2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 46 - Assistance With Instructional Facilities and Payment of Existing Debt › Subchapter A. Instructional Facilities Allotment › Section 46.006. Shortage or Excess of Funds Appropriated for New Projects

Sec. 46.006.  SHORTAGE OR EXCESS OF FUNDS APPROPRIATED FOR NEW PROJECTS.  (a)  If the total amount appropriated for a year for new projects is less than the amount of money to which school districts applying for state assistance are entitled for that year, the commissioner shall rank each school district applying by wealth per student.  For purposes of this section, a district's wealth per student is reduced by 10 percent for each state fiscal biennium in which the district did not receive assistance under this subchapter.
(b)  A district's wealth per student is reduced for purposes of this section if a district has had substantial student enrollment growth in the preceding five-year period.  The reduction is in addition to any reduction under Subsection (a) and is computed before the district's wealth per student is reduced under that subsection, if applicable.  A district's wealth per student is reduced:
(1)  by five percent, if the district has an enrollment growth rate in that period that is 10 percent or more but less than 15 percent;
(2)  by 10 percent, if the district has an enrollment growth rate in that period that is 15 percent or more but less than 30 percent;  or
(3)  by 15 percent, if the district has an enrollment growth rate in that period that is 30 percent or more.
(c)  A district's wealth per student is reduced by 10 percent for purposes of this section if the district does not have any outstanding debt at the time the district applies for assistance under this subchapter.  The reduction is in addition to any reduction under Subsection (a) or (b) and is computed before the district's wealth per student is reduced under those subsections, if applicable.
(d)  The commissioner shall adjust the rankings after making the reductions in wealth per student required by Subsections (a), (b), and (c).
(e)  Beginning with the district with the lowest adjusted wealth per student that has applied for state assistance for the year, the commissioner shall award state assistance to districts that have applied for state assistance in ascending order of adjusted wealth per student.  The commissioner shall award the full amount of state assistance to which a district is entitled under this subchapter, except that the commissioner may award less than the full amount to the last district for which any funds are available.
(f)  Any amount appropriated for the first year of a fiscal biennium that is not awarded to a school district may be used to provide assistance in the following fiscal year.
(g)  In this section, "wealth per student" means a school district's taxable value of property as determined under Subchapter M, Chapter 403, Government Code, or, if applicable, Section 48.258, divided by the district's average daily attendance as determined under Section 48.005.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.26, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1309 (S.B. 962), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1309 (S.B. 962), Sec. 2, eff. September 1, 2012.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.060, eff. September 1, 2019.