By: Culberson H.J.R. No. 10
73R1568 CMB-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for equal
1-2 educational opportunity, providing for local control by a school
1-3 district of local taxes and for property tax relief, authorizing
1-4 the legislature to determine the methods by which school districts
1-5 are formed and by which state funds appropriated to school
1-6 districts are allocated, and restricting the power of the courts to
1-7 overturn a legislative decision regarding the system of or support
1-8 for public education by adopting federal constitutional law that
1-9 also preserves equal access to the courts.
1-10 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. The constitutional amendment proposed by this
1-12 resolution shall be submitted to the voters at an election to be
1-13 held March 6, 1993. The ballot shall be printed to provide for
1-14 voting for or against the proposition: "The constitutional
1-15 amendment:
1-16 (1) providing for equal educational opportunity;
1-17 (2) providing property tax relief;
1-18 (3) providing for local control by all school
1-19 districts of local taxes levied for the support of public schools;
1-20 (4) providing for legislative control of the methods
1-21 by which state funds are distributed to school districts and by
1-22 which school districts are formed; and
1-23 (5) restricting the power of the courts to overturn a
1-24 legislative decision regarding the system of or support for public
2-1 education by adopting federal constitutional law which also
2-2 preserves equal access to the courts."
2-3 SECTION 2. Article VII, Section 1, of the Texas Constitution
2-4 is amended to read as follows:
2-5 Sec. 1. A general diffusion of knowledge being essential to
2-6 the preservation of the liberties and rights of the people, it
2-7 shall be the duty of the Legislature of the State to establish and
2-8 make suitable provision for the support and maintenance of an
2-9 efficient system of public free schools so that every school
2-10 district will have substantially equal access to similar revenues
2-11 per pupil at similar levels of tax effort. A statute enacted by
2-12 the Legislature to provide for an efficient system or to provide
2-13 for its support and maintenance is presumed to meet the
2-14 requirements of this constitution if the statute rationally
2-15 furthers a legitimate State purpose or interest such as efficiency
2-16 or local control.
2-17 SECTION 3. Article VII, Section 3, of the Texas Constitution
2-18 is amended to read as follows:
2-19 Sec. 3. (a) One-fourth of the revenue derived from the
2-20 State occupation taxes <and poll tax of one dollar on every
2-21 inhabitant of the State, between the ages of twenty-one and sixty
2-22 years,> shall be set apart annually for the benefit of the public
2-23 free schools; <and in addition thereto, there shall be levied and
2-24 collected an annual ad valorem State tax of such an amount not to
2-25 exceed thirty-five cents on the one hundred ($100.00) dollars
2-26 valuation, as with the available school fund arising from all other
2-27 sources, will be sufficient to maintain and support the public
3-1 schools of this State for a period of not less than six months in
3-2 each year,> and it shall be the duty of the State Board of
3-3 Education to set aside a sufficient amount <out> of revenue <the
3-4 said tax> to provide free text books for the use of children
3-5 attending the public free schools of this State. The Legislature
3-6 may make appropriations<; provided, however, that should the limit
3-7 of taxation herein named be insufficient the deficit may be met by
3-8 appropriation> from the general funds of the State for the support
3-9 of the public free schools, and a statute enacted by the
3-10 Legislature setting the amount of those appropriations or the
3-11 method by which they are distributed is presumed to meet the
3-12 requirements of this constitution if the statute rationally
3-13 furthers a legitimate State purpose or interest such as efficiency
3-14 or local control.
3-15 (b) The <and the> Legislature may also provide for the
3-16 formation of school districts <district> by general laws; and all
3-17 such school districts may embrace parts of two or more counties,
3-18 and the Legislature shall be authorized to pass laws <for the
3-19 assessment and collection of taxes in all said districts and> for
3-20 the management and control of the public school or schools of such
3-21 districts, whether such districts are composed of territory wholly
3-22 within a county or in parts of two or more counties. Except for
3-23 State educational mandates imposed in compliance with this
3-24 constitution or federal law, the Legislature may not require a
3-25 school district to comply with a State educational mandate which is
3-26 not funded by the State and which is enacted by less than
3-27 two-thirds of the members elected to each House. The<, and the>
4-1 Legislature by general law may authorize each school district to
4-2 levy, assess, and collect an <additional> ad valorem local tax <to
4-3 be levied and collected within all school districts heretofore
4-4 formed or hereafter formed,> for the further maintenance of public
4-5 free schools, and for the erection and equipment of school
4-6 buildings therein; provided that a majority of the qualified
4-7 property taxpaying voters of the district voting at an election to
4-8 be held for that purpose, shall vote such tax not to exceed in any
4-9 one year one ($1.00) dollar on the one hundred dollars valuation of
4-10 the property subject to taxation in such district, but the
4-11 limitation upon the amount of school district tax herein authorized
4-12 shall not apply to incorporated cities or towns constituting
4-13 separate and independent school districts, nor to independent or
4-14 common school districts created by general or special law. The
4-15 Legislature may not, by consolidation or otherwise, establish a
4-16 school district for the purpose of assessing and collecting ad
4-17 valorem taxes for the support of other school districts within its
4-18 boundaries.
4-19 (c) A law authorized by this section providing for the
4-20 formation of school districts or for the levy, assessment, or
4-21 collection of local taxes by school districts is presumed to meet
4-22 the requirements of this constitution if the law rationally
4-23 furthers a legitimate State purpose or interest such as efficiency
4-24 or local control.