By Lucio S.J.R. No. 33
76R9240 KKA-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for the
1-2 establishment of a public education facilities assistance fund.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article VII, Texas Constitution, is amended by
1-5 adding Section 3a to read as follows:
1-6 Sec. 3a. (a) The public education facilities assistance
1-7 fund is created as a permanent fund outside the treasury with the
1-8 comptroller. The fund shall be administered as provided by law and
1-9 is dedicated to generating income to provide for financial
1-10 assistance to school districts in acquiring land, whether improved
1-11 or unimproved, constructing or equipping school buildings or other
1-12 permanent improvements to land, and acquiring capital equipment for
1-13 school buildings or other permanent improvements to land. The fund
1-14 consists of money deposited to the credit of the fund in accordance
1-15 with law.
1-16 (b) The legislature by law shall provide for distribution of
1-17 income derived from the principal of the fund, including interest
1-18 and dividend income, less administrative expenses not to exceed
1-19 amounts set by law or appropriation, to school districts for the
1-20 purposes stated in this section. The law may provide for
1-21 distribution without appropriation. The legislature may not
1-22 distribute the principal of the fund, except the legislature may
1-23 distribute all or part of capital gains as income.
1-24 (c) For 10 consecutive fiscal years, beginning September 1,
2-1 2001, out of the first money coming into the treasury not otherwise
2-2 appropriated by the Texas Constitution, an amount equal to
2-3 one-quarter of one percent of the total amount of anticipated state
2-4 general revenue for the applicable fiscal year, as determined by
2-5 the comptroller in accordance with Section 49a, Article III, Texas
2-6 Constitution, is transferred to the fund. Notwithstanding
2-7 Subsection (b), in each fiscal year subject to this subsection an
2-8 amount of fund principal not to exceed one-half of the amount
2-9 transferred to the fund under this subsection for that year may be
2-10 used to provide financial assistance to school districts for the
2-11 purposes stated in this section. Any amount of fund principal
2-12 authorized under this subsection to be used in a fiscal year that
2-13 is not used in that year may be carried over for use in a
2-14 subsequent fiscal year. This subsection expires September 1, 2011.
2-15 SECTION 2. This proposed constitutional amendment shall be
2-16 submitted to the voters at an election to be held November 2, 1999.
2-17 The ballot shall be printed to permit voting for or against the
2-18 proposition: "The constitutional amendment creating a fund to
2-19 provide for financial assistance to school districts for the
2-20 acquisition of land, the construction or equipping of school
2-21 buildings, and the acquisition of capital equipment."