By: Culberson H.J.R. No. 8 73R1567 CAE-F A JOINT RESOLUTION 1-1 proposing a constitutional amendment releasing a school district 1-2 from the obligation to comply with an unfunded state educational 1-3 mandate. 1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article VII of the Texas Constitution is amended 1-6 by adding Section 3-c to read as follows: 1-7 Sec. 3-c. (a) A school district is exempt from a state 1-8 educational mandate for which the legislature has not appropriated 1-9 funds estimated to be sufficient to meet the expenditure required 1-10 by the mandate at the time the mandate is effective unless the 1-11 legislature has determined that the mandate fulfills an important 1-12 state interest and: 1-13 (1) the mandate passed by a two-thirds vote in each 1-14 house of the legislature; 1-15 (2) the expenditure is required to comply with a law 1-16 that applies to all persons similarly situated, including entities 1-17 other than a school district; or 1-18 (3) the mandate is necessary either to comply with 1-19 federal law or to meet eligibility standards for a federal 1-20 entitlement, and the federal law specifically contemplates action 1-21 by a district for compliance or eligibility. 1-22 (b) In this section, "state educational mandate" means a 1-23 statutory provision the implementation of which requires an 1-24 expenditure by a school district that would not have been required 2-1 in the absence of the statutory provision and rules adopted under 2-2 that provision. 2-3 SECTION 2. This proposed constitutional amendment shall be 2-4 submitted to the voters at an election to be held November 2, 1993. 2-5 The ballot shall be printed to provide for voting for or against 2-6 the proposition: "The constitutional amendment providing relief 2-7 from ad valorem taxes by releasing a school district from the 2-8 obligation to comply with an unfunded state educational mandate."