By:  Nelson                                            S.J.R. No. 6
       73R3413 RJA-F
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment relating to the powers of the
    1-2  district courts.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article V of the Texas Constitution is amended by
    1-5  adding Section 8a to read as follows:
    1-6        Sec. 8a.  Notwithstanding Section 8 of this article, a
    1-7  district court does not have the power or authority to order or
    1-8  decree that the system of public free schools be closed or
    1-9  prohibited from operating.  A district court does not have the
   1-10  power or authority to order or decree that funds the legislature
   1-11  has appropriated for the purpose of funding a system of public free
   1-12  schools be diverted or withheld from their dedicated use.  A
   1-13  district court does not have the power or authority to confiscate
   1-14  or to prohibit the distribution of funds in the state treasury
   1-15  appropriated for the purpose of funding a system of public free
   1-16  schools.  A district court does not have the power or authority to
   1-17  prohibit, by order or decree, a legal subdivision of the state,
   1-18  including a school district, from making expenditures of funds and
   1-19  revenues obtained in accordance with this constitution and the laws
   1-20  of the state for the purpose of funding public elementary and
   1-21  secondary education or funding any locally funded share of the
   1-22  system of public free schools.  The legislature has the power to
   1-23  enforce and interpret this section by appropriate act.
   1-24        SECTION 2.  This proposed constitutional amendment shall be
    2-1  submitted to the voters at an election to be held May 1, 1993.  The
    2-2  ballot shall be printed to provide for voting for or against the
    2-3  proposition:  "The constitutional amendment to prohibit the
    2-4  district courts from ordering the closure of the system of public
    2-5  free schools."