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A JOINT RESOLUTION
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proposing a constitutional amendment relating to the support and |
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maintenance and an efficient system of public schools. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article VII, Texas Constitution, is |
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amended to read as follows: |
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Sec. 1. A general diffusion of knowledge being essential to |
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the preservation of the liberties and rights of the people, it shall |
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be the duty of the Legislature of the State to establish and make |
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suitable provision for the support and maintenance of an efficient |
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system of public free schools so that every school district will |
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have substantially equal access to similar revenues per student at |
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similar levels of tax effort. A statute enacted by the Legislature |
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to provide for an efficient system or to provide for its support and |
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maintenance is presumed to meet the requirements of this |
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constitution if the statute rationally furthers a legitimate State |
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purpose or interest such as efficiency or local control. |
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SECTION 2. Section 3, Article VII, Texas Constitution, is |
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amended by amending Subsections (c) and (e) and adding Subsection |
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(f) to read as follows: |
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(c) The Legislature may make appropriations [Should the
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taxation herein named be insufficient the deficit may be met by
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appropriation] from the general funds of the State for the support |
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of the public free schools, and a statute enacted by the Legislature |
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setting the amount of those appropriations or the method by which |
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they are distributed is presumed to meet the requirements of this |
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constitution if the statute rationally furthers a legitimate State |
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purpose or interest such as efficiency or local control. |
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(e) The Legislature shall be authorized to pass laws [for
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the assessment and collection of taxes in all school districts and] |
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for the management and control of the public school or schools of |
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such districts, whether such districts are composed of territory |
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wholly within a county or in parts of two or more counties. The [,
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and the] Legislature by general law may authorize each school |
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district to impose an [additional] ad valorem local tax [to be
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levied and collected within all school districts] for the further |
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maintenance of public free schools, and for the erection and |
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equipment of school buildings therein; provided that a majority of |
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the qualified voters of the district voting at an election to be |
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held for that purpose, shall approve the tax. |
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(f) A law authorized by this section providing for the |
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imposition of local taxes by school districts is presumed to meet |
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the requirements of this constitution if there is any evidence that |
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the law rationally furthers a legitimate State purpose or interest. |
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SECTION 3. (a) This proposed constitutional amendment |
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shall be submitted to the voters at an election to be held November |
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8, 2011. |
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(b) This proposed constitutional amendment shall be printed |
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on the ballot as one proposition and in a manner to permit voting |
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for or against the proposition: "The constitutional amendment: |
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(1) providing for equal educational opportunity; |
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(2) providing for local control by all school |
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districts of local taxes levied for the support of public schools; |
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(3) providing for legislative control of the methods |
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by which state funds are distributed to school districts; and |
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(4) restricting the power of the courts to overturn a |
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legislative decision regarding the system of or support for public |
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education." |