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."