By:  Ogden                                            H.J.R. No. 40
       73R3500 ESH-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment relating to the support and
    1-2  maintenance of schools.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article VII, Section 1, of the Texas Constitution
    1-5  is amended to read as follows:
    1-6        Sec. 1.  A general diffusion of knowledge being essential to
    1-7  the preservation of the liberties and rights of the people, it
    1-8  shall be the duty of the Legislature of the State to establish and
    1-9  make suitable provision for the support and maintenance of an
   1-10  efficient system of public free schools so that every school
   1-11  district has substantially equal access to similar revenues per
   1-12  pupil at similar levels of tax effort.  A statute enacted by the
   1-13  Legislature to provide for an efficient system or to provide for
   1-14  its support and maintenance is presumed to meet the requirements of
   1-15  this Constitution if the statute rationally furthers a legitimate
   1-16  state purpose or interest such as efficiency or local control.
   1-17        SECTION 2.  Article VII of the Texas Constitution is amended
   1-18  by adding Section 3-c to read as follows:
   1-19        Sec. 3-c.  (a)  Subject to the limitations provided by this
   1-20  section, the legislature by law may provide for the redistribution
   1-21  of ad valorem taxes levied and collected countywide for the
   1-22  operation and maintenance of the public free schools in a county
   1-23  that, because of its property wealth, is not eligible for state
   1-24  funds to finance the operation and maintenance of the schools of
    2-1  the county other than funds from the available school fund or for
    2-2  the provision of free textbooks.
    2-3        (b)  The amount of revenue per student redistributed under
    2-4  Subsection (a) of this section may not exceed the difference
    2-5  between the revenue yield per student per $0.01 of ad valorem tax
    2-6  effort in the county and the yield per student per $0.01 guaranteed
    2-7  by the state for all counties.
    2-8        (c)  The legislature may not provide for the redistribution
    2-9  of revenues from that portion of a countywide ad valorem tax rate
   2-10  that exceeds the lesser of:
   2-11              (1)  $0.92 per $100 of valuation; or
   2-12              (2)  the statewide average of the rate of countywide ad
   2-13  valorem taxes imposed for the operation and maintenance of the
   2-14  public free schools.
   2-15        (d)  The amount redistributed by the legislature under this
   2-16  section may not exceed 1.50 percent of the sum of the state revenue
   2-17  appropriated for public schools and the revenue from local ad
   2-18  valorem taxes levied and collected for public schools.  For
   2-19  purposes of this section, state revenue does not include revenue
   2-20  from ad valorem taxes, revenue for the provision of free textbooks,
   2-21  or contributions to a retirement system.
   2-22        SECTION 3.  This proposed constitutional amendment shall be
   2-23  submitted to the voters at an election to be held May 1, 1993.  The
   2-24  ballot shall be printed to provide for voting for or against the
   2-25  proposition:  "The constitutional amendment providing for the
   2-26  funding of schools."