reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter J. Open-Enrollment Charter School Facilities Credit Enhancement Program › Section 45.305. Private Matching Funds Required; Use of Other State Funds

Sec. 45.305.  PRIVATE MATCHING FUNDS REQUIRED; USE OF OTHER STATE FUNDS.  (a)  The commissioner may not implement the program unless private funds in an amount at least equal to the amount of state funds allocated under Section 45.304 are obligated to the program for at least the first 10 years of the term of obligations for which credit enhancement is provided under the program.
(b)  The commissioner may use state funds allocated under Section 45.304 to pay any amount due for credit enhancement under the program and, subject to the terms of the applicable private credit obligation agreement, provide for payment of private funds to the Foundation School Program in an amount equal to at least one-half of the amount of the state funds paid.  The commissioner may also use any other state funds available for the purpose to make payments under this subchapter or to reimburse the Foundation School Program for payments made under this subchapter from Foundation School Program funds.
Added by Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 75, eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter J. Open-Enrollment Charter School Facilities Credit Enhancement Program › Section 45.306. Repayment; Lien

Sec. 45.306.  REPAYMENT; LIEN.  (a)  If a charter holder on behalf of which the state makes a payment under the program does not immediately repay the Foundation School Program the amount of the payment, the commissioner shall withhold any funds due from the state to the charter holder as necessary to recover the total amount of state and private funds paid on behalf of the charter holder under the program.
(b)  If a charter holder is for any reason, including revocation or surrender of a charter or bankruptcy, unable to repay any amount due under this subchapter, any loss of funds shall be shared equally between the Foundation School Program and the person providing the private funds obligated for credit enhancement under this subchapter.
(c)  A charter holder for which credit enhancement is provided under this subchapter to purchase, repair, or renovate real property for open-enrollment charter school facilities must agree to execute a lien on that real property in a form prescribed by the commissioner and approved by the attorney general to secure repayment of all amounts due to the state from the charter holder, including reimbursement of any private funds paid on behalf of an open-enrollment charter school under this subchapter.
(d)  A lien under this section must be filed in the real property records of each county in which the real property is located.  A lien under this section has priority over any other claim against the real property except a lien granted to the holders of obligations issued to finance the acquisition of the real property and any security interest or lien existing before credit enhancement is provided under this subchapter.
(e)  The commissioner shall notify a charter holder of any amount determined to be due to the state, including federal funds.  If the full amount due to the state has not been repaid or recovered by the commissioner from other funds due to the charter holder within the current and subsequent school year, the commissioner may request the attorney general to file an action to foreclose on a lien under this section.  Funds recovered from foreclosure of a lien under this section shall be credited first to any security interest or lien with priority over the lien under this section, then to the charter holder's obligation under this section, and then to any other program to which the funds are due.
(f)  Venue for a suit under this section is in Travis County.
Added by Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 75, eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter J. Open-Enrollment Charter School Facilities Credit Enhancement Program › Section 45.307. Status of Program

Sec. 45.307.  STATUS OF PROGRAM.  (a)  The program is separate from and does not create any claim to the credit enhancement program for school district bonds under Subchapter I.
(b)  This subchapter does not create a debt of the state under the Texas Constitution or, except to the extent provided by this subchapter, create a payment obligation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 75, eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter J. Open-Enrollment Charter School Facilities Credit Enhancement Program › Section 45.308. Rules

Sec. 45.308.  RULES.  If the commissioner establishes a program under this subchapter, the commissioner shall adopt rules to administer the program.
Added by Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 75, eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter K. County Equalization Tax › Section 45.351. Applicability

Sec. 45.351.  APPLICABILITY.  This subchapter applies only to a county:
(1)  with a population of more than 40,000 but less than 55,000; and
(2)  for which a county equalization tax was adopted under former Chapter 18 of this code, as that chapter existed on May 1, 1995, and continues in effect under Section 11.301.
Added by Acts 2021, 87th Leg., R.S., Ch. 236 (H.B. 1133), Sec. 1, eff. June 4, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter K. County Equalization Tax › Section 45.352. Election to Revoke County Equalization Tax

Sec. 45.352.  ELECTION TO REVOKE COUNTY EQUALIZATION TAX.  The commissioners court of a county to which this subchapter applies may order an election on the question of revoking the county equalization tax, in accordance with former Section 18.11 of this code and other applicable provisions of former Chapter 18, as that chapter existed on May 1, 1995, that continues in effect under Section 11.301.
Added by Acts 2021, 87th Leg., R.S., Ch. 236 (H.B. 1133), Sec. 1, eff. June 4, 2021.
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 46.001. Definition

Sec. 46.001.  DEFINITION.  In this subchapter, "instructional facility" means real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly for teaching the curriculum required under Section 28.002.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.23, eff. Sept. 1, 1999.
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 46.002. Rules

Sec. 46.002.  RULES.  (a)  The commissioner may adopt rules for the administration of this subchapter.
(b)  The commissioner's rules may limit the amount of an allotment under this subchapter that is to be used to construct, acquire, renovate, or improve an instructional facility that may also be used for noninstructional or extracurricular activities.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.23, eff. Sept. 1, 1999.
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 46.004. Lease-Purchase Agreements

Sec. 46.004.  LEASE-PURCHASE AGREEMENTS.  (a)  A district may receive state assistance in connection with a lease-purchase agreement concerning an instructional facility.  For purposes of this subchapter:
(1)  taxes levied for purposes of maintenance and operations that are necessary to pay a district's share of the payments under a lease-purchase agreement for which the district receives state assistance under this subchapter are considered to be bond taxes;  and
(2)  payments under a lease-purchase agreement are considered to be payments of principal of and interest on bonds.
(b)  Section 46.003(b) applies to taxes levied to pay a district's share of the payments under a lease-purchase agreement for which the district receives state assistance under this subchapter.
(c)  A lease-purchase agreement must be for a term of at least eight years to be eligible to be paid with state and local funds under this subchapter.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.25, eff. Sept. 1, 1999.
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 46.005. Limitation on Guaranteed Amount

Sec. 46.005.  LIMITATION ON GUARANTEED AMOUNT.  The guaranteed amount of state and local funds for a new project that a district may be awarded in any state fiscal biennium under Section 46.003 for a school district may not exceed the lesser of:
(1)  the amount the actual debt service payments the district makes in the biennium in which the bonds are issued;  or
(2)  the greater of:
(A)  $100,000;  or
(B)  the product of the number of students in average daily attendance in the district multiplied by $250.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.
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 46.007. Refunding Bonds

Sec. 46.007.  REFUNDING BONDS.  A school district may use state funds received under this subchapter to pay the principal of and interest on refunding bonds that:
(1)  are issued to refund bonds eligible under Section 46.003;
(2)  do not have a final maturity date later than the final maturity date of the bonds being refunded;
(3)  may not be called for redemption earlier than the earliest call date of the bonds being refunded;  and
(4)  result in a present value savings, which is determined by computing the net present value of the difference between each scheduled payment on the original bonds and each scheduled payment on the refunding bonds.  The present value savings shall be computed at the true interest cost of the refunding bonds.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.27, eff. Sept. 1, 1999.
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 46.008. Standards

Sec. 46.008.  STANDARDS.  (a)  The commissioner shall establish standards for adequacy of school facilities.  The standards must include requirements related to space, educational adequacy, and construction quality.  All new facilities constructed after September 1, 1998, must meet the standards to be eligible to be financed with state or local tax funds.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 698, Sec. 5, eff. December 31, 2009.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 10, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 698 (H.B. 2763), Sec. 5, eff. December 31, 2009.
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 46.0081. Security Criteria in Design of Instructional Facilities

Sec. 46.0081.  SECURITY CRITERIA IN DESIGN OF INSTRUCTIONAL FACILITIES.  A school district that constructs a new instructional facility or conducts a major renovation of an existing instructional facility using funds allotted to the district under this subchapter shall consider, in the design of the instructional facility, appropriate security criteria.
Added by Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 7, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 620 (S.B. 1556), Sec. 2, eff. June 14, 2013.
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 46.009. Payment of School Facilities Allotments

Sec. 46.009.  PAYMENT OF SCHOOL FACILITIES ALLOTMENTS.  (a)  For each school year, the commissioner shall determine the amount of money to which each school district is entitled under this subchapter.
(b)  If the amount appropriated for purposes of this subchapter for a year is less than the total amount determined under Subsection (a) for that year, the commissioner shall:
(1)  transfer from the Foundation School Program to the instructional facilities program the amount by which the total amount determined under Subsection (a) exceeds the amount appropriated; and
(2)  reduce each district's foundation school fund allocations in the manner provided by Section 48.266(f).
(c)  Warrants for payments under this subchapter shall be approved and transmitted to school district treasurers or depositories in the same manner as warrants for payments under Chapter 48.
(d)  As soon as practicable after September 1 of each year, the commissioner shall distribute to each school district the amount of state assistance under this subchapter to which the commissioner has determined the district is entitled for the school year.  The district shall deposit the money in the interest and sinking fund for the bonds for which the assistance is received and shall adopt a tax rate for purposes of debt service that takes into account the balance of the interest and sinking fund.
(e)  Section 48.272 applies to payments under this subchapter.
(f)  If a school district would have received a greater amount under this subchapter for the applicable school year using the adjusted value determined under Section 48.271, the commissioner shall add the difference between the adjusted value and the amount the district received under this subchapter to subsequent distributions to the district under this subchapter.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.27, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.061, eff. September 1, 2019.
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 46.010. Projects by More Than One District

Sec. 46.010.  PROJECTS BY MORE THAN ONE DISTRICT.  If two or more districts apply for state assistance in connection with a joint project at a single location, each district is entitled to a guaranteed facilities yield amount of state and local funds that is 20 percent higher than the amount to which the district would otherwise be entitled under Section 46.005.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.
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 46.011. Sale of Instructional Facility Financed With Instructional Facilities Allotment

Sec. 46.011.  SALE OF INSTRUCTIONAL FACILITY FINANCED WITH INSTRUCTIONAL FACILITIES ALLOTMENT.  (a)  If an instructional facility financed by bonds paid with state and local funds under this subchapter is sold before the bonds are fully paid, the school district shall send to the comptroller an amount equal to the district's net proceeds from the sale multiplied by a percentage determined by dividing the amount of state funds under this subchapter used to pay the principal of and interest on the bonds by the total amount of principal and interest paid on the bonds with funds other than the proceeds of the sale.
(b)  In this section, "net proceeds" means the difference between the total amount received from the sale less:
(1)  the amount necessary to fully pay the outstanding principal of and interest on the bonds;  and
(2)  the school district's costs of the sale, as approved by the commissioner.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.28, eff. Sept. 1, 1999.
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 46.012. Applicability to Open-Enrollment Charter Schools

Sec. 46.012.  APPLICABILITY TO OPEN-ENROLLMENT CHARTER SCHOOLS.  An open-enrollment charter school is not entitled to an allotment under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 30, eff. Sept. 1, 2001.
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 46.013. Multiple Allotments Prohibited

Sec. 46.013.  MULTIPLE ALLOTMENTS PROHIBITED.  A school district is not entitled to state assistance under this subchapter based on taxes with respect to which the district receives state assistance under Subchapter E, Chapter 48.
Added by Acts 2001, 77th Leg., ch. 1156, Sec. 7, eff. Sept. 1, 2001.  Renumbered from Education Code Sec. 46.012 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(22), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.063, eff. September 1, 2019.
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 B. Assistance With Payment of Existing Debt › Section 46.031. Rules

Sec. 46.031.  RULES.  The commissioner may adopt rules for the administration of this subchapter.
Added by Acts 1999, 76th Leg., ch. 396, Sec. 1.29, eff. Sept. 1, 1999.
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 B. Assistance With Payment of Existing Debt › Section 46.032. Allotment

Sec. 46.032.  ALLOTMENT.  (a)  Each school district is guaranteed a specified amount per student in state and local funds for each cent of tax effort to pay the principal of and interest on eligible bonds.  The amount of state support, subject only to the maximum amount under Section 46.034, is determined by the formula:
EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
where:
"EDA" is the amount of state funds to be allocated to the district for assistance with existing debt;
"EDGL" is the dollar amount guaranteed level of state and local funds per student per cent of tax effort, which is the lesser of:
(1)  $40 or a greater amount for any year provided by appropriation; or
(2)  the amount that would result in a total additional amount of state funds under this subchapter for the current year equal to $60 million in excess of the state funds to which school districts would have been entitled under this section if the guaranteed level amount were $35;
"ADA" is the number of students in average daily attendance, as determined under Section 48.005, in the district;
"EDTR" is the existing debt tax rate of the district, which is determined by dividing the amount budgeted by the district for payment of eligible bonds by the quotient of the district's taxable value of property as determined under Subchapter M, Chapter 403, Government Code, or, if applicable, under Section 48.258, divided by 100; and
"DPV" is the district's taxable value of property as determined under Subchapter M, Chapter 403, Government Code, or, if applicable, under Section 48.258.
(b)  The existing debt tax rate of the district under Subsection (a) may not exceed the rate that would be necessary for the current year, using state funds under Subsection (a), to make payments of principal and interest on the bonds for which the tax is pledged.
(c)  The amount budgeted by a district for payment of eligible bonds may include:
(1)  bond taxes collected in the current school year;
(2)  bond taxes collected in a preceding school year in excess of the amount necessary to pay the district's share of actual debt service on bonds in that year, provided that the taxes were not used to generate other state financial assistance for the district;  or
(3)  maintenance and operations taxes collected in the current school year or a preceding school year in excess of the amount eligible to be used to generate other state financial assistance for the district.
Added by Acts 1999, 76th Leg., ch. 396, Sec. 1.29, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1156, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 465 (S.B. 1), Sec. 22, eff. November 3, 2015.
Acts 2017, 85th Leg., 1st C.S., Ch. 8 (H.B. 21), Sec. 8, eff. September 1, 2018.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.064, eff. September 1, 2019.
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 B. Assistance With Payment of Existing Debt › Section 46.033. Eligible Bonds

Sec. 46.033.  ELIGIBLE BONDS.  Bonds, including bonds issued under Section 45.006, are eligible to be paid with state and local funds under this subchapter if:
(1)  the district made payments on the bonds during the final school year of the preceding state fiscal biennium or taxes levied to pay the principal of and interest on the bonds were included in the district's audited debt service collections for that school year; and
(2)  the district does not receive state assistance under Subchapter A for payment of the principal and interest on the bonds.
Added by Acts 1999, 76th Leg., ch. 396, Sec. 1.29, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1156, Sec. 9, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 201, Sec. 40, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 12.01, eff. August 29, 2005.
Acts 2007, 80th Leg., R.S., Ch. 235 (H.B. 1922), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 76, eff. September 1, 2009.
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 B. Assistance With Payment of Existing Debt › Section 46.034. Limits on Assistance

Sec. 46.034.  LIMITS ON ASSISTANCE.  (a)  The existing debt tax rate ("EDTR") under Section 46.032 may not exceed $0.29 per $100 of valuation, or a greater amount for any year provided by appropriation.
(b)  The amount of state assistance to which a district is entitled under this subchapter may not exceed the amount to which the district would be entitled at the district's tax rate for the payment of eligible bonds for the final year of the preceding state fiscal biennium.
(b-1)  Notwithstanding Subsection (b), a school district is entitled to state assistance under this subchapter based on the district's tax rate for the current school year if the district demonstrates to the commissioner's satisfaction that the district meets the criteria under Section 46.006(c-2).
(c)  If the amount required to pay the principal of and interest on eligible bonds in a school year is less than the amount of payments made by the district on the bonds during the final school year of the preceding state fiscal biennium or the district's audited debt service collections for that school year, the district may not receive aid in excess of the amount that, when added to the district's local revenue for the school year, equals the amount required to pay the principal of and interest on the bonds.
(d)  Expired.
(e)  Expired.
Added by Acts 1999, 76th Leg., ch. 396, Sec. 1.29, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1156, Sec. 10, 12, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 201, Sec. 41, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 12.02, eff. August 29, 2005.
Acts 2007, 80th Leg., R.S., Ch. 235 (H.B. 1922), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1309 (S.B. 962), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 77, eff. September 1, 2009.
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 B. Assistance With Payment of Existing Debt › Section 46.035. Payment of Assistance

Sec. 46.035.  PAYMENT OF ASSISTANCE.  Section 46.009 applies to the payment of assistance under this subchapter.
Added by Acts 1999, 76th Leg., ch. 396, Sec. 1.29, eff. Sept. 1, 1999.
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 B. Assistance With Payment of Existing Debt › Section 46.036. Applicability to Open-Enrollment Charter Schools

Sec. 46.036.  APPLICABILITY TO OPEN-ENROLLMENT CHARTER SCHOOLS.  An open-enrollment charter school is not entitled to an allotment under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 31, eff. Sept. 1, 2001.
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 B. Assistance With Payment of Existing Debt › Section 46.037. Multiple Allotments Prohibited

Sec. 46.037.  MULTIPLE ALLOTMENTS PROHIBITED.  A school district is not entitled to state assistance under this subchapter based on taxes with respect to which the district receives state assistance under Subchapter E, Chapter 48.
Added by Acts 2001, 77th Leg., ch. 1156, Sec. 11, eff. Sept. 1, 2001.  Renumbered from Education Code Sec. 46.036 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(23), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.065, eff. September 1, 2019.
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 C. Refinancing › Section 46.061. State Assistance for Refinancing

Sec. 46.061.  STATE ASSISTANCE FOR REFINANCING.  (a)  The commissioner by rule may provide for the payment of state assistance under this chapter to refinance school district debt.  A refinancing may not increase the cost to the state of providing the assistance.
(b)  The commissioner may allocate state assistance provided for a refinancing to Subchapter A, Subchapter B, or both, as appropriate.
Added by Acts 1999, 76th Leg., ch. 396, Sec. 1.29, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.007, eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 47 - Tax Reduction and Excellence in Education Fund › Section 47.001. Definition

Sec. 47.001.  DEFINITION.  In this chapter, "fund" means the tax reduction and excellence in education fund.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.010, eff. January 1, 2020.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 47 - Tax Reduction and Excellence in Education Fund › Section 47.002. Fund Established

Sec. 47.002.  FUND ESTABLISHED.  (a)  The tax reduction and excellence in education fund is a special fund in the state treasury outside the general revenue fund.
(b)  The fund consists of:
(1)  money appropriated by the legislature for deposit to the credit of the fund;
(2)  gifts to the state for the purposes of the fund; and
(3)  money directed by law for deposit to the credit of the fund.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.010, eff. January 1, 2020.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 47 - Tax Reduction and Excellence in Education Fund › Section 47.003. Uses of Fund

Sec. 47.003.  USES OF FUND.  Except as otherwise provided by this chapter, money in the fund may be appropriated only:
(1)  to pay the cost of tier one allotments under Chapter 48; or
(2)  for the purpose of reducing school district maintenance and operations ad valorem tax rates.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.010, eff. January 1, 2020.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 47 - Tax Reduction and Excellence in Education Fund › Section 47.004. Deposit of Certain Money Dedicated for School District Ad Valorem Tax Rate Reduction

Sec. 47.004.  DEPOSIT OF CERTAIN MONEY DEDICATED FOR SCHOOL DISTRICT AD VALOREM TAX RATE REDUCTION.  (a)  The comptroller shall deposit to the credit of the fund money that Section 49-g, Article III, Texas Constitution, dedicates to the purpose of reducing school district maintenance and operations ad valorem tax rates.
(b)  Money deposited to the fund under this section may be appropriated from the fund only for the purpose described by Section 47.003(2).
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.010, eff. January 1, 2020.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 47 - Tax Reduction and Excellence in Education Fund › Section 47.005. Certain Money Distributed to Available School Fund

Sec. 47.005.  CERTAIN MONEY DISTRIBUTED TO AVAILABLE SCHOOL FUND.  (a)  Of the money distributed to the available school fund each year under Section 5(g), Article VII, Texas Constitution, the amount that exceeds the first $300 million is considered part of the tax reduction and excellence in education fund.
(b)  Money considered part of the fund as described by Subsection (a) may be appropriated only to pay the cost of tier one allotments under Chapter 48.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.010, eff. January 1, 2020.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 47 - Tax Reduction and Excellence in Education Fund › Section 47.006. Deposit of Money Based on Certain Sales and Use Tax Collections

Sec. 47.006.  DEPOSIT OF MONEY BASED ON CERTAIN SALES AND USE TAX COLLECTIONS.  (a)  The comptroller shall deposit to the credit of the fund on or before the fifth business day after the end of each month an amount of general revenue equal to the amount of state sales and use tax revenue collected by marketplace providers on sales of taxable items made through the marketplace under Section 151.0242, Tax Code, and remitted to this state during the preceding month, less any amount of that revenue the comptroller estimates would have been collected and remitted if Section 151.0242 were not law.
(b)  Money deposited to the fund under this section may be appropriated from the fund only for the purpose described by Section 47.003(2).
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.010, eff. January 1, 2020.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 48 - Foundation School Program › Subchapter A. General Provisions › Section 48.001. State Policy

Sec. 48.001.  STATE POLICY.  (a)  It is the policy of this state that the provision of public education is a state responsibility and that a thorough and efficient system be provided and substantially financed through state revenue sources so that each student enrolled in the public school system shall have access to programs and services that are appropriate to the student's educational needs and that are substantially equal to those available to any similar student, notwithstanding varying local economic factors.
(b)  The public school finance system of this state shall adhere to a standard of neutrality that provides for substantially equal access to similar revenue per student at similar tax effort, considering all state and local tax revenues of districts after acknowledging all legitimate student and district cost differences.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Transferred, redesignated and amended from Education Code, Section 42.001 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.013, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 48 - Foundation School Program › Subchapter A. General Provisions › Section 48.002. Purposes of Foundation School Program

Sec. 48.002.  PURPOSES OF FOUNDATION SCHOOL PROGRAM.  (a)  The purposes of the Foundation School Program set forth in this chapter are to guarantee that each school district in the state has:
(1)  adequate resources to provide each eligible student a basic instructional program and facilities suitable to the student's educational needs; and
(2)  access to a substantially equalized program of financing in excess of basic costs for certain services, as provided by this chapter.
(b)  The Foundation School Program consists of:
(1)  two tiers that in combination provide for:
(A)  sufficient financing for all school districts to provide a basic program of education that is rated acceptable or higher under Section 39.054 and meets other applicable legal standards; and
(B)  substantially equal access to funds to provide an enriched program; and
(2)  a facilities component as provided by Chapter 46.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.09, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 60, eff. June 19, 2009.
Transferred, redesignated and amended from Education Code, Section 42.002 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.013, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 48 - Foundation School Program › Subchapter A. General Provisions › Section 48.003. Student Eligibility

Sec. 48.003.  STUDENT ELIGIBILITY.  (a)  A student is entitled to the benefits of the Foundation School Program if, on September 1 of the school year, the student:
(1)  is 5 years of age or older and under 21 years of age and has not graduated from high school, or is at least 21 years of age and under 26 years of age and has been admitted by a school district to complete the requirements for a high school diploma; or
(2)  is at least 18 years of age and under 50 years of age and is enrolled in an adult education program provided under the adult high school charter school program under Subchapter G, Chapter 12.
(b)  A student to whom Subsection (a) does not apply is entitled to the benefits of the Foundation School Program if the student is enrolled in a prekindergarten class under Section 29.153.
(c)  A child may be enrolled in the first grade if the child is at least six years of age at the beginning of the school year of the district or has been enrolled in the first grade or has completed kindergarten in the public schools in another state before transferring to a public school in this state.
(d)  Notwithstanding Subsection (a), a student younger than five years of age is entitled to the benefits of the Foundation School Program if:
(1)  the student performs satisfactorily on the assessment instrument administered under Section 39.023(a) to students in the third grade; and
(2)  the district has adopted a policy for admitting students younger than five years of age.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 5, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 478 (S.B. 1142), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 9, eff. May 28, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 7, eff. June 14, 2019.
Transferred, redesignated and amended from Education Code, Section 42.003 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.013, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 20, eff. May 31, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 48 - Foundation School Program › Subchapter A. General Provisions › Section 48.004. Administration of the Program

Sec. 48.004.  ADMINISTRATION OF THE PROGRAM.  The commissioner shall adopt rules and take action and require reports consistent with this chapter as necessary to implement and administer the Foundation School Program.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Transferred, redesignated and amended from Education Code, Section 42.004 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.013, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 48 - Foundation School Program › Subchapter A. General Provisions › Section 48.0051. Incentive for Additional Instructional Days

Sec. 48.0051.  INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS.  (a)  Subject to Subsection (a-1), the commissioner shall adjust the average daily attendance of a school district or open-enrollment charter school under Section 48.005 in the manner provided by Subsection (b) if the district or school:
(1)  provides the minimum number of minutes of operational and instructional time required under Section 25.081 and commissioner rules adopted under that section over at least 180 days of instruction; and
(2)  offers an additional 30 days of half-day instruction for students enrolled in prekindergarten through fifth grade.
(a-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 48(a)(4), eff. September 1, 2021.
(b)  For a school district or open-enrollment charter school described by Subsection (a), the commissioner shall increase the average daily attendance of the district or school under Section 48.005 by the amount that results from the quotient of the sum of attendance by students described by Subsection (a)(2) for each of the 30 additional instructional days of half-day instruction that are provided divided by 180.
(c)  The commissioner may provide the incentive under this section to a school district or open-enrollment charter school that intended, but due to circumstances beyond the district's or school's control, including the occurrence of a natural disaster affecting the district or school, was unable to meet the requirement for instruction under Section 25.081 plus an additional 30 days of half-day instruction.  The commissioner may proportionately reduce the incentive provided to a district or school described by this subsection.
(d)  This section does not prohibit a school district from providing the minimum number of minutes of operational and instructional time required under Section 25.081 and commissioner rules adopted under that section over fewer than 180 days of instruction.
(e)  The agency shall assist school districts and open-enrollment charter schools in qualifying for the incentive under this section.
(f)  A school district or open-enrollment charter school may use funding attributable to the incentive provided under this section to pay costs associated with providing academic instruction in a voluntary summer program for students enrolled in the district or school.
(g)  The commissioner shall adopt rules necessary for the implementation of this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.014, eff. September 1, 2020.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 48(a)(4), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 48 - Foundation School Program › Subchapter A. General Provisions › Section 48.006. Average Daily Attendance for Districts in Disaster Area

Sec. 48.006.  AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN DISASTER AREA.  (a)  The commissioner may adjust the average daily attendance of a school district all or part of which is located in an area declared a disaster area by the governor under Chapter 418, Government Code, if the district experiences a decline in average daily attendance that is reasonably attributable to the impact of the disaster.
(b)  The adjustment must be sufficient to ensure that the district receives funding comparable to the funding that the district would have received if the decline in average daily attendance reasonably attributable to the impact of the disaster had not occurred.
(c)  The commissioner may make the adjustment under this section for the two-year period following the date of the governor's initial proclamation or executive order declaring the state of disaster.
(d)  Section 48.005(b)(2) does not apply to a district that receives an adjustment under this section.
(e)  A district that receives an adjustment under this section may not receive any additional adjustment under Section 48.005(d) for the decline in average daily attendance on which the adjustment under this section is based.
(f)  For purposes of this title, a district's adjusted average daily attendance under this section is considered to be the district's average daily attendance as determined under Section 48.005.
Added by Acts 2009, 81st Leg., R.S., Ch. 1006 (H.B. 4102), Sec. 4, eff. June 19, 2009.
Transferred, redesignated and amended from Education Code, Section 42.0051 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.015, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 48 - Foundation School Program › Subchapter A. General Provisions › Section 48.007. Off-Campus Programs Approved for Purposes of Average Daily Attendance

Sec. 48.007.  OFF-CAMPUS PROGRAMS APPROVED FOR PURPOSES OF AVERAGE DAILY ATTENDANCE.  (a)  The commissioner may, based on criteria developed by the commissioner, approve instructional programs provided off campus by an entity other than a school district or open-enrollment charter school as a program in which participation by a student of a district or charter school may be counted for purposes of determining average daily attendance in accordance with Section 48.005(h).
(b)  The commissioner shall adopt by rule verification and reporting procedures concerning time spent by students participating in instructional programs approved under Subsection (a).
Added by Acts 2015, 84th Leg., R.S., Ch. 797 (H.B. 2812), Sec. 2, eff. June 17, 2015.
Transferred, redesignated and amended from Education Code, Section 42.0052 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.015, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 48 - Foundation School Program › Subchapter A. General Provisions › Section 48.008. Public Education Information Management System (Peims)

Sec. 48.008.  PUBLIC EDUCATION INFORMATION MANAGEMENT SYSTEM (PEIMS).  (a)  Each school district shall participate in the Public Education Information Management System (PEIMS) and shall provide through that system information required for the administration of this chapter and of other appropriate provisions of this code.
(b)  Each school district shall use a uniform accounting system adopted by the commissioner for the data required to be reported for the Public Education Information Management System.
(c)  Annually, the commissioner shall review the Public Education Information Management System and shall repeal or amend rules that require school districts to provide information through the Public Education Information Management System that is not necessary. In reviewing and revising the Public Education Information Management System, the commissioner shall develop rules to ensure that the system:
(1)  provides useful, accurate, and timely information on student demographics and academic performance, personnel, and school district finances;
(2)  contains only the data necessary for the legislature and the agency to perform their legally authorized functions in overseeing the public education system; and
(3)  does not contain any information related to instructional methods, except as provided by Section 29.066 or required by federal law.
(d)  The commissioner's rules must ensure that the Public Education Information Management System links student performance data to other related information for purposes of efficient and effective allocation of scarce school resources, to the extent practicable using existing agency resources and appropriations.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 903, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1340 (S.B. 1871), Sec. 7, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 295 (H.B. 1264), Sec. 1, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 550 (S.B. 490), Sec. 3, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 4, eff. June 12, 2017.
Acts 2017, 85th Leg., R.S., Ch. 916 (S.B. 1404), Sec. 1, eff. June 15, 2017.
Transferred, redesignated and amended from Education Code, Section 42.006 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.016, eff. September 1, 2019.