By: Raymond H.J.R. No. 142

A JOINT RESOLUTION

proposing a constitutional amendment relating to the disposition of proceeds from the development or sale of the rights to natural resources or minerals in land held for the county permanent school fund.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 6, Article VII, Texas Constitution, is amended to read as follows:

Sec. 6. (a) All lands heretofore, or hereafter granted to the several counties of this State for educational purposes, are of right the property of said counties respectively, to which they were granted, and title thereto is vested in said counties, and no adverse possession or limitation shall ever be available against the title of any county. Each county may sell or dispose of its lands in whole or in part, in manner to be provided by the Commissioners Court of the county. Said lands, and, except as provided by Subsection (b) of this section, the proceeds thereof, when sold, shall be held by said counties alone as a trust for the benefit of public schools therein; said proceeds to be invested in bonds of the United States, the State of Texas, or counties in said State, or in such other securities, and under such restrictions as may be prescribed by law; and the counties shall be responsible for all investments; the interest thereon, and other revenue, except the principal shall be available fund.

(b) A county that borders the United Mexican States with a population of more than 190,000 but less than 250,000 may:

(1) develop or sell the rights to natural resources or minerals in the land described by Subsection (a) of this section; and

(2) with agreement of the school district(s) for which the land is held in trust, obtain from the proceeds of a disposition under Subdivision (1) of this subsection reimbursement of the county's reasonable and necessary expenses incurred in connection with the disposition.

(3) distribute the remaining proceeds on a per scholastic basis to the school district(s) for which the land is held in trust.

SECTION 2. 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 to authorize a county to recover expenses from proceeds of the county permanent school fund incurred by the county in a transaction to develop or sell the rights to natural resources or minerals in county permanent school fund property."