee under Section 22.0511, 22.0512, or 22.052;
(2)iia student ’s attendance at the academy satisfies compulsory school
attendance requirements; and
(3)iifor each student enrolled, the academy is entitled to allotments from
the foundation school program under Chapter 48 [42] as if the academy were a
school district without a tier one local share for purposes of Section
48.266i[42.253].
(f)iiIf in any academic year the amount of the allotments under Subsection
(e)(3) exceeds the amount of state funds paid to the academy under this section in
the fiscal year ending August 31, 2003, the commissioner shall set aside from the
total amount of funds to which school districts are entitled under Section
48.266(c) [42.253(c)] an amount equal to the excess amount and shall distribute
that amount to the academy. After deducting the amount set aside and paid to the
academy by the commissioner under this subsection, the commissioner shall
reduce the amount to which each district is entitled under Section 48.266(c)
[42.253(c)] in the manner described by Section 48.266(f) [42.253(h)]. A
determination of the commissioner under this section is final and may not be
appealed.
SECTIONi3.070.iiSection 317.005(f), Government Code, is amended to
read as follows:
(f)iiThe governor or board may adopt an order under this section
withholding or transferring any portion of the total amount appropriated to
finance the foundation school program for a fiscal year. The governor or board
may not adopt such an order if it would result in an allocation of money between
particular programs or statutory allotments under the foundation school program
contrary to the statutory proration formula provided by Section 48.266(f)
[42.253(h)], Education Code. The governor or board may transfer an amount to
the total amount appropriated to finance the foundation school program for a
fiscal year and may increase the basic allotment. The governor or board may
adjust allocations of amounts between particular programs or statutory allotments
under the foundation school program only for the purpose of conforming the
allocations to actual pupil enrollments or attendance.
SECTIONi3.071.iiSection 403.093(d), Government Code, as amended by
Chapters 581 (SBi810) and 705 (HBi3526), Acts of the 85th Legislature, Regular
Session, 2017, is reenacted and amended to read as follows:
(d)iiThe comptroller shall transfer from the general revenue fund to the
foundation school fund an amount of money necessary to fund the foundation
school program as provided by Chapter 48 [42], Education Code. The
comptroller shall make the transfers in installments as necessary to comply with
Section 48.273i[42.259], Education Code, and permit the Texas Education
Agency, to the extent authorized by the General Appropriations Act, to make
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6123
temporary transfers from the foundation school fund for payment of the
instructional materials and technology allotment under Section 31.0211,
Education Code. Unless an earlier date is necessary for purposes of temporary
transfers for payment of the instructional materials and technology allotment, an
installment must be made not earlier than two days before the date an installment
to school districts is required by Section 48.273 [42.259], Education Code, and
must not exceed the amount necessary for that payment and any temporary
transfers for payment of the instructional materials and technology allotment.
SECTIONi3.072.iiSection 403.302(a), Government Code, is amended to
read as follows:
(a)iiThe comptroller shall conduct a study using comparable sales and
generally accepted auditing and sampling techniques to determine the total
taxable value of all property in each school district. The study shall determine the
taxable value of all property and of each category of property in the district and
the productivity value of all land that qualifies for appraisal on the basis of its
productive capacity and for which the owner has applied for and received a
productivity appraisal.iiThe comptroller shall make appropriate adjustments in
the study to account for actions taken under Chapter 49 [41], Education Code.
SECTIONi3.073.iiSection 403.303(b), Government Code, is amended to
read as follows:
(b)iiAfter receipt of a petition, the comptroller shall hold a hearing.iiThe
comptroller has the burden to prove the accuracy of the findings.iiUntil a final
decision is made by the comptroller, the taxable value of property in the district is
determined, with respect to property subject to the protest, according to the value
claimed by the school district or property owner, except that the value to be used
while a final decision is pending may not be less than the appraisal roll value for
the year of the study.iiIf after a hearing the comptroller concludes that the
findings should be changed, the comptroller shall order the appropriate changes
and shall certify to the commissioner of education the changes in the values of the
school district that brought the protest, the values of the school district named by
the property owner who brought the protest, or, if the comptroller by rule allows
an appraisal district to bring a protest, the values of the school district named by
the appraisal district that brought the protest.iiThe comptroller may not order a
change in the values of a school district as a result of a protest brought by another
school district, a property owner in the other school district, or an appraisal
district that appraises property for the other school district.iiThe comptroller shall
complete all protest hearings and certify all changes as necessary to comply with
Chapter 48i[42], Education Code.iiA hearing conducted under this subsection is
not a contested case for purposes of Section 2001.003.
SECTIONi3.074.iiSection 404.121(1), Government Code, is amended to
read as follows:
(1)ii"Cash flow deficit" for any period means the excess, if any, of
expenditures paid and transfers made from the general revenue fund in the period,
including payments provided by Section 48.273 [42.259], Education Code, over
6124 86th LEGISLATURE — REGULAR SESSION
taxes and other revenues deposited to the fund in the period, other than revenues
deposited pursuant to Section 403.092, that are legally available for the
expenditures and transfers.
SECTIONi3.075.iiSection 437.117(a), Government Code, is amended to
read as follows:
(a)iiFor each student enrolled in the Texas ChalleNGe Academy, the
department is entitled to allotments from the Foundation School Program under
Chapter 48 [42], Education Code, as if the academy were a school district without
a tier one local share for purposes of Section 48.266i[42.253], Education Code.
SECTIONi3.076.iiSection 466.355(c), Government Code, as repealed by
Chapter 431 (SBi559), Acts of the 83rd Legislature, Regular Session, 2013, and
amended by Chapter 1410 (SBi758), Acts of the 83rd Legislature, Regular
Session, 2013, is reenacted and amended to read as follows:
(c)iiEach August the comptroller shall:
(1)iiestimate the amount to be transferred to the foundation school fund
on or before September 15; and
(2)iinotwithstanding Subsection (b)(4), transfer the amount estimated in
Subdivision (1) to the foundation school fund before August installment
payments are made under Section 48.273 [42.259], Education Code.
SECTIONi3.077.iiSection 822.201(b), Government Code, is amended to
read as follows:
(b)ii"Salary and wages" as used in Subsection (a) means:
(1)iinormal periodic payments of money for service the right to which
accrues on a regular basis in proportion to the service performed;
(2)iiamounts by which the member ’s salary is reduced under a salary
reduction agreement authorized by Chapter 610;
(3)iiamounts 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)iithe program or benefit options are made available to all
employees of the employer; and
(B)iithe 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)iiperformance 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)iithe benefit replacement pay a person earns under Subchapter H,
Chapter 659, except as provided by Subsection (c);
(6)iistipends paid to teachers in accordance with former Section 21.410,
21.411, 21.412, or 21.413, Education Code;
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6125
(7)iiamounts 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)iia merit salary increase made under Section 51.962, Education Code;
(9)iiamounts 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)iisalary amounts designated as health care supplementation by an
employee under Subchapter D, Chapter 22, Education Code; and
(11)iito 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.
SECTIONi3.078.iiSection 1371.001(4), Government Code, is amended to
read as follows:
(4)ii"Issuer" means:
(A)iia home-rule municipality that:
(i)iiadopted its charter under Section 5, Article XI, Texas
Constitution;
(ii)iihas a population of 50,000 or more; and
(iii)iihas outstanding long-term indebtedness that is rated by a
nationally recognized rating agency for municipal securities in one of the four
highest rating categories for a long-term obligation;
(B)iia conservation and reclamation district created and organized
as a river authority under Section 52, Article III, or Section 59, Article XVI,
Texas Constitution;
(C)iia joint powers agency organized and operating under Chapter
163, Utilities Code;
(D)iia metropolitan rapid transit authority, regional transportation
authority, or coordinated county transportation authority created, organized, or
operating under Chapter 451, 452, or 460, Transportation Code;
(E)iia conservation and reclamation district organized or operating
as a navigation district under Section 52, Article III, or Section 59, Article XVI,
Texas Constitution;
(F)iia district organized or operating under Section 59, Article XVI,
Texas Constitution, that has all or part of two or more municipalities within its
boundaries;
(G)iia state agency, including a state institution of higher education;
(H)iia hospital authority created or operating under Chapter 262 or
264, Health and Safety Code, in a county that:
(i)iihas a population of more than 3.3 million; or
(ii)iiis included, in whole or in part, in a standard metropolitan
statistical area of this state that includes a county with a population of more than
2.2imillion;
6126 86th LEGISLATURE — REGULAR SESSION
(I)iia hospital district in a county that has a population of more than
two million;
(J)iia nonprofit corporation organized to exercise the powers of a
higher education loan authority under Section 53B.47(e), Education Code;
(K)iia county:
(i)iithat has a population of 3.3 million or more; or
(ii)iithat, on the date of issuance of obligations under this
chapter, has authorized, outstanding, or any combination of authorized and
outstanding, indebtedness of at least $100 million secured by and payable from
the county ’s ad valorem taxes and the authorized long-term indebtedness of
which is rated by a nationally recognized rating agency of securities issued by
local governments in one of the four highest rating categories for a long-term
obligation;
(L)iian independent school district that has an average daily
attendance of 50,000 or more as determined under Section 48.005 [42.005],
Education Code;
(M)iia municipality or county operating under Chapter 334, Local
Government Code;
(N)iia district created under Chapter 335, Local Government Code;
(O)iia junior college district that has a total headcount enrollment of
40,000 or more based on enrollment in the most recent regular semester; or
(P)iian issuer, as defined by Section 1201.002, that has:
(i)iia principal amount of at least $100 million in outstanding
long-term indebtedness, in long-term indebtedness proposed to be issued, or in a
combination of outstanding or proposed long-term indebtedness; and
(ii)iisome amount of long-term indebtedness outstanding or
proposed to be issued that is rated in one of the four highest rating categories for
long-term debt instruments by a nationally recognized rating agency for
municipal securities, without regard to the effect of any credit agreement or other
form of credit enhancement entered into in connection with the obligation.
SECTIONi3.079.iiSection 1431.001(3), Government Code, is amended to
read as follows:
(3)ii"Eligible school district" means an independent school district that
has an average daily attendance of 190,000 or more as determined under Section
48.005 [42.005], Education Code.
SECTIONi3.080.iiSection 2175.304(c), Government Code, is amended to
read as follows:
(c)iiThe procedures established under Subsection (b) must give preference to
transferring the property directly to a public school or school district or to an
assistance organization designated by the school district before disposing of the
property in another manner. If more than one public school or school district or
assistance organization seeks to acquire the same property on substantially the
same terms, the system, institution, or agency shall give preference to a public
school that is considered low-performing by the commissioner of education or to
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6127
a school district that has a taxable wealth per student that entitles the district to an
allotment of state funds under Subchapter E [F], Chapter 48 [42], Education
Code, or to the assistance organization designated by such a school district.
SECTIONi3.081.iiSection 221.0071(d), Human Resources Code, is
amended to read as follows:
(d)iiA charter school operating under a charter granted under this section is
entitled to receive open-enrollment charter school funding under Chapter 48 [42],
Education Code, in the same manner as an open-enrollment charter school
operating under Subchapter D, Chapter 12, Education Code.
SECTIONi3.082.iiSection 1579.251(a), Insurance Code, is amended to read
as follows:
(a)iiThe state shall assist employees of participating school districts and
charter schools in the purchase of group health coverage under this chapter by
providing for each covered employee the amount of $900 each state fiscal year or
a greater amount as provided by the General Appropriations Act.iiThe state
contribution shall be distributed through the school finance formulas under
Chapters 48 [41] and 49 [42], Education Code, and used by school districts and
charter schools as provided by Sectioni48.275i[42.260], Education Code.
SECTIONi3.083.iiSection 1581.053, Insurance Code, is amended to read as
follows:
Sec.i1581.053.iiUSE OF STATE FUNDS. (a) To comply with Section
1581.052, a school district or participating charter school may use state funds
received under Chapter 48 [42], Education Code, other than funds that may be
used under that chapter only for a specific purpose.
(b)iiNotwithstanding Subsection (a), amounts a district or school is required
to use to pay contributions under a group health coverage plan for district or
school employees under Section 48.275i[42.260], Education Code, other than
amounts described by Section 48.275(c)(2) [42.260(c)(2)(B)], are not used in
computing whether the district or school complies with Section 1581.052.
SECTIONi3.084.iiSection 37.10(c)(2), Penal Code, is amended to read as
follows:
(2)iiAn offense under this section is a felony of the third degree if it is
shown on the trial of the offense that the governmental record was:
(A)iia public school record, report, or assessment instrument
required under Chapter 39, Education Code, data reported for a school district or
open-enrollment charter school to the Texas Education Agency through the
Public Education Information Management System (PEIMS) described by
Sections 48.008 and 48.009 [Section 42.006], Education Code, under a law or
rule requiring that reporting, or a license, certificate, permit, seal, title, letter of
patent, or similar document issued by government, by another state, or by the
United States, unless the actor ’s intent is to defraud or harm another, in which
event the offense is a felony of the second degree;
(B)iia written report of a medical, chemical, toxicological, ballistic,
or other expert examination or test performed on physical evidence for the
purpose of determining the connection or relevance of the evidence to a criminal
action;
6128 86th LEGISLATURE — REGULAR SESSION
(C)iia written report of the certification, inspection, or maintenance
record of an instrument, apparatus, implement, machine, or other similar device
used in the course of an examination or test performed on physical evidence for
the purpose of determining the connection or relevance of the evidence to a
criminal action; or
(D)iia search warrant issued by a magistrate.
SECTIONi3.085.iiSection 39.03(d), Penal Code, is amended to read as
follows:
(d)iiAn offense under this section is a Class A misdemeanor, except that an
offense is a felony of the third degree if the public servant acted with the intent to
impair the accuracy of data reported to the Texas Education Agency through the
Public Education Information Management System (PEIMS) described by
Sections 48.008 and 48.009 [Section 42.006], Education Code, under a law
requiring that reporting.
SECTIONi3.086.iiSection 21.01, Tax Code, is amended to read as follows:
Sec.i21.01.iiREAL PROPERTY. Real property is taxable by a taxing unit if
located in the unit on January 1, except as provided by Chapter 49 [41],
Education Code.
SECTIONi3.087.iiSections 21.02(b) and (c), Tax Code, are amended to read
as follows:
(b)iiTangible personal property having taxable situs at the same location as
real property detached from a school district and annexed by another school
district under Chapter 49 [41], Education Code, is taxable in the tax year in which
the detachment and annexation occurs by the same school district by which the
real property is taxable in that tax year under Chapter 49 [41], Education Code.
For purposes of this subsection and Chapter 49 [41], Education Code, tangible
personal property has taxable situs at the same location as real property detached
and annexed under Chapter 49 [41], Education Code, if the detachment and
annexation of the real property, had it occurred before January 1 of the tax year,
would have changed the taxable situs of the tangible personal property
determined as provided by Subsection (a) from the school district from which the
real property was detached to the school district to which the real property was
annexed.
(c)iiTangible personal property has taxable situs in a school district that is
the result of a consolidation under Chapter 49 [41], Education Code, in the year
in which the consolidation occurs if the property would have had taxable situs in
the consolidated district in that year had the consolidation occurred before
January 1 of that year.
SECTIONi3.088.iiSection 25.25(k), Tax Code, is amended to read as
follows:
(k)iiThe chief appraiser shall change the appraisal records and school district
appraisal rolls promptly to reflect the detachment and annexation of property
among school districts under Subchapter C or G, Chapter 49 [41], Education
Code.
SECTIONi3.089.iiSection 311.013(n), Tax Code, is amended to read as
follows:
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6129
(n)iiThis subsection applies only to a school district whose taxable value
computed under Section 403.302(d), Government Code, is reduced in accordance
with Subdivision (4) of that subsection.iiIn addition to the amount otherwise
required to be paid into the tax increment fund, the district shall pay into the fund
an amount equal to the amount by which the amount of taxes the district would
have been required to pay into the fund in the current year if the district levied
taxes at the rate the district levied in 2005 exceeds the amount the district is
otherwise required to pay into the fund in the year of the reduction.iiThis
additional amount may not exceed the amount the school district receives in state
aid for the current tax year under Section 48.253 [42.2514], Education
Code.iiThe school district shall pay the additional amount after the district
receives the state aid to which the district is entitled for the current tax year under
Section 48.253 [42.2514], Education Code.
SECTIONi3.090.iiSection 312.002(g), Tax Code, is amended to read as
follows:
(g)ii"Taxing unit" has the meaning assigned by Section 1.04, except that for
a tax abatement agreement executed on or after September 1, 2001, the term does
not include a school district that is subject to Chapter 48 [42], Education Code,
and that is organized primarily to provide general elementary and secondary
public education.
SECTIONi3.091.iiSection 312.210(b), Tax Code, is amended to read as
follows:
(b)iiA tax abatement agreement with the owner of real property or tangible
personal property that is located in the reinvestment zone described by
Subsection (a) and in a school district that has a local revenue level [wealth per
student] that does not exceed the [equalized wealth] level established under
Section 48.257 must exempt from taxation:
(1)iithe portion of the value of the property in the amount specified in
the joint agreement among the municipality, county, and junior college district;
and
(2)iian amount equal to 10 percent of the maximum portion of the value
of the property that may under Section 312.204(a) be otherwise exempted from
taxation.
SECTIONi3.092.iiSection 313.027(i), Tax Code, is amended to read as
follows:
(i)iiA person and the school district may not enter into an agreement under
which the person agrees to provide supplemental payments to a school district or
any other entity on behalf of a school district in an amount that exceeds an
amount equal to the greater of $100iper student per year in average daily
attendance, as defined by Section 48.005i[42.005], Education Code, or
$50,000iper year, or for a period that exceeds the period beginning with the
period described by Section 313.021(4) and ending Decemberi31iof the third tax
year after the date the person ’s eligibility for a limitation under this chapter
expires.iiThis limit does not apply to amounts described by Subsection (f)(1) or
(2).
6130 86th LEGISLATURE — REGULAR SESSION
ARTICLE 4. REPEALER
SECTIONi4.001.ii(a) The following provisions of the Education Code are
repealed:
(1)iiSection 7.102(c)(5);
(2)iiSection 21.0481;
(3)iiSection 21.0482;
(4)iiSection 21.0483;
(5)iiSection 21.0484;
(6)iiSection 21.410;
(7)iiSection 21.411;
(8)iiSection 21.412;
(9)iiSection 21.413;
(10)iiSection 21.458(c);
(11)iiSections 28.006(d-1) and (e);
(12)iiSection 29.097;
(13)iiSection 29.098;
(14)iiSection 29.165;
(15)iiSection 29.166;
(16)iiSections 29.203(g)(1) and (3);
(17)iiSection 39.233;
(18)iiSection 39.234;
(19)iithe headings to Chapters 41 and 42;
(20)iithe heading to Subchapter A, Chapter 41;
(21)iiSection 41.002;
(22)iiSection 41.0041;
(23)iithe heading to Subchapter D, Chapter 41;
(24)iiSection 41.0931;
(25)iiSection 41.098;
(26)iithe heading to Subchapter E, Chapter 41;
(27)iithe heading to Subchapter A, Chapter 42;
(28)iithe heading to Section 42.006;
(29)iiSection 42.007;
(30)iithe heading to Subchapter B, Chapter 42;
(31)iiSection 42.102;
(32)iiSection 42.103;
(33)iiSection 42.104;
(34)iithe heading to Subchapter C, Chapter 42;
(35)iiSection 42.1541;
(36)iiSection 42.156;
(37)iiSection 42.160;
(38)iithe heading to Subchapter E, Chapter 42;
(39)iiSection 42.2513;
(40)iiSection 42.2517;
(41)iiSection 42.2518;
(42)iiSection 42.262;
(43)iithe headings to Subchapters F and G, Chapter 42; and
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6131
(44)iiSection 42.352.
(b)iiSections 322.008(b) and 403.302(m), Government Code, are repealed.
(c)iiThe following provisions of the Tax Code are repealed:
(1)iiSections 26.08(o) and (p); and
(2)iiSection 312.210(c).
ARTICLE 5. TRANSITION; CONFLICT OF LAW
SECTIONi5.001.ii(a) Except as provided by Subsection (b) or (c) of this
section, Article 2 of this Act applies beginning with the 2019-2020ischool year.
(b)iiSection 28.006, Education Code, as amended by this Act, applies
beginning with the 2020-2021 school year.
(c)iiSection 28.025, Education Code, as amended by this Act, and Section
28.0256, Education Code, as added by this Act, apply beginning with students
enrolled at the 12th grade level during the 2021-2022 school year.
SECTIONi5.002.iiExcept as otherwise provided by this Act, Section 26.08,
Tax Code, as amended by this Act, applies beginning with the 2019itax year. A
school district is required to calculate the district ’s rollback tax rate for the
2019itax year in the manner provided by Section 26.08, Tax Code, as amended
by this Act, regardless of whether the district has already calculated that rate or
adopted a tax rate for the 2019itax year before Septemberi1, 2019.
SECTIONi5.003.iiAs soon as practicable after September 1, 2019:
(1)iithe State Board for Educator Certification shall develop the Internet
portal required by Section 21.006(g-1), Education Code, as added by this Act;
and
(2)iithe Texas Education Agency shall develop the Internet portal
required by Section 22.095, Education Code, as added by this Act.
SECTIONi5.004.iiThe Texas Education Agency shall establish the registry
of persons who are not eligible to be employed by a school district, district of
innovation, open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement, as required by Section
22.092, Education Code, as added by this Act, as soon as practicable after
September 1, 2019, and not later than January 1, 2020.
SECTIONi5.005.iiThe State Board for Educator Certification may not issue
a new or renew a master teacher certificate issued under Section 21.0481,
21.0482, 21.0483, or 21.0484, Education Code, on or after the effective date of
this Act.
SECTIONi5.006.iiNot later than August 1, 2020, the Texas Education
Agency shall submit the initial report required under Section 29.1544, Education
Code, as added by this Act.
SECTIONi5.007.iiNotwithstanding any provision of the Education Code,
for the 2019itax year, a school district that took action to comply with publication
requirements under Section 44.004, Education Code, before the effective date of
this Act may amend the district ’s previously published notices to comply with the
changes made to the district ’s permissible and proposed tax rates as a result of
this Act by posting those changes on the district ’s Internet website. A school
6132 86th LEGISLATURE — REGULAR SESSION
district that complied with the law in effect at the time of the district ’s original
publication may hold the district s’ scheduled public hearing as originally
published.
SECTIONi5.008.iiNot later than December 1, 2020, each school district
shall submit to the legislature a report on salary or wage increases provided to
district employees under Section 48.051(c), Education Code, as added by this
Act, for the 2019-2020ischool year. The report must include for each salary or
wage increase:
(1)iithe employee ’s position at the school district; and
(2)iithe amount of the increase.
SECTION 5.009.iiAs soon as practicable after the effective date of Section
48.1021, Education Code, as added by this Act, the commissioner of education
shall establish and appoint members to the advisory committee required under
that section.
SECTIONi5.010.ii(a) Notwithstanding any other law, to secure the best
value for the state and ensure the best design, operation, and implementation of
assessment instruments, the Texas Education Agency may:
(1)iiprovide an additional period for all respondents to provide new
proposals for the assessment solicitations posted in 2019; and
(2)iiextend the current assessment contracts through the end of the state
fiscal biennium ending August 31, 2021.
(b)iiThis section expires September 1, 2021.
SECTION 5.011.ii(a) The State Board for Educator Certification is required
to implement a provision of Article 2A of this Act only if the legislature
appropriates money specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the board may, but is not
required to, implement a provision of Article 2A of this Act using other
appropriations available for that purpose.
(b)iiThe Texas Education Agency is required to implement a provision of
Article 2A of this Act only if the legislature appropriates money specifically for
that purpose. If the legislature does not appropriate money specifically for that
purpose, the agency may, but is not required to, implement a provision of Article
2A of this Act using other appropriations available for that purpose.
SECTIONi5.012.iiIf any provision of this Act or its application to any
person or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this Act that can be given effect without the invalid
provision or application, and to this end the provisions of this Act are declared to
be severable.
SECTIONi5.013.iiTo the extent of any conflict, this Act prevails over
another Act of the 86th Legislature, Regular Session, 2019, regardless of the
relative dates of enactment.
ARTICLE 6. EFFECTIVE DATE
SECTIONi6.001.ii(a) Except as otherwise provided by this section or as
otherwise provided by this Act, this Act takes effect September 1, 2019.
(b)iiSection 11.184, Education Code, as added by this Act, takes effect
January 1, 2020.i
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6133
(c)iiSection 47.006, Education Code, as added by this Act, takes effect only
if HBi1525 or similar legislation of the 86th Legislature, Regular Session, 2019,
relating to the administration and collection of sales and use taxes applicable to
sales involving marketplace providers is enacted and becomes law.
(d)iiSubject to Subsection (c) of this section, Chapter 47, Education Code, as
added by this Act, takes effect January 1, 2020.
(e)iiSections 48.1021 and 48.1041, Education Code, as added by this Act,
take 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 Sections
48.1021iand 48.1041, Education Code, as added by this Act, to have immediate
effect, those sections take effect September 1, 2019.
(f)iiArticle 2 and Section 5.010 of this Act take 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, Article 2 and Section 5.010 of
this Act take effect September 1, 2019.
HB 3 - REMARKS
REPRESENTATIVE HUBERTY: It says, unfortunately, to briefly explain the
report. I don t’ think I can do that briefly, so I ’m going to take my time to go
through this so everybody understands. Members, over the last several weeks, we
have spent an enormous amount of time on this report. My conferees,
Representative King; Representative González; Mr.iAshby obviously, who ’s been
awesome; and Mr.iBernal have all worked very hard to get us to this point. The
bill as you see it before you is a little different, but it s’ still transformational. Isn t’
that right, Dr.iAllen? I ’d like to go over some of the major points with you.
HBi3 puts over $6.5ibillion more money into the classrooms equitably for
education reforms, providing about $2ibillion in additional incentives with a part
of that for teacher compensation. It provides about $5ibillion in property tax
relief. HBi3 will lower Tieri1icompression by seven cents statewide; in 2020,
eight cents; and by 2021, 13icents. It begins a 2.5ipercent hybrid statewide local
compression the second year of the biennium. This will ensure we have
long-term, lasting property tax relief. It also reduces recapture by $3.6ibillion
over the biennium. As I talked about it, we provided dynamic teacher incentive
pay for our veteran teachers, but we didn t’ forget about the youngsters either. We
wanted to make sure that we added Mr.iBernal ’s mentoring program as part of
this legislation. We added a merit system not tied to standardized tests, where a
teacher could earn an additional $32,000ia year. We increased the state share of
education from 38ipercent to 45ipercent, something that ’s very important to all of
us in this body.
There ’s many other pieces of this bill that are important. We looked at
compensatory education, making sure that we targeted the kids. We fully funded
pre-K for our most needy children and require K-3ihigh quality reading standards
so that all kids are able to read. We fund college, career, military readiness. We
provided for students with a dyslexia weight, something very important to myself
and the speaker, and assisted parents with supplemental services outside the
6134 86th LEGISLATURE — REGULAR SESSION
school. We expanded CTE and tech app courses down to 7th grade. We created
an extended summer year program for students to combat summer slide. Yes,
Mr.iSchaefer, we added your program for Tyler, Texas, to make sure we took care
of that. We provide additional funding for dropouts and students in residential
treatments. We created a "do not hire" registry to protect children in the
classroom. HBi3irequires a readability study to identify, does the STAAR test
work and is it valid? It requires districts to complete efficiency audits before they
go to the voters to increase taxes, establishes a fund to reduce property taxes,
creates a study on geographic and regional cost differences to see if we might
need a new CEI in the future, and adds language for students to fill out the
FAFSA form. We ’re leaving millions of dollars on the table for our most needy
kids. We added language to districts to solicit partnerships with local providers
before construction of new pre-K facilities. I am sure many of you heard from
your local pastors about this particular provision, so we added that. These are just
some of the educational highlights. Now let me talk about the spend.
As it came out of LBB, we ’re spending about $11.5ibillion. As I mentioned,
somewhere between $6.5ibillion and $6.7ibillion in total district spend and about
$5ibillion for tax compression. Many of you have asked how we ’re going to pay
for this as we go forward with tax compression. We ’ve identified over the last
several years––with the leadership of the lieutenant governor, the governor, and
the speaker––we ’ve identified additional ways. As it left the house floor, we had
$2.7ibillion in tax relief. But we found an additional $550imillion with Wayfair.
We passed HJRi151, which allows for the ASF transfer of over $600imillion.
The comptroller apparently found another $500imillion that he gave us. Yes,
good job Glenn, thank you. The TERP fund is $550imillion, and of course, being
fiscally responsible, we l’l find the rest for our general revenue appropriation. As a
result, the basic allotment turned out to be $6,160. And Mr. Speaker, I would just
at this moment like to yield to Mr.iAshby to talk about the fact that we went to
current year values, which has been a question that many of you have been
receiving.
REPRESENTATIVE ASHBY: Members, we had a very robust discussion in the
conference committee about current versus prior year values, and I ’d like to speak
to that briefly. More than anything, a move to current year values will increase
equity among Texas school districts by raising the basic allotment. A higher BA
ultimately reduces recapture for wealthy districts and levels the playing field for
smaller, poorer districts, many of which Representative King and I represent.
Further, a higher BA ensures that funding––and this is important to every
member of this body––is based on student need and not on a zip code or a
student ’s neighborhood. Current year values have shown to be more equitable
and financially efficient in our state school finance system, as all the savings from
a move to current year values are immediately put back into our schools through
the increase in the basic allotment and run through the weights and the formulas.
Additionally, for these districts in the top quartile of enrollment growth that are
losing the lag money under a system with prior year values, HBi3iincludes a fast
growth allotment with a multiplier on the BA.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6135
Real briefly, looking back, most districts actually do much better––which
was a surprise to some of us on the conference committee––under current year
values because the lag money from using prior year values is immediately run
through the basic allotment. For example, in 2018, prior year values effectively
decreased the basic allotment by $199iper student. In 2019, prior year values
effectively decreased the same basic allotment by $192. Looking forward, most
ISDs will find themselves in a much better financial situation under current year
values even if we do nothing else to reform our school finance system. Lastly,
here ’s some numbers for you. In 2020, 79ipercent of all the school districts in the
State of Texas are better off by going to current year values, and five percent on
top of that are unaffected. In 2021, 80ipercent of all school districts are better off,
and another eight percent are unaffected by a move to current year values. This
translates to a better student funding system for 84ipercent of all the
schoolchildren in the great State of Texas, and so for this reason, the house
supported the move to the current year values.
HUBERTY: Here ’s some additional items relative to the tax benefits. We kept the
house versions of the two additional gold pennies––very important––very
important for us and certainly for your school districts. And we ensure equity in
the enrichment of the tier by setting a 96ipercent floor across the board. We kept
the standalone small and midsize allotment that funded at the higher levels for
special education, and we created a new small adjustment for countywide districts
under 300 ADA. You ’re welcome, Mr.iSpringer. The formula transition grant is
similar to the house floor version––it only changes the greater of. You get to pick
the better of the two for that in odd years to account for the revisions and
variations in the ASF funding. And we repealed the gifted and talented allotment
for the CEI, the staff supplement, and the high school allotment. There ’s many
other things that are very instrumental in this bill, like increasing the new
instructional facility allotment to $100imillion; providing $452imillion for career,
college, military readiness––creating a blended learning growth; and again, I ’m
going to hit it again, the dyslexia weight. We have thousands of kids in the State
of Texas that we are not identifying as dyslexic, and it is critical that we must do
that. And with that, Mr.iSpeaker, this bill represents a true collaboration of ideas
and priorities between this chamber, the senate, the governor ’s office, Lieutenant
Governor Patrick, Governor Abbott, and Mr.iSpeaker, yourself. We never lost
sight of our goals to do what is right for students and the people of this state. The
speaker was right when he called HBi3 the "Texas Plan" because this bill is a
road map for the future of Texas.
REPRESENTATIVE MURPHY: Chairman Huberty, you came to this house as a
former school board member, and this has been your goal since that time. Am I
correct?
HUBERTY: That ’s right.
MURPHY: And when you started with the commission a year and a half ago, did
you think this was possible?
6136 86th LEGISLATURE — REGULAR SESSION
HUBERTY: I think anything ’s possible, certainly, in the legislature––in the Texas
House of Representatives––because I trust my colleagues. But I was able to work
with an amazing group of people on that commission chaired by Chairman
Brister and met wonderful people like Todd Williams and Nicole Conley
Johnson. I got to serve with my buddy Ken King, Representative Bernal, Senator
West, and Senator Taylor––amazing work and people. We believed that we could
get things done. In fact, at the end of last session, I didn t’ think it was worth our
time to do it, but I was wrong. It was an amazing piece of work. And it ’s such a
collaboration of my committee, too. Our Public Education Committee––serving
with Dr.iAllen and people like Harold Dutton and Keith Bell and Gary
VanDeaver and Mr.iAshby and all the other members of our committee;
Mr.iMeyer and Ms.iGonzález and those that have worked so hard with us;
Mr.iTalarico, our newest member; Mr.iSanford; our freshman members that are
there, Mr.iAllison––thank you. I ’ve got people chirping in my ear. I ’m forgetting
everybody, but thank you. If I forgot you, it ’s not intentional, obviously––my
committee clerk, Amy, and certainly Andrea Sheridan. All the work––I mean, we
have an amazing team. And the speaker let us do our jobs. The speaker allowed
this body and certainly our committee and our conferees to do our jobs, and I ’m
thrilled about that.
REMARKS ORDERED PRINTED
Representative Murphy moved to print all remarks on HBi3.
The motion prevailed.
REPRESENTATIVE GUTIERREZ: Mr. Speaker, I want to congratulate you
because you are part of the great work on this particular bill. Your patience, your
deliberation, and your efforts are certainly appreciated. Certainly, we have to
thank everybody that was part of this committee process. Chairman Huberty, Vice
Chairman Bernal––you guys have worked hard. You ’ve had big shoes to fill, and
you ’ve gotten there. A younger, greener version of me might have been more
critical of this bill, might have even voted no. But a more seasoned person now
understands that legislation is a game of inches, and every year you get there you
make legislation better. Admittedly, this is hard work. This is probably the
hardest issue that this body will ever, ever, ever do, and the team that performed
this hard labor, this heavy lifting, should be congratulated. Now admittedly, I ’m
not the school finance expert in the room, but each one of us is endowed by our
constituents to fight the fight and look critically at what affects them most. This
bill does great work. As Chairman Huberty suggested earlier, we increase funding
for pre-K. We increase teacher pay. We ensure that our children are reading at
grade level by grade three––and many, many other things. And those things are
important.
However, we should also look at how we are funding this HBi3inow and
into the future. We increase the basic allotment by collapsing the cost of
education index, by collapsing the high school allotment, by collapsing GT, and
other formula changes. In other words, no new money. And that s’ okay. We just
shifted some priorities, and that ’s fine, but we need to be aware of that into the
future. We ’re trying to buy down $5ibillion of tax savings through compression
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6137
in 2020iand 2021iat eight and 13icents. And the way we ’re doing it in part is
what we talked about earlier––in the current year evaluation formulas as opposed
to past years. It ’s important that we know this, members, and I urge you to listen
to what we ’re saying here. This tax savings, this $200ithat we ’re going to be
receiving in this tax portion of this bill––it talks about saving the average
homeowner about $200, but we have failed to look at the basic functions of
what ’s happening to our taxpayers, and that ’s their appraisals. No matter what the
city councilman says or the school board member says or the county judge
says––that they ’ve cut our taxes or that the tax rate didn t’ go up––the appraisals
continue to go up and up. This is something that we need to be very concerned
about and cognizant about. We need to be looking at new revenue.
I ’m going to vote for this bill because it ’s a good bill. But understand that
into the future, we need to figure out how to pay for this bill. We need to look at
how much we ’re losing to every state around us––$24ibillion in consumption on
our casinos, $3ibillion in taxation, and we ’re losing this money to every state
around us that has casino gaming. One-third of the states in the United States
have passed legalized marijuana where we could generate $5ibillion. That ’s
$8ibillion that we can generate in the State of Texas with casino gaming and
marijuana, and I urge you now that we start looking at this. Sixty-six percent of
all Texans want recreational marijuana. Under no certain terms should we ever,
ever talk about raising sales taxes in this state when we have other options
possible to us. This is a lofty bill. It ’s a good bill. Remember, members, it ’s a
game of inches. We need to go find the money, okay? We need to find this
money. I want to quote my good friend Todd Hunter: "Together we can. Juntos
podemos hacer muchas cosas."
REPRESENTATIVE MARTINEZ FISCHER: I l’l be brief. I ’m going to vote for
this bill, and I, too, want to congratulate Chairman Huberty. I will tell you that
when Chairman Huberty was working the floor for this vote, he wasn t’ just
interested in my vote. He was also interested in getting in a car with me, driving
to San Antonio, and winning over about 15isuperintendents. We fought a traffic
jam, we fought road closures, and we practically fought a closed courthouse, but
darn it, Chairman Huberty listened to every superintendent. And not only did he
listen to them, I see the feedback from those superintendents embedded in HBi3.
I don t’ know another member that went through that length to pass a good piece
of public policy. And for that, I ’m in debt to Chairman Huberty, and I ’m going to
vote for this bill. But as a member of the Ways and Means Committee, where the
revenue comes––I think I have to be sober in terms of the outlook of where we go
on a going forward basis. I, too, like Chairwoman Thompson and Speaker
Bonnen and a few others, served in 2006iand in 2007iwhen we spent $14ibillion
on tax cuts. Probably about 20ipercent of the body was there. We spent
$14ibillion on tax cuts, and many people never saw them because of rising home
values. And I remember that. I remember we created a tax to pay for those tax
cuts and to sustain them, and they never came to fruition.
And so my only criticism of this bill is to make sure that, for the sake of not
having legislative amnesia down the road, when we come back––or those of you
who are fortunate enough to come back in the 87th––that we ’re going to have to
6138 86th LEGISLATURE — REGULAR SESSION
roll up our sleeves, bipartisan, bicameral. We own this now. We own this policy,
and it ’s going to cost $13.3ibillion in two years, and we may just not have it. We
may not have all the extra money in Wayfair. We may not have current values to
use. And we may owe a few billion dollars to the Medicaid underfunding that
may take place in HBi1. And so I just want to be cognizant for this record that
when we take this vote, we will celebrate for the hardworking children in our
public schools. But we also will not forget the 140,000ichildren who will join
these 5.4imillion children in the next two years, and we come back, and we work
in earnest to provide a sustainable path that will support increasing the cost of this
bill for schools. And to the extent that this body chooses to continue to invest in
continued property tax by way of compression, that ’s not cheap. While we may
have a revenue cap embedded in this bill, we do not have a population cap. Our
schools are going to get bigger, and their needs are going to grow, and we cannot
ignore that fact. And so I look forward, should I be fortunate to be with you all in
the 87th, that we have a very honest and deliberate discussion about finding the
revenue to support this proposal. But Mr.iSpeaker, please show me voting aye.
Thank you, Chairman Huberty and members of the Public Education Committee.
REPRESENTATIVE COLEMAN: I have been very lucky this session, Mr.
Huberty, to have you as a member of the County Affairs Committee. You have
done an excellent job there, just as you have done an excellent job looking out for
all the schoolchildren of the State of Texas and what you ’ve done here. I just want
you to know that I appreciate everything that you have done on behalf of all
Texans and every member of this house. So thank you very much.
HUBERTY: Members, I would like to give a special note of appreciation to a few
folks who helped me carry the water and really get us here. First and foremost, I ’d
like to thank my conferees that are standing around me, Diego, Mary, Trent, and
Ken. You have no idea how hard they worked, and I want you to give them all a
big round of applause. I ’m telling you, they worked hard. They played an
unbelievably pivotal role, and the day that we walked in on Saturday dressed
alike with our committee shirts on, the senate kind of looked at us like, okay,
these guys are ready to roll.
Next, I must thank the Speaker, Mr.iBonnen. Thank you for allowing us the
opportunity to act independently but providing us the authority to make necessary
decisions that finally moved the ball across the finish line. Your leadership was
certainly crucial in getting this done. You l’l have to share the story with the rest
of the members about 10iminutes before the press conference started and where
we were at. Similarly, many thanks are due to Governor Abbott and to his staff
but in particular, to my friend Tommy Williams, who served in this body and gets
it and understands how this process works. We couldn t’ have done it without
them. And I want to thank Lieutenant Governor Patrick for the work that he did
and certainly my partner, Senator Taylor in the senate, who ’s become a dear
friend. Your leadership on this issue and pushing us to make sure we ’re
compensating our teachers and doing the right things has been great. And
similarly to Senators Watson, Nelson, Campbell, and West, as part of our other
conferees working to get this done.
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6139
I ’d also be remiss not to thank the folks from TEA, Leo Lopez, Al
McKenzie, Von Byer, and Commissioner Morath––you have no idea the amount
of work that went into getting these runs and different versions of that; certainly
the folks at LBB, Andy MacLaurin, and Aaron Henricksen; and certainly the
commission members who spent a year of their life helping to craft this plan but
especially Chairman Brister and Todd Williams. I need to thank our staff who
made this happen:iAndrea Sheridan, who spent hundreds of hours, and Amy
Peterson, sitting up in the gallery, and the rest of my staff––Casey Christman; my
legislative director, Jack Reed; and Chandler Skolnick. Thank you for all the
work that you guys have done this session and certainly to our interns.
Thank you to my great committee that ’s standing around me right now.
You ’ve been amazing. I certainly love sitting with, next to, and visiting with
Harold Dutton. I always know when there ’s going to be a question coming
because he starts groaning and starts reaching for his button. And Dr. Allen has
always taught us to think about the kids. None of us could do this without our
families. To my wife, Janet, and to my kids, Ryan, Brianna and Dylan, thank you
for allowing us as members to serve and be gone to focus on the other 5.4imillion
children and their families in Texas instead of ours for these last five months. I
think that ’s important. And I ’d certainly also like to thank Sylvia Zerwas for the
latest spring addition to my wardrobe and for dressing me again today. Thank
you, Sylvia. And lastly, members, I want to thank each of you for your support
and dedication to making sure we got this right.
Mr. Speaker, you made a comment. You made a comment, Mr.iSpeaker, at
the press conference that we won the Super Bowl, and it didn t’ matter who won.
Mr.iSpeaker, we have a little gift for you. If you haven t’ seen our committee gift,
it looks like a Super Bowl ring, and that is your gift from the Committee on
Public Education to never forget the work that you did. We are truly transforming
public school finance in Texas, and all of you have been a large part of that. So
on behalf of the 5.4imillion children and the hundreds of thousands of educators,
I move to adopt the conference committee report for HBi3, the Texas Plan.
Representative Huberty moved to adopt the conference committee report on
HBi3.
The motion to adopt the conference committee report on HBi3 prevailed by
(Record 1941): 139 Yeas, 0 Nays, 0 Present, not voting.
Yeas — Mr. Speaker(C); Allen; Anchia; Anderson; Ashby; Bailes; Beckley;
Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers;
Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione;
Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean;
Deshotel; Dominguez; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins;
Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez;
Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty;
Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause;
Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez;
Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller;
Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez;
6140 86th LEGISLATURE — REGULAR SESSION
Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez;
Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rose; Rosenthal;
Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee;
Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson,
E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle;
White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Absent, Excused — Clardy; Davis, S.; Dutton; Herrero; Johnson, E.;
Johnson, J.D.; Lucio; Romero; Vo.
Absent — Allison; Farrar.
STATEMENTS OF VOTE
When Record No. 1941 was taken, I was in the house but away from my
desk. I would have voted yes.
Allison
When Record No. 1941 was taken, I was excused because of illness in the
family. I would have voted yes.
S. Davis
When Record No. 1941 was taken, I was excused because of family
business. I would have voted yes.
Romero
HBi3 - STATEMENT FOR INCLUSION IN THE JOURNAL
Representative Martinez Fischer submitted the following statement for
inclusion in the journal:
When passed by the house, HBi3 achieved what was nearly impossible. It
made a significant investment of $6.3 billion in our public school system that was
balanced by reducing property taxes by $2.7 billion. HBi3 is a worthy policy
beyond the investment of dollars in our schools and teachers. It restores pre-K
education. It eliminates outcomes-based testing. Most importantly, HBi3
empowers school boards and superintendents to focus on the unique needs of
their districts.
The house did a magnificent job. That is why the bill passed nearly
unanimously. Unfortunately, the senate took another approach. Somewhere along
the way, the decision was made to transform an education bill into a property tax
vehicle. The resulting compromise between the senate and house conferees adds
a $5.5 billion tax cut by compressing the tax rate for schools and further limits the
revenue growth for future public education budgets.
In the next year, 140,000 new children will begin school in Texas, joining
the 5.4 million already there. As a result of this compromise, every student will
enter a school finance system with no sustainability plan or revenue stream to
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6141
support how the state will maintain current expenditures, let alone make
adjustments for future population growth. Equally as concerning is the fact that
future lawmakers will not be able to sustain these continued tax cuts.
We have seen this before. In 2006-2007, $14 billion was spent on property
tax cuts that were eviscerated in property value growth. We enacted an ill-advised
margins tax to pay for those property tax cuts. When it failed, as predicted by
critics like myself, schoolchildren suffered and $5.4 billion was cut from our
public schools to make up for the shortfall.
Just like 12 years ago, this legislature has failed to provide a long-term
funding solution that will maintain both our commitments to homeowners and to
schoolchildren. In the coming years, Texas leaders will face difficult economic
choices. When those leaders turn to our budget, they will be challenged by the
near impossibility of identifying the $13.4 billion in general revenue that the
LBBiestimates HBi3 will cost in the next biennium. The choice will be simple.
Those leaders will have to raise taxes or make severe cuts to public education.
There are only a few lawmakers present today that were witness to the
tragedy of the 2011 Legislative Session. To combat legislative amnesia, I am
compelled to state for the record that we have seen this before and we are making
the same mistake again. We are again making property tax cut promises without
the financial means to pay for them. If history is any guide, our public schools
will end up paying the price.
HBi3 is one of the most significant bills to come before this body, but none
of its provisions will matter, none of our work will matter unless there is a plan to
sustain its investments in full beyond this biennium. Those of us voting in
support of HBi3 today must hold ourselves accountable for finding those revenue
streams in order for the 87th Legislature to honor this financial commitment.
Martinez Fischer, Beckley, J. González,
Goodwin, Israel, Meza, Morales, Muñoz,
Ramos, Rodriguez, and Rose
PROVIDING FOR ADJOURNMENT
At 8:25ip.m., Representative Flynn moved that, at the conclusion of the
signing of bills and resolutions and the receipt of messages from the senate, the
house adjourn until 3ip.m. tomorrow in memory of Master Sergeant Jonathan
J.iDunbar of Austin, Sergeant Cameron A.iMeddock of Spearman, Specialist
Alexander W.iMissildine of Tyler, Chief Warrant Officer 2 Lee M.iSmith of
Arlington, and Specialist Allen Levi Stigler Jr. of Arlington.
The motion prevailed.
ADJOURNMENT
In accordance with a previous motion, the house, at 2:54ip.m. Sunday,
Mayi25, adjourned until 3ip.m. today.
6142 86th LEGISLATURE — REGULAR SESSION
AAAAAADDENDUMAAAAA
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the
house by the speaker:
Senate List No. 28
SBi14, SBi21, SBi24, SBi26, SBi27, SBi37, SBi40, SBi139, SBi198,
SBi235, SBi285, SBi300, SBi357, SBi362, SBi437, SBi475, SBi493, SBi530,
SBi535, SBi607, SBi608, SBi615, SBi633, SBi658, SBi670, SBi683, SBi700,
SBi711, SBi772, SBi936, SBi969, SBi988, SBi1152, SBi1189, SBi1337,
SBi1468, SBi1474, SBi1497, SBi1510, SBi1525, SBi1545, SBi1575, SBi1582,
SBi1793, SBi1834, SBi1835, SBi1861, SBi1940, SBi2018, SBi2111, SBi2137,
SBi2200, SBi2286, SJRi24
Senate List No. 29
SBi7, SBi41, SBi54, SBi71, SBi212, SBi230, SBi237, SBi384, SBi405,
SBi511, SBi563, SBi569, SBi662, SBi706, SBi741, SBi819, SBi869, SBi1056,
SBi1177, SBi1184, SBi1219, SBi1231, SBi1303, SBi1311, SBi1404, SBi1636,
SBi1702, SBi1754, SBi1755, SBi2409, SCRi7, SCRi58, SCRi59
Senate List No. 30
SBi38, SBi68, SBi207, SBi232, SBi284, SBi289, SBi339, SBi340, SBi341,
SBi479, SBi504, SBi548, SBi550, SBi572, SBi575, SBi688, SBi708, SBi747,
SBi749, SBi810, SBi902, SBi907, SBi943, SBi948, SBi952, SBi976, SBi981,
SBi986, SBi1091, SBi1125, SBi1147, SBi1164, SBi1180, SBi1210, SBi1217,
SBi1221, SBi1230, SBi1271, SBi1283, SBi1319, SBi1336, SBi1374, SBi1386,
SBi1397, SBi1414, SBi1422, SBi1441, SBi1476, SBi1494, SBi1593, SBi1623,
SBi1640, SBi1642, SBi1778, SBi1788, SBi1806, SBi1827, SBi1828, SBi1852,
SBi1859, SBi1887, SBi1928, SBi1943, SBi1969, SBi1971, SBi1978, SBi2011,
SBi2015, SBi2073, SBi2083, SBi2119, SBi2143, SBi2168, SBi2215, SBi2223,
SBi2248, SBi2270, SBi2296, SBi2309, SBi2315, SBi2330, SBi2364, SBi2410,
SBi2445, SBi2456, SBi2531, SBi2558, SBi2060
Senate List No. 31
SBi16, SBi22, SBi25, SBi346, SBi632, SBi667, SBi709, SBi719, SBi748,
SBi750, SBi1214, SBi1238, SBi1621, SBi1823, SBi1876, SBi2293, SBi2535,
SCRi64
Senate List No. 32
SBi64, SBi65, SBi69, SBi194, SBi322, SBi345, SBi372, SBi489, SBi502,
SBi560, SBi1264, SBi2212
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6143
MESSAGES FROM THE SENATE
The following messages from the senate were today received by the house:
Message No. 1
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Saturday, May 25, 2019
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the
following action:
THE SENATE HAS CONCURRED IN THE HOUSE AMENDMENTS TO
THE FOLLOWING MEASURES:
SB 8 (30 Yeas, 0 Nays)
SB 58 (30 Yeas, 0 Nays)
SB 241 (30 Yeas, 0 Nays)
SB 483 (30 Yeas, 0 Nays)
SB 520 (30 Yeas, 0 Nays)
SB 592 (30 Yeas, 0 Nays)
SB 712 (30 Yeas, 0 Nays)
SB 751 (30 Yeas, 0 Nays)
SB 820 (30 Yeas, 0 Nays)
SB 1017 (30 Yeas, 0 Nays)
SB 1083 (30 Yeas, 0 Nays)
SB 1138 (30 Yeas, 0 Nays)
SB 1200 (30 Yeas, 0 Nays)
SB 1451 (30 Yeas, 0 Nays)
SB 1454 (30 Yeas, 0 Nays)
SB 1504 (29 Yeas, 1 Nay)
SB 1519 (30 Yeas, 0 Nays)
SB 1564 (30 Yeas, 0 Nays)
SB 1570 (30 Yeas, 0 Nays)
SB 1757 (30 Yeas, 0 Nays)
SB 1995 (25 Yeas, 5 Nays)
SB 2117 (27 Yeas, 3 Nays)
6144 86th LEGISLATURE — REGULAR SESSION
SB 2128 (30 Yeas, 0 Nays)
SB 2136 (30 Yeas, 0 Nays)
SB 2156 (30 Yeas, 0 Nays)
SB 2272 (30 Yeas, 0 Nays)
SB 2283 (29 Yeas, 1 Nay)
SB 2452 (22 Yeas, 8 Nays)
SB 2530 (30 Yeas, 0 Nays)
SB 2552 (28 Yeas, 2 Nays)
SB 2553 (30 Yeas, 0 Nays)
SJR 79 (22 Yeas, 8 Nays)
Respectfully,
Patsy Spaw
Secretary of the Senate
AAAAAAPPENDIXAAAAA
ENROLLED
May 24 - HBi5, HBi29, HBi69, HBi101, HBi279, HBi292, HBi356,
HBi368, HBi396, HBi406, HBi489, HBi515, HBi539, HBi555, HBi651,
HBi685, HBi687, HBi696, HBi706, HBi771, HBi803, HBi831, HBi956,
HBi996, HBi1135, HBi1343, HBi1401, HBi1404, HBi1474, HBi1524,
HBi1532, HBi1574, HBi1614, HBi1697, HBi1709, HBi1771, HBi1850,
HBi1900, HBi2042, HBi2305, HBi2318, HBi2364, HBi2365, HBi2629,
HBi2659, HBi2668, HBi2757, HBi2794, HBi2810, HBi2813, HBi2816,
HBi3091, HBi3117, HBi3124, HBi3145, HBi3147, HBi3163, HBi3203,
HBi3247, HBi3252, HBi3306, HBi3314, HBi3435, HBi3436, HBi3522,
HBi3635, HBi3716, HBi4075, HBi4350, HBi4673, HBi4674, HBi4698,
HBi4704, HBi4709, HBi4716, HBi4719, HBi4720, HBi4721, HBi4725,
HBi4728, HBi4729, HBi4731, HBi4734, HBi4741, HBi4744, HBi4747,
HBi4754, HBi4762, HCRi76, HCRi86, HCRi117, HCRi148, HCRi177,
HCRi180
SENT TO THE GOVERNOR
May 24 - HBi7, HBi23, HBi51, HBi93, HBi137, HBi162, HBi165,
HBi273, HBi277, HBi300, HBi304, HBi310, HBi330, HBi345, HBi369,
HBi387, HBi449, HBi455, HBi519, HBi541, HBi554, HBi587, HBi635,
HBi643, HBi653, HBi667, HBi678, HBi770, HBi807, HBi819, HBi837,
HBi881, HBi882, HBi884, HBi902, HBi1060, HBi1136, HBi1143, HBi1191,
HBi1225, HBi1306, HBi1307, HBi1379, HBi1505, HBi1542, HBi1605,
HBi1607, HBi1652, HBi1661, HBi1674, HBi1676, HBi1678, HBi1693,
Saturday, May 25, 2019 HOUSE JOURNAL — 74th Day 6145
HBi1717, HBi1791, HBi1810, HBi1815, HBi1888, HBi1891, HBi1896,
HBi1901, HBi1940, HBi2075, HBi2092, HBi2111, HBi2167, HBi2214,
HBi2229, HBi2245, HBi2256, HBi2290, HBi2331, HBi2358, HBi2461,
HBi2475, HBi2504, HBi2571, HBi2577, HBi2594, HBi2617, HBi2643,
HBi2660, HBi2677, HBi2698, HBi2709, HBi2734, HBi2780, HBi2789,
HBi2791, HBi2792, HBi2809, HBi2812, HBi2826, HBi2830, HBi2914,
HBi2950, HBi3006, HBi3007, HBi3011, HBi3022, HBi3040, HBi3044,
HBi3068, HBi3116, HBi3165, HBi3167, HBi3175, HBi3209, HBi3211,
HBi3214, HBi3228, HBi3300, HBi3339, HBi3366, HBi3386, HBi3394,
HBi3405, HBi3440, HBi3463, HBi3471, HBi3475, HBi3503, HBi3529,
HBi3601, HBi3656, HBi3663, HBi3671, HBi3688, HBi3689, HBi3754,
HBi3760, HBi3768, HBi3780, HBi3910, HBi3934, HBi4130, HBi4170,
HBi4171, HBi4172, HBi4173, HBi4179, HBi4195, HBi4236, HBi4520,
HBi4636, HBi4646, HBi4656, HBi4659, HBi4663, HBi4666, HBi4669,
HBi4671, HBi4675, HBi4680, HBi4684, HBi4691, HBi4692, HBi4694,
HBi4695, HBi4696, HBi4705, HBi4718, HBi4724, HBi4726, HBi4727,
HBi4733, HCRi35, HCRi120
SENT TO THE SECRETARY OF THE STATE
May 24 - HJRi38, HJRi95
RECOMMENDATIONS FILED WITH THE SPEAKER
May 24 - HBi3095, HBi3122, HBi4760, HBi4763, HBi4764, HBi4765
SIGNED BY THE GOVERNOR
May 24 - HBi39, HBi71, HBi105, HBi306, HBi339, HBi347, HBi374,
HBi380, HBi392, HBi402, HBi405, HBi559, HBi598, HBi695, HBi723,
HBi791, HBi799, HBi811, HBi853, HBi917, HBi986, HBi1064, HBi1067,
HBi1218, HBi1300, HBi1331, HBi1385, HBi1415, HBi1422, HBi1494,
HBi1508, HBi1520, HBi1525, HBi1554, HBi1821, HBi1996, HBi2039,
HBi2079, HBi2105, HBi2127, HBi2228, HBi2235, HBi2243, HBi2298,
HBi2326, HBi2330, HBi2338, HBi2425, HBi2458, HBi2471, HBi2551,
HBi2570, HBi2597, HBi2820, HBi2900, HBi3020, HBi3217, HBi3422,
HBi3459, HBi3580, HBi4651, HCRi47, HCRi59, HCRi122
FILED WITHOUT THE GOVERNOR ’S SIGNATURE
May 24 - HBi2888, HBi3093, HBi3094, HBi3095, HBi3122, HBi3246,
HBi4650, HBi4654