82R10739 PAM-D
By: Williams S.J.R. No. 46
A JOINT RESOLUTION
proposing a constitutional amendment relating to county delegation
of authority regarding the disposition of county school lands and
proceeds of a county permanent school fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6, Article VII, Texas Constitution, is
amended to read as follows:
Sec. 6. (a) All lands heretofore, or hereafter granted to
the several counties of this State for educational purposes, are of
right the property of said counties respectively, to which they
were granted, and title thereto is vested in said counties, and no
adverse possession or limitation shall ever be available against
the title of any county. Each county may sell or dispose of its
lands in whole or in part, in manner to be provided by the
Commissioners Court of the county. Said lands, and the proceeds
thereof, when sold, shall be held by said counties alone as a trust
for the benefit of public schools therein; said proceeds to be
invested in 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 counties shall be
responsible for all investments; the interest thereon, and other
revenue, except the principal shall be available fund.
(b) Notwithstanding the limitations provided by Subsection
(a) of this section, each county may:
(1) delegate to the boards of trustees of the school
districts for which the lands are held in trust by the county under
this section the county's authority under Subsection (a) of this
section to:
(A) sell, lease, or otherwise dispose of the
lands held in trust; or
(B) develop or sell the rights to natural
resources or minerals in the lands held in trust;
(2) enter into an agreement with the boards of
trustees of the school districts for which the lands are held in
trust by the county under this section to jointly develop or sell
the rights to natural resources or minerals in the lands held in
trust and share with those school districts:
(A) the expenses incurred in connection with a
disposition under this subdivision; and
(B) the revenue generated in connection with a
disposition under this subdivision; and
(3) delegate the county's authority to invest and
manage all or part of the proceeds of the county permanent school
fund to:
(A) the boards of trustees of the school
districts for which the lands are held in trust by the county under
this section; or
(B) a financial institution selected in the
manner determined by the Commissioners Court of the county.
(c) The proceeds from a disposition of land authorized under
Subsection (b) of this section shall be held by the county as a
trust for the benefit of the school districts as provided by
Subsection (a) of this section, except as permitted by Subsection
(b)(2) or (3) of this section.
SECTION 2. 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 to authorize the
delegation of authority regarding the disposition of county school
lands from a county to the school districts for which the lands are
held in trust and the delegation of authority to manage and invest
proceeds of a county permanent school fund from a county to the
school districts for which the lands are held in trust or a
financial institution selected by the county."