By: Virdell H.J.R. No. 210

A JOINT RESOLUTION

proposing a constitutional amendment related to the funding and support of public free schools.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1, Article VII, Texas Constitution, is amended by adding Section 1A to read as follows:

Sec. 1. SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE SCHOOLS. A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of free schools for the purpose of advancing the skills and knowledge of reading, writing, mathematics, social studies, science, art, and vocation.

Sec. 1A. FUNDING FOR FREE PUBLIC SCHOOLS. (a) The State shall collect ad valorem taxes to fund free public schools.

(1) The Texas Comptroller of Public Accounts shall be responsible for the collection and distribution of ad valorem taxes to each Independent School District.

(2) Funding for free public schools shall be apportioned equally per student among all Independent School Districts based on average daily student enrollment per school year.

(b) Independent School Districts may not collect ad valorem tax for the purpose of funding public free schools.

(c) Independent School Districts are prohibited from incurring debt to fund free public schools.

(d) It shall be the duty of the Legislature to determine the proper amount and method of ad valorem taxation to be collected for the funding of free public schools.

(e) If an Independent School District has accrued debt prior to June 1st, 2025, it shall become the responsibility of the State to provide financial assistance to repay the debt as determined by the Legislature.

(f) An Independent School District may request additional funding from the Legislature for the purpose of refurbishing an existing structure or new construction.

(g) The Legislature may authorize Educational Savings Accounts, allowing students to independently fund their education outside of Independent School Districts. The amount allocated to each account shall not exceed the per-student funding provided to Independent School Districts. The Legislature shall review and approve the number of participants in the Educational Savings Account program at least once every six years. Additionally, the Legislature will establish the method for distributing funds to these accounts.

(h) A parent or guardian of a person under the age of 18 has the right to not participate in state funded education and may pursue education at the discretion of the parent or guardian. The Legislature shall not mandate educational requirements on a person whose parent or guardian chooses not to participate in state funded education.

Sec. 1B. INDEPENDENT SCHOOL DISTRICTS. (a) The State shall establish and recognize political subdivisions referred to as an Independent School Districts based on region and population. An Independent School District may embrace parts of two or more counties.

(b) An Independent School District shall be comprised of a Board of Trustees to manage and oversee all operations of the Independent School District.

(c) An Independent School District cannot be comprised of more than 20,000 students. If an Independent School District exceeds 20,000 students, a new Independent School District must be created by the Legislature.

(d) The Board of Trustees of each Independent School District will be responsible for determining the proper allocation of funds.

(e) The Board of Trustees shall consist of seven members and each member shall be elected by residents within the boundaries of the Independent School District to serve a term of four years.

(f) The Legislature shall ensure all government code is in compliance with Article 7, Section 1 of the Texas Constitution by January 13th, 2029.

SECTION 2. Section 3, Article VII, Texas Constitution, is amended to read as follows:

Sec. 3. TAXES FOR BENEFIT OF SCHOOLS; PROVISION OF FREE TEXT BOOKS; SCHOOL DISTRICTS. (a) One-fourth of the revenue derived from the State occupation taxes shall be set apart annually for the benefit of the public free schools.

(b) It shall be the duty of the State Board of Education to set aside a sufficient amount of available funds to provide free text books for the use of children attending the public free schools of this State.

(c) Should the taxation herein named be insufficient the deficit may be met by appropriation from the general funds of the State.

(d) The Legislature may provide for the formation of school districts by general laws, all such school districts may embrace parts of two or more counties.

(e) The Legislature shall be authorized to pass laws for the assessment and collection of taxes in all school districts and for the management and control of the public school or schools of such districts, whether such districts are composed of territory wholly within a county or in parts of two or more counties, and the Legislature may authorize an additional ad valorem tax to be levied and collected within all school districts for the further maintenance of public free schools, and for the erection and equipment of school buildings therein; provided that a majority of the qualified voters of the district voting at an election to be held for that purpose, shall approve the tax.

SECTION 3. Section 3-b, Article VII, Texas Constitution, is amended to read as follows:

Sec. 3-b. INDEPENDENT SCHOOL DISTRICT AND JUNIOR COLLEGE DISTRICT TAXES AND BONDS NOT AFFECTED BY CHANGES IN BOUNDARIES. No tax for the maintenance of public free schools voted in any independent school district and no tax for the maintenance of a junior college voted by a junior college district, nor any bonds voted in any such district, but unissued, shall be abrogated, cancelled or invalidated by change of any kind in the boundaries thereof. After any change in boundaries, the governing body of any such district, without the necessity of an additional election, shall have the power to assess, levy and collect ad valorem taxes on all taxable property within the boundaries of the district as changed, for the purposes of the maintenance of public free schools or the maintenance of a junior college, as the case may be, and the payment of principal of and interest on all bonded indebtedness outstanding against, or attributable, adjusted or allocated to, such district or any territory therein, in the amount, at the rate, or not to exceed the rate, and in the manner authorized in the district prior to the change in its boundaries, and further in accordance with the laws under which all such bonds, respectively, were voted; and such governing body also shall have the power, without the necessity of an additional election, to sell and deliver any unissued bonds voted in the district prior to any such change in boundaries, and to assess, levy and collect ad valorem taxes on all taxable property in the district as changed, for the payment of principal of and interest on such bonds in the manner permitted by the laws under which such bonds were voted. In those instances where the boundaries of any such independent school district are changed by the annexation of, or consolidation with, one or more whole school districts, the taxes to be levied for the purposes hereinabove authorized may be in the amount or at not to exceed the rate theretofore voted in the district having at the time of such change the greatest scholastic population according to the latest scholastic census and only the unissued bonds of such district voted prior to such change, may be subsequently sold and delivered and any voted, but unissued, bonds of other school districts involved in such annexation or consolidation shall not thereafter be issued.

SECTION 4. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 4, 2025. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment outlines the responsibilities of the Texas Legislature and Independent School Districts (ISDs) regarding the funding, governance, and management of free public schools, including the collection and distribution of ad valorem taxes, limitations on ISD debt, and emphasizing parental rights and oversight of school district operations.