By Junell H.J.R. No. 103
75R1578 KKA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to transferring
1-2 county school lands and related property to school districts.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The following temporary provision is added to the
1-5 Texas Constitution:
1-6 TEMPORARY PROVISION. (a) This temporary provision provides
1-7 for implementation of the transfer of county school lands and
1-8 related property to school districts in connection with the repeal
1-9 of Sections 6 and 6b, Article VII, Texas Constitution.
1-10 (b) Not later than January 1, 1999, the commissioners court
1-11 of each county shall transfer any county school land or other
1-12 property, including proceeds from the sale of land, interest or
1-13 other revenue, bonds, and other securities, owned by the county
1-14 under Section 6, Article VII, Texas Constitution, to the common and
1-15 independent school districts of the county for the benefit of the
1-16 public schools. The land and other property transferred shall be
1-17 apportioned on the basis of the scholastic population of each
1-18 district residing in the county. In this subsection, "scholastic
1-19 population" means all students enrolled on September 15 of the
1-20 preceding school year in a school district's elementary and
1-21 secondary grades.
1-22 (c) If a county is required to apportion land between two or
1-23 more school districts, the county shall obtain a current appraisal
1-24 of the land to be used in making the apportionment. The county may
2-1 pay the costs of the appraisal with money or other property owned
2-2 by the county under Section 6, Article VII, Texas Constitution.
2-3 The commissioners court, after obtaining the appraisal and
2-4 consulting each affected school district, shall determine the
2-5 method of apportionment and transfer that maximizes the value of
2-6 the land.
2-7 (d) Notwithstanding the repeal of Sections 6 and 6b, Article
2-8 VII, Texas Constitution, a county's ownership and use of county
2-9 school lands and related property, unless otherwise provided by
2-10 this temporary provision, is governed by those sections until the
2-11 county transfers land and property under this temporary provision,
2-12 and those sections are continued in effect for that purpose.
2-13 (e) The legislature recognizes that any vested right arising
2-14 from Section 6, Article VII, Texas Constitution, possessed by a
2-15 descendant of a settler is not divested as a result of the repeal
2-16 of that section.
2-17 (f) This temporary provision does not affect financial aid
2-18 to any school district by the state.
2-19 (g) This temporary provision expires January 2, 1999.
2-20 SECTION 2. Section 6a, Article VII, Texas Constitution, is
2-21 amended to read as follows:
2-22 Sec. 6a. All former county school land owned by a school
2-23 district as a result of the transfer of the land from a county to a
2-24 district in connection with the repeal of Section 6, Article VII,
2-25 of this constitution [agricultural or grazing school land mentioned
2-26 in Section 6 of this article owned by any county] shall, while used
2-27 for agricultural purposes or grazing, be subject to taxation
3-1 [except for State purposes] to the same extent as lands privately
3-2 owned.
3-3 SECTION 3. Sections 6 and 6b, Article VII, Texas
3-4 Constitution, are repealed.
3-5 SECTION 4. This proposed constitutional amendment shall be
3-6 submitted to the voters at an election to be held November 4, 1997.
3-7 The ballot shall be printed to permit voting for or against the
3-8 proposition: "The constitutional amendment transferring county
3-9 school lands and other property to school districts and removing
3-10 restrictions on access to that land and property."