HB2079 - Relating to repeal of provisions requiring a school district to reduce its local revenue level in excess of entitlement.

  89R3131 MM-D     By: Shaheen H.B. No. 2079       A BILL TO BE ENTITLED   AN ACT   relating to repeal of provisions requiring a school district to   reduce its local revenue level in excess of entitlement.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.013(b), Education Code, is amended to   read as follows:          (b)  A home-rule school district is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  a provision of this title relating to limitations   on liability; and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  educator certification under Chapter 21 and   educator rights under Sections 21.407, 21.408, and 22.001;                      (C)  criminal history records under Subchapter C,   Chapter 22;                      (D)  student admissions under Section 25.001;                      (E)  school attendance under Sections 25.085,   25.086, and 25.087;                      (F)  inter-district or inter-county transfers of   students under Subchapter B, Chapter 25;                      (G)  elementary class size limits under Section   25.112, in the case of any campus in the district that fails to   satisfy any standard under Section 39.054(e);                      (H)  high school graduation under Section 28.025;                      (I)  special education programs under Subchapter   A, Chapter 29;                      (J)  bilingual education under Subchapter B,   Chapter 29;                      (K)  prekindergarten programs under Subchapter E,   Chapter 29;                      (L)  safety provisions relating to the   transportation of students under Sections 34.002, 34.003, 34.004,   and 34.008;                      (M)  computation and distribution of state aid   under Chapters 31, 43, and 48;                      (N)  extracurricular activities under Section   33.081;                      (O)  health and safety under Chapter 38;                      (P)  the provisions of Subchapter A, Chapter 39;                      (Q)  public school accountability and special   investigations under Subchapters A, B, C, D, and J, Chapter 39, and   Chapter 39A;                      (R)  [ options for local revenue levels in excess   of entitlement under Chapter 49;                      [ (S) ]  a bond or other obligation or tax rate   under Chapters 43, 45, and 48;                       (S)  [ (T) ]  purchasing under Chapter 44; and                       (T)  [ (U) ]  parental options to retain a student   under Section 28.02124.          SECTION 2.  Section 12.029(b), Education Code, is amended to   read as follows:          (b)   If [ Except as provided by Subchapter H, Chapter 49, if ]   two or more school districts having different status, one of which   is home-rule school district status, consolidate into a single   district, the petition under Section 13.003 initiating the   consolidation must state the status for the consolidated district.   The ballot shall be printed to permit voting for or against the   proposition: "Consolidation of (names of school districts) into a   single school district governed as (status of school district   specified in the petition)."          SECTION 3.  Section 13.054(i), Education Code, is amended to   read as follows:          (i)  The funding provided under Subsection (f), (g), or (h)   is in addition to other funding the district receives through other   provisions of this code, including funding the district receives   under Chapter [ Chapters ] 48 [ and 49 ].          SECTION 4.  Section 25.081(f), Education Code, is amended to   read as follows:          (f)  The commissioner may proportionally reduce the amount   of funding a district receives under Chapter 46 or [ , ] 48[ , or 49 ]   and the average daily attendance calculation for the district if   the district operates on a calendar that provides fewer minutes of   operation than required under Subsection (a).          SECTION 5.  Section 29.087(j), Education Code, is amended to   read as follows:          (j)  For purposes of funding under Chapters 46 and [ , ] 48,   [ and 49, ] a student attending a program authorized by this section   may be counted in attendance only for the actual number of hours   each school day the student attends the program, in accordance with   Section 25.081.          SECTION 6.  Section 29.203(b), Education Code, is amended to   read as follows:          (b)  A school district is entitled to the allotment provided   by Section 48.107 for each eligible student using a public   education grant. [ If the district has a local revenue level greater   than the guaranteed local revenue level but less than the level   established under Section 48.257, a school district is entitled   under rules adopted by the commissioner to additional state aid in   an amount equal to the difference between the cost to the district   of providing services to a student using a public education grant   and the sum of the state aid received because of the allotment under   Section 48.107 and money from the available school fund   attributable to the student. ]          SECTION 7.  Section 37.0061, Education Code, is amended to   read as follows:          Sec. 37.0061.  FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN   JUVENILE RESIDENTIAL FACILITIES. A school district that provides   education services to pre-adjudicated and post-adjudicated   students who are confined by court order in a juvenile residential   facility operated by a juvenile board is entitled to count such   students in the district's average daily attendance for purposes of   receipt of state funds under the Foundation School Program. [ If the   district has a local revenue level greater than the guaranteed   local revenue level but less than the level established under   Section 48.257, the district in which the student is enrolled on the   date a court orders the student to be confined to a juvenile   residential facility shall transfer to the district providing   education services an amount equal to the difference between the   average Foundation School Program costs per student of the district   providing education services and the sum of the state aid and the   money from the available school fund received by the district that   is attributable to the student for the portion of the school year   for which the district provides education services to the student. ]          SECTION 8.  Section 45.251(2), Education Code, is amended to   read as follows:                (2)  "Foundation School Program" means the program   established under Chapters 46 and [ , ] 48, [ and 49, ] or any successor   program of state appropriated funding for school districts in this   state.          SECTION 9.  Section 45.261(a), Education Code, is amended to   read as follows:          (a)  If the commissioner orders payment from the money   appropriated to the Foundation School Program on behalf of a school   district [ that is not required to reduce its local revenue level   under Section 48.257 ], the commissioner shall direct the   comptroller to withhold the amount paid from the first state money   payable to the district. If the commissioner orders payment from   the money appropriated to the Foundation School Program on behalf   of a school district that is not entitled to state assistance under   Chapter 48 [ required to reduce its local revenue level under   Section 48.257 ], the commissioner shall order [ increase amounts due   from ] the district to remit to the commissioner an [ under Chapter 49   in a total ] amount equal to the amount of payments made on behalf of   the district under this subchapter. Amounts withheld or received   under this subsection shall be used for the Foundation School   Program.          SECTION 10.  Section 48.010(b), Education Code, is amended   to read as follows:          (b)  In making the determinations regarding funding levels   required by Subsection (a), the commissioner shall:                (1)  make adjustments as necessary to reflect changes   in a school district's maintenance and operations tax rate; and                (2)  [ for a district required to reduce its local   revenue level under Section 48.257, base the determinations on the   district's net funding levels after deducting any amounts required   to be expended by the district to comply with Chapter 49; and                [ (3) ]  determine a district's weighted average daily   attendance in accordance with this chapter as it existed on January   1, 2011.          SECTION 11.  Section 48.252(b), Education Code, is amended   to read as follows:          (b)  Notwithstanding any other provision of this chapter [ or   Chapter 49 ], a school district subject to this section is entitled   to receive for each student in average daily attendance at the   campus or program described by Subsection (a) an amount equivalent   to the difference, if the difference results in increased funding,   between:                (1)  the amount described by Section 12.106; and                (2)  the amount to which the district would be entitled   under this chapter.          SECTION 12.  Sections 48.2543(a) and (a-1), Education Code,   are amended to read as follows:          (a)  For the 2022-2023 school year, a school district is   entitled to additional state aid to the extent that state and local   revenue under this chapter and former Chapter 49 is less than the   state and local revenue that would have been available to the   district under this chapter and former  Chapter 49 as those chapters   existed on September 1, 2021, if any increase in the residence   homestead exemption under S [Text truncated for display. 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