By Mowery                                            H.J.R. No. 104

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment relating to eliminating

 1-2     duplicate numbering in and certain obsolete provisions of the Texas

 1-3     Constitution.

 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 48-e, Article III, Texas Constitution, as

 1-6     proposed by H.J.R. No. 18, 70th Legislature, Regular Session, 1987,

 1-7     is redesignated as Section 48-f to read as follows:

 1-8           Sec. 48-f [48-e].  The legislature, by law, may provide for

 1-9     the creation, operation, and financing of jail districts and may

1-10     authorize each district to issue bonds and other obligations and to

1-11     levy an ad valorem tax on property located in the district to pay

1-12     principal of and interest on the bonds and to pay for operation of

1-13     the district.  An ad valorem tax may not be levied and bonds

1-14     secured by a property tax may not be issued until approved by the

1-15     qualified electors of the district voting at an election called and

1-16     held for that purpose.

1-17           SECTION 2.  Section 52e, Article III, Texas Constitution, as

1-18     proposed by S.J.R. No. 37, 60th Legislature, Regular Session, 1967,

1-19     is redesignated as Section 52g and amended to read as follows:

1-20           Sec. 52g [52e].  Bonds to be issued by Dallas County under

1-21     Section 52 of Article III of this Constitution for the

1-22     construction, maintenance and operation of macadamized, graveled or

1-23     paved roads and turnpikes, or in aid thereof, may, without the

 2-1     necessity of further or amendatory legislation, be issued upon a

 2-2     vote of a majority of the residents [resident property taxpayers]

 2-3     voting thereon who are qualified electors of said county, and bonds

 2-4     heretofore or hereafter issued under Subsections (a)  and (b) of

 2-5     said Section 52 shall not be included in determining the debt limit

 2-6     prescribed in said Section.

 2-7           SECTION 3.  Section 61, Article III, Texas Constitution, as

 2-8     proposed by S.J.R. No. 5, 53rd Legislature, Regular Session, 1953,

 2-9     is redesignated as Section 61-a to read as follows:

2-10           Sec. 61-a [61].  The Legislature shall not fix the salary of

2-11     the Governor, Attorney General, Comptroller of Public Accounts,

2-12     Commissioner of the General Land Office or Secretary of State at a

2-13     sum less than that fixed for such officials in the Constitution on

2-14     January 1, 1953.

2-15           SECTION 4.  Section 1, Article VI, Texas Constitution, is

2-16     amended to read as follows:

2-17           Sec. 1.  The following classes of persons shall not be

2-18     allowed to vote in this State, to wit:

2-19           First:  Persons under 18 [twenty-one (21)] years of age.

2-20           Second:  All persons who have been determined mentally

2-21     incompetent by a court, subject to such exceptions as the

2-22     Legislature may make.  [Idiots and lunatics.]

2-23           Third:  [All paupers supported by any county.]

2-24           [Fourth:]  All persons convicted of any felony, subject to

2-25     such exceptions as the Legislature may make.

 3-1           SECTION 5.  Section 2, Article VI, Texas Constitution, is

 3-2     amended to read as follows:

 3-3           Sec. 2.  Every person subject to none of the foregoing

 3-4     disqualifications who shall have attained the age of 18 [twenty-one

 3-5     (21)] years and who shall be a citizen of the United States and who

 3-6     is a resident of [shall have resided in] this State [one (1) year

 3-7     next preceding an election and the last six (6) months within the

 3-8     district or county in which such person offers to vote,] shall be

 3-9     deemed a qualified elector;  provided, however, that before

3-10     offering to vote at an election a voter shall have registered

3-11     [annually], but such requirement for registration shall not be

3-12     considered a qualification of an elector within the meaning of the

3-13     term "qualified elector" as used in any other Article of this

3-14     Constitution in respect to any matter except qualification and

3-15     eligibility to vote at an election.  [Any legislation enacted in

3-16     anticipation of the adoption of this Amendment shall not be invalid

3-17     because of its anticipatory nature.]  The Legislature may authorize

3-18     absentee voting.  [And this provision of the Constitution shall be

3-19     self-enacting without the necessity of further legislation.]

3-20           SECTION 6.  Section 3, Article VI, Texas Constitution, is

3-21     amended to read as follows:

3-22           Sec. 3.  All qualified electors of the State, as herein

3-23     described, who reside [shall have resided for six months

3-24     immediately preceding an election,] within the limits of any city

3-25     or corporate town, shall have the right to vote for Mayor and all

 4-1     other elective officers[;  but in all elections to determine

 4-2     expenditure of money or assumption of debt, only those shall be

 4-3     qualified to vote who pay taxes on property in said city or

 4-4     incorporated town;  provided, that no poll tax for the payment of

 4-5     debts thus incurred, shall be levied upon the persons debarred from

 4-6     voting in relation thereto].

 4-7           SECTION 7.  Section 3, Article VII, Texas Constitution, is

 4-8     amended to read as follows:

 4-9           Sec. 3.   One-fourth of the revenue derived from the State

4-10     occupation taxes [and poll tax of one dollar on every inhabitant of

4-11     the State, between the ages of twenty-one and sixty years,] shall

4-12     be set apart annually for the benefit of the public free schools;

4-13     and in addition thereto, [there shall be levied and collected an

4-14     annual ad valorem State tax of such an amount not to exceed

4-15     thirty-five cents on the one hundred ($100.00) dollars valuation,

4-16     as with the available school fund arising from all other sources,

4-17     will be sufficient to maintain and support the public schools of

4-18     this State for a period of not less than six months in each year,

4-19     and it shall be the duty of the State Board of Education to set

4-20     aside a sufficient amount out of the said tax to provide free text

4-21     books for the use of children attending the public free schools of

4-22     this State;  provided, however, that should the limit of taxation

4-23     herein named be insufficient the deficit may be met by

4-24     appropriation from the general funds of the State and] the

4-25     Legislature may [also] provide for the formation of school district

 5-1     by general laws; and all such school districts may embrace parts of

 5-2     two or more counties, and the Legislature shall be authorized to

 5-3     pass laws for the assessment and collection of taxes in all said

 5-4     districts and for the management and control of the public school

 5-5     or schools of such districts, whether such districts are composed

 5-6     of territory wholly within a county or in parts of two or more

 5-7     counties, and the Legislature may authorize an [additional] ad

 5-8     valorem tax to be levied and collected within all school districts

 5-9     heretofore formed or hereafter formed, for the [further]

5-10     maintenance of public free schools, and for the erection and

5-11     equipment of school buildings therein;  provided that a majority of

5-12     the qualified [property taxpaying] voters of the district voting at

5-13     an election to be held for that purpose approve the [, shall vote

5-14     such] tax [not to exceed in any one year one ($1.00) dollar on the

5-15     one hundred dollars valuation of the property subject to taxation

5-16     in such district, but the limitation upon the amount of school

5-17     district tax herein authorized shall not apply to incorporated

5-18     cities or towns constituting separate and independent school

5-19     districts, nor to independent or common school districts created by

5-20     general or special law].

5-21           SECTION 8.  Section 16, Article VII, Texas Constitution, as

5-22     proposed by H.J.R. No. 14, 40th Legislature, Regular Session, 1927,

5-23     is redesignated as Section 16-a to read as follows:

5-24           Sec. 16-a [16].   The Legislature shall fix by law the terms

5-25     of all offices of the public school system and of the State

 6-1     institutions of higher education, inclusive, and the terms of

 6-2     members of the respective boards, not to exceed six years.

 6-3           SECTION 9.  The following constitutional provisions are

 6-4     repealed:

 6-5                 (1)  the constitutional amendment proposed by S.J.R.

 6-6     No.  5, 49th Legislature, Regular Session, 1945, relating to an

 6-7     appropriation to John Tarleton Agricultural College;

 6-8                 (2)  Section 49-g, Article III, Texas Constitution, as

 6-9     proposed by H.J.R. No. 88, 70th Legislature, Regular Session, 1987;

6-10     and

6-11                 (3)  Section 44(h), Article XVI, Texas Constitution, as

6-12     proposed by H.J.R.  No. 21, 73rd Legislature, Regular Session,

6-13     1993.

6-14           SECTION 10.  This proposed constitutional amendment shall be

6-15     submitted to the voters at an election to be held November 4, 1997.

6-16     The ballot shall be printed to permit voting for or against the

6-17     proposition:  "The constitutional amendment eliminating duplicate

6-18     numbering in and certain obsolete provisions of the Texas

6-19     Constitution."