78S40056 KKA/CBH-D

By:  Griggs                                                     H.J.R. No. 5  



A JOINT RESOLUTION

proposing a constitutional amendment relating to the state's duty 
to fund the public school system.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article VII, Texas Constitution, is amended by 
adding Section 1A to read as follows:
	Sec. 1A.  (a)  In meeting its duty under Section 1 of this 
article to make suitable provision for the support and maintenance 
of an efficient system of public free schools, the Legislature 
shall provide state funding in an amount that constitutes at least 
50 percent of the cost of maintaining and operating the system of 
public free schools.
	(b)  If adequate sources of revenue are not otherwise 
available to the state for purposes of Subsection (a) of this 
section, all money coming into the treasury in a fiscal year in 
excess of the amount of  money in the treasury during the preceding 
fiscal year, as determined by the comptroller of public accounts, 
is dedicated to be used for the support and maintenance of the 
public free schools.  Any portion of the amount dedicated by this 
subsection that is not required for the support and maintenance of 
the public free schools may be used for any other state purpose.  In 
computing the amount of money in the treasury for purposes of this 
subsection, money otherwise dedicated by this constitution is not 
included.
	(c)  Subsection (a) of this section applies beginning with 
the 2005-2006 school year.  Subsection (b) of this section applies 
beginning with the fiscal year that begins September 1, 2005.  This 
subsection expires September 1, 2006.
	SECTION 2.  Section 3, Article VII, Texas Constitution, is 
amended by amending Subsection (e) and adding Subsection (f) to 
read as follows:
	(e)  The Legislature shall be authorized to pass laws for the 
assessment and collection of taxes in all school districts and for 
the management and control of the public school or schools of such 
districts, whether such districts are composed of territory wholly 
within a county or in parts of two or more counties.  
Notwithstanding Section 1-e, Article VIII, of this constitution, 
the Legislature may require school districts to impose, without 
voter approval, an ad valorem tax at a rate specified by the 
Legislature for the benefit of the public free schools and to remit 
a portion of that tax to the comptroller of public accounts for 
providing state funding as required by Section 1A(a) of this 
article.  The[, and the] Legislature may also authorize an 
additional ad valorem tax to be levied and collected within all 
school districts for the further maintenance of public free 
schools, and for the erection and equipment of school buildings 
therein; provided that a majority of the qualified voters of the 
district voting at an election [to be] held for that purpose[, 
shall] approve the additional tax.
	(f)  If the Legislature by general law enacted after January 
1, 2004, dedicates state tax revenue to the foundation school fund, 
the Legislature may not, during that legislative session or any 
subsequent legislative session, remove, repeal, or decrease that 
dedication.  An Act removing, repealing, or decreasing a dedication 
that is enacted by the Legislature during the legislative session 
in which the dedication is made, regardless of date of relative 
enactment, or such an Act enacted during a subsequent legislative 
session, has no effect.
	SECTION 3.  Article VIII, Texas Constitution, is amended by 
adding Section 25 to read as follows:
	Sec. 25.  (a)  The Legislature by general law may authorize 
an individual to choose to pay a tax on the individual's taxable 
income and to receive a refund of the state sales and use taxes the 
individual is imputed to have paid during the tax year.
	(b)  The net revenue from the tax authorized under this 
section shall be deposited to the credit of the foundation school 
fund.
	(c)  Section 24 of this article does not apply to a tax 
authorized under this section.
	SECTION 4.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held _____________.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment requiring the state to 
pay at least 50 percent of the cost of the public school system and 
providing for sources of revenue for that purpose."