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."