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."