82R9355 GCB-F
By: Elkins H.J.R. No. 104
A JOINT RESOLUTION
proposing a constitutional amendment relating to the support and
maintenance and an efficient system of public schools.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article VII, Texas Constitution, is
amended to read as follows:
Sec. 1. 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 public free schools so that every school district will
have substantially equal access to similar revenues per student at
similar levels of tax effort. A statute enacted by the Legislature
to provide for an efficient system or to provide for its support and
maintenance is presumed to meet the requirements of this
constitution if the statute rationally furthers a legitimate State
purpose or interest such as efficiency or local control.
SECTION 2. Section 3, Article VII, Texas Constitution, is
amended by amending Subsections (c) and (e) and adding Subsection
(f) to read as follows:
(c) The Legislature may make appropriations [Should the
taxation herein named be insufficient the deficit may be met by
appropriation] from the general funds of the State for the support
of the public free schools, and a statute enacted by the Legislature
setting the amount of those appropriations or the method by which
they are distributed is presumed to meet the requirements of this
constitution if the statute rationally furthers a legitimate State
purpose or interest such as efficiency or local control.
(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. The [,
and the] Legislature by general law may authorize each school
district to impose an [additional] ad valorem local 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.
(f) A law authorized by this section providing for the
imposition of local taxes by school districts is presumed to meet
the requirements of this constitution if there is any evidence that
the law rationally furthers a legitimate State purpose or interest.
SECTION 3. (a) This proposed constitutional amendment
shall be submitted to the voters at an election to be held November
8, 2011.
(b) This proposed constitutional amendment shall be printed
on the ballot as one proposition and in a manner to permit voting
for or against the proposition: "The constitutional amendment:
(1) providing for equal educational opportunity;
(2) providing for local control by all school
districts of local taxes levied for the support of public schools;
(3) providing for legislative control of the methods
by which state funds are distributed to school districts; and
(4) restricting the power of the courts to overturn a
legislative decision regarding the system of or support for public
education."