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R E S O L U T I O N
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WHEREAS, A Travis County District Judge found that the Texas |
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public school finance system violates the "efficiency" provisions |
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of Article VII, § 1, Texas Constitution, because it fails to provide |
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substantially equal access to revenues necessary to provide a |
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general diffusion of knowledge; and |
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WHEREAS, The Legislature finds that there is an urgent need |
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to provide critical budgetary relief to our public school finance |
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system to ensure that the young men and women of Texas entering |
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college are adequately prepared academically for first year college |
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courses; and |
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WHEREAS, The 2011 revenue estimate was inaccurate and, as a |
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direct result, public schools received an unjustified $5.4 billion |
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dollar budget cut and there is nearly $8.8 billion unspent from last |
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biennium, some of which could be used to help our Texas schools; and |
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WHEREAS, The Legislature has an affirmative and independent |
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constitutional duty to "make suitable provision for the support and |
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maintenance of an efficient system of public free schools"; and |
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WHEREAS, This duty exists regardless of any declarations of |
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emergency by other branches of government, and legislation to |
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fulfill this duty may be passed by the Legislature at any time, |
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regardless of pending administrative or judicial actions, just as |
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with other important legislative initiatives including H.B. 8 |
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("Jessica's Law"), 80th Regular Session, or S.B. 175 ("The Top Ten |
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Percent Plan"), 81st Regular Session; and |
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WHEREAS, Section 5(c), Article III, Texas Constitution, |
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states that either house may determine its order of business by an |
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affirmative vote of four-fifths of its membership despite |
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constitutional restrictions set forth in Section 5(b), Article III, |
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Texas Constitution; therefore, be it |
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RESOLVED, by the House of Representatives of the 83rd Texas |
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Legislature, by an affirmative vote of four-fifths of its |
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membership, That the order of its business for the regular session |
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is hereby determined to be that which is set forth in Section 5(b), |
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Article III, Texas Constitution, except that during the first 60 |
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days of the regular session the House may consider a bill relating |
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to public school finance in order to remedy identified |
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constitutional infirmities. |