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A JOINT RESOLUTION
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proposing a constitutional amendment abolishing the State Board of |
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Education and transferring the board's constitutional functions to |
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the Texas Education Agency. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 Agency |
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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 2. 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 Agency [Board of Education] herein provided |
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for, in the bonds of the United States, the State of Texas, or |
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counties in said State, or in such other securities, and under such |
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restrictions as may be prescribed by law; and the State shall be |
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responsible for all investments. |
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SECTION 3. 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 Agency [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 Agency [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 Agency [State Board of Education] may acquire, |
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exchange, sell, supervise, manage, or retain, through procedures |
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and subject to restrictions it establishes and in amounts it |
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considers appropriate, any kind of investment[, including
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investments in the Texas growth fund created by Article XVI,
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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 4. Section 8, Article VII, Texas Constitution, is |
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amended to read as follows: |
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Sec. 8. The Legislature shall provide by law for a Texas |
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Education Agency [State Board of Education, whose members shall be
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appointed or elected in such manner and by such authority and shall
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serve for such terms as the Legislature shall prescribe not to
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exceed six years]. The agency [said board] shall perform such |
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duties as may be prescribed by law. |
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SECTION 5. 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 abolishing the State |
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Board of Education and transferring the board's constitutional |
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functions to the Texas Education Agency." |