By Duncan                                             S.J.R. No. 17
         77R2248 ESH-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment relating to making
 1-2     distributions from the permanent school fund to the available
 1-3     school fund and creating the education excellence supplemental
 1-4     fund.
 1-5           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 5, Article VII, Texas Constitution, is
 1-7     amended to read as follows:
 1-8           Sec. 5. (a)  The principal of all bonds and other funds, and
 1-9     the principal arising from the sale of the lands hereinbefore set
1-10     apart to said school fund, shall be the permanent school fund, and
1-11     the available school fund shall consist of the distributions made
1-12     to it from the total return on all investment assets of the
1-13     permanent school fund [all the interest derivable therefrom] and
1-14     the taxes herein authorized and levied [shall be the available
1-15     school fund].  The education excellence supplemental fund shall
1-16     consist of the distributions made to it from the total return on
1-17     all investment assets of the permanent school fund.  The total
1-18     amount distributed from the permanent school fund to the available
1-19     school fund and the education excellence supplemental fund in each
1-20     fiscal year must be an amount equal to:
1-21                 (1)  at least three percent but not more than six
1-22     percent of the market value of the permanent school fund on the
1-23     first day of that fiscal year, in accordance with the rate adopted
1-24     by a vote of two-thirds of the total membership of the State Board
 2-1     of Education; or
 2-2                 (2)  five percent of the market value of the permanent
 2-3     school fund on the first day of that fiscal year, if the State
 2-4     Board of Education does not adopt a rate under Subdivision (1) of
 2-5     this subsection.
 2-6           (b)  The available school fund shall be applied annually to
 2-7     the support of the public free schools.  Except as provided by this
 2-8     section, no law shall ever be enacted appropriating any part of the
 2-9     permanent or available school fund to any other purpose whatever;
2-10     nor shall the same, or any part thereof ever be appropriated to or
2-11     used for the support of any sectarian school.  The[; and the]
2-12     available school fund [herein provided] shall be distributed to the
2-13     several school districts [counties] according to their scholastic
2-14     population and applied in such manner as may be provided by law.
2-15     If the total amount to be distributed from the permanent to the
2-16     available school fund and the education excellence supplemental
2-17     fund under Subsection (a)  of this section for a fiscal year,
2-18     together with all taxes or other amounts dedicated to the available
2-19     school fund for that fiscal year, is sufficient, the distribution
2-20     from the available school fund to a school district for that fiscal
2-21     year must equal the distribution from the available school fund
2-22     that the school district received for the state fiscal year
2-23     beginning September 1, 2001, adjusted as provided by general law
2-24     for inflation and changes in the district's scholastic population.
2-25     If the total amount to be distributed under Subsection (a) of this
2-26     section for a fiscal year, together with taxes or other amounts
2-27     dedicated to the available school fund for that fiscal year, is not
 3-1     sufficient to make distributions to school districts as required by
 3-2     this subsection, the total amount distributed under Subsection (a)
 3-3     of this section for that fiscal year must be distributed to the
 3-4     available school fund for distribution to the several school
 3-5     districts according to their scholastic population.
 3-6           (c)  The education excellence supplemental fund consists of
 3-7     the difference between the total amount distributed from the
 3-8     permanent school fund under Subsection (a) of this section, less
 3-9     the amount required, after including all taxes or other amounts
3-10     dedicated to the available school fund, to permit making the
3-11     distributions from the available school fund required under
3-12     Subsection (b) of this section.  The education excellence
3-13     supplemental fund may be used only as directed by the legislature
3-14     and only for a purpose related to improving public education,
3-15     including the provision of a group health insurance program for
3-16     active or retired employees of the public schools.
3-17           (d) [(b)]  The legislature by law may provide for using the
3-18     permanent school fund [and the income from the permanent school
3-19     fund] to guarantee bonds issued by school districts or by the state
3-20     for the purpose of making loans to or purchasing the bonds of
3-21     school districts for the purpose of acquisition, construction, or
3-22     improvement of instructional facilities including all furnishings
3-23     thereto.  If any payment is required to be made by the permanent
3-24     school fund as a result of its guarantee of bonds issued by the
3-25     state, an amount equal to this payment shall be immediately paid by
3-26     the state from the treasury to the permanent school fund.  An
3-27     amount owed by the state to the permanent school fund under this
 4-1     section shall be a general obligation of the state until paid.  The
 4-2     amount of bonds authorized hereunder shall not exceed $750 million
 4-3     or a higher amount authorized by a two-thirds record vote of both
 4-4     houses of the legislature.  If the proceeds of bonds issued by the
 4-5     state are used to provide a loan to a school district and the
 4-6     district becomes delinquent on the loan payments, the amount of the
 4-7     delinquent payments shall be offset against state aid to which the
 4-8     district is otherwise entitled.
 4-9           (e) [(c)]  The legislature may appropriate part of the
4-10     permanent [available] school fund for administration of the
4-11     permanent school fund or of a bond guarantee program established
4-12     under this section.
4-13           (f) [(d)]  Notwithstanding any other provision of this
4-14     constitution, in managing the assets of the permanent school fund,
4-15     the State Board of Education may acquire, exchange, sell,
4-16     supervise, manage, or retain, through procedures and subject to
4-17     restrictions it establishes and in amounts it considers
4-18     appropriate, any kind of investment, including investments in the
4-19     Texas growth fund created by Article XVI, Section 70, of this
4-20     constitution, that persons of ordinary prudence, discretion, and
4-21     intelligence, exercising the judgment and care under the
4-22     circumstances then prevailing, acquire or retain for their own
4-23     account in the management of their affairs, not in regard to
4-24     speculation but in regard to the permanent disposition of their
4-25     funds, considering the probable income as well as the probable
4-26     safety of their capital.
4-27           (g)  Notwithstanding Subsection (a)(1) of this section, the
 5-1     total distribution from the permanent school fund to the available
 5-2     school fund and the education excellence supplemental fund for the
 5-3     state fiscal years beginning September 1, 2002, and September 1,
 5-4     2003, must be an amount equal to five percent of the market value
 5-5     of the permanent school fund on the first day of the appropriate
 5-6     fiscal year.  This subsection expires December 1, 2004.
 5-7           SECTION 2. This proposed constitutional amendment shall be
 5-8     submitted to the voters at an election to be held November 6, 2001.
 5-9     The ballot shall be printed to permit voting for or against the
5-10     proposition:  "The constitutional amendment relating to making
5-11     distributions from the permanent school fund to the available
5-12     school fund and to the creation of the education excellence
5-13     supplemental fund."