Part 2.
TEXAS EDUCATION AGENCY
Chapter 62.
COMMISSIONER'S RULES CONCERNING THE EQUALIZED WEALTH LEVEL
19 TAC §§62.1001, 62.1011, 62.1031, 62.1041, 62.1051, 62.1061
The Texas Education Agency (TEA) proposes amendments to §§62.1001,
62.1011, 62.1031, 62.1041, 62.1051, and 62.1061, concerning the equalized
wealth level. These sections establish provisions relating to authority of
trustees and durations of agreements; election duties of board of trustees;
date of agreement for purposes of determining election date; weighted students
in average daily attendance for purposes of tax rate rollback; definition
of parcel detached and annexed by the commissioner of education; and election
of trustees of district consolidated by the commissioner. The proposed amendments
would update statutory references to current provisions of the Texas Education
Code (TEC).
In 1993, the 73rd Texas Legislature created the current wealth equalization
system in TEC, Chapter 36. Subsequently in 1995, the 74th Texas Legislature
moved the wealth equalization provisions in the TEC from Chapter 36 to Chapter
41. At that same time, TEC, Chapter 16, pertaining to the Foundation School
Program was recodifed as Chapter 42. The changes proposed in 19 TAC §§62.1001,
62.1011, 62.1031, 62.1041, 62.1051, and 62.1061 would modify statutory references
to correspond to current codification.
Joe Wisnoski, Assistant Commissioner for School Finance and Fiscal Analysis,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amendments.
Mr. Wisnoski has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amendments will be a clear statement in rule form of the proper
references to statute. There will not be an effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the amendments.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Accountability Reporting and Research, 1701 North Congress Avenue, Austin,
Texas 78701, (512) 463-9701. Comments may also be submitted electronically
to
rules@tea.state.tx.us
or faxed to (512)
475-3499. All requests for a public hearing on the proposed amendments submitted
under the Administrative Procedure Act must be received by the commissioner
of education not more than 15 calendar days after notice of the proposal has
been published in the
Texas Register
.
The amendments are proposed under Texas Education Code, §41.006,
which authorizes the commissioner to adopt rules necessary for the implementation
of TEC, Chapter 41, Equalized Wealth Level.
The amendments implement Texas Education Code, §41.006.
§62.1001.Authority of Trustees; Duration of Agreements.
(a)
Trustees of independent school districts may not delegate
their authority to enter into agreements necessary to achieve the purposes
of the Texas Education Code, Chapter
41
[
(b)
Consolidations under the Texas Education Code, Chapter
41
[
§62.1011.Election Duties of Board of Trustees.
For the purposes of an election ordered under the Texas Education Code,
Chapter
41
[
§62.1031.Date of Agreement for Purposes of Determining Election Date.
For the purposes of the Texas Education Code,
§41.012
[
§62.1041.Weighted Students in Average Daily Attendance for Purposes of Tax Rate Rollback.
In determining the number of weighted students in average daily attendance
for the purposes of tax rate rollback calculations under the Texas Tax Code, §26.08,
the number calculated under the Texas Education Code,
§42.302
[
(1)
as provided by the Texas Education Code,
§41.123
[
(2)
by adding the number of weighted students in average daily
attendance attributed to the district through the purchase of attendance credits
under the Texas Education Code, Chapter
41
[
§62.1051.Definition of Parcel Detached and Annexed by Commissioner.
For the purposes of implementing the Texas Education Code, Chapter
41
[
(1)
contiguous to each other;
(2)
used as a unit or subject to the same predominant use;
and
(3)
located within the boundaries of a single school district.
§62.1061.Election of Trustees of District Consolidated by Commissioner.
The election date under the Texas Education Code,
§41.253(b)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 23, 2003.
TRD-200300471
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-9701
Subchapter CC. COMMISSIONER'S RULES ON CREDITABLE YEARS OF SERVICE
36
]. Nor may
the trustees authorize any exclusive franchises on the right to negotiate
on behalf of the district.
36
], Subchapter B; detachments and annexations under
Subchapter C; and tax base consolidations under Subchapter F are permanent
in duration and districts may not enter into agreements that purport to limit
the duration of the agreement. Nor may the parties create by agreement any
right to cancel the agreement.
36
], the board of trustees that orders the
election shall perform any applicable duty assigned to the county judge or
to the county commissioners court under the Texas Education Code, Chapter
13
[
19
].
§36.010
], the date of an agreement entered by the board of trustees
of a school district under the Texas Education Code, Chapter
41
[
36
], Subchapter E or F, is the date that the agreement is certified
by the commissioner of education.
§16.302
], is adjusted:
§36.123
], by adding the number of weighted students
in average daily attendance attributed to the district through a contract
to educate nonresident students under the Texas Education Code, Chapter
41
[
36
], Subchapter E; and
36
], Subchapter
D.
36
], Subchapter G, a parcel shall be defined as one or
more separately described items of real property, together with the improvements
and personal property located on the property, that have the same taxable
situs or that are:
§36.253(b)
], is modified to be the first May uniform
election date after the effective date of a consolidation order under the
Texas Education Code, Chapter
41
[
36
].
Chapter 153.
SCHOOL DISTRICT PERSONNEL