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  H.B. No. 828
 
 
 
 
AN ACT
  relating to the computation of certain amounts under the Foundation
  School Program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.2516, Education Code, is amended by
  amending Subsection (b) and adding Subsections (b-2), (f-1), (f-2),
  and (f-3) to read as follows:
         (b)  Subject to Subsections (b-2), (f-1), (g), and (h), but
  notwithstanding any other provision of this title, a school
  district is entitled to state revenue necessary to provide the
  district with the sum of:
               (1)  the amount of state revenue necessary to maintain
  state and local revenue per student in weighted average daily
  attendance in the amount equal to the greater of:
                     (A)  the amount of state and local revenue per
  student in weighted average daily attendance for the maintenance
  and operations of the district available to the district for the
  2005-2006 school year;
                     (B)  the amount of state and local revenue per
  student in weighted average daily attendance for the maintenance
  and operations of the district to which the district would have been
  entitled for the 2006-2007 school year under this chapter, as it
  existed on January 1, 2006, or, if the district would have been
  subject to Chapter 41, as that chapter existed on January 1, 2006,
  the amount to which the district would have been entitled under that
  chapter, based on the funding elements in effect for the 2005-2006
  school year, if the district imposed a maintenance and operations
  tax at the rate adopted by the district for the 2005 tax year; or
                     (C)  the amount of state and local revenue per
  student in weighted average daily attendance for the maintenance
  and operations of the district to which the district would have been
  entitled for the 2006-2007 school year under this chapter, as it
  existed on January 1, 2006, or, if the district would have been
  subject to Chapter 41, as that chapter existed on January 1, 2006,
  the amount to which the district would have been entitled under that
  chapter, based on the funding elements in effect for the 2005-2006
  school year, if the district imposed a maintenance and operations
  tax at the rate equal to the rate described by Section 26.08(i) or
  (k)(1), Tax Code, as applicable, for the 2006 tax year;
               (2)  an amount equal to the product of $2,500
  multiplied by the number of classroom teachers, full-time
  librarians, full-time counselors certified under Subchapter B,
  Chapter 21, and full-time school nurses employed by the district
  and entitled to a minimum salary under Section 21.402; and
               (3)  an amount equal to the product of $275 multiplied
  by the number of students in average daily attendance in grades nine
  through 12 in the district.
         (b-2)  The amount determined for a school district under
  Subsection (b) is increased or reduced as follows:
               (1)  if for any school year the district is entitled to
  a greater allotment under Section 42.155 or greater additional
  state aid under Section 42.2515 than the allotment or additional
  state aid to which the district was entitled under Section 42.155 or
  42.2515, as applicable, for the school year on which the district's
  entitlement under Subsection (b) is based, the district's
  entitlement under Subsection (b) is increased by an amount equal to
  the difference between the amount to which the district is entitled
  under Section 42.155 or 42.2515, as applicable, for that school
  year and the amount to which the district was entitled under the
  applicable section, as applicable for:
                     (A)  the 2005-2006 school year, if the amount
  determined for the district under Subsection (b) is determined
  under Subsection (b)(1)(A); or
                     (B)  the 2006-2007 school year, if the amount
  determined for the district under Subsection (b) is determined
  under Subsection (b)(1)(B) or (C); and
               (2)  if for any school year the district is not entitled
  to an allotment under Section 42.155 or additional state aid under
  Section 42.2515 or is entitled to a lesser allotment or less
  additional state aid under the applicable section than the
  allotment or additional state aid to which the district was
  entitled under the applicable section for the school year on which
  the district's entitlement under Subsection (b) is based, the
  district's entitlement under Subsection (b) is reduced by an amount
  equal to the difference between the amount to which the district was
  entitled under Section 42.155 or 42.2515, as applicable, for the
  2005-2006 or 2006-2007 school year, as appropriate based on whether
  the district's entitlement under Subsection (b) is determined under
  Subsection (b)(1)(A), (B), or (C), and the amount to which the
  district is entitled under the applicable section for the current
  school year.
         (f-1)  The commissioner shall, in accordance with rules
  adopted by the commissioner, adjust the amount of a school
  district's local revenue derived from maintenance and operations
  tax collections, as calculated for purposes of determining the
  amount of state revenue to which the district is entitled under this
  section, if the district, for the 2007 tax year or a subsequent tax
  year:
               (1)  adopts an exemption under Section 11.13(n), Tax
  Code, that was not in effect for the 2005 or 2006 tax year, or
  eliminates an exemption under Section 11.13(n), Tax Code, that was
  in effect for the 2005 or 2006 tax year;
               (2)  adopts an exemption under Section 11.13(n), Tax
  Code, at a greater or lesser percentage than the percentage in
  effect for the district for the 2005 or 2006 tax year;
               (3)  grants an exemption under an agreement authorized
  by Chapter 312, Tax Code, that was not in effect for the 2005 or 2006
  tax year, or ceases to grant an exemption authorized by that chapter
  that was in effect for the 2005 or 2006 tax year; or
               (4)  agrees to deposit taxes into a tax increment fund
  created under Chapter 311, Tax Code, under a reinvestment zone
  financing plan that was not in effect for the 2005 or 2006 tax year,
  or ceases depositing taxes into a tax increment fund created under
  that chapter under a reinvestment zone financing plan that was in
  effect for the 2005 or 2006 tax year.
         (f-2)  The rules adopted by the commissioner under
  Subsection (f-1) must:
               (1)  require the commissioner to determine, as if this
  section did not exist, the effect under Chapter 41 and this chapter
  of a school district's action described by Subsection (f-1)(1),
  (2), (3), or (4) on the total state revenue to which the district
  would be entitled or the cost to the district of purchasing
  sufficient attendance credits to reduce the district's wealth per
  student to the equalized wealth level; and
               (2)  require an increase or reduction in the amount of
  state revenue to which a school district is entitled under
  Subsection (b) that is substantially equivalent to any change in
  total state revenue or the cost of purchasing attendance credits
  that would apply to the district if this section did not exist.
         (f-3)  An adjustment made by the commissioner under the rules
  adopted under Subsection (f-1) is final and may not be appealed.
         SECTION 2.  Effective September 1, 2010, Section
  42.302(a-1), Education Code, is amended to read as follows:
         (a-1)  In this section, "wealth per student" has the meaning
  assigned by Section 41.001. For 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)  the amount of district tax revenue per weighted
  student per cent of tax effort available to a district at the 88th
  percentile in wealth per student, as determined by the commissioner
  in cooperation with the Legislative Budget Board, for the
  district's maintenance and operations tax effort equal to or less
  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;
               (2)  the greater of the amount of district tax 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, or the amount 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 six cents by which the district's maintenance and
  operations tax rate exceeds the rate equal to the product of the
  state compression percentage, as determined under Section 42.2516
  [and notwithstanding the limitation on district enrichment tax rate
  ("DTR") under Section 42.303], multiplied by the maintenance and
  operations tax rate adopted by the district for the 2005 tax year;
  and
               (3)  $31.95, for the district's maintenance and
  operations tax effort that exceeds the amount of tax effort
  described by Subdivision (2).
         SECTION 3.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 828 was passed by the House on May 9,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 828 on May 25, 2007, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 828 on May 27, 2007, by the following vote:  Yeas 146,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 828 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 29, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  828 on May 27, 2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor