| 1 | 1 | | 81R19849 PAM-F |
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| 2 | 2 | | By: Raymond H.J.R. No. 142 |
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| 3 | 3 | | Substitute the following for H.J.R. No. 142: |
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| 4 | 4 | | By: Gonzales C.S.H.J.R. No. 142 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A JOINT RESOLUTION |
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| 8 | 8 | | proposing a constitutional amendment relating to the disposition of |
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| 9 | 9 | | proceeds from the development or sale of the rights to natural |
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| 10 | 10 | | resources or minerals in land held by Webb County for the county |
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| 11 | 11 | | permanent school fund. |
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| 12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 6, Article VII, Texas Constitution, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 6. (a) All lands heretofore, or hereafter granted to |
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| 16 | 16 | | the several counties of this State for educational purposes, are of |
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| 17 | 17 | | right the property of said counties respectively, to which they |
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| 18 | 18 | | were granted, and title thereto is vested in said counties, and no |
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| 19 | 19 | | adverse possession or limitation shall ever be available against |
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| 20 | 20 | | the title of any county. Each county may sell or dispose of its |
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| 21 | 21 | | lands in whole or in part, in manner to be provided by the |
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| 22 | 22 | | Commissioners Court of the county. Said lands, and, except as |
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| 23 | 23 | | provided by Subsection (b) of this section, the proceeds thereof, |
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| 24 | 24 | | when sold, shall be held by said counties alone as a trust for the |
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| 25 | 25 | | benefit of public schools therein; said proceeds to be invested in |
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| 26 | 26 | | bonds of the United States, the State of Texas, or counties in said |
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| 27 | 27 | | State, or in such other securities, and under such restrictions as |
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| 28 | 28 | | may be prescribed by law; and the counties shall be responsible for |
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| 29 | 29 | | all investments; the interest thereon, and other revenue, except |
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| 30 | 30 | | the principal shall be available fund. |
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| 31 | 31 | | (b) Webb County may: |
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| 32 | 32 | | (1) develop or sell the rights to natural resources or |
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| 33 | 33 | | minerals in lands held in trust by Webb County under this section; |
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| 34 | 34 | | and |
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| 35 | 35 | | (2) enter into an agreement with the school districts |
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| 36 | 36 | | for which the lands are held in trust that allows Webb County to: |
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| 37 | 37 | | (A) obtain from the proceeds of a disposition |
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| 38 | 38 | | under Subdivision (1) of this subsection reimbursement of |
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| 39 | 39 | | reasonable and necessary expenses incurred by Webb County in |
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| 40 | 40 | | connection with the disposition; and |
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| 41 | 41 | | (B) distribute the proceeds remaining after |
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| 42 | 42 | | reimbursement under Paragraph (A) of this subdivision to each |
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| 43 | 43 | | school district for which the lands are held in trust according to |
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| 44 | 44 | | each school district's scholastic population. |
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| 45 | 45 | | SECTION 2. This proposed constitutional amendment shall be |
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| 46 | 46 | | submitted to the voters at an election to be held November 3, 2009. |
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| 47 | 47 | | The ballot shall be printed to permit voting for or against the |
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| 48 | 48 | | proposition: "The constitutional amendment to authorize Webb |
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| 49 | 49 | | County to obtain proceeds of the county permanent school fund and |
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| 50 | 50 | | recover expenses from proceeds of the county permanent school fund |
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| 51 | 51 | | incurred by the county in a transaction to develop or sell the |
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| 52 | 52 | | rights to natural resources or minerals in county permanent school |
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| 53 | 53 | | fund property and distribute the proceeds remaining after |
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| 54 | 54 | | reimbursement to the school districts for which the property is |
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| 55 | 55 | | held in trust." |
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