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  85S11856 KLA-F
 
  By: Zerwas, Huberty, Giddings, Guerra, H.B. No. 30
      et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to making supplemental appropriations and giving
  direction and making adjustments regarding appropriations for
  public school finance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  APPROPRIATION: TEXAS EDUCATION AGENCY. (a) In
  addition to other amounts appropriated to the Texas Education
  Agency for the state fiscal biennium beginning September 1, 2017,
  the following appropriations are made to the agency from the
  Foundation School Fund, general revenue account number 0193, for
  Strategy A.1.1., FSP-Equalized Operations, as listed in the
  appropriations made to the agency in Chapter 605 (S.B. 1), Acts of
  the 85th Legislature, Regular Session, 2017 (the General
  Appropriations Act):
               (1)  $963,500,000 for the state fiscal year beginning
  September 1, 2017; and
               (2)  $963,500,000 for the state fiscal year beginning
  September 1, 2018.
         (b)  Notwithstanding the sum-certain appropriations
  specified in Rider 3, Chapter 605 (S.B. 1), Acts of the 85th
  Legislature, Regular Session, 2017 (the General Appropriations
  Act), to the bill pattern of the appropriations to the Texas
  Education Agency, the Legislative Budget Board shall determine the
  sum-certain appropriation to the Foundation School Program for each
  year of the state fiscal biennium beginning September 1, 2017,
  based on the amount specified in that rider, the other provisions of
  the General Appropriations Act, and other law, including the
  provisions of this Act.
         (c)  Notwithstanding Rider 3, Chapter 605 (S.B. 1), Acts of
  the 85th Legislature, Regular Session, 2017 (the General
  Appropriations Act), to the bill pattern of the appropriations to
  the Texas Education Agency, for purposes of distributing the
  Foundation School Program basic tier state aid appropriated for the
  state fiscal biennium beginning September 1, 2017, and in
  accordance with Section 42.101, Education Code, the basic allotment
  is established at $5,350 for the state fiscal year beginning
  September 1, 2017, and $5,350 for the state fiscal year beginning
  September 1, 2018.
         (d)  Out of amounts appropriated to the Texas Education
  Agency in Subsection (a) of this section, the commissioner of
  education shall allocate $15,000,000 for the state fiscal year
  beginning September 1, 2017, and $15,000,000 for the state fiscal
  year beginning September 1, 2018, to making grants under Section
  29.018, Education Code, to school districts and open-enrollment
  charter schools to assist in covering the cost of educating
  students with disabilities. It is the intent of the legislature
  that:
               (1)  except as inconsistent with general law, expenses
  for which a school district or open-enrollment charter school may
  use money allocated under this section and awarded to the district
  or school as a grant include:
                     (A)  fees for educational therapies or support
  services provided by a practitioner or other provider;
                     (B)  transportation costs necessary for a student
  to receive educational support services;
                     (C)  costs associated with purchasing
  instructional materials, as defined by Section 31.002, Education
  Code; and
                     (D)  costs of computer hardware and software and
  other assistive technological devices intended to facilitate a
  student's learning; and
               (2)  the commissioner of education require a school
  district or open-enrollment charter school awarded grant money
  described by this subsection to report to the Texas Education
  Agency on the district's or school's use of that money.
         SECTION 2.  APPROPRIATION REDUCTION: TEXAS EDUCATION
  AGENCY. The appropriations to the Texas Education Agency for the
  state fiscal year beginning September 1, 2018, from the Foundation
  School Fund, general revenue account number 0193, for Strategy
  A.1.1., FSP-Equalized Operations, made by Chapter 605 (S.B. 1),
  Acts of the 85th Legislature, Regular Session, 2017 (the General
  Appropriations Act), are reduced by $1,927,000,000. It is the
  intent of the legislature that the August 2019 Foundation School
  Program payment to school districts be deferred and made in
  September 2019 in accordance with this Act and the Act described by
  Section 3(a)(2) of this Act.
         SECTION 3.  CONTINGENCY. (a) This Act takes effect only if
  the 85th Legislature, 1st Called Session, 2017, enacts the
  following and the Acts become law:
               (1)  H.B. 21 or another Act that improves equity in and
  reduces the amount of school property tax revenue subject to
  recapture under the public school finance system and increases this
  state's share of the funding for the Foundation School Program; and
               (2)  an Act authorizing the deferral of the August 2019
  Foundation School Program payment to school districts.
         (b)  If an Act described by Subsection (a)(1) of this section
  or an Act described by Subsection (a)(2) of this section does not
  become law, this Act has no effect.
         SECTION 4.  EFFECTIVE DATE. Except as otherwise provided by
  this Act:
               (1)  this Act takes effect immediately if it receives a
  vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution; and
               (2)  if this Act does not receive the vote necessary for
  immediate effect, this Act takes effect on the 91st day after the
  last day of the legislative session.