Texas 2019 - 86th Regular

Texas House Bill HJR113 Compare Versions

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11 86R343 CAE-D
22 By: King of Hemphill H.J.R. No. 113
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55 A JOINT RESOLUTION
66 proposing a constitutional amendment requiring the state to pay at
77 least 50 percent of the cost of maintaining and operating the public
88 school system and prohibiting the comptroller from certifying
99 legislation containing an appropriation for public education
1010 unless the requirement is met.
1111 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 1, Article VII, Texas Constitution, is
1313 amended to read as follows:
1414 Sec. 1. A general diffusion of knowledge being essential to
1515 the preservation of the liberties and rights of the people, it shall
1616 be the duty of the Legislature of the State to establish and make
1717 suitable provision for the support and maintenance of an efficient
1818 system of public free schools by providing State funding in an
1919 amount that constitutes, as determined by the Legislature, at least
2020 50 percent of the cost of maintaining and operating that system.
2121 SECTION 2. Section 49a, Article III, Texas Constitution, is
2222 amended by amending Subsection (b) and adding Subsection (c) to
2323 read as follows:
2424 (b) Except in the case of emergency and imperative public
2525 necessity and with a four-fifths vote of the total membership of
2626 each House, no appropriation in excess of the cash and anticipated
2727 revenue of the funds from which such appropriation is to be made
2828 shall be valid. No bill containing an appropriation shall be
2929 considered as passed or be sent to the Governor for consideration
3030 until and unless:
3131 (1) the Comptroller of Public Accounts endorses the
3232 Comptroller's [his] certificate thereon showing that the amount
3333 appropriated is within the amount estimated to be available in the
3434 affected funds; and
3535 (2) if the bill makes an appropriation for the general
3636 maintenance and operation of the system of public free schools, the
3737 Comptroller additionally certifies that the appropriation,
3838 together with all other appropriations made for the general
3939 maintenance and operation of that system for the same period,
4040 complies with the requirement of Section 1, Article VII, of this
4141 constitution.
4242 (c) When the Comptroller finds an appropriation bill
4343 exceeds the estimated revenue or, if applicable, fails to comply
4444 with Section 1, Article VII, of this constitution, the Comptroller
4545 [he] shall endorse such finding thereon and return to the House in
4646 which same originated. Such information shall be immediately made
4747 known to both the House of Representatives and the Senate and the
4848 necessary steps shall be taken to, as applicable:
4949 (1) bring such appropriation to within the revenue,
5050 either by providing additional revenue or reducing the
5151 appropriation; or
5252 (2) comply with Section 1, Article VII, of this
5353 constitution.
5454 SECTION 3. This proposed constitutional amendment shall be
5555 submitted to the voters at an election to be held November 5, 2019.
5656 The ballot shall be printed to permit voting for or against the
5757 proposition: "The constitutional amendment requiring the state to
5858 pay at least 50 percent of the cost of maintaining and operating the
5959 public school system and prohibiting the comptroller from
6060 certifying legislation containing an appropriation for public
6161 education unless the requirement is met."