Texas Education Code - Section 42.253. Distribution Of Foundation School Fund
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§ 42.253. DISTRIBUTION OF FOUNDATION SCHOOL FUND. (a)
For each school year the commissioner shall determine:
(1) the amount of money to which a school district is
entitled under Subchapters B and C;
(2) the amount of money to which a school district is
entitled under Subchapter F;
(3) the amount of money allocated to the district from
the available school fund;
(4) the amount of each district's tier one local share
under Section 42.252; and
(5) the amount of each district's tier two local share
under Section 42.302.
(b) Except as provided by this subsection, the commissioner
shall base the determinations under Subsection (a) on the estimates
provided to the legislature under Section 42.254, or, if the
General Appropriations Act provides estimates for that purpose, on
the estimates provided under that Act, for each school district for
each school year. The commissioner shall reduce the entitlement of
each district that has a final taxable value of property for the
second year of a state fiscal biennium that is higher than the
estimate under Section 42.254 or the General Appropriations Act, as
applicable. A reduction under this subsection may not reduce the
district's entitlement below the amount to which it is entitled at
its actual taxable value of property.
(c) Each school district is entitled to an amount equal to
the difference for that district between the sum of Subsections
(a)(1) and (a)(2) and the sum of Subsections (a)(3), (a)(4), and
(a)(5).
(d) The commissioner shall approve warrants to each school
district equaling the amount of its entitlement except as provided
by this section. Warrants for all money expended according to this
chapter shall be approved and transmitted to treasurers or
depositories of school districts in the same manner that warrants
for state payments are transmitted. The total amount of the
warrants issued under this section may not exceed the total amount
appropriated for Foundation School Program purposes for that fiscal
year.
(e), (e-1) Repealed by Acts 2006, 79th Leg., 3rd C.S., ch. 5,
§ 1.20.
(e-2) Expired September 1, 2001.
(f) Repealed by Acts 2006, 79th Leg., 3rd C.S., ch. 5, §
1.20.
(g) If a school district demonstrates to the satisfaction of
the commissioner that the estimate of the district's tax rate,
student enrollment, or taxable value of property used in
determining the amount of state funds to which the district is
entitled are so inaccurate as to result in undue financial hardship
to the district, the commissioner may adjust funding to that
district in that school year to the extent that funds are available
for that year.
(h) If the amount appropriated for the Foundation School
Program for the second year of a state fiscal biennium is less than
the amount to which school districts are entitled for that year, the
commissioner shall certify the amount of the difference to the
Legislative Budget Board not later than January 1 of the second year
of the state fiscal biennium. The Legislative Budget Board shall
propose to the legislature that the certified amount be transferred
to the foundation school fund from the economic stabilization fund
and appropriated for the purpose of increases in allocations under
this subsection. If the legislature fails during the regular
session to enact the proposed transfer and appropriation and there
are not funds available under Subsection (j), the commissioner
shall reduce the total amount of state funds allocated to each
district by an amount determined by a method under which the
application of the same number of cents of increase in tax rate in
all districts applied to the taxable value of property of each
district, as determined under Subchapter M, Chapter 403, Government
Code, results in a total levy equal to the total reduction. The
following fiscal year, a district's entitlement under this section
is increased by an amount equal to the reduction made under this
subsection.
(i) Not later than March 1 each year, the commissioner shall
determine the actual amount of state funds to which each school
district is entitled under the allocation formulas in this chapter
for the current school year and shall compare that amount with the
amount of the warrants issued to each district for that year. If
the amount of the warrants differs from the amount to which a
district is entitled because of variations in the district's tax
rate, student enrollment, or taxable value of property, the
commissioner shall adjust the district's entitlement for the next
fiscal year accordingly.
(j) The legislature may appropriate funds necessary for
increases under Subsection (i) from funds that the comptroller, at
any time during the fiscal year, finds are available.
(k) The commissioner shall compute for each school district
the total amount by which the district's allocation of state funds
is increased or reduced under Subsection (i) and shall certify that
amount to the district.
(l) Repealed by Acts 2006, 79th Leg., 3rd C.S., ch. 5, §
1.20.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1071, § 19, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 396, § 1.19, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1187, § 2.06, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 201, § 34, eff. Sept. 1, 2003; Acts 2006,
79th Leg., 3rd C.S., ch. 5, § 1.05, 1.20 eff. May 26, 2006.
Section: 42.2514 42.2515 42.2516 42.2517 42.2521 42.2522 42.253 42.2531 42.254 42.255 42.257 42.258 42.259 42.260
Last modified: August 10, 2007
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