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Amend CSHB 3646 by adding the following appropriately
numbered SECTIONS and renumbering subsequent SECTIONS of the bill
accordingly:
SECTION ____. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.25151 to read as follows:
Sec. 42.25151. ADJUSTMENT FOR SUPPLEMENTAL PAYMENTS
ASSOCIATED WITH AGREEMENTS UNDER TEXAS ECONOMIC DEVELOPMENT ACT.
(a) In this section, "supplemental payment" means a payment or
other benefit, other than a revenue protection payment authorized
by Section 313.027(f)(1), Tax Code, provided in connection with an
agreement between a property owner and a school district under
Chapter 313, Tax Code, by or on behalf of the property owner to:
(1) the district; or
(2) a foundation or other entity created to benefit
the district or the district's students.
(b) Notwithstanding Section 42.2516, the commissioner shall
for any school year, subject to Subsection (b-1):
(1) reduce the amounts due to a school district under
this chapter by an amount equal to the value of any supplemental
payment received during that school year by the district or a
foundation or other entity created to benefit the district or the
district's students; or
(2) increase the amounts necessary for a school
district to comply with the requirements of Chapter 41 by an amount
equal to the value of any supplemental payments received during
that school year by the district or a foundation or other entity
created to benefit the district or the district's students.
(b-1) Each school year, a school district is entitled to
retain a total benefit from supplemental payments not to exceed the
amount equal to $100 per student in average daily attendance.
(c) A school district shall:
(1) report each supplemental payment through the
Public Education Information Management System (PEIMS); and
(2) clearly identify each supplemental payment in the
district's adopted budget and in the annual report required by
Section 44.007.
(d) The commissioner, in consultation with the comptroller,
as appropriate, may adopt rules necessary to implement this
section.
SECTION ____. Section 313.027, Tax Code, is amended by
adding Subsection (i) to read as follows:
(i) A person and the school district may not enter into an
agreement under which the person agrees to provide supplemental
payments to a school district in an amount that exceeds an amount
equal to $100 per student per year in average daily attendance, as
defined by Section 42.005, Education Code, or for a period that
exceeds the period described by Section 313.021(4) or 313.104(2)(B)
of this code. This limit does not apply to amounts described by
Subsection (f)(1) of this section.