CHAPTER 42. FOUNDATION SCHOOL PROGRAM
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE I. SCHOOL FINANCE AND FISCAL MANAGEMENT
CHAPTER 42. FOUNDATION SCHOOL PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 42.001. 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.
Sec. 42.002. 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, Sec. 60, eff. June 19, 2009.
Sec. 42.003. 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 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.
(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, Sec. 5, eff. June 15, 2007.
Sec. 42.004. ADMINISTRATION OF THE PROGRAM. The commissioner,
in accordance with the rules of the State Board of Education,
shall take such action and require such reports consistent with
this chapter as may be necessary to implement and administer the
Foundation School Program.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 42.005. AVERAGE DAILY ATTENDANCE. (a) In this chapter,
average daily attendance is:
(1) the quotient of the sum of attendance for each day of the
minimum number of days of instruction as described under Section
25.081(a) divided by the minimum number of days of instruction;
(2) for a district that operates under a flexible year program
under Section 29.0821, the quotient of the sum of attendance for
each actual day of instruction as permitted by Section
29.0821(b)(1) divided by the number of actual days of instruction
as permitted by Section 29.0821(b)(1); or
(3) for a district that operates under a flexible school day
program under Section 29.0822, the average daily attendance as
calculated by the commissioner in accordance with Section
29.0822(d).
(a-1) Expired.
(b) A school district that experiences a decline of two percent
or more in average daily attendance shall be funded on the basis
of:
(1) the actual average daily attendance of the preceding school
year, if the decline is the result of the closing or reduction in
personnel of a military base; or
(2) subject to Subsection (e), an average daily attendance not
to exceed 98 percent of the actual average daily attendance of
the preceding school year, if the decline is not the result of
the closing or reduction in personnel of a military base.
(c) The commissioner shall adjust the average daily attendance
of a school district that has a significant percentage of
students who are migratory children as defined by 20 U.S.C.
Section 6399.
(d) The commissioner may adjust the average daily attendance of
a school district in which a disaster, flood, extreme weather
condition, fuel curtailment, or other calamity has a significant
effect on the district's attendance.
(e) For each school year, the commissioner shall adjust the
average daily attendance of school districts that are entitled to
funding on the basis of an adjusted average daily attendance
under Subsection (b)(2) so that:
(1) all districts are funded on the basis of the same percentage
of the preceding year's actual average daily attendance; and
(2) the total cost to the state does not exceed the amount
specifically appropriated for that year for purposes of
Subsection (b)(2).
(f) An open-enrollment charter school is not entitled to funding
based on an adjustment under Subsection (b)(2).
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 47
Text of subsection effective until September 01, 2011
(g) If a student may receive course credit toward the student's
high school academic requirements and toward the student's higher
education academic requirements for a single course, including a
course provided under Section 28.009 by a public institution of
higher education, the time during which the student attends the
course shall be counted as part of the minimum number of
instructional hours required for a student to be considered a
full-time student in average daily attendance for purposes of
this section.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 48
Text of subsection effective on September 01, 2011
(g) If a student may receive course credit toward the student's
high school academic requirements and toward the student's higher
education academic requirements for a single course, the time
during which the student attends the course shall be counted as
part of the minimum number of instructional hours required for a
student to be considered a full-time student in average daily
attendance for purposes of this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 12, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 924, Sec. 1, eff. Sept.
1, 2001; Acts 2001, 77th Leg., ch. 1156, Sec. 3, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 220, Sec. 2, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 824, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1339, Sec. 4, eff. June 18, 2005.
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 5.07, eff. May 31, 2006.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 47, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 48, eff. September 1, 2011.
Sec. 42.0051. AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN DISASTER
AREA. (a) From funds specifically appropriated for the purpose
or other funds available to the commissioner for that purpose,
the commissioner shall 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 shall make the adjustment required by 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 42.005(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 42.005(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
42.005.
Added by Acts 2009, 81st Leg., R.S., Ch.
1006, Sec. 4, eff. June 19, 2009.
Sec. 42.006. 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, Sec. 7, eff. June 15, 2007.
Sec. 42.007. EQUALIZED FUNDING ELEMENTS. (a) The Legislative
Budget Board shall adopt rules, subject to appropriate notice and
opportunity for public comment, for the calculation for each year
of a biennium of the qualified funding elements, in accordance
with Subsection (c), necessary to achieve the state policy under
Section 42.001.
(b) Before each regular session of the legislature, the board
shall, as determined by the board, report the equalized funding
elements to the commissioner and the legislature.
(c) The funding elements must include:
(1) a basic allotment for the purposes of Section 42.101 that,
when combined with the guaranteed yield component provided by
Subchapter F, represents the cost per student of a regular
education program that meets all mandates of law and regulation;
(2) adjustments designed to reflect the variation in known
resource costs and costs of education beyond the control of
school districts;
(3) appropriate program cost differentials and other funding
elements for the programs authorized under Subchapter C, with the
program funding level expressed as dollar amounts and as weights
applied to the adjusted basic allotment for the appropriate year;
(4) the maximum guaranteed level of qualified state and local
funds per student for the purposes of Subchapter F;
(5) the enrichment and facilities tax rate under Subchapter F;
(6) the computation of students in weighted average daily
attendance under Section 42.302; and
(7) the amount to be appropriated for the school facilities
assistance program under Chapter 46.
(d) Repealed by Acts 2005, 79th Leg., Ch. 741, Sec. 10(b), eff.
June 17, 2005.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 13, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 1.10, eff.
Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
741, Sec. 2, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch.
741, Sec. 10(b), eff. June 17, 2005.
Sec. 42.008. LIMITATION ON REVENUE INCREASES. (a)
Notwithstanding any other provision of this title, a school
district is not entitled in any school year to receive an amount
of state and local maintenance and operations revenue per student
in weighted average daily attendance that exceeds by more than
$350 the amount of state and local maintenance and operations
revenue per student in weighted average daily attendance received
by the district during the preceding school year.
(a-1) Subsection (a) applies beginning with the 2010-2011 school
year. For the 2009-2010 school year, a school district is not
entitled to receive an amount of state and local maintenance and
operations revenue per student in weighted average daily
attendance that exceeds by more than $350 the amount of state and
local maintenance and operations revenue per student in weighted
average daily attendance that the district would have received
during that year under Chapter 41 and this chapter, as those
chapters existed on January 1, 2009, at a maintenance and
operations tax rate equal to the product of the state compression
percentage for that year, as determined under Section 42.2516,
multiplied by the maintenance and operations tax rate adopted by
the district for the 2005 tax year. This subsection expires
September 1, 2010.
(b) Enrichment revenue to which a school district is entitled
under Section 42.302 is not included for purposes of determining
the limitation imposed by this section.
(c) The commissioner shall make adjustments to amounts due to a
school district under this chapter or amounts required for a
district to comply with Chapter 41 as necessary to comply with
the limitation imposed by this section.
(d) A determination by the commissioner under this section is
final and may not be appealed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 49, eff. September 1, 2009.
SUBCHAPTER B. BASIC ENTITLEMENT
For expiration of Subsections (a-1) and (a-2), see Subsection
(a-2).
Sec. 42.101. BASIC ALLOTMENT. (a) For each student in average
daily attendance, not including the time students spend each day
in special education programs in an instructional arrangement
other than mainstream or career and technology education
programs, for which an additional allotment is made under
Subchapter C, a district is entitled to an allotment equal to the
lesser of $4,765 or the amount that results from the following
formula:
A = $4,765 X (DCR/MCR)
where:
"A" is the allotment to which a district is entitled;
"DCR" is the district's compressed tax rate, which is the product
of the state compression percentage, as determined under Section
42.2516, multiplied by the maintenance and operations tax rate
adopted by the district for the 2005 tax year; and
"MCR" is the state maximum compressed tax rate, which is the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by $1.50.
(a-1) Subsection (a) applies beginning with the 2013-2014 school
year. For the 2009-2010 through 2012-2013 school years,
Subsection (a) applies, except each reference to $4,765 in that
subsection is replaced with an amount equal to the greater of:
(1) $4,765; or
(2) the amount equal to the product of.0165 and the average
statewide property value per weighted student.
(a-2) Subsection (a-1) and this subsection expire September 1,
2013.
(b) A greater amount for any school year may be provided by
appropriation.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 14, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 1.11, eff.
Sept. 1, 1999.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 1.03, eff. May 31, 2006.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 50, eff. September 1, 2009.
Sec. 42.102. COST OF EDUCATION ADJUSTMENT. (a) The basic
allotment for each district is adjusted to reflect the geographic
variation in known resource costs and costs of education due to
factors beyond the control of the school district.
(b) The cost of education adjustment is the cost of education
index adjustment adopted by the foundation school fund budget
committee and contained in Chapter 203, Title 19, Texas
Administrative Code, as that chapter existed on March 26, 1997.
(c) Repealed by Acts 1997, 75th Leg., ch. 1071, Sec. 30, eff.
Sept. 1, 1997.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 15, 30,
eff. Sept. 1, 1997.
Sec. 42.103. SMALL AND MID-SIZED DISTRICT ADJUSTMENT. (a) The
basic allotment for certain small and mid-sized districts is
adjusted in accordance with this section. In this section:
(1) "AA" is the district's adjusted allotment per student;
(2) "ADA" is the number of students in average daily attendance
for which the district is entitled to an allotment under Section
42.101; and
(3) "ABA" is the adjusted basic allotment determined under
Section 42.102.
(b) The basic allotment of a school district that contains at
least 300 square miles and has not more than 1,600 students in
average daily attendance is adjusted by applying the formula:
AA = (1 + ((1,600 - ADA) X .0004)) X ABA
(c) The basic allotment of a school district that contains less
than 300 square miles and has not more than 1,600 students in
average daily attendance is adjusted by applying the formula:
AA = (1 + ((1,600 - ADA) X .00025)) X ABA
(d) The basic allotment of a school district that offers a
kindergarten through grade 12 program and has less than 5,000
students in average daily attendance is adjusted by applying the
formula, of the following formulas, that results in the greatest
adjusted allotment:
(1) the formula in Subsection (b) or (c) for which the district
is eligible; or
(2) AA = (1 + ((5,000 - ADA) X .000025)) X ABA.
(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(5), eff. September 1, 2009.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 553, Sec. 1, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.008, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 105(a)(5), eff. September 1, 2009.
Sec. 42.104. USE OF SMALL OR MID-SIZED DISTRICT ADJUSTMENT IN
CALCULATING SPECIAL ALLOTMENTS. In determining the amount of a
special allotment under Subchapter C for a district to which
Section 42.103 applies, a district's adjusted basic allotment is
considered to be the district's adjusted allotment determined
under Section 42.103.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding Sections
42.101, 42.102, and 42.103, a school district that has fewer than
130 students in average daily attendance shall be provided an
adjusted basic allotment on the basis of 130 students in average
daily attendance if it offers a kindergarten through grade 12
program and has preceding or current year's average daily
attendance of at least 90 students or is 30 miles or more by bus
route from the nearest high school district. A district offering
a kindergarten through grade 8 program whose preceding or current
year's average daily attendance was at least 50 students or which
is 30 miles or more by bus route from the nearest high school
district shall be provided an adjusted basic allotment on the
basis of 75 students in average daily attendance. An average
daily attendance of 60 students shall be the basis of providing
the adjusted basic allotment if a district offers a kindergarten
through grade 6 program and has preceding or current year's
average daily attendance of at least 40 students or is 30 miles
or more by bus route from the nearest high school district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 42.106. TUITION ALLOTMENT FOR DISTRICTS NOT OFFERING ALL
GRADE LEVELS. A school district that contracts for students
residing in the district to be educated in another district under
Section 25.039(a) is entitled to receive an allotment equal to
the total amount of tuition required to be paid by the district
under Section 25.039, not to exceed the amount specified by
commissioner rule under Section 25.039(b).
Added by Acts 1999, 76th Leg., ch. 396, Sec. 1.12, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 1069, Sec. 2, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 51, eff. September 1, 2009.
SUBCHAPTER C. SPECIAL ALLOTMENTS
Sec. 42.151. SPECIAL EDUCATION. (a) For each student in
average daily attendance in a special education program under
Subchapter A, Chapter 29, in a mainstream instructional
arrangement, a school district is entitled to an annual allotment
equal to the adjusted basic allotment multiplied by 1.1. For each
full-time equivalent student in average daily attendance in a
special education program under Subchapter A, Chapter 29, in an
instructional arrangement other than a mainstream instructional
arrangement, a district is entitled to an annual allotment equal
to the adjusted basic allotment multiplied by a weight determined
according to instructional arrangement as follows:
Homebound
5.0
Hospital class
3.0
Speech therapy
5.0
Resource room
3.0
Self-contained, mild and moderate,
regular campus
3.0
Self-contained, severe, regular campus
3.0
Off home campus
2.7
Nonpublic day school
1.7
Vocational adjustment class
2.3
(b) A special instructional arrangement for students with
disabilities residing in care and treatment facilities, other
than state schools, whose parents or guardians do not reside in
the district providing education services shall be established
under the rules of the State Board of Education. The funding
weight for this arrangement shall be 4.0 for those students who
receive their education service on a local school district
campus. A special instructional arrangement for students with
disabilities residing in state schools shall be established under
the rules of the State Board of Education with a funding weight
of 2.8.
(c) For funding purposes, the number of contact hours credited
per day for each student in the off home campus instructional
arrangement may not exceed the contact hours credited per day for
the multidistrict class instructional arrangement in the
1992-1993 school year.
(d) For funding purposes the contact hours credited per day for
each student in the resource room; self-contained, mild and
moderate; and self-contained, severe, instructional arrangements
may not exceed the average of the statewide total contact hours
credited per day for those three instructional arrangements in
the 1992-1993 school year.
(e) The State Board of Education by rule shall prescribe the
qualifications an instructional arrangement must meet in order to
be funded as a particular instructional arrangement under this
section. In prescribing the qualifications that a mainstream
instructional arrangement must meet, the board shall establish
requirements that students with disabilities and their teachers
receive the direct, indirect, and support services that are
necessary to enrich the regular classroom and enable student
success.
(f) In this section, "full-time equivalent student" means 30
hours of contact a week between a special education student and
special education program personnel.
(g) The State Board of Education shall adopt rules and
procedures governing contracts for residential placement of
special education students. The legislature shall provide by
appropriation for the state's share of the costs of those
placements.
(h) Funds allocated under this section, other than an indirect
cost allotment established under State Board of Education rule,
must be used in the special education program under Subchapter A,
Chapter 29.
(i) The agency shall encourage the placement of students in
special education programs, including students in residential
instructional arrangements, in the least restrictive environment
appropriate for their educational needs.
(j) Each year, the agency shall make and disseminate to each
school district a list of those districts that maintain for two
successive years a ratio of full-time equivalent students placed
in partially or totally self-contained classrooms to the number
of full-time equivalent students placed in resource room or
mainstream instructional arrangements that is 25 percent higher
than the statewide average ratio.
(k) A school district that provides an extended year program
required by federal law for special education students who may
regress is entitled to receive funds in an amount equal to 75
percent, or a lesser percentage determined by the commissioner,
of the adjusted basic allotment or adjusted allotment, as
applicable, for each full-time equivalent student in average
daily attendance, multiplied by the amount designated for the
student's instructional arrangement under this section, for each
day the program is provided divided by the number of days in the
minimum school year. The total amount of state funding for
extended year services under this section may not exceed $10
million per year. A school district may use funds received under
this section only in providing an extended year program.
(l) From the total amount of funds appropriated for special
education under this section, the commissioner shall withhold an
amount specified in the General Appropriations Act, and
distribute that amount to school districts for programs under
Section 29.014. The program established under that section is
required only in school districts in which the program is
financed by funds distributed under this subsection and any other
funds available for the program. After deducting the amount
withheld under this subsection from the total amount appropriated
for special education, the commissioner shall reduce each
district's allotment proportionately and shall allocate funds to
each district accordingly.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 545, Sec. 1, eff.
Sept. 1, 2003.
For expiration of Subsections (s), (s-1), (s-2), and (s-3), see
Subsection (s-3).
Sec. 42.152. COMPENSATORY EDUCATION ALLOTMENT. (a) For each
student who is educationally disadvantaged or who is a student
who does not have a disability and resides in a residential
placement facility in a district in which the student's parent or
legal guardian does not reside, a district is entitled to an
annual allotment equal to the adjusted basic allotment multiplied
by 0.2, and by 2.41 for each full-time equivalent student who is
in a remedial and support program under Section 29.081 because
the student is pregnant.
(b) For purposes of this section, the number of educationally
disadvantaged students is determined:
(1) by averaging the best six months' enrollment in the national
school lunch program of free or reduced-price lunches for the
preceding school year; or
(2) in the manner provided by commissioner rule, if no campus in
the district participated in the national school lunch program of
free or reduced-price lunches during the preceding school year.
(c) Funds allocated under this section shall be used to fund
supplemental programs and services designed to eliminate any
disparity in performance on assessment instruments administered
under Subchapter B, Chapter 39, or disparity in the rates of high
school completion between students at risk of dropping out of
school, as defined by Section 29.081, and all other students.
Specifically, the funds, other than an indirect cost allotment
established under State Board of Education rule, which may not
exceed 45 percent, may be used to meet the costs of providing a
compensatory, intensive, or accelerated instruction program under
Section 29.081 or an alternative education program established
under Section 37.008 or to support a program eligible under Title
I of the Elementary and Secondary Education Act of 1965, as
provided by Pub. L. No. 103-382 and its subsequent amendments,
and by federal regulations implementing that Act, at a campus at
which at least 40 percent of the students are educationally
disadvantaged. In meeting the costs of providing a compensatory,
intensive, or accelerated instruction program under Section
29.081, a district's compensatory education allotment shall be
used for costs supplementary to the regular education program,
such as costs for program and student evaluation, instructional
materials and equipment and other supplies required for quality
instruction, supplemental staff expenses, salary for teachers of
at-risk students, smaller class size, and individualized
instruction. A home-rule school district or an open-enrollment
charter school must use funds allocated under Subsection (a) for
a purpose authorized in this subsection but is not otherwise
subject to Subchapter C, Chapter 29. Notwithstanding any other
provisions of this section:
(1) to ensure that a sufficient amount of the funds allotted
under this section are available to supplement instructional
programs and services, no more than 18 percent of the funds
allotted under this section may be used to fund disciplinary
alternative education programs established under Section 37.008;
(2) the commissioner may waive the limitations of Subdivision
(1) upon an annual petition, by a district's board and a
district's site-based decision making committee, presenting the
reason for the need to spend supplemental compensatory education
funds on disciplinary alternative education programs under
Section 37.008, provided that:
(A) the district in its petition reports the number of students
in each grade level, by demographic subgroup, not making
satisfactory progress under the state's assessment system; and
(B) the commissioner makes the waiver request information
available annually to the public on the agency's website; and
(3) for purposes of this subsection, a program specifically
designed to serve students at risk of dropping out of school, as
defined by Section 29.081, is considered to be a program
supplemental to the regular education program, and a district may
use its compensatory education allotment for such a program.
(c-1) Notwithstanding Subsection (c), funds allocated under this
section may be used to fund in proportion to the percentage of
students served by the program that meet the criteria in Section
29.081(d) or (g):
(1) an accelerated reading instruction program under Section
28.006(g); or
(2) a program for treatment of students who have dyslexia or a
related disorder as required by Section 38.003.
(c-2) Notwithstanding Subsection (c), funds allocated under this
section may be used to fund a district's mentoring services
program under Section 29.089.
(d) The agency shall evaluate the effectiveness of accelerated
instruction and support programs provided under Section 29.081
for students at risk of dropping out of school.
(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(g) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(h) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(i) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(j) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(k) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(l) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(m) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(n) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(o) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(p) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(q) The State Board of Education, with the assistance of the
comptroller, shall develop and implement by rule reporting and
auditing systems for district and campus expenditures of
compensatory education funds to ensure that compensatory
education funds, other than the indirect cost allotment, are
spent only to supplement the regular education program as
required by Subsection (c). The reporting requirements shall be
managed electronically to minimize local administrative costs. A
district shall submit the report required by this subsection not
later than the 150th day after the last day permissible for
resubmission of information required under Section 42.006.
(q-1) The commissioner shall develop a system to identify school
districts that are at high risk of having used compensatory
education funds other than in compliance with Subsection (c) or
of having inadequately reported compensatory education
expenditures. If a review of the report submitted under
Subsection (q), using the risk-based system, indicates that a
district is not at high risk of having misused compensatory
education funds or of having inadequately reported compensatory
education expenditures, the district may not be required to
perform a local audit of compensatory education expenditures and
is not subject to on-site monitoring under this section.
(q-2) If a review of the report submitted under Subsection (q),
using the risk-based system, indicates that a district is at high
risk of having misused compensatory education funds, the
commissioner shall notify the district of that determination. The
district must respond to the commissioner not later than the 30th
day after the date the commissioner notifies the district of the
commissioner's determination. If the district's response does not
change the commissioner's determination that the district is at
high risk of having misused compensatory education funds or if
the district does not respond in a timely manner, the
commissioner shall:
(1) require the district to conduct a local audit of
compensatory education expenditures for the current or preceding
school year;
(2) order agency staff to conduct on-site monitoring of the
district's compensatory education expenditures; or
(3) both require a local audit and order on-site monitoring.
(q-3) If a review of the report submitted under Subsection (q),
using the risk-based system, indicates that a district is at high
risk of having inadequately reported compensatory education
expenditures, the commissioner may require agency staff to assist
the district in following the proper reporting methods or
amending a district or campus improvement plan under Subchapter
F, Chapter 11. If the district does not take appropriate
corrective action before the 45th day after the date the agency
staff notifies the district of the action the district is
expected to take, the commissioner may:
(1) require the district to conduct a local audit of the
district's compensatory education expenditures; or
(2) order agency staff to conduct on-site monitoring of the
district's compensatory education expenditures.
(q-4) The commissioner, in the year following a local audit of
compensatory education expenditures, shall withhold from a
district's foundation school fund payment an amount equal to the
amount of compensatory education funds the agency determines were
not used in compliance with Subsection (c). The commissioner
shall release to a district funds withheld under this subsection
when the district provides to the commissioner a detailed plan to
spend those funds in compliance with Subsection (c).
(r) The commissioner shall grant a one-year exemption from the
requirements of Subsections (q)-(q-4) to a school district in
which the group of students who have failed to perform
satisfactorily in the preceding school year on an assessment
instrument required under Section 39.023(a), (c), or (l)
subsequently performs on those assessment instruments at a level
that meets or exceeds a level prescribed by commissioner rule.
Each year the commissioner, based on the most recent information
available, shall determine if a school district is entitled to an
exemption for the following school year and notify the district
of that determination.
(s) In addition to the allotment provided under Subsection (a),
a school district is entitled to an annual allotment equal to
$650:
(1) for each student in average daily attendance who has a
parent or guardian who is serving on active duty in a combat zone
as a member of the armed forces of the United States; and
(2) for each student in average daily attendance who:
(A) has a parent or guardian serving on active duty as a member
of the armed forces of the United States; and
(B) has transferred to a campus in the district during the
school year as a result of a change in residence because of an
action taken under the Defense Base Closure and Realignment Act
of 1990 (10 U.S.C. Section 2687).
(s-1) Notwithstanding any other provision of this section, a
school district may use funds allotted to the district under
Subsection (s) only to provide supplemental programs and services
described by Subsection (c) or Subsection (f) for students
described by Subsection (s) who are enrolled in the district.
(s-2) The commissioner may provide allotments under Subsection
(s) only if funds are specifically appropriated for that purpose
or the commissioner determines that the amount appropriated for
purposes of the Foundation School Program exceeds the amount to
which school districts are entitled under this chapter and the
excess funds may be used for that purpose. The amount
appropriated for allotments under Subsection (s) may not exceed
$9.9 million in a school year. If the total amount of allotments
to which districts are entitled under Subsection (s) for a school
year exceeds the amount appropriated or otherwise available for
allotments under that subsection, the commissioner shall reduce
each district's allotment under that subsection proportionately.
(s-3) Subsections (s), (s-1), (s-2), and this subsection expire
September 1, 2013.
(t) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
(u) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.
105(a)(6), eff. September 1, 2009.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 16, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 1.13, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 725, Sec. 11, eff. June
13, 2001; Acts 2001, 77th Leg., ch. 1156, Sec. 4, 12, eff; Sept.
1, 2001; Acts 2003, 78th Leg., ch. 201, Sec. 30, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 253, Sec. 1, eff. sept. 1, 2003;
Acts 2003, 78th Leg., ch. 783, Sec. 2, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 785, Sec. 57, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 903, Sec. 3, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1276, Sec. 6.009, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 23.001(17), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1204, Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 52, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 53, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 105(a)(6), eff. September 1, 2009.
Sec. 42.153. BILINGUAL EDUCATION ALLOTMENT. (a) For each
student in average daily attendance in a bilingual education or
special language program under Subchapter B, Chapter 29, a
district is entitled to an annual allotment equal to the adjusted
basic allotment multiplied by 0.1.
(b) Funds allocated under this section, other than an indirect
cost allotment established under State Board of Education rule,
must be used in providing bilingual education or special language
programs under Subchapter B, Chapter 29, and must be accounted
for under existing agency reporting and auditing procedures.
(c) A district's bilingual education or special language
allocation may be used only for program and student evaluation,
instructional materials and equipment, staff development,
supplemental staff expenses, salary supplements for teachers, and
other supplies required for quality instruction and smaller class
size.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 42.154. CAREER AND TECHNOLOGY EDUCATION ALLOTMENT. (a)
For each full-time equivalent student in average daily attendance
in an approved career and technology education program in grades
nine through 12 or in career and technology education programs
for students with disabilities in grades seven through 12, a
district is entitled to:
(1) an annual allotment equal to the adjusted basic allotment
multiplied by a weight of 1.35; and
(2) $50, if the student is enrolled in:
(A) two or more advanced career and technology education classes
for a total of three or more credits; or
(B) an advanced course as part of a tech-prep program under
Subchapter T, Chapter 61.
(a-1) Notwithstanding any other provision of this section, the
commissioner shall develop and implement a pilot program under
which a school district is entitled to additional funding for
each student receiving career and technology instruction in grade
eight. The commissioner shall select not more than five school
districts for participation in the pilot program. In selecting
school districts for participation, the commissioner shall
consider school districts that can provide services under the
program at the least cost. For each full-time equivalent student
in grade eight in average daily attendance in an approved career
and technology education program, a school district participating
in the program under this subsection is entitled to an annual
allotment equal to the adjusted basic allotment multiplied by a
weight of 1.35. Funds allocated under this subsection, other
than an indirect cost allotment established under State Board of
Education rule, must be used in providing career and technology
programs in grade eight under Sections 29.182, 29.183, and
29.184. A school district is entitled to an allotment under this
subsection for each school year through the completion of the
2011-2012 school year. Not later than January 1, 2013, the
agency shall prepare and deliver to each member of the
legislature a report describing the effectiveness of the pilot
program described by this subsection. This subsection expires
February 1, 2013.
(b) In this section, "full-time equivalent student" means 30
hours of contact a week between a student and career and
technology education program personnel.
(c) Funds allocated under this section, other than an indirect
cost allotment established under State Board of Education rule,
must be used in providing career and technology education
programs in grades nine through 12 or career and technology
education programs for students with disabilities in grades seven
through 12 under Sections 29.182, 29.183, and 29.184.
(d) The commissioner shall conduct a cost-benefit comparison
between career and technology education programs and mathematics
and science programs.
(e) Out of the total statewide allotment for career and
technology education under this section, the commissioner shall
set aside an amount specified in the General Appropriations Act,
which may not exceed an amount equal to one percent of the total
amount appropriated, to support regional career and technology
education planning. After deducting the amount set aside under
this subsection from the total amount appropriated for career and
technology education under this section, the commissioner shall
reduce each district's tier one allotments in the same manner
described for a reduction in allotments under Section 42.253.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 31, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
763, Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 54, eff. September 1, 2009.
For expiration of this section, see Subsection (c).
Sec. 42.1541. INDIRECT COST ALLOTMENTS. (a) The State Board of
Education shall by rule increase the indirect cost allotments
established under Sections 42.151(h), 42.152(c), 42.153(b), and
42.154(a-1) and (c) and in effect for the 2008-2009 school year
as necessary to reflect the increased percentage of total
maintenance and operations funding represented by the basic
allotment under Section 42.101 as a result of amendment of that
section by H.B. No. 3646, Acts of the 81st Legislature, Regular
Session, 2009.
(b) The board shall take the action required by Subsection (a)
not later than the date that permits the increased indirect cost
allotments to apply beginning with the 2009-2010 school year.
(c) This section expires September 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 55, eff. September 1, 2009.
Sec. 42.155. TRANSPORTATION ALLOTMENT. (a) Each district or
county operating a transportation system is entitled to
allotments for transportation costs as provided by this section.
(b) As used in this section:
(1) "Regular eligible student" means a student who resides two
or more miles from the student's campus of regular attendance,
measured along the shortest route that may be traveled on public
roads, and who is not classified as a student eligible for
special education services.
(2) "Eligible special education student" means a student who is
eligible for special education services under Section 29.003 and
who would be unable to attend classes without special
transportation services.
(3) "Linear density" means the average number of regular
eligible students transported daily, divided by the approved
daily route miles traveled by the respective transportation
system.
(c) Each district or county operating a regular transportation
system is entitled to an allotment based on the daily cost per
regular eligible student of operating and maintaining the regular
transportation system and the linear density of that system. In
determining the cost, the commissioner shall give consideration
to factors affecting the actual cost of providing these
transportation services in each district or county. The average
actual cost is to be computed by the commissioner and included
for consideration by the legislature in the General
Appropriations Act. The allotment per mile of approved route may
not exceed the amount set by appropriation.
(d) A district or county may apply for and on approval of the
commissioner receive an additional amount of up to 10 percent of
its regular transportation allotment to be used for the
transportation of children living within two miles of the school
they attend who would be subject to hazardous traffic conditions
if they walked to school. Each board of trustees shall provide to
the commissioner the definition of hazardous conditions
applicable to that district and shall identify the specific
hazardous areas for which the allocation is requested. A
hazardous condition exists where no walkway is provided and
children must walk along or cross a freeway or expressway, an
underpass, an overpass or a bridge, an uncontrolled major traffic
artery, an industrial or commercial area, or another comparable
condition.
(e) The commissioner may grant an amount set by appropriation
for private or commercial transportation for eligible students
from isolated areas. The need for this type of transportation
grant shall be determined on an individual basis and the amount
granted shall not exceed the actual cost. The grants may be made
only in extreme hardship cases. A grant may not be made if the
students live within two miles of an approved school bus route.
(f) The cost of transporting career and technology education
students from one campus to another inside a district or from a
sending district to another secondary public school for a career
and technology program or an area career and technology school or
to an approved post-secondary institution under a contract for
instruction approved by the agency shall be reimbursed based on
the number of actual miles traveled times the district's official
extracurricular travel per mile rate as set by the board of
trustees and approved by the agency.
(g) A school district or county that provides special
transportation services for eligible special education students
is entitled to a state allocation paid on a previous year's
cost-per-mile basis. The maximum rate per mile allowable shall be
set by appropriation based on data gathered from the first year
of each preceding biennium. Districts may use a portion of their
support allocation to pay transportation costs, if necessary. The
commissioner may grant an amount set by appropriation for private
transportation to reimburse parents or their agents for
transporting eligible special education students. The mileage
allowed shall be computed along the shortest public road from the
student's home to school and back, morning and afternoon. The
need for this type transportation shall be determined on an
individual basis and shall be approved only in extreme hardship
cases.
(h) Funds allotted under this section must be used in providing
transportation services.
(i) In the case of a district belonging to a county
transportation system, the district's transportation allotment
for purposes of determining a district's foundation school
program allocations is determined on the basis of the number of
approved daily route miles in the district multiplied by the
allotment per mile to which the county transportation system is
entitled.
(j) The Texas School for the Deaf is entitled to an allotment
under this section. The commissioner shall determine the
appropriate allotment.
(k) Notwithstanding any other provision of this section, the
commissioner may not reduce the allotment to which a district or
county is entitled under this section because the district or
county provides transportation for an eligible student to and
from a child-care facility, as defined by Section 42. 002, Human
Resources Code, or a grandparent's residence instead of the
student's residence, as authorized by Section 34.007, if the
transportation is provided within the approved routes of the
district or county for the school the student attends.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 17, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 169, Sec. 4, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 201, Sec. 32, eff. Sept. 1,
2003.
Sec. 42.156. GIFTED AND TALENTED STUDENT ALLOTMENT. (a) For
each identified student a school district serves in a program for
gifted and talented students that the district certifies to the
commissioner as complying with Subchapter D, Chapter 29, a
district is entitled to an annual allotment equal to the
district's adjusted basic allotment as determined under Section
42.102 or Section 42.103, as applicable, multiplied by .12 for
each school year or a greater amount provided by appropriation.
(b) Funds allocated under this section, other than the amount
that represents the program's share of general administrative
costs, must be used in providing programs for gifted and talented
students under Subchapter D, Chapter 29, including programs
sanctioned by International Baccalaureate and Advanced Placement,
or in developing programs for gifted and talented students. Each
district must account for the expenditure of state funds as
provided by rule of the State Board of Education. If by the end
of the 12th month after receiving an allotment for developing a
program a district has failed to implement a program, the
district must refund the amount of the allotment to the agency
within 30 days.
(c) Not more than five percent of a district's students in
average daily attendance are eligible for funding under this
section.
(d) If the amount of state funds for which school districts are
eligible under this section exceeds the amount of state funds
appropriated in any year for the programs, the commissioner shall
reduce each district's tier one allotments in the same manner
described for a reduction in allotments under Section 42.253.
(e) If the total amount of funds allotted under this section
before a date set by rule of the State Board of Education is less
than the total amount appropriated for a school year, the
commissioner shall transfer the remainder to any program for
which an allotment under Section 42.152 may be used.
(f) After each district has received allotted funds for this
program, the State Board of Education may use up to $500,000 of
the funds allocated under this section for programs such as
MATHCOUNTS, Future Problem Solving, Odyssey of the Mind, and
Academic Decathlon, as long as these funds are used to train
personnel and provide program services. To be eligible for
funding under this subsection, a program must be determined by
the State Board of Education to provide services that are
effective and consistent with the state plan for gifted and
talented education.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 42.157. PUBLIC EDUCATION GRANT ALLOTMENT. (a) Except as
provided by Subsection (b), for each student in average daily
attendance who is using a public education grant under Subchapter
G, Chapter 29, to attend school in a district other than the
district in which the student resides, the district in which the
student attends school is entitled to an annual allotment equal
to the adjusted basic allotment multiplied by a weight of 0.1.
(b) The total number of allotments under this section to which a
district is entitled may not exceed the number by which the
number of students using public education grants to attend school
in the district exceeds the number of students who reside in the
district and use public education grants to attend school in
another district.
Added by Acts 1997, 75th Leg., ch. 722, Sec. 5, eff. Sept. 1,
1997.
Sec. 42.158. NEW INSTRUCTIONAL FACILITY ALLOTMENT. (a) A
school district is entitled to an additional allotment as
provided by this section for operational expenses associated with
opening a new instructional facility.
(b) For the first school year in which students attend a new
instructional facility, a school district is entitled to an
allotment of $250 for each student in average daily attendance at
the facility. For the second school year in which students attend
that instructional facility, a school district is entitled to an
allotment of $250 for each additional student in average daily
attendance at the facility.
(c) For purposes of this section, the number of additional
students in average daily attendance at a facility is the
difference between the number of students in average daily
attendance in the current year at that facility and the number of
students in average daily attendance at that facility in the
preceding year.
(d) Subject to Subsection (d-1), the amount appropriated for
allotments under this section may not exceed $25 million in a
school year. If the total amount of allotments to which
districts are entitled under this section for a school year
exceeds the amount appropriated under this subsection, the
commissioner shall reduce each district's allotment under this
section in the manner provided by Section 42.253(h).
(d-1) In addition to the appropriation amount described by
Subsection (d), the amount of $1 million may be appropriated each
school year to supplement the allotment to which a school
district is entitled under this section that may be provided
using the appropriation amount described by Subsection (d). The
commissioner shall first apply the funds appropriated under this
subsection to prevent any reduction under Subsection (d) in the
allotment for attendance at an eligible high school instructional
facility, subject to the maximum amount of $250 for each student
in average daily attendance. Any funds remaining after
preventing all reductions in amounts due for high school
instructional facilities may be applied proportionally to all
other eligible instructional facilities, subject to the maximum
amount of $250 for each student in average daily attendance.
(e) A school district that is required to take action under
Chapter 41 to reduce its wealth per student to the equalized
wealth level is entitled to a credit, in the amount of the
allotments to which the district is entitled under this section,
against the total amount required under Section 41.093 for the
district to purchase attendance credits. A school district that
is otherwise ineligible for state aid under this chapter is
entitled to receive allotments under this section.
(f) The commissioner may adopt rules necessary to implement this
section.
(g) In this section, "instructional facility" has the meaning
assigned by Section 46.001.
Added by Acts 1999, 76th Leg., ch. 396, Sec. 1.14, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1058, Sec. 15, eff. June 15, 2007.
Sec. 42.159. STA