1-1 By: Mowery (Senate Sponsor - Ogden) H.J.R. No. 104
1-2 (In the Senate - Received from the House May 15, 1997;
1-3 May 16, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 12, Nays 0; May 18, 1997, sent to printer.)
1-6 HOUSE JOINT RESOLUTION
1-7 proposing a constitutional amendment relating to eliminating
1-8 duplicate numbering in and certain obsolete provisions of the Texas
1-9 Constitution.
1-10 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 48-e, Article III, Texas Constitution, as
1-12 proposed by H.J.R. No. 18, 70th Legislature, Regular Session, 1987,
1-13 is redesignated as Section 48-f to read as follows:
1-14 Sec. 48-f [48-e]. The legislature, by law, may provide for
1-15 the creation, operation, and financing of jail districts and may
1-16 authorize each district to issue bonds and other obligations and to
1-17 levy an ad valorem tax on property located in the district to pay
1-18 principal of and interest on the bonds and to pay for operation of
1-19 the district. An ad valorem tax may not be levied and bonds
1-20 secured by a property tax may not be issued until approved by the
1-21 qualified electors of the district voting at an election called and
1-22 held for that purpose.
1-23 SECTION 2. Section 52e, Article III, Texas Constitution, as
1-24 proposed by S.J.R. No. 37, 60th Legislature, Regular Session, 1967,
1-25 is redesignated as Section 52g and amended to read as follows:
1-26 Sec. 52g [52e]. Bonds to be issued by Dallas County under
1-27 Section 52 of Article III of this Constitution for the
1-28 construction, maintenance and operation of macadamized, graveled or
1-29 paved roads and turnpikes, or in aid thereof, may, without the
1-30 necessity of further or amendatory legislation, be issued upon a
1-31 vote of a majority of the residents [resident property taxpayers]
1-32 voting thereon who are qualified electors of said county, and bonds
1-33 heretofore or hereafter issued under Subsections (a) and (b) of
1-34 said Section 52 shall not be included in determining the debt limit
1-35 prescribed in said Section.
1-36 SECTION 3. Section 61, Article III, Texas Constitution, as
1-37 proposed by S.J.R. No. 5, 53rd Legislature, Regular Session, 1953,
1-38 is redesignated as Section 61-a to read as follows:
1-39 Sec. 61-a [61]. The Legislature shall not fix the salary of
1-40 the Governor, Attorney General, Comptroller of Public Accounts,
1-41 Commissioner of the General Land Office or Secretary of State at a
1-42 sum less than that fixed for such officials in the Constitution on
1-43 January 1, 1953.
1-44 SECTION 4. Section 1, Article VI, Texas Constitution, is
1-45 amended to read as follows:
1-46 Sec. 1. The following classes of persons shall not be
1-47 allowed to vote in this State, to wit:
1-48 First: Persons under 18 [twenty-one (21)] years of age.
1-49 Second: All persons who have been determined mentally
1-50 incompetent by a court, subject to such exceptions as the
1-51 Legislature may make. [Idiots and lunatics.]
1-52 Third: [All paupers supported by any county.]
1-53 [Fourth:] All persons convicted of any felony, subject to
1-54 such exceptions as the Legislature may make.
1-55 SECTION 5. Section 2, Article VI, Texas Constitution, is
1-56 amended to read as follows:
1-57 Sec. 2. Every person subject to none of the foregoing
1-58 disqualifications who shall have attained the age of 18 [twenty-one
1-59 (21)] years and who shall be a citizen of the United States and who
1-60 is a resident of [shall have resided in] this State [one (1) year
1-61 next preceding an election and the last six (6) months within the
1-62 district or county in which such person offers to vote,] shall be
1-63 deemed a qualified elector; provided, however, that before
1-64 offering to vote at an election a voter shall have registered
2-1 [annually], but such requirement for registration shall not be
2-2 considered a qualification of an elector within the meaning of the
2-3 term "qualified elector" as used in any other Article of this
2-4 Constitution in respect to any matter except qualification and
2-5 eligibility to vote at an election. [Any legislation enacted in
2-6 anticipation of the adoption of this Amendment shall not be invalid
2-7 because of its anticipatory nature.] The Legislature may authorize
2-8 absentee voting. [And this provision of the Constitution shall be
2-9 self-enacting without the necessity of further legislation.]
2-10 SECTION 6. Section 3, Article VI, Texas Constitution, is
2-11 amended to read as follows:
2-12 Sec. 3. All qualified electors of the State, as herein
2-13 described, who reside [shall have resided for six months
2-14 immediately preceding an election,] within the limits of any city
2-15 or corporate town, shall have the right to vote for Mayor and all
2-16 other elective officers[; but in all elections to determine
2-17 expenditure of money or assumption of debt, only those shall be
2-18 qualified to vote who pay taxes on property in said city or
2-19 incorporated town; provided, that no poll tax for the payment of
2-20 debts thus incurred, shall be levied upon the persons debarred from
2-21 voting in relation thereto].
2-22 SECTION 7. Section 3, Article VII, Texas Constitution, is
2-23 amended to read as follows:
2-24 Sec. 3. One-fourth of the revenue derived from the State
2-25 occupation taxes [and poll tax of one dollar on every inhabitant of
2-26 the State, between the ages of twenty-one and sixty years,] shall
2-27 be set apart annually for the benefit of the public free schools;
2-28 and in addition thereto, [there shall be levied and collected an
2-29 annual ad valorem State tax of such an amount not to exceed
2-30 thirty-five cents on the one hundred ($100.00) dollars valuation,
2-31 as with the available school fund arising from all other sources,
2-32 will be sufficient to maintain and support the public schools of
2-33 this State for a period of not less than six months in each year,
2-34 and it shall be the duty of the State Board of Education to set
2-35 aside a sufficient amount out of the said tax to provide free text
2-36 books for the use of children attending the public free schools of
2-37 this State; provided, however, that should the limit of taxation
2-38 herein named be insufficient the deficit may be met by
2-39 appropriation from the general funds of the State and] the
2-40 Legislature may [also] provide for the formation of school district
2-41 by general laws; and all such school districts may embrace parts of
2-42 two or more counties, and the Legislature shall be authorized to
2-43 pass laws for the assessment and collection of taxes in all said
2-44 districts and for the management and control of the public school
2-45 or schools of such districts, whether such districts are composed
2-46 of territory wholly within a county or in parts of two or more
2-47 counties, and the Legislature may authorize an [additional] ad
2-48 valorem tax to be levied and collected within all school districts
2-49 heretofore formed or hereafter formed, for the [further]
2-50 maintenance of public free schools, and for the erection and
2-51 equipment of school buildings therein; provided that a majority of
2-52 the qualified [property taxpaying] voters of the district voting at
2-53 an election to be held for that purpose approve the [, shall vote
2-54 such] tax [not to exceed in any one year one ($1.00) dollar on the
2-55 one hundred dollars valuation of the property subject to taxation
2-56 in such district, but the limitation upon the amount of school
2-57 district tax herein authorized shall not apply to incorporated
2-58 cities or towns constituting separate and independent school
2-59 districts, nor to independent or common school districts created by
2-60 general or special law].
2-61 SECTION 8. Section 16, Article VII, Texas Constitution, as
2-62 proposed by H.J.R. No. 14, 40th Legislature, Regular Session, 1927,
2-63 is redesignated as Section 16-a to read as follows:
2-64 Sec. 16-a [16]. The Legislature shall fix by law the terms
2-65 of all offices of the public school system and of the State
2-66 institutions of higher education, inclusive, and the terms of
2-67 members of the respective boards, not to exceed six years.
2-68 SECTION 9. The following constitutional provisions are
2-69 repealed:
3-1 (1) the constitutional amendment proposed by S.J.R.
3-2 No. 5, 49th Legislature, Regular Session, 1945, relating to an
3-3 appropriation to John Tarleton Agricultural College;
3-4 (2) Section 49-g, Article III, Texas Constitution, as
3-5 proposed by H.J.R. No. 88, 70th Legislature, Regular Session, 1987;
3-6 and
3-7 (3) Section 44(h), Article XVI, Texas Constitution, as
3-8 proposed by H.J.R. No. 21, 73rd Legislature, Regular Session,
3-9 1993.
3-10 SECTION 10. This proposed constitutional amendment shall be
3-11 submitted to the voters at an election to be held November 4, 1997.
3-12 The ballot shall be printed to permit voting for or against the
3-13 proposition: "The constitutional amendment eliminating duplicate
3-14 numbering in and certain obsolete provisions of the Texas
3-15 Constitution."
3-16 * * * * *