87R12430 MWC-F     By: Howard H.B. No. 3805       A BILL TO BE ENTITLED   AN ACT   relating to the costs of expansion of open-enrollment charter   schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 48.266(f), Education Code, is amended to   read as follows:          (f)  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 and open-enrollment charter   schools 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 (h), the commissioner may not   approve an expansion amendment for an open-enrollment charter   school and may not approve the application of a new charter holder   for the biennium before adjusting [shall adjust] the total amounts   due to each school district and open-enrollment charter school   under this chapter and the total amounts necessary for each school   district to comply with the requirements of Chapter 49 by an amount   determined by applying to each district and school the same   percentage adjustment to the total amount of state and local   revenue due to the district or school under this chapter and Chapter   49 so that the total amount of the adjustment to all districts and   schools results in an amount equal to the total adjustment   necessary. The following fiscal year:                (1)  a district's or school's entitlement under this   section is increased by an amount equal to the adjustment made   under this subsection; and                (2)  the amount necessary for a district to comply with   the requirements of Chapter 49 is reduced by an amount necessary to   ensure a district's full recovery of the adjustment made under this   subsection.          SECTION 2.  Section 48.269(a), Education Code, is amended to   read as follows:          (a)  Not later than October 1 of each even-numbered year:                (1)  the agency shall submit to the legislature:                      (A)  an estimate of the tax rate and student   enrollment of each school district for the following biennium; and                      (B)  for each open-enrollment charter school, the   school's student enrollment and the school's maximum enrollment   capacity; and                (2)  the comptroller shall submit to the legislature an   estimate of the total taxable value of all property in the state as   determined under Subchapter M, Chapter 403, Government Code, for   the following biennium.          SECTION 3.  This Act applies beginning with the 2021-2022   school year.          SECTION 4.  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.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2021.