1-1     By:  Craddick, Junell                                  H.J.R. No. 4

 1-2          (Senate Sponsor - Armbrister, Bivins)

 1-3           (In the Senate - Received from the House April 24, 1997;

 1-4     April 24, 1997, read first time and referred to Select Committee on

 1-5     Tax Reform and Public School Finance; May 8, 1997, reported

 1-6     adversely, with favorable Committee Substitute by the following

 1-7     vote:  Yeas 10, Nays 1; May 8, 1997, sent to printer.)

 1-8     COMMITTEE SUBSTITUTE FOR H.J.R. No. 4       By:  Armbrister, Bivins

 1-9                           HOUSE JOINT RESOLUTION

1-10     proposing a constitutional amendment providing for certain priority

1-11     and minimum funding for public schools, dedicating certain lottery

1-12     proceeds to public education, authorizing certain taxes on

1-13     entities, authorizing the creation of a commission to study

1-14     efficiency in state government, and providing for transfer or

1-15     further reduction of a limitation of school tax on homesteads of

1-16     the elderly.

1-17           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-18           SECTION 1.  Article III, Texas Constitution, is amended by

1-19     adding Section 31a to read as follows:

1-20           Sec. 31a.  (a)  The legislature by general law may create a

1-21     Texas Grace Commission to study state agencies, institutions, and

1-22     programs in the executive department of state government and

1-23     recommend that certain of those agencies, institutions, or programs

1-24     be abolished or reduced to a specified size or otherwise modified

1-25     to make them more cost effective.

1-26           (b)  Notwithstanding Sections 1, 11, and 31 of this article,

1-27     the legislature must accept or reject, but may not amend, each

1-28     substantive recommendation presented to the legislature by the

1-29     commission.

1-30           (c)  This section expires on September 1, 1999.

1-31           SECTION 2.  Section 47, Article III, Texas Constitution, is

1-32     amended by adding Subsection (f) to read as follows:

1-33           (f)  Money received by the State from the operation of

1-34     lotteries, less amounts paid for lottery prizes and administrative

1-35     costs, may be spent only as provided by general law for public

1-36     education.

1-37           SECTION 3.  Section 1, Article VII, Texas Constitution, is

1-38     amended to read as follows:

1-39           Sec. 1.  (a)  A general diffusion of knowledge being

1-40     essential to the preservation of the liberties and rights of the

1-41     people, it shall be the duty of the Legislature of the State to

1-42     establish and make suitable provision for the support and

1-43     maintenance of an efficient system of public free schools.

1-44           (b)  The financial support of elementary and secondary public

1-45     school education shall be the first priority among State spending

1-46     and appropriations, subject only to the dedication of revenue

1-47     otherwise provided by this Constitution and to the payment of

1-48     lawfully incurred State debt.

1-49           (c)  The Legislature may not appropriate, for any biennium,

1-50     an amount of State funds for the maintenance and operation of

1-51     public schools and for the erection and equipment of public school

1-52     buildings that is less than the amount appropriated for those

1-53     purposes in the prior biennium, adjusted for student population

1-54     growth and inflation in the cost of educational goods and services.

1-55           SECTION 4.  Section 1, Article VIII, Texas Constitution, is

1-56     amended by amending Subsection (c) and adding Subsection (c-1) to

1-57     read as follows:

1-58           (c)  The Legislature may provide for the taxation of

1-59     intangible property and may also impose occupation taxes, both upon

1-60     natural persons and upon corporations, other than municipal, doing

1-61     any business in this State. Subject to the restrictions of Section

1-62     24 of this article, it may also tax incomes of both natural persons

1-63     and corporations other than municipal.  It may also impose

1-64     privilege or franchise taxes measured by the income or taxable

 2-1     capital of a corporation, partnership, or other business entity

 2-2     other than a sole proprietorship. A sole proprietorship [Persons]

 2-3     engaged in mechanical or [and] agricultural pursuits shall never be

 2-4     required to pay an occupation tax.

 2-5           (c-1)  The use of income earned or receipts after December

 2-6     31, 1996, to measure or apportion to this State a privilege or

 2-7     franchise tax authorized by Subsection (c) of this section is not

 2-8     prohibited.  This subsection expires January 1, 2000.

 2-9           SECTION 5.  Section 1-b(d), Article VIII, Texas Constitution,

2-10     is amended to read as follows:

2-11           (d)  Except as otherwise provided by this subsection, if a

2-12     person receives the residence homestead exemption prescribed by

2-13     Subsection (c) of this section for homesteads of persons sixty-five

2-14     (65) years of age or older, the total amount of ad valorem taxes

2-15     imposed on that homestead for general elementary and secondary

2-16     public school purposes may not be increased while it remains the

2-17     residence homestead of that person or that person's spouse who

2-18     receives the exemption.  If a person sixty-five (65) years of age

2-19     or older dies in a year in which the person received the exemption,

2-20     the total amount of ad valorem taxes imposed on the homestead for

2-21     general elementary and secondary public school purposes may not be

2-22     increased while it remains the residence homestead of that person's

2-23     surviving spouse if the spouse is fifty-five (55) years of age or

2-24     older at the time of the person's death, subject to any exceptions

2-25     provided by general law.  The legislature, by general law, may

2-26     provide for the transfer of all or a proportionate amount of a

2-27     limitation provided by this subsection for a person who qualifies

2-28     for the limitation and subsequently establishes a different

2-29     residence homestead.  However, taxes otherwise limited by this

2-30     subsection may be increased to the extent the value of the

2-31     homestead is increased by improvements other than repairs or

2-32     improvements made to comply with governmental requirements and

2-33     except as may be consistent with the transfer of a limitation

2-34     under this subsection.  If the total amount of a school district's

2-35     taxes imposed in the 1997 tax year for elementary and secondary

2-36     public school purposes on a residence homestead subject to a

2-37     limitation provided by this subsection is less than the total

2-38     amount of the school district's taxes on that residence homestead

2-39     for those purposes in the first year that the residence homestead

2-40     qualified for the limitation, in a subsequent tax year the total

2-41     amount of taxes the school district may impose on the residence

2-42     homestead for elementary and secondary public school purposes while

2-43     it remains the residence homestead of a person entitled to the

2-44     limitation may not exceed the amount of the 1997 school district

2-45     taxes, except as otherwise provided by this subsection.

2-46           SECTION 6.  Section 24, Article VIII, Texas Constitution, is

2-47     amended by adding Subsection (k) to read as follows:

2-48           (k)  This section does not apply to a privilege or franchise

2-49     tax measured by the income of a corporation, partnership, or other

2-50     business entity, other than a sole proprietorship.

2-51           SECTION 7.  This proposed constitutional amendment shall be

2-52     submitted to the voters at an election to be held August 9, 1997.

2-53     The ballot shall be printed to permit voting for or against the

2-54     proposition:  "The constitutional amendment to dedicate lottery

2-55     revenue for public education, authorize a privilege or franchise

2-56     tax on the income and capital of business organizations other than

2-57     sole proprietorships, provide for the transfer to a different

2-58     homestead of the school property tax freeze on homesteads of the

2-59     elderly and the adjustment of the tax freeze for certain

2-60     homesteads, provide for the creation of a commission to study and

2-61     make recommendations on efficiency in state government, and

2-62     establish public schools as the first priority in state spending

2-63     and preserve the level of state funding of public schools."

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