78R7543 KKA-D

By:  Griggs                                                     H.J.R. No. 87 



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)  To ensure that adequate state funding is available 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 2004-2005 school year.  Subsection (b) of this section applies 
beginning with the fiscal year that begins September 1, 2004.  This 
subsection expires September 1, 2005.
	SECTION 2.  Section 3(e), Article VII, Texas Constitution, 
is amended 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.
	SECTION 3.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 4, 2003.  
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."