Page:United States Statutes at Large Volume 124.djvu/2418

 124 STAT. 2392 PUBLIC LAW 111–226—AUG. 10, 2010 (iii) in the case of a State in which State tax collections for calendar year 2009 were less than State tax collections for calendar year 2006, for State fiscal year 2011 the State will maintain State support for elementary and secondary education (in the aggregate) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by stu- dents)— (I) at not less than the level of such support for each of the two categories, respectively, for State fiscal year 2006; or (II) at a percentage of the total revenues avail- able to the State that is equal to or greater than the percentage provided for each of the two cat- egories, respectively, for State fiscal year 2006. (B) Section 14005(d)(1) and subsections (a) through (c) of section 14012 of division A of Public Law 111–5 shall not apply to funds appropriated under this heading. (11) ADDITIONAL REQUIREMENTS FOR THE STATE OF TEXAS.— The following requirements shall apply to the State of Texas: (A) Notwithstanding paragraph (3)(B), funds used to support elementary and secondary education shall be distributed based on local educational agencies’ relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year which data are available. Funds distributed pursuant to this paragraph shall be used to supplement and not supplant State formula funding that is distributed on a similar basis to part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (B) The Secretary shall not allocate funds to the State of Texas under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will for fiscal years 2011, 2012, and 2013 maintain State support for elementary and secondary education at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for such purpose for fiscal year 2011 prior to the enactment of this Act. (C) Notwithstanding paragraph (8), no distribution shall be made to the State of Texas or local education agencies therein unless the Governor of Texas makes an assurance to the Secretary that the requirements in para- graphs (11)(A) and (11)(B) will be met, notwithstanding the lack of an application from the Governor of Texas. Applicability.