79R8446 JD-D
By:  Pitts                                                      H.J.R. No. 50 
Substitute the following for H.J.R. No. 50:                                   
By:  Paxton                                                 C.S.H.J.R. No. 50 
A JOINT RESOLUTION
proposing a constitutional amendment to authorize a state property 
tax for public education and a school district property tax for 
educational enrichment.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Section 1-e, Article VIII, Texas Constitution, 
is amended to read as follows:
	Sec. 1-e.  Except as provided by Section 3-a, Article VII, of 
this constitution, no [No] State ad valorem taxes shall be levied 
upon any property within this State.
	SECTION 2.  Article VII, Texas Constitution, is amended by 
adding Section 3-a to read as follows:
	Sec. 3-a.  (a)  The legislature by general law may authorize 
the state to impose ad valorem taxes for elementary and secondary 
public free school purposes on all taxable property at a rate not to 
exceed $0.75 for each $100 of taxable value.
	(b)  Notwithstanding Section 23, Article VIII, of this 
constitution, the legislature may provide for the appraisal of 
property subject to state ad valorem taxes, for the equalization of 
the taxable values of that property, and for the collection of the 
state ad valorem taxes imposed on that property.
	(c)  State ad valorem taxes shall be assessed on the 
valuation of property subject to those taxes as determined by the 
appraisal officials in the county in which the property is located.  
If an appraisal official uses generally accepted appraisal 
standards and practices to appraise property subject to the state 
ad valorem tax and the valuation of the property subject to that tax 
conforms to or is equalized by the local appraisal review process to 
conform to the accepted standards and practices, the assessment of 
a state ad valorem tax on that valuation is not invalid.  This 
subsection expires at the end of the 2006 ad valorem tax year.
	SECTION 3.  Section 3, Article VII, Texas Constitution, is 
amended by amending Subsections (d) and (e) and adding Subsections 
(f)-(i) to read as follows:
	(d)  The Legislature may provide for the formation of school 
districts by general laws, and all such school districts may 
embrace parts of two or more counties.
	[(e)]  The Legislature by general law may provide [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.
	(e)  The Legislature by general law may authorize a school 
district to impose:
		(1)  an ad valorem tax on taxable property in the 
district for the maintenance of the public schools in the district 
at a rate not to exceed $0.25 for each $100 of taxable value; and
		(2)  an ad valorem tax on taxable property in the 
district for the purpose of providing an enriched educational 
program.
	(f)  The Legislature may provide for school districts to 
impose an additional ad valorem tax on all taxable property in the 
district[, whether such districts are composed of territory wholly 
within a county or in parts of two or more counties, and the 
Legislature may 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.
	(g)  A school district may not impose a tax under Subsection 
(e) or (f) of this section unless the tax is approved by [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 tax].  An election held before January 1, 2006, to authorize an 
ad valorem tax for the maintenance of the public schools of a 
district does not authorize the imposition of an enrichment tax 
under Subsection (e)(2) of this section.
	(h)  The Legislature may pass laws for the creation of junior 
college districts, the management and control of those districts, 
and the imposition of ad valorem taxes in those districts.  A junior 
college district may not impose a tax under this subsection unless 
the tax is approved by a majority of the qualified voters of the 
district voting at an election held for that purpose.  A junior 
college district is not a school district for purposes of this 
section.
	(i)  An ad valorem tax approved by the voters of a junior 
college district under this section before November 8, 2005, is not 
affected by the amendment of this section approved by the voters at 
an election held on November 8, 2005, and the junior college 
district is not required to hold a new election to authorize the 
existing tax.  This subsection expires January 1, 2006.
	SECTION 4.  Section 3-b, Article VII, Texas Constitution, is 
amended to read as follows:
	Sec. 3-b.  No tax for the maintenance or enrichment of public 
free schools voted in any independent school district and no tax for 
the maintenance of a junior college voted by a junior college 
district, nor any bonds voted in any such district, but unissued, 
shall be abrogated, cancelled, or invalidated by change of any kind 
in the boundaries thereof.  After any change in boundaries, the 
governing body of any such district, without the necessity of an 
additional election, shall have the power to assess, levy, and 
collect ad valorem taxes on all taxable property within the 
boundaries of the district as changed, for the purposes of the 
maintenance or enrichment of public free schools or the maintenance 
of a junior college, as the case may be, and the payment of 
principal of and interest on all bonded indebtedness outstanding 
against, or attributable, adjusted, or allocated to, such district 
or any territory therein, in the amount, at the rate, or not to 
exceed the rate, and in the manner authorized in the district prior 
to the change in its boundaries, and further in accordance with the 
laws under which all such bonds, respectively, were voted; and such 
governing body also shall have the power, without the necessity of 
an additional election, to sell and deliver any unissued bonds 
voted in the district prior to any such change in boundaries, and to 
assess, levy, and collect ad valorem taxes on all taxable property 
in the district as changed, for the payment of principal of and 
interest on such bonds in the manner permitted by the laws under 
which such bonds were voted.  In those instances where the 
boundaries of any such independent school district are changed by 
the annexation of, or consolidation with, one or more whole school 
districts, the taxes to be levied for the purposes hereinabove 
authorized may be in the amount or at not to exceed the rate 
theretofore voted in the district having at the time of such change 
the greatest scholastic population according to the latest 
scholastic census and only the unissued bonds of such district 
voted prior to such change, may be subsequently sold and delivered 
and any voted, but unissued, bonds of other school districts 
involved in such annexation or consolidation shall not thereafter 
be issued.
	SECTION 5.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 8, 2005.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment to authorize a state 
property tax for public education and a school district property 
tax for educational enrichment."