Tex.
Educ. Code Section 45.261
Reimbursement of Foundation School Program
(a)
If the commissioner orders payment from the money appropriated to the Foundation School Program on behalf of a school district that is not required to reduce its local revenue level under Section 48.257 (Local Revenue Level in Excess of Entitlement), the commissioner shall direct the comptroller to withhold the amount paid from the first state money payable to the district. If the commissioner orders payment from the money appropriated to the Foundation School Program on behalf of a school district that is required to reduce its local revenue level under Section 48.257 (Local Revenue Level in Excess of Entitlement), the commissioner shall increase amounts due from the district under Chapter 49 (Options for Local Revenue Levels in Excess of Entitlement) in a total amount equal to the amount of payments made on behalf of the district under this subchapter. Amounts withheld or received under this subsection shall be used for the Foundation School Program.(b)
In accordance with commissioner rules, the commissioner may authorize reimbursement of the Foundation School Program in a manner other than that provided by this section.(c)
The commissioner may order a school district to set an ad valorem tax rate capable of producing an amount of revenue sufficient to enable the district to:(1)
provide reimbursement under this section; and(2)
pay the remaining principal of and interest on the bonds as the principal and interest become due.(d)
If a school district fails to comply with the commissioner’s order under Subsection (c), the commissioner may impose any sanction on the district authorized to be imposed on a district under Chapter 39A (Accountability Interventions and Sanctions), including appointment of a board of managers or annexation to another district, regardless of the district’s accreditation status or the duration of a particular accreditation status.(e)
Any part of a school district’s tax rate attributable to producing revenue for purposes of Subsection (c)(1) is considered part of the district’s:(1)
current debt rate for purposes of computing a voter-approval tax rate under Section 26.08 (Automatic Election to Approve Tax Rate of School District), Tax Code; and(2)
interest and sinking fund tax rate.(f)
On reimbursement by a school district as required by this section, the commissioner shall pay to the district any amount withheld under this section.
Source:
Section 45.261 — Reimbursement of Foundation School Program, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.45.htm#45.261 (accessed Jun. 5, 2024).
