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."