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A JOINT RESOLUTION
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proposing a constitutional amendment dissolving the State Board of |
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Education and creating the Texas Education Commission. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article VII, Texas Constitution, is amended by |
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adding Sections 8a and 8b to read as follows: |
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Sec. 8a. (a) The State Board of Education is dissolved and |
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the members of the board are relieved of board duties on the |
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effective date of this section. |
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(b) The commissioner of education shall assume the powers |
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and duties of the State Board of Education from the date the board |
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is dissolved until the date the Texas Education Commission created |
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under Section 8b of this article holds its first meeting. |
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(c) This section expires September 1, 2013. |
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Sec. 8b. (a) The Texas Education Commission is composed of |
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15 members appointed by the governor with the advice and consent of |
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the senate as follows: |
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(1) nine members who reside one each in the nine |
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counties of this state with the greatest population, according to |
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the last preceding federal decennial census; |
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(2) four members who reside in areas of this state |
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designated as rural communities by the United States Department of |
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Agriculture; and |
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(3) two members who reside in this state. |
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(a-1) The governor may begin to nominate the initial members |
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of the commission beginning October 1, 2012. The governor shall |
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nominate all 15 initial members not later than January 1, 2013. |
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After nominees are confirmed by the senate, the initial members |
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shall determine by lot which members serve two-year terms and which |
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serve four-year terms, with as close to one-half of the total number |
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of members as possible serving terms of each length. This |
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subsection expires September 1, 2013. |
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(b) To be eligible to serve as a member of the commission, a |
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person must have: |
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(1) 10 or more years' experience as a public school |
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educator, school board member, chief executive officer, or |
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investment banker; |
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(2) 10 or more years' experience working in a financial |
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institution or the field of securities and exchange; or |
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(3) a professional background that the senate |
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determines is equivalent to the experience described by Subdivision |
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(1) or (2) of this subsection. |
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(c) Members of the commission serve staggered four-year |
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terms with the terms of seven or eight members, as applicable, |
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expiring December 31 of each even-numbered year. A person may not |
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serve more than two terms as a member of the commission. |
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(d) The governor shall nominate for confirmation by the |
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senate a person to fill each regularly occurring vacancy on the |
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commission not later than January 1 of each odd-numbered year. If |
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the senate fails to confirm the person during the regular |
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legislative session that immediately follows the date of |
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appointment, the position remains vacant until the person or an |
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alternate person nominated by the governor is confirmed by the |
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senate during a subsequent regular or called legislative session. |
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The governor may also nominate for confirmation by the senate a |
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person to fill any vacancy on the commission not later than the |
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fifth day of a called legislative session. If the senate fails to |
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confirm the person during that session, the position remains vacant |
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as described above. A person may not in any circumstance act as a |
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member of the commission until the person has been confirmed by the |
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senate and may not serve beyond the expiration of the term for which |
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appointed unless the person is reappointed and reconfirmed. To the |
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extent this subsection conflicts with Section 12, Article IV, or |
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Section 17, Article XVI, of this constitution, this subsection |
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prevails. |
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(e) If, following a federal decennial census, a county that |
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was among the nine counties with the greatest population under the |
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preceding census ceases to rank among the nine largest counties: |
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(1) the member representing the county vacates the |
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member's office on the date the secretary of state receives the |
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official census data; |
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(2) as soon as practicable after the date the |
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secretary of state receives the official census data, the governor |
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shall nominate to serve on the commission a person who resides in |
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the county that is newly among the nine largest counties; and |
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(3) if confirmed by the senate, the person nominated |
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under Subdivision (2) of this subsection serves for the remainder |
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of the term for which the member described by Subdivision (1) of |
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this subsection was appointed. |
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(f) Not later than January 1 of each odd-numbered year, the |
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governor, with the advice and consent of the senate, shall appoint |
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the chair from among the membership of the commission. The chair |
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serves a term of two years. |
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(g) Not later than January 1 of each odd-numbered year, the |
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members of the commission shall elect from among the membership of |
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the commission a person to serve as vice chair for a term of two |
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years. |
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(h) The members of the commission shall appoint an executive |
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director to exercise the powers and perform the duties previously |
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exercised and performed by the commissioner of education. A |
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reference in general law to the commissioner of education means the |
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executive director appointed under this subsection. The executive |
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director serves at the pleasure of the commission. |
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(i) The commission shall carry out the commission's powers |
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and duties with the advice and assistance of the executive |
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director. |
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(j) The commission may perform only those duties assigned to |
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the commission by this constitution or as provided by the |
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legislature. A reference in general law to the State Board of |
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Education means the commission created under this section. |
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(k) The commission shall hold four meetings a year in |
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Austin, Texas, on dates determined by the chair and may hold other |
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meetings as may be called by the chair. At the commission's first |
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regular meeting after March 1 of an odd-numbered year, the |
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commission shall organize, adopt rules of procedure, and elect a |
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secretary. |
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(l) The commission shall develop and implement policies |
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that provide the public with a reasonable opportunity to appear |
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before the commission and to speak on any issue under the |
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jurisdiction of the commission. |
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SECTION 2. Section 3(b), Article VII, Texas Constitution, |
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is amended to read as follows: |
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(b) It shall be the duty of the Texas Education Commission |
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[State Board of Education] to set aside a sufficient amount of |
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available funds to provide free text books for the use of children |
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attending the public free schools of this State. |
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SECTION 3. Section 4, Article VII, Texas Constitution, is |
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amended to read as follows: |
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Sec. 4. The lands herein set apart to the Public Free School |
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fund, shall be sold under such regulations, at such times, and on |
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such terms as may be prescribed by law; and the Legislature shall |
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not have power to grant any relief to purchasers thereof. The |
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proceeds of such sales must be used to acquire other land for the |
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Public Free School fund as provided by law or the proceeds shall be |
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invested by the comptroller of public accounts, as may be directed |
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by the Texas Education Commission [Board of Education] herein |
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provided for, in the bonds of the United States, the State of Texas, |
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or counties in said State, or in such other securities, and under |
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such restrictions as may be prescribed by law; and the State shall |
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be responsible for all investments. |
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SECTION 4. Sections 5(a) and (f), Article VII, Texas |
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Constitution, are amended to read as follows: |
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(a) The permanent school fund consists of all land |
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appropriated for public schools by this constitution or the other |
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laws of this state, other properties belonging to the permanent |
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school fund, and all revenue derived from the land or other |
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properties. The available school fund consists of the distributions |
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made to it from the total return on all investment assets of the |
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permanent school fund, the taxes authorized by this constitution or |
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general law to be part of the available school fund, and |
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appropriations made to the available school fund by the |
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legislature. The total amount distributed from the permanent school |
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fund to the available school fund: |
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(1) in each year of a state fiscal biennium must be an |
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amount that is not more than six percent of the average of the |
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market value of the permanent school fund, excluding real property |
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belonging to the fund that is managed, sold, or acquired under |
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Section 4 of this article, on the last day of each of the 16 state |
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fiscal quarters preceding the regular session of the legislature |
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that begins before that state fiscal biennium, in accordance with |
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the rate adopted by: |
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(A) the Texas Education Commission [a vote of
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two-thirds of the total membership of the State Board of Education,
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taken] before the regular session of the legislature convenes; or |
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(B) the legislature by general law or |
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appropriation, if the Texas Education Commission [State Board of
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Education] does not adopt a rate as provided by Paragraph (A) of |
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this subdivision; and |
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(2) over the 10-year period consisting of the current |
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state fiscal year and the nine preceding state fiscal years may not |
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exceed the total return on all investment assets of the permanent |
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school fund over the same 10-year period. |
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(f) Notwithstanding any other provision of this |
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constitution, in managing the assets of the permanent school fund, |
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the Texas Education Commission [State Board of Education] may |
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acquire, exchange, sell, supervise, manage, or retain, through |
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procedures and subject to restrictions it establishes and in |
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amounts it considers appropriate, any kind of investment[,
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including investments in the Texas growth fund created by Article
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XVI, Section 70, of this constitution,] that persons of ordinary |
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prudence, discretion, and intelligence, exercising the judgment |
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and care under the circumstances then prevailing, acquire or retain |
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for their own account in the management of their affairs, not in |
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regard to speculation but in regard to the permanent disposition of |
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their funds, considering the probable income as well as the |
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probable safety of their capital. |
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SECTION 5. Section 8, Article VII, Texas Constitution, is |
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repealed. |
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SECTION 6. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 8, 2011. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment dissolving the elected |
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State Board of Education and creating an appointed Texas Education |
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Commission." |