| 1 | 1 | | 89R3471 MEW-D |
|---|
| 2 | 2 | | By: Zwiener H.J.R. No. 125 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A JOINT RESOLUTION |
|---|
| 8 | 8 | | proposing a constitutional amendment requiring the state to pay at |
|---|
| 9 | 9 | | least 50 percent of the cost of maintaining and operating the public |
|---|
| 10 | 10 | | school system and prohibiting the comptroller from certifying |
|---|
| 11 | 11 | | legislation containing an appropriation for public education |
|---|
| 12 | 12 | | unless the requirement is met. |
|---|
| 13 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Section 1, Article VII, Texas Constitution, is |
|---|
| 15 | 15 | | amended to read as follows: |
|---|
| 16 | 16 | | Sec. 1. A general diffusion of knowledge being essential to |
|---|
| 17 | 17 | | the preservation of the liberties and rights of the people, it shall |
|---|
| 18 | 18 | | be the duty of the Legislature of the State to establish and make |
|---|
| 19 | 19 | | suitable provision for the support and maintenance of an efficient |
|---|
| 20 | 20 | | system of public free schools by providing State funding in an |
|---|
| 21 | 21 | | amount that constitutes, as determined by the Legislature, at least |
|---|
| 22 | 22 | | 50 percent of the cost of maintaining and operating that system. In |
|---|
| 23 | 23 | | calculating the amount of State funding required under this |
|---|
| 24 | 24 | | section, the Legislature may not consider money that is |
|---|
| 25 | 25 | | attributable to an ad valorem tax imposed by a school district on |
|---|
| 26 | 26 | | property located in the school district, including any revenue the |
|---|
| 27 | 27 | | school district is required to transfer to the State to reduce the |
|---|
| 28 | 28 | | school district's local revenue level in excess of entitlement. |
|---|
| 29 | 29 | | SECTION 2. Section 49a, Article III, Texas Constitution, is |
|---|
| 30 | 30 | | amended by amending Subsection (b) and adding Subsection (c) to |
|---|
| 31 | 31 | | read as follows: |
|---|
| 32 | 32 | | (b) Except in the case of emergency and imperative public |
|---|
| 33 | 33 | | necessity and with a four-fifths vote of the total membership of |
|---|
| 34 | 34 | | each House, no appropriation in excess of the cash and anticipated |
|---|
| 35 | 35 | | revenue of the funds from which such appropriation is to be made |
|---|
| 36 | 36 | | shall be valid. No bill containing an appropriation shall be |
|---|
| 37 | 37 | | considered as passed or be sent to the Governor for consideration |
|---|
| 38 | 38 | | until and unless: |
|---|
| 39 | 39 | | (1) the Comptroller of Public Accounts endorses the |
|---|
| 40 | 40 | | Comptroller's [his] certificate thereon showing that the amount |
|---|
| 41 | 41 | | appropriated is within the amount estimated to be available in the |
|---|
| 42 | 42 | | affected funds; and |
|---|
| 43 | 43 | | (2) if the bill makes an appropriation for the general |
|---|
| 44 | 44 | | maintenance and operation of the system of public free schools, the |
|---|
| 45 | 45 | | Comptroller additionally certifies that the appropriation, |
|---|
| 46 | 46 | | together with all other appropriations made for the general |
|---|
| 47 | 47 | | maintenance and operation of that system for the same period, |
|---|
| 48 | 48 | | complies with the requirement of Section 1, Article VII, of this |
|---|
| 49 | 49 | | constitution. |
|---|
| 50 | 50 | | (c) When the Comptroller finds an appropriation bill |
|---|
| 51 | 51 | | exceeds the estimated revenue or, if applicable, fails to comply |
|---|
| 52 | 52 | | with Section 1, Article VII, of this constitution, the Comptroller |
|---|
| 53 | 53 | | [he] shall endorse such finding thereon and return to the House in |
|---|
| 54 | 54 | | which same originated. Such information shall be immediately made |
|---|
| 55 | 55 | | known to both the House of Representatives and the Senate and the |
|---|
| 56 | 56 | | necessary steps shall be taken to, as applicable: |
|---|
| 57 | 57 | | (1) bring such appropriation to within the revenue, |
|---|
| 58 | 58 | | either by providing additional revenue or reducing the |
|---|
| 59 | 59 | | appropriation; or |
|---|
| 60 | 60 | | (2) comply with Section 1, Article VII, of this |
|---|
| 61 | 61 | | constitution. |
|---|
| 62 | 62 | | SECTION 3. This proposed constitutional amendment shall be |
|---|
| 63 | 63 | | submitted to the voters at an election to be held November 4, 2025. |
|---|
| 64 | 64 | | The ballot shall be printed to permit voting for or against the |
|---|
| 65 | 65 | | proposition: "The constitutional amendment requiring the state to |
|---|
| 66 | 66 | | pay at least 50 percent of the cost of maintaining and operating the |
|---|
| 67 | 67 | | public school system and prohibiting the comptroller from |
|---|
| 68 | 68 | | certifying legislation containing an appropriation for public |
|---|
| 69 | 69 | | education unless the requirement is met." |
|---|