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A BILL TO BE ENTITLED
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AN ACT
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relating to the flexibility of the board of trustees of a school |
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district in the management and operation of public schools in the |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.206(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than the 10th [45th] day after [before] the |
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last day of instruction in a school year, the board of trustees |
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shall notify in writing each teacher whose contract is about to |
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expire whether the board proposes to renew or not renew the |
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contract. |
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SECTION 2. Section 21.402(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection [(d),] (e)[,] or (f), a |
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school district must pay each classroom teacher, full-time |
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librarian, full-time counselor certified under Subchapter B, or |
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full-time school nurse not less than the minimum monthly salary, |
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based on the employee's level of experience in addition to other |
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factors, as determined by commissioner rule, determined by the |
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following formula: |
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MS = SF x FS |
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where: |
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"MS" is the minimum monthly salary; |
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"SF" is the applicable salary factor specified by Subsection |
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(c); and |
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"FS" is the amount, as determined by the commissioner under |
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Subsection (b), of state and local funds per weighted student, |
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including funds provided under Section 42.2516, available to a |
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district eligible to receive state assistance under Section 42.302 |
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with a maintenance and operations tax rate per $100 of taxable value |
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equal to the product of the state compression percentage, as |
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determined under Section 42.2516, multiplied by $1.50, except that |
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the amount of state and local funds per weighted student does not |
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include the amount attributable to the increase in the guaranteed |
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level made by Chapter 1187, Acts of the 77th Legislature, Regular |
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Session, 2001. |
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SECTION 3. Section 28.0211(c), Education Code, is amended |
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to read as follows: |
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(c) Each time a student fails to perform satisfactorily on |
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an assessment instrument specified under Subsection (a), the school |
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district in which the student attends school shall provide to the |
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student accelerated instruction in the applicable subject area, |
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including reading instruction for a student who fails to perform |
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satisfactorily on a reading assessment instrument. After a student |
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fails to perform satisfactorily on an assessment instrument a |
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second time, a grade placement committee shall be established to |
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prescribe the accelerated instruction the district shall provide to |
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the student before the student is administered the assessment |
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instrument the third time. The grade placement committee shall be |
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composed of the principal or the principal's designee, the |
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student's parent or guardian, and the teacher of the subject of an |
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assessment instrument on which the student failed to perform |
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satisfactorily. The district shall notify the parent or guardian |
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of the time and place for convening the grade placement committee |
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and the purpose of the committee. [An accelerated instruction
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group administered by a school district under this section may not
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have a ratio of more than 10 students for each teacher.] |
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SECTION 4. Section 30A.107(b), Education Code, is amended |
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to read as follows: |
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(b) A student who is enrolled in a school district or |
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open-enrollment charter school in this state as a full-time student |
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may take one or more electronic courses through the state virtual |
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school network. The commissioner may not limit the number of |
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electronic courses a student to whom this subsection applies may |
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take through the state virtual school network. |
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SECTION 5. Section 44.004, Education Code, is amended by |
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adding Subsection (g-1) to read as follows: |
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(g-1) If the rate calculated under Section |
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44.004(c)(5)(A)(ii)(b) decreases after the publication of the |
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notice required by this section, the president is not required to |
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publish another notice or call another meeting to discuss and adopt |
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the budget and the proposed lower tax rate. |
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SECTION 6. Section 1951.052(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Section [Sections 1951.212 and] |
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1951.457(c), this chapter does not apply to a person who performs |
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pest control work on property that the person owns or leases as the |
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person's dwelling. |
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SECTION 7. Section 1951.053(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Section [Sections 1951.212 and] |
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1951.457(c), this chapter does not apply to: |
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(1) a person who performs pest control work on growing |
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plants, trees, shrubs, grass, or other horticultural plants if the |
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person holds a commercial or noncommercial applicator license |
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from the department and issued under Chapter 76, Agriculture Code, |
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that covers the pest control work; or |
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(2) a person who performs pest control work on growing |
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plants, trees, shrubs, grass, or other horticultural plants or |
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rights-of-way if the person: |
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(A) is employed by a political subdivision or a |
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cemetery; |
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(B) is engaged in pest control work or vegetation |
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management for the political subdivision or cemetery; |
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(C) holds a commercial or noncommercial |
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applicator license from the department and issued under Chapter 76, |
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Agriculture Code, that covers pest control work or is under the |
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direct supervision of a person who holds a commercial or |
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noncommercial applicator license from the department and issued |
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under Chapter 76, Agriculture Code, that covers pest control work; |
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and |
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(D) complies with annual continuing education |
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required by the department. |
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SECTION 8. Section 1951.054(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Section [Sections 1951.212 and] |
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1951.457(c), this chapter does not apply to a person or the person's |
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employee who is engaged in the business of agriculture or aerial |
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application or custom application of pesticides to agricultural |
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lands. |
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SECTION 9. Section 1951.055(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Section [Sections 1951.212 and] |
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1951.457(c), this chapter does not apply to a person who uses pest |
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control chemicals that are for household use and are available for |
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purchase in retail food stores, such as aerosol bombs and spray |
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cans, if the insecticide is used in accordance with the label |
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directions on the insecticide or with department rules or |
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guidelines or as provided by Section 1951.303 and is: |
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(1) used by the owner of a building or the owner's |
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employee or agent in an area occupied by the owner in a residential |
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building; or |
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(2) used in a place that is vacant, unused, and |
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unoccupied. |
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SECTION 10. Section 1951.056(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Section [Sections 1951.212 and] |
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1951.457(c), this chapter does not apply to a person acting as a |
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beekeeper, as defined by Section 131.001, Agriculture Code, who: |
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(1) is registered with the chief apiary inspector as |
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provided by Subchapter C, Chapter 131, Agriculture Code; |
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(2) does not use pesticides or electrical devices |
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other than conventional bee smokers or equipment as defined by |
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Section 131.001, Agriculture Code; and |
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(3) collects, removes, or destroys honey bees. |
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SECTION 11. Section 1951.059(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department by rule may exempt an activity from all |
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or part of the requirements of this chapter [, other than a
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requirement under Section 1951.212,] if the department determines |
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that the activity presents only a minimal risk of harm to the |
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health, safety, and welfare of the public, the person performing |
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the activity, pets and other domesticated animals, and the |
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environment. |
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SECTION 12. Section 26.05(a), Tax Code, is amended to read |
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as follows: |
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(a) The governing body of each taxing unit, before the later |
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of September 30 or the 60th day after the date the certified |
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appraisal roll is received by the taxing unit, shall adopt a tax |
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rate for the current tax year and shall notify the assessor for the |
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unit of the rate adopted. The tax rate consists of two components, |
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each of which must be approved separately. The components are: |
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(1) for a taxing unit other than a school district, the |
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rate that, if applied to the total taxable value, will impose the |
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total amount published under Section 26.04(e)(3)(C), less any |
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amount of additional sales and use tax revenue that will be used to |
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pay debt service, or, for a school district, the rate calculated |
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[published] under Section 44.004(c)(5)(A)(ii)(b), Education Code; |
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and |
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(2) the rate that, if applied to the total taxable |
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value, will impose the amount of taxes needed to fund maintenance |
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and operation expenditures of the unit for the next year. |
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SECTION 13. The following provisions are repealed: |
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(1) Section 21.402(d), Education Code; and |
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(2) Section 1951.212, Occupations Code. |
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SECTION 14. The change in law made by the repeal of Section |
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21.402(d), Education Code, applies beginning with the 2012-2013 |
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school year. |
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SECTION 15. The change in law made by Sections 28.0211(c) |
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and 30A.107(b), Education Code, as amended by this Act, and the |
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repeal of Section 1951.212, Occupations Code, applies beginning |
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with the 2011-2012 school year. |
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SECTION 16. The change in law made by Section 44.004(g-1), |
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Education Code, as added by this Act, applies beginning with |
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adoption of a tax rate for the 2011 tax year. |
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SECTION 17. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |