Sec. 46.009. PAYMENT OF SCHOOL FACILITIES ALLOTMENTS. (a) For each school year, the commissioner shall determine the amount of money to which each school district is entitled under this subchapter.
(b) If the amount appropriated for purposes of this subchapter for a year is less than the total amount determined under Subsection (a) for that year, the commissioner shall:
(1) transfer from the Foundation School Program to the instructional facilities program the amount by which the total amount determined under Subsection (a) exceeds the amount appropriated; and
(2) reduce each district's foundation school fund allocations in the manner provided by Section 48.266(f).
(c) Warrants for payments under this subchapter shall be approved and transmitted to school district treasurers or depositories in the same manner as warrants for payments under Chapter 48.
(d) As soon as practicable after September 1 of each year, the commissioner shall distribute to each school district the amount of state assistance under this subchapter to which the commissioner has determined the district is entitled for the school year. The district shall deposit the money in the interest and sinking fund for the bonds for which the assistance is received and shall adopt a tax rate for purposes of debt service that takes into account the balance of the interest and sinking fund.
(e) Section 48.272 applies to payments under this subchapter.
(f) If a school district would have received a greater amount under this subchapter for the applicable school year using the adjusted value determined under Section 48.271, the commissioner shall add the difference between the adjusted value and the amount the district received under this subchapter to subsequent distributions to the district under this subchapter.
Added by Acts 1997, 75th Leg., ch. 592, Sec. 1.04, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.27, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.061, eff. September 1, 2019.
Structure Texas Statutes
Subtitle I - School Finance and Fiscal Management
Chapter 46 - Assistance With Instructional Facilities and Payment of Existing Debt
Subchapter A. Instructional Facilities Allotment
Section 46.003. School Facilities Allotment
Section 46.004. Lease-Purchase Agreements
Section 46.005. Limitation on Guaranteed Amount
Section 46.006. Shortage or Excess of Funds Appropriated for New Projects
Section 46.007. Refunding Bonds
Section 46.0081. Security Criteria in Design of Instructional Facilities
Section 46.009. Payment of School Facilities Allotments
Section 46.010. Projects by More Than One District
Section 46.011. Sale of Instructional Facility Financed With Instructional Facilities Allotment
Section 46.012. Applicability to Open-Enrollment Charter Schools