By Mowery H.J.R. No. 104
75R5592 KEL-D
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
1-24 necessity of further or amendatory legislation, be issued upon a
2-1 vote of a majority of the residents [resident property taxpayers]
2-2 voting thereon who are qualified electors of said county, and bonds
2-3 heretofore or hereafter issued under Subsections (a) and (b) of
2-4 said Section 52 shall not be included in determining the debt limit
2-5 prescribed in said Section.
2-6 SECTION 3. Section 61, Article III, Texas Constitution, as
2-7 proposed by S.J.R. No. 5, 53rd Legislature, Regular Session, 1953,
2-8 is redesignated as Section 61-a to read as follows:
2-9 Sec. 61-a [61]. The Legislature shall not fix the salary of
2-10 the Governor, Attorney General, Comptroller of Public Accounts,
2-11 Commissioner of the General Land Office or Secretary of State at a
2-12 sum less than that fixed for such officials in the Constitution on
2-13 January 1, 1953.
2-14 SECTION 4. Section 1, Article VI, Texas Constitution, is
2-15 amended to read as follows:
2-16 Sec. 1. The following classes of persons shall not be
2-17 allowed to vote in this State, to wit:
2-18 First: Persons under 18 [twenty-one (21)] years of age.
2-19 Second: All persons who have been determined mentally
2-20 incompetent by a court, subject to such exceptions as the
2-21 Legislature may make. [Idiots and lunatics.]
2-22 Third: [All paupers supported by any county.]
2-23 [Fourth:] All persons convicted of any felony, subject to
2-24 such exceptions as the Legislature may make.
2-25 SECTION 5. Section 2, Article VI, Texas Constitution, is
2-26 amended to read as follows:
2-27 Sec. 2. Every person subject to none of the foregoing
3-1 disqualifications who shall have attained the age of 18 [twenty-one
3-2 (21)] years and who shall be a citizen of the United States and who
3-3 is a resident of [shall have resided in] this State [one (1) year
3-4 next preceding an election and the last six (6) months within the
3-5 district or county in which such person offers to vote,] shall be
3-6 deemed a qualified elector; provided, however, that before
3-7 offering to vote at an election a voter shall have registered
3-8 [annually], but such requirement for registration shall not be
3-9 considered a qualification of an elector within the meaning of the
3-10 term "qualified elector" as used in any other Article of this
3-11 Constitution in respect to any matter except qualification and
3-12 eligibility to vote at an election. [Any legislation enacted in
3-13 anticipation of the adoption of this Amendment shall not be invalid
3-14 because of its anticipatory nature.] The Legislature may authorize
3-15 absentee voting. [And this provision of the Constitution shall be
3-16 self-enacting without the necessity of further legislation.]
3-17 SECTION 6. Section 3, Article VI, Texas Constitution, is
3-18 amended to read as follows:
3-19 Sec. 3. All qualified electors of the State, as herein
3-20 described, who reside [shall have resided for six months
3-21 immediately preceding an election,] within the limits of any city
3-22 or corporate town, shall have the right to vote for Mayor and all
3-23 other elective officers[; but in all elections to determine
3-24 expenditure of money or assumption of debt, only those shall be
3-25 qualified to vote who pay taxes on property in said city or
3-26 incorporated town; provided, that no poll tax for the payment of
3-27 debts thus incurred, shall be levied upon the persons debarred from
4-1 voting in relation thereto].
4-2 SECTION 7. Section 3, Article VII, Texas Constitution, is
4-3 amended to read as follows:
4-4 Sec. 3. The [One-fourth of the revenue derived from the
4-5 State occupation taxes and poll tax of one dollar on every
4-6 inhabitant of the State, between the ages of twenty-one and sixty
4-7 years, shall be set apart annually for the benefit of the public
4-8 free schools; and in addition thereto, there shall be levied and
4-9 collected an annual ad valorem State tax of such an amount not to
4-10 exceed thirty-five cents on the one hundred ($100.00) dollars
4-11 valuation, as with the available school fund arising from all other
4-12 sources, will be sufficient to maintain and support the public
4-13 schools of this State for a period of not less than six months in
4-14 each year, and it shall be the duty of the State Board of Education
4-15 to set aside a sufficient amount out of the said tax to provide
4-16 free text books for the use of children attending the public free
4-17 schools of this State; provided, however, that should the limit of
4-18 taxation herein named be insufficient the deficit may be met by
4-19 appropriation from the general funds of the State and the]
4-20 Legislature may [also] provide for the formation of school district
4-21 by general laws; and all such school districts may embrace parts of
4-22 two or more counties, and the Legislature shall be authorized to
4-23 pass laws for the assessment and collection of taxes in all said
4-24 districts and for the management and control of the public school
4-25 or schools of such districts, whether such districts are composed
4-26 of territory wholly within a county or in parts of two or more
4-27 counties, and the Legislature may authorize an [additional] ad
5-1 valorem tax to be levied and collected within all school districts
5-2 heretofore formed or hereafter formed, for the [further]
5-3 maintenance of public free schools, and for the erection and
5-4 equipment of school buildings therein; provided that a majority of
5-5 the qualified [property taxpaying] voters of the district voting at
5-6 an election to be held for that purpose approve the [, shall vote
5-7 such] tax [not to exceed in any one year one ($1.00) dollar on the
5-8 one hundred dollars valuation of the property subject to taxation
5-9 in such district, but the limitation upon the amount of school
5-10 district tax herein authorized shall not apply to incorporated
5-11 cities or towns constituting separate and independent school
5-12 districts, nor to independent or common school districts created by
5-13 general or special law].
5-14 SECTION 8. Section 16, Article VII, Texas Constitution, as
5-15 proposed by H.J.R. No. 14, 40th Legislature, Regular Session, 1927,
5-16 is redesignated as Section 16-a to read as follows:
5-17 Sec. 16-a [16]. The Legislature shall fix by law the terms
5-18 of all offices of the public school system and of the State
5-19 institutions of higher education, inclusive, and the terms of
5-20 members of the respective boards, not to exceed six years.
5-21 SECTION 9. The following constitutional provisions are
5-22 repealed:
5-23 (1) the constitutional amendment proposed by S.J.R.
5-24 No. 5, 49th Legislature, Regular Session, 1945, relating to an
5-25 appropriation to John Tarleton Agricultural College;
5-26 (2) Section 49-g, Article III, Texas Constitution, as
5-27 proposed by H.J.R. No. 88, 70th Legislature, Regular Session, 1987;
6-1 and
6-2 (3) Section 44(h), Article XVI, Texas Constitution, as
6-3 proposed by H.J.R. No. 21, 73rd Legislature, Regular Session,
6-4 1993.
6-5 SECTION 10. This proposed constitutional amendment shall be
6-6 submitted to the voters at an election to be held November 4, 1997.
6-7 The ballot shall be printed to permit voting for or against the
6-8 proposition: "The constitutional amendment eliminating duplicate
6-9 numbering in and certain obsolete provisions of the Texas
6-10 Constitution."