Commissioner's Rules
Adopted Repeal of 19 TAC Chapter 105, Foundation School Program, Subchapter BB, Commissioner's Rules Concerning State Aid Entitlements, §105.1011, Distribution of Foundation School Fund, and §105.1012, Additional State Aid for Professional Staff Salaries
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted Repeal of 19 TAC Chapter 105, Foundation School Program, Subchapter BB, Commissioner's Rules Concerning State Aid Entitlements, §105.1011, Distribution of Foundation School Fund, and §105.1012, Additional State Aid for Professional Staff Salaries (PDF)
SUMMARY:
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts the repeal of 19 TAC Chapter 105, Foundation School Program, Subchapter BB, Commissioner's Rules Concerning State Aid Entitlements, §105.1011, Distribution of Foundation School Fund, and §105.1012, Additional State Aid for Professional Staff Salaries. The adopted repeal of 19 TAC §105.1011 is necessary because of the expiration of the rule and of its authorizing statute, the Texas Education Code (TEC), §42.253(e-2), as added by Senate Bill (SB) 4, 76th Texas Legislature, 1999. The adopted repeal of 19 TAC §105.1012 is necessary because of the repeal of its authorizing statute, the TEC, §42.2512. No changes were made to the rules since published as proposed.
STATUTORY AUTHORITY:
TEC, §42.253(e-2), as added by SB 4, 76th Texas Legislature, 1999 (expired September 1, 2001); and TEC, §42.2512(c), as repealed by House Bill (HB) 3646, 81st Texas Legislature, 2009.
EFFECTIVE DATE:
June 17, 2010.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The TEC, §42.253(e-2), as added by SB 4, 76th Texas Legislature, 1999, authorized the commissioner of education to adopt rules for computing a certain limit on school district tax rates for the purpose of calculating the districts' state aid entitlements, as described by the TEC, §42.253(e-1), as added by SB 4, 76th Texas Legislature, 1999. The provisions applied for the 1999-2000 and 2000-2001 school years. The commissioner exercised rulemaking authority to adopt 19 TAC §105.1011, Distribution of Foundation School Fund, effective November 7, 1999.
The TEC, §42.253(e-2), as added by SB 4, 76th Texas Legislature, 1999, specified an expiration date of September 1, 2001, for subsections (e-1) and (e-2). In addition, 19 TAC §105.1011(b) specifies an expiration date of September 1, 2001, for the section in alignment with statute.
The adopted repeal of 19 TAC §105.1011 repeals a section that has expired and whose statutory authorization has expired.
The TEC, §42.2512(c), authorized the commissioner to adopt rules for the provision of aid known as additional state aid for professional staff salaries. The commissioner exercised rulemaking authority to adopt 19 TAC §105.1012, Additional State Aid for Professional Staff Salaries, effective November 7, 1999.
HB 3646, 81st Texas Legislature, 2009, made amendments to the TEC, §42.2516, Additional State Aid for Tax Reduction, which incorporated the funding previously delivered in a separate allotment for the state aid authorized under the TEC, §42.2512. Accordingly, the TEC, §42.2512, was repealed. Instead, state aid for professional staff salaries will be included as part of a larger funding payment.
The adopted repeal of 19 TAC §105.1012 repeals a section whose authorizing statute has been repealed.
No changes were made to the rules since published as proposed.
FISCAL IMPACT:
The TEA has determined that there are no additional costs to persons or entities required to comply with the rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT:
The adopted repeals reflect statutory changes and remove obsolete provisions from rule.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted repeals have no procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted repeals have no locally maintained paperwork requirements.
PUBLIC COMMENTS:
The public comment period on the rule action began April 2, 2010, and ended May 3, 2010. No public comments were received.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Shirley Beaulieu, Associate Commissioner, Finance/Chief Financial Officer
Lisa Dawn-Fisher, Deputy Associate Commissioner, School Finance
For additional information, email rules@tea.state.tx.us.