


A BILL TO BE ENTITLED


AN ACT


relating to the regular program adjustment factor under the 

Foundation School Program. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 

SECTION 1. The heading to Section 42.101, Education Code, 

is amended to read as follows: 

Sec. 42.101. BASIC ALLOTMENT [AND REGULAR PROGRAM


ALLOTMENTS]. 

SECTION 2. Section 42.101(a), Education Code, is amended to 

read as follows: 

(a) For each student in average daily attendance, not 

including the time students spend each day in special education 

programs in an instructional arrangement other than mainstream or 

career and technology education programs, for which an additional 

allotment is made under Subchapter C, a district is entitled to an 

[The basic] allotment [is an amount] equal to the lesser of $4,765 

or the amount that results from the following formula: 

A = $4,765 X (DCR/MCR) 

where: 

"A" is the allotment to which [resulting amount for] a 

district is entitled; 

"DCR" is the district's compressed tax rate, which is the 

product of the state compression percentage, as determined under 

Section 42.2516, multiplied by the maintenance and operations tax 

rate adopted by the district for the 2005 tax year; and 

"MCR" is the state maximum compressed tax rate, which is the 

product of the state compression percentage, as determined under 

Section 42.2516, multiplied by $1.50. 

SECTION 3. Section 42.105, Education Code, is amended to 

read as follows: 

Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding 

Sections 42.101, 42.102, and 42.103, a school district that has 

fewer than 130 students in average daily attendance shall be 

provided an adjusted basic [a regular program] allotment on the 

basis of 130 students in average daily attendance if it offers a 

kindergarten through grade 12 program 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 an adjusted basic [a


regular program] 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 [regular program] 

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. 

SECTION 4. Section 42.251(a), Education Code, is amended to 

read as follows: 

(a) The sum of the basic [regular program] allotment under 

Subchapter B and the special allotments under Subchapter C, 

computed in accordance with this chapter, constitute the tier one 

allotments. The sum of the tier one allotments and the guaranteed 

yield allotments under Subchapter F, computed in accordance with 

this chapter, constitute the total cost of the Foundation School 

Program. 

SECTION 5. The following sections of the Education Code are 

repealed: 

(1) Sections 12.106(a3) and (a4); and 

(2) Sections 42.101(c), (c1), (c2), and (c3). 

SECTION 6. The following sections of Chapter 4 (S.B. 1), 

Acts of the 82nd Legislature, 1st Called Session, 2011, which are 

effective September 1, 2015, are repealed: 

(1) Section 57.09, which amended Section 42.101, 

Education Code; 

(2) Section 57.11, which amended Section 42.105, 

Education Code; and 

(3) Section 57.15, which amended Section 42.251(a), 

Education Code. 

SECTION 7. This Act takes effect September 1, 2013. 