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A JOINT RESOLUTION
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proposing a constitutional amendment requiring the state to pay at |
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least 50 percent of the cost of maintaining and operating the public |
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school system and prohibiting the comptroller from certifying |
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legislation containing an appropriation for public education |
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unless the requirement is met. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article VII, Texas Constitution, is |
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amended to read as follows: |
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Sec. 1. A general diffusion of knowledge being essential to |
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the preservation of the liberties and rights of the people, it shall |
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be the duty of the Legislature of the State to establish and make |
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suitable provision for the support and maintenance of an efficient |
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system of public free schools by providing State funding in an |
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amount that constitutes, as determined by the Legislature, at least |
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50 percent of the cost of maintaining and operating that system. In |
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calculating the amount of State funding required under this |
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section, the Legislature may not consider money that is |
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attributable to an ad valorem tax imposed by a school district on |
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property located in the school district, including any revenue the |
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school district is required to transfer to the State to reduce the |
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school district's local revenue level in excess of entitlement. |
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SECTION 2. Section 49a, Article III, Texas Constitution, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) Except in the case of emergency and imperative public |
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necessity and with a four-fifths vote of the total membership of |
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each House, no appropriation in excess of the cash and anticipated |
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revenue of the funds from which such appropriation is to be made |
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shall be valid. No bill containing an appropriation shall be |
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considered as passed or be sent to the Governor for consideration |
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until and unless: |
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(1) the Comptroller of Public Accounts endorses the |
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Comptroller's [his] certificate thereon showing that the amount |
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appropriated is within the amount estimated to be available in the |
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affected funds; and |
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(2) if the bill makes an appropriation for the general |
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maintenance and operation of the system of public free schools, the |
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Comptroller additionally certifies that the appropriation, |
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together with all other appropriations made for the general |
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maintenance and operation of that system for the same period, |
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complies with the requirement of Section 1, Article VII, of this |
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constitution. |
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(c) When the Comptroller finds an appropriation bill |
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exceeds the estimated revenue or, if applicable, fails to comply |
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with Section 1, Article VII, of this constitution, the Comptroller |
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[he] shall endorse such finding thereon and return to the House in |
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which same originated. Such information shall be immediately made |
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known to both the House of Representatives and the Senate and the |
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necessary steps shall be taken to, as applicable: |
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(1) bring such appropriation to within the revenue, |
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either by providing additional revenue or reducing the |
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appropriation; or |
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(2) comply with Section 1, Article VII, of this |
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constitution. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2023. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment requiring the state to |
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pay at least 50 percent of the cost of maintaining and operating the |
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public school system and prohibiting the comptroller from |
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certifying legislation containing an appropriation for public |
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education unless the requirement is met." |