89R3471 MEW-D
By: Zwiener H.J.R. No. 125
A JOINT RESOLUTION
proposing a constitutional amendment requiring the state to pay at
least 50 percent of the cost of maintaining and operating the public
school system and prohibiting the comptroller from certifying
legislation containing an appropriation for public education
unless the requirement is met.
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 by providing State funding in an
amount that constitutes, as determined by the Legislature, at least
50 percent of the cost of maintaining and operating that system. In
calculating the amount of State funding required under this
section, the Legislature may not consider money that is
attributable to an ad valorem tax imposed by a school district on
property located in the school district, including any revenue the
school district is required to transfer to the State to reduce the
school district's local revenue level in excess of entitlement.
SECTION 2. Section 49a, Article III, Texas Constitution, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Except in the case of emergency and imperative public
necessity and with a four-fifths vote of the total membership of
each House, no appropriation in excess of the cash and anticipated
revenue of the funds from which such appropriation is to be made
shall be valid. No bill containing an appropriation shall be
considered as passed or be sent to the Governor for consideration
until and unless:
(1) the Comptroller of Public Accounts endorses the
Comptroller's [his] certificate thereon showing that the amount
appropriated is within the amount estimated to be available in the
affected funds; and
(2) if the bill makes an appropriation for the general
maintenance and operation of the system of public free schools, the
Comptroller additionally certifies that the appropriation,
together with all other appropriations made for the general
maintenance and operation of that system for the same period,
complies with the requirement of Section 1, Article VII, of this
constitution.
(c) When the Comptroller finds an appropriation bill
exceeds the estimated revenue or, if applicable, fails to comply
with Section 1, Article VII, of this constitution, the Comptroller
[he] shall endorse such finding thereon and return to the House in
which same originated. Such information shall be immediately made
known to both the House of Representatives and the Senate and the
necessary steps shall be taken to, as applicable:
(1) bring such appropriation to within the revenue,
either by providing additional revenue or reducing the
appropriation; or
(2) comply with Section 1, Article VII, of this
constitution.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2025.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment requiring the state to
pay at least 50 percent of the cost of maintaining and operating the
public school system and prohibiting the comptroller from
certifying legislation containing an appropriation for public
education unless the requirement is met."