82R1800 EAH-D
By: Alonzo H.J.R. No. 96
A JOINT RESOLUTION
proposing a constitutional amendment abolishing the State Board of
Education and transferring the board's constitutional functions to
the Texas Education Agency.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3(b), Article VII, Texas Constitution,
is amended to read as follows:
(b) It shall be the duty of the Texas Education Agency
[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.
SECTION 2. Section 4, Article VII, Texas Constitution, is
amended to read as follows:
Sec. 4. The lands herein set apart to the Public Free School
fund, shall be sold under such regulations, at such times, and on
such terms as may be prescribed by law; and the Legislature shall
not have power to grant any relief to purchasers thereof. The
proceeds of such sales must be used to acquire other land for the
Public Free School fund as provided by law or the proceeds shall be
invested by the comptroller of public accounts, as may be directed
by the Texas Education Agency [Board of Education] herein provided
for, in the bonds of the United States, the State of Texas, or
counties in said State, or in such other securities, and under such
restrictions as may be prescribed by law; and the State shall be
responsible for all investments.
SECTION 3. Sections 5(a) and (f), Article VII, Texas
Constitution, are amended to read as follows:
(a) The permanent school fund consists of all land
appropriated for public schools by this constitution or the other
laws of this state, other properties belonging to the permanent
school fund, and all revenue derived from the land or other
properties. The available school fund consists of the distributions
made to it from the total return on all investment assets of the
permanent school fund, the taxes authorized by this constitution or
general law to be part of the available school fund, and
appropriations made to the available school fund by the
legislature. The total amount distributed from the permanent school
fund to the available school fund:
(1) in each year of a state fiscal biennium must be an
amount that is not more than six percent of the average of the
market value of the permanent school fund, excluding real property
belonging to the fund that is managed, sold, or acquired under
Section 4 of this article, on the last day of each of the 16 state
fiscal quarters preceding the regular session of the legislature
that begins before that state fiscal biennium, in accordance with
the rate adopted by:
(A) the Texas Education Agency [a vote of
two-thirds of the total membership of the State Board of Education,
taken] before the regular session of the legislature convenes; or
(B) the legislature by general law or
appropriation, if the Texas Education Agency [State Board of
Education] does not adopt a rate as provided by Paragraph (A) of
this subdivision; and
(2) over the 10-year period consisting of the current
state fiscal year and the nine preceding state fiscal years may not
exceed the total return on all investment assets of the permanent
school fund over the same 10-year period.
(f) Notwithstanding any other provision of this
constitution, in managing the assets of the permanent school fund,
the Texas Education Agency [State Board of Education] may acquire,
exchange, sell, supervise, manage, or retain, through procedures
and subject to restrictions it establishes and in amounts it
considers appropriate, any kind of investment[, including
investments in the Texas growth fund created by Article XVI,
Section 70, of this constitution,] that persons of ordinary
prudence, discretion, and intelligence, exercising the judgment
and care under the circumstances then prevailing, acquire or retain
for their own account in the management of their affairs, not in
regard to speculation but in regard to the permanent disposition of
their funds, considering the probable income as well as the
probable safety of their capital.
SECTION 4. Section 8, Article VII, Texas Constitution, is
amended to read as follows:
Sec. 8. The Legislature shall provide by law for a Texas
Education Agency [State Board of Education, whose members shall be
appointed or elected in such manner and by such authority and shall
serve for such terms as the Legislature shall prescribe not to
exceed six years]. The agency [said board] shall perform such
duties as may be prescribed by law.
SECTION 5. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment abolishing the State
Board of Education and transferring the board's constitutional
functions to the Texas Education Agency."