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  81R8501 CAE-D
 
  By: Jackson H.J.R. No. 81
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment increasing the state general
  sales and use tax rate and dedicating the increased state revenue to
  public education and property tax relief.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article VII, Texas Constitution, is amended by
  adding Section 5b to read as follows:
         Sec. 5b.  The school equalization fund consists of:
               (1)  certain proceeds of the state sales and use tax, as
  provided by Section 25, Article VIII, of this constitution; and
               (2)  other funds transferred or dedicated to the fund
  by general law.
         SECTION 2.  Article VIII, Texas Constitution, is amended by
  adding Section 25 to read as follows:
         Sec. 25.  (a)  The state shall impose the sales and use tax
  authorized by Chapter 151, Tax Code, or its successor, at the rate
  of seven percent.
         (b)  Notwithstanding Subsection (a) of this section, the
  legislature by general law may raise or lower the rate of the tax or
  modify or repeal the tax.
         (c)  Notwithstanding any other provision of this
  constitution, the net revenue derived from an increase in the rate
  of the tax described by Subsection (a) of this section over the rate
  of the tax on August 31, 2009, shall be deposited, as determined by
  the legislature, to the credit of:
               (1)  the school equalization fund; or
               (2)  the property tax relief fund or that fund's
  successor.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 3, 2009.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment increasing the sales
  and use tax rate and dedicating the increased state revenue to
  public education and property tax relief."