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A JOINT RESOLUTION
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proposing a constitutional amendment relating to county delegation |
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of authority regarding the disposition of county school lands and |
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proceeds of a county permanent school fund. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6, Article VII, Texas Constitution, is |
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amended to read as follows: |
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Sec. 6. (a) All lands heretofore, or hereafter granted to |
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the several counties of this State for educational purposes, are of |
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right the property of said counties respectively, to which they |
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were granted, and title thereto is vested in said counties, and no |
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adverse possession or limitation shall ever be available against |
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the title of any county. Each county may sell or dispose of its |
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lands in whole or in part, in manner to be provided by the |
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Commissioners Court of the county. Said lands, and the proceeds |
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thereof, when sold, shall be held by said counties alone as a trust |
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for the benefit of public schools therein; said proceeds to be |
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invested in 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 counties shall be |
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responsible for all investments; the interest thereon, and other |
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revenue, except the principal shall be available fund. |
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(b) Notwithstanding the limitations provided by Subsection |
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(a) of this section, each county may: |
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(1) delegate to the boards of trustees of the school |
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districts for which the lands are held in trust by the county under |
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this section the county's authority under Subsection (a) of this |
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section to: |
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(A) sell, lease, or otherwise dispose of the |
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lands held in trust; or |
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(B) develop or sell the rights to natural |
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resources or minerals in the lands held in trust; |
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(2) enter into an agreement with the boards of |
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trustees of the school districts for which the lands are held in |
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trust by the county under this section to jointly develop or sell |
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the rights to natural resources or minerals in the lands held in |
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trust and share with those school districts: |
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(A) the expenses incurred in connection with a |
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disposition under this subdivision; and |
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(B) the revenue generated in connection with a |
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disposition under this subdivision; and |
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(3) delegate the county's authority to invest and |
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manage all or part of the proceeds of the county permanent school |
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fund to: |
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(A) the boards of trustees of the school |
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districts for which the lands are held in trust by the county under |
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this section; or |
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(B) a financial institution selected in the |
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manner determined by the Commissioners Court of the county. |
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(c) The proceeds from a disposition of land authorized under |
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Subsection (b) of this section shall be held by the county as a |
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trust for the benefit of the school districts as provided by |
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Subsection (a) of this section, except as permitted by Subsection |
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(b)(2) or (3) of this section. |
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SECTION 2. 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 to authorize the |
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delegation of authority regarding the disposition of county school |
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lands from a county to the school districts for which the lands are |
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held in trust and the delegation of authority to manage and invest |
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proceeds of a county permanent school fund from a county to the |
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school districts for which the lands are held in trust or a |
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financial institution selected by the county." |