By Allen H.J.R. No. 57
74R3922 ESH-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to public school
1-2 finance.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article VII, Texas Constitution, is amended by
1-5 adding Section 1a to read as follows:
1-6 Sec. 1a. (a) The Education Equalization Excellence Fund
1-7 Budget Committee is established. The committee is composed of the
1-8 governor, the lieutenant governor, the attorney general, the
1-9 comptroller of public accounts, and the chairman of the State Board
1-10 of Education.
1-11 (b) The education equalization excellence fund is created in
1-12 the state treasury. Not later than July 1 of each even-numbered
1-13 year, the budget committee shall determine and certify to the
1-14 comptroller of public accounts the amount of money to be placed in
1-15 the education equalization excellence fund for the succeeding
1-16 biennium to finance an efficient system of public free schools.
1-17 The comptroller shall deposit that amount into the fund from
1-18 revenue sources as provided by the legislature by general law.
1-19 (c) In determining the amount necessary to finance an
1-20 efficient system of public free schools, the budget committee shall
1-21 consider:
1-22 (1) salaries and other benefits for teachers and other
1-23 academic personnel required by law;
1-24 (2) projected changes in average daily attendance;
2-1 (3) special needs that state or federal law requires
2-2 school districts address and whose costs are not funded in funding
2-3 the basic educational program of a school district; and
2-4 (4) any other factors the legislature by general law
2-5 requires.
2-6 (d) Unless set at a lower amount as provided by Subsection
2-7 (e) of this section, the amount determined to be placed in the
2-8 education equalization excellence fund under Subsection (b) of this
2-9 section is the minimum amount the legislature may appropriate to
2-10 finance an efficient system of public free schools.
2-11 (e) The legislature, by a favorable vote of four-fifths of
2-12 the membership of each house, may determine that a lesser amount
2-13 than that recommended by the budget committee is sufficient to
2-14 finance an efficient system of public free schools.
2-15 (f) For a system of public free schools to be considered
2-16 efficient under Section 1 of this article:
2-17 (1) not more than 50 percent of all funds used to
2-18 finance the system of public free schools, including the state's
2-19 contribution to the Teacher Retirement System of Texas, may be
2-20 derived from local property taxes;
2-21 (2) a school district may not be required to levy an
2-22 ad valorem tax for maintenance and operation in excess of a rate
2-23 that results in the application of the rate of $1.25 per $100
2-24 valuation to the district's taxable property as determined by
2-25 general law;
2-26 (3) the state must guarantee that each district
2-27 receives an amount based on its average daily attendance that,
3-1 after considering local tax effort and the distribution of the
3-2 available school fund, is equal to the district's pro rata share of
3-3 the amount determined by the budget committee under Subsection (b)
3-4 of this section or by the legislature under Subsection (e) of this
3-5 section;
3-6 (4) a school district that receives money from the
3-7 education equalization excellence fund must be permitted to enrich
3-8 its program by levying an ad valorem tax for maintenance and
3-9 operation at a rate that results in the application of a rate that
3-10 is more than $1.25 but not more than $1.50 per $100 valuation of
3-11 taxable property; and
3-12 (5) a school district may not receive less in state
3-13 funds per student in average daily attendance than the amount the
3-14 district received for the 1994-1995 school year.
3-15 (g) The excellence in education trust fund is created in the
3-16 state treasury. The fund consists of money the legislature
3-17 deposits to the credit of the fund and any other gifts accepted
3-18 into the fund from any other source.
3-19 (h) Interest from investment of the fund and 50 percent or
3-20 less of the other income of the fund, as provided by general law,
3-21 adjusted to reflect changes in the cost of living as determined by
3-22 the United States Department of Labor or other department of the
3-23 federal government specified by general law, remain in the fund.
3-24 The fund may be used for any purpose for which the education
3-25 equalization excellence fund may be used.
3-26 (i) The legislature shall provide by general law for the
3-27 management of the excellence in education trust fund.
4-1 (j) A system of public free schools financed as provided by
4-2 this section is efficient for purposes of Section 1 of this
4-3 article.
4-4 SECTION 2. This proposed constitutional amendment shall be
4-5 submitted to the voters at an election to be held on November
4-6 7, 1995. The ballot shall be printed to provide for voting for or
4-7 against the proposition: "The constitutional amendment to provide
4-8 for the support and maintenance of an efficient system of public
4-9 free schools."