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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 to read as follows: |
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Sec. 3. (a) One-fourth of the revenue derived from the |
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State occupation taxes [and poll tax of one dollar on every
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inhabitant of the State, between the ages of twenty-one and sixty
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years,] shall be set apart annually for the benefit of the public |
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free schools; [and in addition thereto, there shall be levied and
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collected an annual ad valorem State tax of such an amount not to
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exceed thirty-
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five cents on the one hundred ($100.00) dollars
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valuation, as with the available school fund arising from all other
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sources, will be sufficient to maintain and support the public
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schools of this State for a period of not less than six months in
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each year,] and it shall be the duty of the State Board of Education |
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to set aside a sufficient amount [out] of revenue [the said tax] to |
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provide free text books for the use of children attending the public |
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free schools of this State. The Legislature may make |
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appropriations[; provided, however, that should the limit of
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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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(b) The [and the] Legislature may also provide for the |
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formation of school districts [district] by general laws; and all |
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such school districts may embrace parts of two or more counties, and |
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the Legislature shall be authorized to pass laws [for the
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assessment and collection of taxes in all said districts and] for |
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the management and control of the public school or schools of such |
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districts, whether such districts are composed of territory wholly |
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within a county or in parts of two or more counties. The[, and the] |
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Legislature by general law may authorize each school district to |
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impose an [additional] ad valorem local tax [to be levied and
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collected within all school districts heretofore formed or
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hereafter formed,] for the further maintenance of public free |
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schools, and for the erection and equipment of school buildings |
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therein; provided that a majority of the qualified property |
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taxpaying voters of the district voting at an election to be held |
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for that purpose, shall vote such tax not to exceed in any one year |
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one ($1.00) dollar on the one hundred dollars valuation of the |
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property subject to taxation in such district, but the limitation |
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upon the amount of school district tax herein authorized shall not |
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apply to incorporated cities or towns constituting separate and |
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independent school districts, nor to independent or common school |
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districts created by general or special law. |
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(c) 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) The constitutional amendment proposed by |
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this resolution shall be submitted to the voters at an election to |
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be held November 5, 2019. |
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(b) The constitutional amendment proposed by this |
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resolution shall be printed on the ballot as one proposition and in |
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a manner to provide for voting for or against the proposition: "The |
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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 by |
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which school districts are formed; 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 by adopting federal constitutional law that also |
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preserves equal access to the courts." |