By Carona                                             H.J.R. No. 47
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment authorizing the legislature to
    1-2  determine the adequacy of the public free schools, providing an
    1-3  equity standard for public school finance, prohibiting the
    1-4  redistribution of certain ad valorem taxes levied and collected by
    1-5  certain school districts, abolishing county education districts,
    1-6  and reviving certain homestead exemptions.
    1-7        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Article VII, Section 1, of the Texas Constitution
    1-9  is amended to read as follows:
   1-10        Sec. 1.  A general diffusion of knowledge being essential to
   1-11  the preservation of the liberties and rights of the people, it
   1-12  shall be the duty of the Legislature of the State to establish and
   1-13  make suitable provision for the support and maintenance of an
   1-14  efficient system of public free schools.  A statute enacted by the
   1-15  Legislature determining the adequacy of the system of public free
   1-16  schools  is presumed to meet the requirements of this constitution
   1-17  if the statute rationally furthers a legitimate State purpose or
   1-18  interest.
   1-19        SECTION 2.  Article VII of the Texas Constitution is amended
   1-20  by adding Section 1a to read as follows:
   1-21        Sec. 1a.  A system of public free schools is efficient if not
   1-22  later than the state fiscal biennium that begins in 1995 the total
   1-23  amount of state revenue and local ad valorem tax revenue per $0.01
    2-1  of school district tax effort, as defined by law, is equal for not
    2-2  less than 95 percent of the total amount of state revenue and local
    2-3  ad valorem tax revenue provided biennially to finance the public
    2-4  free schools.
    2-5        SECTION 3.  Article VII of the Texas Constitution is amended
    2-6  by adding Sections 3-c and 3-d to read as follows:
    2-7        Sec. 3-c.  The legislature may not redistribute any ad
    2-8  valorem taxes levied and collected by a school district to another
    2-9  school district.
   2-10        Sec. 3-d.  (a)  Each county education district created by
   2-11  S.B. 351 (Chapter 20) and H.B. 2885 (Chapter 391), Acts of the 72nd
   2-12  Legislature, Regular Session, 1991, is abolished.  The component
   2-13  school districts of an abolished county education district may
   2-14  collect and use or distribute taxes imposed by the county education
   2-15  district that are due or delinquent in the manner provided by rule
   2-16  of the commissioner of education.  The component school districts
   2-17  shall pay refunds of county education district taxes to which
   2-18  taxpayers are entitled under state law in the manner provided by
   2-19  rule of the commissioner of education.
   2-20        (b)  A residence homestead exemption adopted by the voters of
   2-21  a school district before county education districts were created by
   2-22  S.B. 351 (Chapter 20) and H.B. 2885 (Chapter 391), Acts of the 72nd
   2-23  Legislature, Regular Session, 1991, and effective on the date
   2-24  county education districts were created is effective for that
   2-25  school district as if county education districts had not been
    3-1  created and the school district does not need to hold another
    3-2  election on the residence homestead exemption.
    3-3        SECTION 4.  This proposed constitutional amendment shall be
    3-4  submitted to the voters at an election to be held May 1, 1993.  The
    3-5  ballot shall be printed to provide for voting for or against the
    3-6  proposition:  "The constitutional amendment authorizing the
    3-7  legislature to determine the adequacy of the public free schools,
    3-8  providing an equity standard for public school finance, prohibiting
    3-9  the redistribution of certain ad valorem taxes levied and collected
   3-10  by certain school districts, abolishing county education districts,
   3-11  and reviving certain residence homestead exemptions."