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79S30312 ESH-D

By:  Solomons                                                   H.J.R. No. 15 



A JOINT RESOLUTION

proposing a constitutional amendment requiring the state to pay at 
least 50 percent of the cost of maintaining and operating the public 
school system and prohibiting the comptroller from certifying 
legislation containing an appropriation unless the requirement is 
met.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Section 1, Article VII, Texas Constitution, is 
amended to read as follows:
	Sec. 1.  A general diffusion of knowledge being essential to 
the preservation of the liberties and rights of the people, it shall 
be the duty of the Legislature of the State to establish and make 
suitable provision for the support and maintenance of an efficient 
system of public free schools by providing State funding in an 
amount that constitutes, as determined by the Legislature, at least 
50 percent of the cost of maintaining and operating that system.
	SECTION 2.  Section 49a, Article III, Texas Constitution, is 
amended by amending Subsection (b) and adding Subsection (c) to 
read as follows:
	(b)  Except in the case of emergency and imperative public 
necessity and with a four-fifths vote of the total membership of 
each House, no appropriation in excess of the cash and anticipated 
revenue of the funds from which such appropriation is to be made 
shall be valid.  No bill containing an appropriation shall be 
considered as passed or be sent to the Governor for consideration 
until and unless:
		(1)  the Comptroller of Public Accounts endorses the 
Comptroller's [his] certificate thereon showing that the amount 
appropriated is within the amount estimated to be available in the 
affected funds; and
		(2)  if the bill makes an appropriation for the general 
maintenance and operation of the system of public free schools, the 
Comptroller additionally certifies that the appropriation, 
together with all other appropriations made for the general 
maintenance and operation of that system for the same period, 
complies with the requirement of Section 1, Article VII, of this 
constitution.
	(c)  When the Comptroller finds an appropriation bill 
exceeds the estimated revenue or, if applicable, fails to comply 
with Section 1, Article VII, of this constitution, the Comptroller
[he] shall endorse such finding thereon and return to the House in 
which same originated.  Such information shall be immediately made 
known to both the House of Representatives and the Senate and the 
necessary steps shall be taken to bring such appropriation to 
within the revenue, either by providing additional revenue or 
reducing the appropriation.
	SECTION 3.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 7, 2006.  
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 maintaining and operating the 
public school system and prohibiting the comptroller from 
certifying legislation containing an appropriation unless the 
requirement is met."