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A BILL TO BE ENTITLED
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AN ACT
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relating to the assignment of certain behavioral health |
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professionals and school counselors to a public school campus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 33, Education Code, is |
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amended by adding Section 33.906 to read as follows: |
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Sec. 33.906. SCHOOL PSYCHOLOGIST, LICENSED PROFESSIONAL |
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COUNSELOR, LICENSED CLINICAL SOCIAL WORKER OR SCHOOL COUNSELOR. |
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(a) A school district with a campus that has an Average Daily |
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Attendance of 250 or more that receives additional state aid under |
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Section 42.25192 shall assign, at each campus in the district with |
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an enrollment of 250 students or more, at least one full-time: |
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(1) school psychologist licensed under Chapter 501, |
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Occupations Code; |
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(2) licensed professional counselor licensed under |
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Chapter 503, Occupations Code; |
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(3) licensed clinical social worker licensed under |
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Chapter 505, Occupations Code; or |
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(4) a school counselor certified under the rules of |
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the State Board for Educator Certification. |
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(b) In addition to other duties, the duties of a school |
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psychologist, licensed professional counselor, licensed clinical |
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social worker, or school counselor assigned under this section must |
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include the following: |
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(1) assisting students in confidential counseling |
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matters; |
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(2) advising students and parents regarding |
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graduation requirements in accordance with Section 28.025; or |
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(3) both (1) and (2). |
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(c) A school counselor assigned under this section shall |
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fulfill all the requirements for a school counselor imposed by |
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statute including: |
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(1) duties assigned under Subchapter A, Chapter 33, |
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(2) duties assigned under 28.0212 and 28.02121. |
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(d) A school psychologist, licensed professional counselor, |
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licensed clinical social worker, or school counselor assigned under |
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this section may not consult with a student without the permission |
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of the student's parent or guardian unless: |
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(1) the safety of the student is at issue; |
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(2) the student is potentially at risk of being |
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involved in domestic violence; or |
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(3) a court order allows or requires the consultation |
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without the permission. |
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(e) A school district may not require a school psychologist, |
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licensed professional counselor, licensed clinical social worker, |
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or school counselor funded or partially funded from funds received |
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by the district under 42.451 to spend time administering assessment |
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instruments or providing other assistance in connection with |
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assessment instruments, except for time spent in interpreting data |
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from assessment instruments. |
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(f) A person assigned to a campus under subsection (a)(1) |
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may serve more than one campus of the district except that the |
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average ratio of students to a person described by subsection |
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(a)(1) may not exceed 250 to 1. |
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(g) A district that receives additional state aide under |
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Section 42.25192 shall periodically report the ratio described by |
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subsection (f) to the commissioner. |
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(h) A district must use funds received under Section |
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42.25192 to assign full-time personnel described by Subsection (a) |
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at each campus in accordance with subsection (f). Each of the |
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personnel used to satisfy subsection (f) is subject to the |
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provisions of Subsections (b), (c), (d), (e) and (f). |
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(i) A school district satisfying the requirements of |
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subsection (f) may use funds received under Section 42.25192 for |
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training or other purposes related to implementing this enactment. |
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(j) Alternatively, a school district satisfying the |
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requirements of subsection (f) may reserve any unexpended balance |
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from funds received under Section 42.25192 for use in fulfilling |
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this enactment in the following school year. |
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(k) A school district is required to comply with Subsection |
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(a) only to the extent that: |
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(1) the legislature has appropriated money to the |
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Texas Education Agency for the purpose of reimbursing school |
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districts for the expenses incurred in complying with Subsection |
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(a), pursuant to Section 2 of this enactment; and |
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(2) out of the funds described in Subchapter E, |
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Chapter 42, Section 42.25192, Education Code, the Texas Education |
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Agency pays or commits to pay the district for the expenses incurred |
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in complying with Subsection (a), pursuant to Section 2 of this |
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enactment. |
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SECTION 2. Subchapter E, Chapter 42, Education Code is |
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amended by adding Section 42.25192 to read as follows: |
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Sec. 42.25192. ADDITIONAL STATE AID FOR SCHOOL |
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PSYCHOLOGISTS, LICENSED PROFESSIONAL COUNSELORS, LICENSED CLINICAL |
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SOCIAL WORKERS OR SCHOOL COUNSELOR. (a) Each school year, from |
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funds available under Subsection (b) and Subsection (e) of this |
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section, the commissioner shall distribute additional state aid in |
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an amount determined by the commissioner under this enactment to |
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eligible school districts as provided by Subsection (d) to assist |
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the districts in employing the number of school psychologists, |
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licensed professional counselors, licensed clinical social |
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workers, or schools counselors described by Section 33.906. |
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(b) Not later than August 31st of each year, the comptroller |
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shall transfer from the general revenue fund to the foundation |
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school fund for purposes of this enactment an amount equal to |
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three-quarters of the net revenue of receipts dedicated from the |
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sale of tax stamps and funds derived from taxes on distilled |
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spirits, wine, beer, and ale and malt liquor deposited to the |
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general revenue fund under Section 205.02, Alcoholic Beverage Code, |
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in accordance with Section 4 of this enactment. Money transferred |
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to the foundation school fund under this subsection may be |
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appropriated only for assistance to school districts for the |
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purpose of the employment by a school district of a school |
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counselor, school psychologist, licensed professional counselor, |
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or licensed clinical social worker, as described by Section 33.906. |
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(c) For every school district, the commissioner shall: |
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(1) Using prior year ADA as defined by Section 42.005, |
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assign each school district a number of units equivalent to |
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dividing the total number of students in average daily attendance |
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by 250, rounding to the nearest whole number; |
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(2) Assign a value of $80,000, or greater amount by |
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appropriation, for each unit; and |
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(3) Calculate an amount equivalent to multiplying the |
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number of units calculated under (c) (1) by (c) (2). |
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(d) The commissioner shall distribute funds transferred |
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under subsection (b), including any funds from subsection (), as |
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follows: |
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(1) the commissioner shall rank each school district |
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in order of highest percentage of educationally disadvantaged |
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students, as defined by Section 42.25192(b), using prior year |
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numbers for ADA and educationally disadvantaged students; and |
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(2) beginning with the school district with the |
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highest percentage of educationally disadvantaged students, the |
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commissioner shall award the amount calculated for each school |
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district under (c) (3) in descending order of percentage of |
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educationally disadvantaged students until the commissioner may no |
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longer award the full amount calculated for a school district. |
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(e) The commissioner shall reserve any unexpended balance |
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and add it to the annual transfer under subsection (b) for |
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distribution the following year. |
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(f) Funds transferred under subsection (b) or reserved |
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under subsection (e) may only be used for purposes of this section. |
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(g) State aid received by a district under this section is |
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in addition to any entitlements a district receives under Chapter |
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41 or other provisions of Chapter 42. |
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(h) The commissioner may adopt rules as necessary to |
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administer this section. |
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SECTION 3. (a) Except as otherwise provided by this |
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section, Sections 33.906 and 42.25192(a), Education Code, as added |
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by this Act, apply beginning with the 2015-2016 school year. |
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(b) A school district shall employ a school psychologist, |
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licensed professional counselor, licensed clinical social worker, |
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or school counselor as required by Section 33.906, Education Code, |
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as added by this Act, as soon as practicable and not later than 30 |
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days after the district receives approval of state aid for that |
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purpose under Section 42.25192, Education Code, as added by this |
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Act. |
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(c) Section 42.25192(b), Education Code, as added by this |
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Act, applies beginning September 1, 2015. |
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SECTION 4. Chapter 205, Section 205.02, Alcoholic Beverage |
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Code is amended to read as follows: |
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Sec. 205.02. DISPOSITION OF RECEIPTS. |
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Text of (a) as amended by Acts 1984, 68th Leg., 2nd C.S., ch. 28, |
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art. II, part B, Sec. 12 |
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(a)
After allocation of funds to defray administrative
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expenses as provided in the current departmental appropriations
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act, receipts from the sale of tax stamps and funds derived from
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taxes on distilled spirits, wine, beer, and ale and malt liquor
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shall be deposited in the general revenue fund.
An amount equal to
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one-fourth of the net revenue shall be transferred to the
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foundation school fund, and an amount equal to three-fourths of the
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net revenue shall be credited to the general revenue fund.
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Text of (a) as amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, |
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art. 2, Sec. 22 |
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(a) After allocation of funds to defray administrative |
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expenses as provided in the current departmental appropriations |
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act, receipts from the sale of tax stamps and funds derived from |
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taxes on distilled spirits, wine, beer, and ale and malt liquor |
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shall be deposited in the general revenue fund. An amount equal to |
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5/24ths of the net revenue shall be transferred to the available |
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school fund, an amount equal to 1/24th of the net revenue shall be |
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transferred to the foundation school fund, and an amount equal to |
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three-fourths of the net revenue shall be credited to the general
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revenue fund. transferred to the foundation school fund |
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specifically for purposes of allocation by the commissioner of |
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education according to Sections 33.906 and 42.25192, Education |
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Code. |
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SECTION 5. This act creates the legislative authority for |
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an appropriation to be made. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |