reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter A. School District Fiscal Management › Section 44.0071. Computation of Instructional Expenditures Ratio and Instructional Employees Ratio

Sec. 44.0071.  COMPUTATION OF INSTRUCTIONAL EXPENDITURES RATIO AND INSTRUCTIONAL EMPLOYEES RATIO.  (a)  Each fiscal year, a school district shall compute and report to the commissioner:
(1)  the percentage of the district's total expenditures for the preceding fiscal year that were used to fund direct instructional activities;  and
(2)  the percentage of the district's full-time equivalent employees during the preceding fiscal year whose job function was to directly provide classroom instruction to students, determined by dividing the number of hours spent by employees in providing direct classroom instruction by the total number of hours worked by all district employees.
(b)  At least annually a school district shall provide educators employed by the district with a list of district employees determined by the district for purposes of this section to be engaged in directly providing classroom instruction to students.  The list must include the percentage of time spent by each employee in directly providing classroom instruction to students.
(c)  For purposes of this section, the computation of a district's expenditures used to fund direct instructional activities shall include the salary, including any associated employment taxes, and value of any benefits provided to any district employee who directly provided classroom instruction to students, but only in proportion to the percentage of time spent by the employee in directly providing classroom instruction to students.
(d)  The commissioner shall adopt rules as necessary to implement this section.  To the extent possible, the rules must provide for development of the information required by this section using information otherwise compiled by school districts for reporting through the Public Education Information Management System (PEIMS).
Added by Acts 2003, 78th Leg., ch. 1269, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter A. School District Fiscal Management › Section 44.009. Financial Reports to Commissioner or Agency; Forms

Sec. 44.009.  FINANCIAL REPORTS TO COMMISSIONER OR AGENCY;  FORMS.  (a)  All financial reports made by or for school districts or by their officers, agents, or employees, to the commissioner or to the agency, shall be made on forms prescribed by the agency, subject to review and comment by the state auditor.
(b)  The agency shall combine as many forms as possible to avoid multiplicity of reports.  The forms shall provide for entry of all information required by law or by the commissioner and information considered necessary by the state auditor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter A. School District Fiscal Management › Section 44.010. Review by Agency

Sec. 44.010.  REVIEW BY AGENCY.  The budgets, fiscal reports, and audit reports filed with the agency shall be reviewed and analyzed by the staff of the agency to determine whether all legal requirements have been met and to collect fiscal data needed in preparing school fiscal reports for the governor and the legislature.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter A. School District Fiscal Management › Section 44.011. Financial Exigency

Sec. 44.011.  FINANCIAL EXIGENCY.  (a)  The board of trustees of a school district may adopt a resolution declaring a financial exigency for the district.  The declaration expires at the end of the fiscal year during which the declaration is made unless the board adopts a resolution before the end of the fiscal year declaring continuation of the financial exigency for the following fiscal year.
(b)  The board is not limited in the number of times the board may adopt a resolution declaring continuation of the financial exigency.
(c)  A board may terminate a financial exigency declaration at any time if the board considers it appropriate.
(d)  Each time the board adopts a resolution under this section, the board must notify the commissioner.  The commissioner by rule shall prescribe the time and manner in which notice must be given to the commissioner under this subsection.
(e)  The commissioner by rule shall adopt minimum standards concerning school district financial conditions that must exist for declaration of a financial exigency by the board of trustees of the district.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 19, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.0311. Applicability to Junior College Districts

Sec. 44.0311.  APPLICABILITY TO JUNIOR COLLEGE DISTRICTS.  (a)  Except as provided by Subsection (c), this subchapter applies to junior college districts.
(b)  For purposes of this subchapter, "board of trustees" includes the governing board of a junior college district.
(c)  This subchapter does not apply to a purchase, acquisition, or license of library goods and services for a library operated as a part of a junior college district.  In this subsection, "library goods and services" has the meaning assigned by Section 130.0101(a).
Added by Acts 1999, 76th Leg., ch. 1225, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 336 (H.B. 962), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.0312. Delegation

Sec. 44.0312.  DELEGATION.  (a)  The board of trustees of the district may, as appropriate, delegate its authority under this subchapter regarding an action authorized or required by this subchapter to be taken by a school district to a designated person, representative, or committee.  In procuring construction services, the district shall provide notice of the delegation and the limits of the delegation in the request for bids, proposals, or qualifications or in an addendum to the request.  If the district fails to provide that notice, a ranking, selection, or evaluation of bids, proposals, or qualifications for construction services other than by the board of trustees in an open public meeting is advisory only.
(b)  The board may not delegate the authority to act regarding an action authorized or required by this subchapter to be taken by the board of trustees of a school district.
(c)  Notwithstanding any other provision of this code, in the event of a catastrophe, emergency, or natural disaster affecting a school district, the board of trustees of the district may delegate to the superintendent or designated person the authority to contract for the replacement, construction, or repair of school equipment or facilities under this subchapter if emergency replacement, construction, or repair is necessary for the health and safety of district students and staff.
Added by Acts 1999, 76th Leg., ch. 1225, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1006 (H.B. 4102), Sec. 6, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.0313. Procedures for Electronic Bids or Proposals

Sec. 44.0313.  PROCEDURES FOR ELECTRONIC BIDS OR PROPOSALS.  (a)  A school district may receive bids or proposals under this chapter through electronic transmission if the board of trustees of the school district adopts rules to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time.
(b)  Notwithstanding any other provision of this chapter, an electronic bid or proposal is not required to be sealed.  A provision of this chapter that applies to a sealed bid or proposal applies to a bid or proposal received through electronic transmission in accordance with the rules adopted under Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.0331. Management Fees Under Certain Cooperative Purchasing Contracts

Sec. 44.0331.  MANAGEMENT FEES UNDER CERTAIN COOPERATIVE PURCHASING CONTRACTS.  (a)  A school district that enters into a purchasing contract valued at $25,000 or more under Section 44.031(a)(5), under Subchapter F, Chapter 271, Local Government Code, or under any other cooperative purchasing program authorized for school districts by law shall document a contract-related fee, including a management fee, paid by or to the district and the purpose of each fee under the contract.
(b)  The amount, purpose, and disposition of any fee described by Subsection (a) must be presented in a written report and submitted annually in an open meeting of the board of trustees of the school district.  The written report must appear as an agenda item.
(c)  The commissioner may audit the written report described by Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch. 449 (H.B. 273), Sec. 5, eff. June 16, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 18, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.034. Notification of Criminal History of Contractor

Sec. 44.034.  NOTIFICATION OF CRIMINAL HISTORY OF CONTRACTOR.  (a)  A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony.  The notice must include a general description of the conduct resulting in the conviction of a felony.
(b)  A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction.  The district must compensate the person or business entity for services performed before the termination of the contract.
(c)  This section does not apply to a publicly held corporation.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.035. Adoption of Uniform General Conditions for School District Building Construction Contracts

Sec. 44.035.  ADOPTION OF UNIFORM GENERAL CONDITIONS FOR SCHOOL DISTRICT BUILDING CONSTRUCTION CONTRACTS.  After reviewing the uniform general conditions adopted by the Texas Facilities Commission under Section 2166.302, Government Code, a school district may adopt uniform general conditions to be incorporated in all district building construction contracts.
Added by Acts 2021, 87th Leg., R.S., Ch. 366 (S.B. 338), Sec. 1, eff. June 7, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.0351. Competitive Bidding

Sec. 44.0351.  COMPETITIVE BIDDING.  (a)  Except to the extent prohibited by other law and to the extent consistent with this subchapter, a school district may use competitive bidding to select a vendor as authorized by Section 44.031(a)(1).
(b)  Except as provided by this subsection, Subchapter B, Chapter 271, Local Government Code, does not apply to a competitive bidding process under this subchapter.  Sections 271.026, 271.027(a), and 271.0275, Local Government Code, apply to a competitive bidding process under this subchapter.
(c)  A school district shall award a competitively bid contract at the bid amount to the bidder offering the best value for the district.  In determining the best value for the district, the district is not restricted to considering price alone but may consider any other factors stated in the selection criteria.  The selection criteria may include the factors listed in Section 44.031(b).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.03, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.0352. Competitive Sealed Proposals

Sec. 44.0352.  COMPETITIVE SEALED PROPOSALS.  (a)  In selecting a vendor through competitive sealed proposals as authorized by Section 44.031(a)(2), a school district shall follow the procedures prescribed by this section.
(b)  The district shall prepare a request for competitive sealed proposals that includes information that vendors may require to respond to the request.  The district shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror.
(c)  The district shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal.  Not later than the 45th day after the date on which the proposals are opened, the district shall evaluate and rank each proposal submitted in relation to the published selection criteria.
(d)  The district shall select the offeror that offers the best value for the district based on the published selection criteria and on its ranking evaluation.  The district shall first attempt to negotiate a contract with the selected offeror.  The district may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification.  If the district is unable to negotiate a satisfactory contract with the selected offeror, the district shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.
(e)  In determining the best value for the district, the district is not restricted to considering price alone but may consider any other factors stated in the selection criteria.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.03, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.0411. Change Orders

Sec. 44.0411.  CHANGE ORDERS.  (a)  If a change in plans or specifications is necessary after the performance of a contract is begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, the district may approve change orders making the changes.
(b)  The total contract price may not be increased because of the changes unless additional money for increased costs is approved for that purpose from available money or is provided for by the authorization of the issuance of time warrants.
(c)  The district may grant general authority to an administrative official to approve the change orders.
(d)  A contract with an original contract price of $1 million or more may not be increased under this section by more than 25 percent.  If a change order for a contract with an original contract price of less than $1 million increases the contract amount to $1 million or more, the total of the subsequent change orders may not increase the revised contract amount by more than 25 percent of the original contract price.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.04, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.042. Preference to Texas and United States Products

Sec. 44.042.  PREFERENCE TO TEXAS AND UNITED STATES PRODUCTS.  (a)  A school district that purchases agricultural products shall give preference to those produced, processed, or grown in this state if the cost to the school district is equal and the quality is equal.
(b)  If agricultural products produced, processed, or grown in this state are not equal in cost and quality to other products, the school district shall give preference to agricultural products produced, processed, or grown in other states of the United States over foreign products if the cost to the school district is equal and the quality is equal.
(c)  A school district that purchases vegetation for landscaping purposes, including plants, shall give preference to Texas vegetation if the cost to the school district is equal and the quality is not inferior.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(11), eff. June 17, 2011.
(e)  In the implementation of this section, a school district may receive assistance from and use the resources of the Texas Department of Agriculture, including information on availability of agricultural products.
(f)  A school district may not adopt product purchasing specifications that unnecessarily exclude agricultural products produced, processed, or grown in this state.
(g)  In this section:
(1)  "Agricultural products" includes textiles and other similar products.
(2)  "Processed" means canning, freezing, drying, juicing, preserving, or any other act that changes the form of a good from its natural state to another form.
Added by Acts 1999, 76th Leg., ch. 1342, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(11), eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.043. Right to Work

Sec. 44.043.  RIGHT TO WORK.  (a)  This section applies to a school district while the school district is engaged in:
(1)  procuring goods or services;
(2)  awarding a contract;  or
(3)  overseeing procurement or construction for a public work or public improvement.
(b)  Notwithstanding any other provision of this chapter, a school district:
(1)  may not consider whether a vendor is a member of or has another relationship with any organization;  and
(2)  shall ensure that its bid specifications and any subsequent contract or other agreement do not deny or diminish the right of a person to work because of the person's membership or other relationship status with respect to any organization.
Added by Acts 2001, 77th Leg., ch. 1409, Sec. 13, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.044. Contract With Person Indebted to School District

Sec. 44.044.  CONTRACT WITH PERSON INDEBTED TO SCHOOL DISTRICT.  (a)  The board of trustees of a school district by resolution may establish regulations permitting the school district to refuse to enter into a contract or other transaction with a person indebted to the school district.
(b)  It is not a violation of this subchapter for a school district, under regulations adopted under Subsection (a), to refuse to award a contract to or enter into a transaction with an apparent low bidder or successful proposer that is indebted to the school district.
(c)  In this section, "person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the school district requiring approval by the board.
Added by Acts 2003, 78th Leg., ch. 156, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.047. Purchase or Lease of Automated External Defibrillator

Sec. 44.047.  PURCHASE OR LEASE OF AUTOMATED EXTERNAL DEFIBRILLATOR.  (a)  A school district or private school that purchases or leases an automated external defibrillator, as defined by Section 779.001, Health and Safety Code, shall ensure that the automated external defibrillator meets standards established by the federal Food and Drug Administration.
(b)  A private school that purchases or leases an automated external defibrillator is required to comply with the requirements of this section only if the school receives funding from the agency to purchase or lease the automated external defibrillator.
Added by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 7, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter C. Penal Provisions › Section 44.051. Interference With Operation of Foundation School Program

Sec. 44.051.  INTERFERENCE WITH OPERATION OF FOUNDATION SCHOOL PROGRAM.  An offense under Section 37.10, Penal Code, is a felony of the third degree if it is shown on trial of the offense that the governmental record was a record, form, report, or budget required under Chapter 48 or rules adopted under that chapter. If the actor's intent is to defraud the state or the public school system, the offense is a felony of the second degree.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.050, eff. September 1, 2019.
Sec. 44.052.  FAILURE TO COMPLY WITH BUDGET REQUIREMENTS;  PENALTY.  (a)  Any county superintendent approving any expenditure of school funds in excess of the item or items appropriated in the adopted budget or a supplementary or amended budget commits an offense.  An offense under this subsection is a Class C misdemeanor.
(b)  A person who fails to comply with the person's duties with regard to the preparation or the following of a county school budget or a budget of a school district or who violates any provision of Section 44.002 commits an offense.  An offense under this subsection is a Class C misdemeanor.
(c)  A trustee of a school district who votes to approve any expenditure of school funds in violation of a provision of this code, for a purpose for which those funds may not be spent, or in excess of the item or items appropriated in the adopted budget or a supplementary or amended budget commits an offense.  An offense under this subsection is a Class C misdemeanor.
(d)  Charges of the violation of this section may be instituted by the proper county or district attorney or by the attorney general.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 3.01, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter C. Penal Provisions › Section 44.053. Failure of Municipal Officer to Make Treasurer's Report; Penalty

Sec. 44.053.  FAILURE OF MUNICIPAL OFFICER TO MAKE TREASURER'S REPORT;  PENALTY.  Any county or municipal treasurer or treasurer of the school board of each municipality having exclusive control of its schools who fails to make and transmit any report and certified copy thereof, or either, required by law, commits an offense.  An offense under this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter C. Penal Provisions › Section 44.054. Failure to Transfer Students and Funds

Sec. 44.054.  FAILURE TO TRANSFER STUDENTS AND FUNDS.  A county judge serving as ex officio county superintendent, a county, district, or municipal superintendent, or a school officer who refuses to transfer students and funds as provided by Subchapter B, Chapter 25, commits an offense.  An offense under this section is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter E. Litigation Involving School District Facility › Section 44.152. Attorney General Enforcement of School District Duties Following Certain Actions; Report

Sec. 44.152.  ATTORNEY GENERAL ENFORCEMENT OF SCHOOL DISTRICT DUTIES FOLLOWING CERTAIN ACTIONS; REPORT.  (a)  If the attorney general believes that a school district has violated or is violating Section 44.151(d), (e), or (f), the attorney general may, after providing at least two weeks' notice to the district, bring an action on behalf of the state to enjoin the district from violating those sections.
(b)  In an action brought under Subsection (a), the attorney general may request and the court may order any other appropriate relief that is in the public interest, including payment of:
(1)  a civil penalty in an amount not to exceed $20,000 for each violation of Section 44.151(d), (e), or (f);
(2)  the attorney general's reasonable costs for investigating and prosecuting the violation; or
(3)  if applicable, the amount of the state's share under Section 44.151(f).
(c)  Not later than December 1 of each year, the attorney general shall submit to the governor, the lieutenant governor, the members of the legislature, and the commissioner a report on any actions brought under this section during the preceding year.  The report must include the following information for each action:
(1)  the filing date;
(2)  the cause number;
(3)  the school district that is the subject of the action; and
(4)  the court in which the action was brought.
Added by Acts 2019, 86th Leg., R.S., Ch. 1077 (H.B. 1734), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter Z. Miscellaneous Provisions › Section 44.902. Long-Range Energy Plan to Reduce Consumption of Electric Energy

Sec. 44.902.  LONG-RANGE ENERGY PLAN TO REDUCE CONSUMPTION OF ELECTRIC ENERGY.  (a)  The board of trustees of a school district shall establish a long-range energy plan to reduce the district's annual electric consumption by five percent beginning with the 2008 state fiscal year and consume electricity in subsequent fiscal years in accordance with the district's energy plan.
(b)  The plan required under Subsection (a) must include:
(1)  strategies for achieving energy efficiency that:
(A)  result in net savings for the district; or
(B)  can be achieved without financial cost to the district; and
(2)  for each strategy identified under Subdivision (1), the initial, short-term capital costs and lifetime costs and savings that may result from implementation of the strategy.
(b-1)  For purposes of Subsection (b), a strategy for achieving energy efficiency includes facility design and construction.
(c)  In determining under Subsection (b) whether a strategy may result in financial cost to the district, the board of trustees shall consider the total net costs and savings that may occur over the seven-year period following implementation of the strategy.
(d)  The board of trustees may submit the plan required under Subsection (a) to the State Energy Conservation Office for the purposes of determining whether funds available through loan programs administered by the office or tax incentives administered by the state or federal government are available to the district. The board may not disallow any proper allocation of incentives.
Added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1347 (S.B. 300), Sec. 4, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 982 (H.B. 1728), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter Z. Miscellaneous Provisions › Section 44.904. Pay for Success Programs

Sec. 44.904.  PAY FOR SUCCESS PROGRAMS.  (a)  In this section, "pay for success program" means a program involving private financing under which payments are dependent on achievement of measurable outcomes.
(b)  The commissioner may:
(1)  structure and approve pay for success programs for use by a school district or open-enrollment charter school;
(2)  evaluate and approve the following participants in a pay for success program:
(A)  a private investor;
(B)  an education service provider; and
(C)  a third-party evaluator; and
(3)  require an approved participant to comply with the objectives, metrics, and other pay for success program requirements prescribed by the commissioner.
(c)  In evaluating a potential participant under Subsection (b)(2), the commissioner may:
(1)  verify the availability and liquidity of the investment funds of a private investor;
(2)  evaluate the credentials and effectiveness of an education service provider; and
(3)  evaluate the credentials and independence of a third-party evaluator.
(d)  Notwithstanding any other law, a school district or open-enrollment charter school that uses a pay for success program approved by the commissioner is not subject to state procurement requirements that would otherwise apply to the activity funded through the program.
(e)  The commissioner, the agency, and agency employees are immune from liability for actions associated with the structuring, approval, or implementation of a pay for success program.
(f)  The commissioner may adopt rules as necessary to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 424 (S.B. 1318), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter Z. Miscellaneous Provisions › Section 44.908. Expenditure of Local Funds

Sec. 44.908.  EXPENDITURE OF LOCAL FUNDS.  (a)  A school district shall adopt a policy governing the expenditure of local funds from vending machines, rentals, gate receipts, or other local sources of revenue over which the district has direct control.
(b)  A policy under this section must:
(1)  require discretionary expenditures of local funds to be related to the district's educational purpose and provide a commensurate benefit to the district or its students; and
(2)  meet the standards of Section 52, Article III, Texas Constitution, regarding expenditure of public funds.
Added by Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 67, 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 A. Tax Bonds and Maintenance Taxes › Section 45.001. Bonds and Bond Taxes

Sec. 45.001.  BONDS AND BOND TAXES.  (a)  The governing board of an independent school district, including the city council or commission that has jurisdiction over a municipally controlled independent school district, the governing board of a rural high school district, and the commissioners court of a county, on behalf of each common school district under its jurisdiction, may:
(1)  issue bonds for:
(A)  the construction, acquisition, and equipment of school buildings in the district;
(B)  the acquisition of property or the refinancing of property financed under a contract entered under Subchapter A, Chapter 271, Local Government Code, regardless of whether payment obligations under the contract are due in the current year or a future year;
(C)  the purchase of the necessary sites for school buildings;
(D)  the purchase of new school buses;
(E)  the retrofitting of school buses with emergency, safety, or security equipment; and
(F)  the purchase or retrofitting of vehicles to be used for emergency, safety, or security purposes; and
(2)  levy, pledge, assess, and collect annual ad valorem taxes sufficient to pay the principal of and interest on the bonds as or before the principal and interest become due, subject to Section 45.003.
(b)  The bonds must mature serially or otherwise not more than 40 years from their date.  The bonds may be made redeemable before maturity.
(c)  Bonds may be sold at public or private sale as determined by the governing board of the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 1536, Sec. 1, eff. June 19, 1999;  Acts 2001, 77th Leg., ch. 1500, Sec. 1, eff. June 17, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1240 (S.B. 2274), Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 87(b), eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 21, eff. June 6, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter A. Tax Bonds and Maintenance Taxes › Section 45.0011. Credit Agreements in Certain School Districts

Sec. 45.0011.  CREDIT AGREEMENTS IN CERTAIN SCHOOL DISTRICTS.  (a)  This section applies only to an independent school district that, at the time of the issuance of obligations and execution of credit agreements under this section, has:
(1)  at least 2,000 students in average daily attendance;  or
(2)  a combined aggregate principal amount of at least $50 million of outstanding bonds and voted but unissued bonds.
(b)  A district to which this section applies may, in the issuance of bonds as provided by Sections 45.001 and 45.003(b)(1), exercise the powers granted to the governing body of an issuer with regard to the issuance of obligations and execution of credit agreements under Chapter 1371, Government Code.
(c)  A proposition to issue bonds to which this section applies must, in addition to meeting the requirements of Section 45.003(b)(1), include the question of whether the governing board or commissioners court may levy, pledge, assess, and collect annual ad valorem taxes, on all taxable property in the district, sufficient, without limit as to rate or amount, to pay the principal of and interest on the bonds and the costs of any credit agreements executed in connection with the bonds.
(d)  A district may not issue bonds to which this section applies in an amount greater than the greater of:
(1)  25 percent of the sum of:
(A)  the aggregate principal amount of all district debt payable from ad valorem taxes that is outstanding at the time the bonds are issued;  and
(B)  the aggregate principal amount of all bonds payable from ad valorem taxes that have been authorized but not issued;
(2)  $25 million, in a district that has at least 3,500 but not more than 15,000 students in average daily attendance;  or
(3)  $50 million, in a district that has more than 15,000 students in average daily attendance.
(e)  In this section, average daily attendance is determined in the manner provided by Section 48.005.
(f)  Sections 1371.057 and 1371.059, Government Code, govern approval by the attorney general of obligations issued under the authority of this section.
Added by Acts 1999, 76th Leg., ch. 1536, Sec. 2, eff. June 19, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.207, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.051, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter A. Tax Bonds and Maintenance Taxes › Section 45.002. Maintenance Taxes

Sec. 45.002.  MAINTENANCE TAXES.  The governing board of an independent school district, including the city council or commission that has jurisdiction over a municipally controlled independent school district, the governing board of a rural high school district, and the commissioners court of a county, on behalf of each common school district under its jurisdiction, may levy, assess, and collect annual ad valorem taxes for the further maintenance of public schools in the district, subject to Section 45.003.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter A. Tax Bonds and Maintenance Taxes › Section 45.0032. Components of Maintenance and Operations Tax

Sec. 45.0032.  COMPONENTS OF MAINTENANCE AND OPERATIONS TAX.  (a)  A school district's tier one maintenance and operations tax rate is the number of cents levied by the district for maintenance and operations that does not exceed the maximum compressed rate, as determined under Section 48.2551.
(b)  A district's enrichment tax rate consists of:
(1)  any cents of additional maintenance and operations tax effort, not to exceed eight cents over the maximum tax rate described by Subsection (a); and
(2)  any cents of additional maintenance and operations tax effort that exceeds the sum of the maximum tax rate described by Subsection (a) and the maximum number of cents permitted under Subdivision (1).
(c)  For a district to which Section 45.003(f) applies, any cents of maintenance and operations tax effort that exceeds the maximum rate permitted under Section 45.003(d) are not included in the district's tier one maintenance and operations tax rate under Subsection (a) or the district's enrichment tax rate under Subsection (b), and the district is not entitled to the guaranteed yield amount of state funds under Section 48.202 for those cents of tax effort.
(d)  For a district to which Section 26.042(e), Tax Code, applies, the amount by which the district's maintenance tax rate exceeds the district's voter-approval tax rate, excluding the district's current debt rate under Section 26.08(n)(3), Tax Code, for the preceding year is not considered in determining a district's tier one maintenance and operations tax rate under Subsection (a) or the district's enrichment tax rate under Subsection (b) for the current tax year.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.009, eff. September 1, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1A.004(a), eff. September 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 884 (S.B. 1438), Sec. 1, eff. June 16, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.018, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter A. Tax Bonds and Maintenance Taxes › Section 45.005. Examination of Bonds by Attorney General

Sec. 45.005.  EXAMINATION OF BONDS BY ATTORNEY GENERAL.  All bonds issued pursuant to this subchapter, and the appropriate proceedings authorizing their issuance, shall be submitted to the attorney general for examination.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter A. Tax Bonds and Maintenance Taxes › Section 45.006. Maintenance Tax Required for Judgment Ordering Ad Valorem Tax Refund; Bonds

Sec. 45.006.  MAINTENANCE TAX REQUIRED FOR JUDGMENT ORDERING AD VALOREM TAX REFUND;  BONDS.  (a)  This section applies only to a school district that:
(1)  has an average daily attendance of less than 10,000;  and
(2)  is located in whole or part in a municipality with a population of less than 25,000 that is located in a county with a population of 200,000 or more bordering another county with a population of 2.8 million or more.
(b)  Notwithstanding Section 45.003, a school district may levy, assess, and collect maintenance taxes at a rate that exceeds $1.50 per $100 valuation of taxable property if:
(1)  additional ad valorem taxes are necessary to pay a debt of the district that:
(A)  resulted from the rendition of a judgment against the district before May 1, 1995;
(B)  is greater than $5 million;
(C)  decreases a property owner's ad valorem tax liability;
(D)  requires the district to refund to the property owner the difference between the amount of taxes paid by the property owner and the amount of taxes for which the property owner is liable;  and
(E)  is payable according to the judgment in more than one of the district's fiscal years;  and
(2)  the additional taxes are approved by the voters of the district at an election held for that purpose.
(c)  Except as provided by Subsection (e), any additional maintenance taxes that the district collects under this section may be used only to pay the district's debt under Subsection (b)(1).
(d)  Except as provided by Subsection (e), the authority of a school district to levy the additional ad valorem taxes under this section expires when the judgment against the district is paid.
(e)  The governing body of a school district shall pay the district's debt under Subsection (b)(1) in a lump sum.  To satisfy the district's debt under Subsection (b)(1), the governing body may levy and collect additional maintenance taxes as provided by Subsection (b) and may issue bonds.  If bonds are issued:
(1)  the district may use any additional maintenance taxes collected by the district under this section to pay debt service on the bonds;  and
(2)  the authority of the district to levy the additional ad valorem taxes expires when the bonds are paid in full or the judgment is paid, whichever occurs later.
(f)  The governing body of a school district that adopts a tax rate that exceeds $1.50 per $100 valuation of taxable property may set the amount of the exemption from taxation authorized by Section 11.13(n), Tax Code, at any time before the date the governing body adopts the district's tax rate for the tax year in which the election approving the additional taxes is held.
(g)  The authority to issue bonds granted by this section expires June 1, 1996.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter B. Revenue Bonds › Section 45.031. Gymnasia, Stadia, and Other Recreational Facilities

Sec. 45.031.  GYMNASIA, STADIA, AND OTHER RECREATIONAL FACILITIES.  The governing board of an independent school district, including the city council or commission that has jurisdiction over a municipally controlled independent school district, the governing board of a rural high school district, and the commissioners court of a county, on behalf of each common school district under its jurisdiction, may acquire, construct, improve, equip, operate, and maintain gymnasia, stadia, or other recreational facilities for and on behalf of its district.  The facilities may be located inside or outside of the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter B. Revenue Bonds › Section 45.032. Revenue Bonds

Sec. 45.032.  REVENUE BONDS.  To provide funds to acquire, construct, improve, or equip gymnasia, stadia, or other recreational facilities, the board, city council or commission, or commissioners court may issue revenue bonds payable from and secured by liens on and pledges of all or any part of any of the revenues from any rentals, rates, charges, or other revenues from any or all of the facilities, in the manner provided by this subchapter.  The bonds may be additionally secured by mortgages and deeds of trust on any real property on which any of the facilities are or will be located, or any real or personal property incident or appurtenant to the facilities, and the board, city council or commission, or commissioners court may authorize the execution and delivery of trust indentures, mortgages, deeds of trust, or other forms of encumbrances to evidence those liens.  The bonds may be issued to mature serially or otherwise not to exceed 50 years from their date.  In the authorization of any of those bonds, the board, city council or commission, or commissioners court may provide for the subsequent issuance of additional parity bonds, or subordinate lien bonds, or other types of bonds, under the terms set forth in the resolution or order authorizing the issuance of the bonds, all within the discretion of the board, city council or commission, or commissioners court.  The bonds may be made redeemable before maturity.  The bonds may be sold in the manner, at the price, and under the terms provided by the board, city council or commission, or commissioners court in the resolution or order authorizing the issuance of the bonds.  If permitted by the bond resolution or order, any required part of the proceeds from the sale of the bonds may be:
(1)  used for paying interest on the bonds during the period of the construction of any facilities to be provided through the issuance of the bonds;
(2)  used for paying the operation and maintenance expenses of facilities to the extent and for the period specified in the bond resolution;
(3)  used for creating reserves for the payment of the principal of and interest on the bonds;  or
(4)  invested, until needed, to the extent and in the manner provided in the bond resolution or order.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter B. Revenue Bonds › Section 45.033. Rentals, Rates, and Charges

Sec. 45.033.  RENTALS, RATES, AND CHARGES.  The board, city council or commission, or commissioners court may set and collect rentals, rates, and charges from students and others for the occupancy or use of any of the facilities, in the amounts and manner determined by the board, city council or commission, or commissioners court.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 45 - School District Funds › Subchapter B. Revenue Bonds › Section 45.034. Pledge of Revenues

Sec. 45.034.  PLEDGE OF REVENUES.  The board, city council or commission, or commissioners court may pledge all or any part of any of its revenues from the facilities to the payment of any bonds issued under this subchapter, including the payment of principal, interest, and any other amounts required or permitted in connection with the bonds.  If revenues from the facilities are pledged to the payment of bonds, the rentals, rates and charges for the occupancy or use of the facilities must be fixed and collected in amounts at least sufficient to provide for all payments of principal, interest, and any other amounts required in connection with the bonds, and, to the extent required by the resolution or order authorizing the issuance of the bonds, to provide for the payment of operation, maintenance, and other expenses.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.