Sec. 48.273. FOUNDATION SCHOOL FUND TRANSFERS. (a) In this section:
(1) "Category 1 school district" means a school district having a wealth per student of less than one-half of the statewide average wealth per student.
(2) "Category 2 school district" means a school district having a wealth per student of at least one-half of the statewide average wealth per student but not more than the statewide average wealth per student.
(3) "Category 3 school district" means a school district having a wealth per student of more than the statewide average wealth per student.
(4) "Wealth per student" means the taxable property values reported by the comptroller to the commissioner under Section 48.256 divided by the number of students in average daily attendance.
(b) Payments from the foundation school fund to each category 1 school district shall be made as follows:
(1) 15 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of September of a fiscal year;
(2) 80 percent of the yearly entitlement of the district shall be paid in eight equal installments to be made on or before the 25th day of October, November, December, January, March, May, June, and July; and
(3) five percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of February.
(c) Payments from the foundation school fund to each category 2 school district shall be made as follows:
(1) 22 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of September of a fiscal year;
(2) 18 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of October;
(3) 9.5 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of November;
(4) 7.5 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of April;
(5) five percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of May;
(6) 10 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of June;
(7) 13 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of July; and
(8) 15 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of August.
(d) Payments from the foundation school fund to each category 3 school district shall be made as follows:
(1) 45 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of September of a fiscal year;
(2) 35 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of October; and
(3) 20 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of August.
(e) The amount of any installment required by this section may be modified to provide a school district with the proper amount to which the district may be entitled by law and to correct errors in the allocation or distribution of funds. If an installment under this section is required to be equal to other installments, the amount of other installments may be adjusted to provide for that equality. A payment under this section is not invalid because it is not equal to other installments.
(f) Previously unpaid additional funds from prior fiscal years owed to a district shall be paid to the district together with the September payment of the current fiscal year entitlement.
(g) The commissioner shall make all annual Foundation School Program payments under this section for purposes described by Sections 45.252(a)(1) and (2) before the deadline established under Section 45.263(b) for payment of debt service on bonds. Notwithstanding any other provision of this section, the commissioner may make Foundation School Program payments under this section after the deadline established under Section 45.263(b) only if the commissioner has not received notice under Section 45.258 concerning a district's failure or inability to pay matured principal or interest on bonds.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1995, 74th Leg., ch. 426, Sec. 31, eff. June 9, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.03, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 201, Sec. 35, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1310, Sec. 4, eff. June 20, 2003.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 1.06, eff. August 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 61, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 1.01, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1410 (S.B. 758), Sec. 1, eff. June 14, 2013.
Transferred, redesignated and amended from Education Code, Section 42.259 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.042, eff. September 1, 2019.
Structure Texas Statutes
Subtitle I - School Finance and Fiscal Management
Chapter 48 - Foundation School Program
Subchapter F. Financing the Program
Section 48.251. Financing; General Rule
Section 48.252. School District Entitlement for Certain Students
Section 48.253. Additional State Aid for Tax Increment Financing Payments
Section 48.254. Additional State Aid for Ad Valorem Tax Credits Under Texas Economic Development Act
Section 48.2541. Additional State Aid for Certain Ad Valorem Tax Refunds
Section 48.2543. Additional State Aid for Homestead Exemption
Section 48.255. State Compression Percentage
Section 48.2551. Maximum Compressed Tax Rate
Section 48.2552. Limitation on Maximum Compressed Rate
Section 48.2553. Permitted Tax Rate for Maintenance of 2020-2021 School Year Basic Allotment
Section 48.256. Local Share of Program Cost (Tier One)
Section 48.257. Local Revenue Level in Excess of Entitlement
Section 48.258. Adjustment for Rapid Decline in Taxable Value of Property
Section 48.259. Adjustment for Optional Homestead Exemption
Section 48.260. Adjustment for Property Value Affected by State of Disaster
Section 48.261. Reimbursement for Disaster Remediation Costs
Section 48.2611. One-Time Reimbursement for Winter Storm Uri
Section 48.262. Adjustments for Certain Districts Receiving Federal Impact Aid
Section 48.263. Adjustment for District Operating Pilot Program
Section 48.264. Adjustment for Certain Districts With Early High School Graduation Programs
Section 48.2642. Adjustments for Texas First Early High School Completion Program Graduates
Section 48.265. Excess Funds for Video Surveillance of Special Education Settings
Section 48.266. Distribution of Foundation School Fund
Section 48.267. Adjustment by Commissioner
Section 48.269. Estimates Required
Section 48.270. Falsification of Records; Report
Section 48.271. Effect of Appraisal Appeal
Section 48.272. Recovery of Overallocated Funds
Section 48.2721. Recovery of Funds From Excessive Taxation
Section 48.273. Foundation School Fund Transfers
Section 48.274. Foundation School Fund Transfers to Certain Charter Schools
Section 48.275. Use of Certain Funds
Section 48.277. Formula Transition Grant
Section 48.278. Equalized Wealth Transition Grant
Section 48.279. Maintenance of State Financial Support for Special Education
Section 48.281. Maintenance of Effort and Equity for Federal Money Related to Covid-19 Pandemic