Texas 2025 - 89th Regular

Texas House Bill HJR210 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Virdell H.J.R. No. 210
	2	+
	3	+
2	4
3	5
4	6		A JOINT RESOLUTION
5	7		proposing a constitutional amendment related to the funding and
6	8		support of public free schools.
7	9		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 1, Article VII, Texas Constitution, is
9	11		amended by adding Section 1A to read as follows:
10	12		Sec. 1. SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE
11	13		SCHOOLS. A general diffusion of knowledge being essential to the
12	14		preservation of the liberties and rights of the people, it shall be
13	15		the duty of the Legislature of the State to establish and make
14	16		suitable provision for the support and maintenance of an efficient
15	17		system of free schools for the purpose of advancing the skills and
16	18		knowledge of reading, writing, mathematics, social studies,
17	19		science, art, and vocation.
18	20		Sec. 1A. FUNDING FOR FREE PUBLIC SCHOOLS. (a) The State
19	21		shall collect ad valorem taxes to fund free public schools.
20	22		(1) The Texas Comptroller of Public Accounts shall be
21	23		responsible for the collection and distribution of ad valorem taxes
22	24		to each Independent School District.
23	25		(2) Funding for free public schools shall be
24	26		apportioned equally per student among all Independent School
25	27		Districts based on average daily student enrollment per school
26	28		year.
27	29		(b) Independent School Districts may not collect ad valorem
28	30		tax for the purpose of funding public free schools.
29	31		(c) Independent School Districts are prohibited from
30	32		incurring debt to fund free public schools.
31	33		(d) It shall be the duty of the Legislature to determine the
32	34		proper amount and method of ad valorem taxation to be collected for
33	35		the funding of free public schools.
34	36		(e) If an Independent School District has accrued debt prior
35	37		to June 1st, 2025, it shall become the responsibility of the State
36	38		to provide financial assistance to repay the debt as determined by
37	39		the Legislature.
38	40		(f) An Independent School District may request additional
39	41		funding from the Legislature for the purpose of refurbishing an
40	42		existing structure or new construction.
41	43		(g) The Legislature may authorize Educational Savings
42	44		Accounts, allowing students to independently fund their education
43	45		outside of Independent School Districts. The amount allocated to
44	46		each account shall not exceed the per-student funding provided to
45	47		Independent School Districts. The Legislature shall review and
46	48		approve the number of participants in the Educational Savings
47	49		Account program at least once every six years. Additionally, the
48	50		Legislature will establish the method for distributing funds to
49	51		these accounts.
50	52		(h) A parent or guardian of a person under the age of 18 has
51	53		the right to not participate in state funded education and may
52	54		pursue education at the discretion of the parent or guardian. The
53	55		Legislature shall not mandate educational requirements on a person
54	56		whose parent or guardian chooses not to participate in state funded
55	57		education.
56	58		Sec. 1B. INDEPENDENT SCHOOL DISTRICTS. (a) The State shall
57	59		establish and recognize political subdivisions referred to as an
58	60		Independent School Districts based on region and population. An
59	61		Independent School District may embrace parts of two or more
60	62		counties.
61	63		(b) An Independent School District shall be comprised of a
62	64		Board of Trustees to manage and oversee all operations of the
63	65		Independent School District.
64	66		(c) An Independent School District cannot be comprised of
65	67		more than 20,000 students. If an Independent School District
66	68		exceeds 20,000 students, a new Independent School District must be
67	69		created by the Legislature.
68	70		(d) The Board of Trustees of each Independent School
69	71		District will be responsible for determining the proper allocation
70	72		of funds.
71	73		(e) The Board of Trustees shall consist of seven members and
72	74		each member shall be elected by residents within the boundaries of
73	75		the Independent School District to serve a term of four years.
74	76		(f) The Legislature shall ensure all government code is in
75	77		compliance with Article 7, Section 1 of the Texas Constitution by
76	78		January 13th, 2029.
77	79		SECTION 2. Section 3, Article VII, Texas Constitution, is
78	80		amended to read as follows:
79	81		Sec. 3. TAXES FOR BENEFIT OF SCHOOLS; PROVISION OF FREE TEXT
80	82		BOOKS; SCHOOL DISTRICTS. (a) One-fourth of the revenue derived
81	83		from the State occupation taxes shall be set apart annually for the
82	84		benefit of the public free schools.
83	85		(b) It shall be the duty of the State Board of Education to
84	86		set aside a sufficient amount of available funds to provide free
85	87		text books for the use of children attending the public free schools
86	88		of this State.
87	89		(c) Should the taxation herein named be insufficient the
88	90		deficit may be met by appropriation from the general funds of the
89	91		State.
90	92		(d) The Legislature may provide for the formation of school
91	93		districts by general laws, all such school districts may embrace
92	94		parts of two or more counties.
93	95		(e) The Legislature shall be authorized to pass laws for the
94	96		assessment and collection of taxes in all school districts and for
95	97		the management and control of the public school or schools of such
96	98		districts, whether such districts are composed of territory wholly
97	99		within a county or in parts of two or more counties, and the
98	100		Legislature may authorize an additional ad valorem tax to be levied
99	101		and collected within all school districts for the further
100	102		maintenance of public free schools, and for the erection and
101	103		equipment of school buildings therein; provided that a majority of
102	104		the qualified voters of the district voting at an election to be
103	105		held for that purpose, shall approve the tax.
104	106		SECTION 3. Section 3-b, Article VII, Texas Constitution, is
105	107		amended to read as follows:
106	108		Sec. 3-b. INDEPENDENT SCHOOL DISTRICT AND JUNIOR COLLEGE
107	109		DISTRICT TAXES AND BONDS NOT AFFECTED BY CHANGES IN BOUNDARIES. No
108	110		tax for the maintenance of public free schools voted in any
109	111		independent school district and no tax for the maintenance of a
110	112		junior college voted by a junior college district, nor any bonds
111	113		voted in any such district, but unissued, shall be abrogated,
112	114		cancelled or invalidated by change of any kind in the boundaries
113	115		thereof. After any change in boundaries, the governing body of any
114	116		such district, without the necessity of an additional election,
115	117		shall have the power to assess, levy and collect ad valorem taxes on
116	118		all taxable property within the boundaries of the district as
117	119		changed, for the purposes of the maintenance of public free schools
118	120		or the maintenance of a junior college, as the case may be, and the
119	121		payment of principal of and interest on all bonded indebtedness
120	122		outstanding against, or attributable, adjusted or allocated to,
121	123		such district or any territory therein, in the amount, at the rate,
122	124		or not to exceed the rate, and in the manner authorized in the
123	125		district prior to the change in its boundaries, and further in
124	126		accordance with the laws under which all such bonds, respectively,
125	127		were voted; and such governing body also shall have the power,
126	128		without the necessity of an additional election, to sell and
127	129		deliver any unissued bonds voted in the district prior to any such
128	130		change in boundaries, and to assess, levy and collect ad valorem
129	131		taxes on all taxable property in the district as changed, for the
130	132		payment of principal of and interest on such bonds in the manner
131	133		permitted by the laws under which such bonds were voted. In those
132	134		instances where the boundaries of any such independent school
133	135		district are changed by the annexation of, or consolidation with,
134	136		one or more whole school districts, the taxes to be levied for the
135	137		purposes hereinabove authorized may be in the amount or at not to
136	138		exceed the rate theretofore voted in the district having at the time
137	139		of such change the greatest scholastic population according to the
138	140		latest scholastic census and only the unissued bonds of such
139	141		district voted prior to such change, may be subsequently sold and
140	142		delivered and any voted, but unissued, bonds of other school
141	143		districts involved in such annexation or consolidation shall not
142	144		thereafter be issued.
143	145		SECTION 4. This proposed constitutional amendment shall be
144	146		submitted to the voters at an election to be held November 4, 2025.
145	147		The ballot shall be printed to permit voting for or against the
146	148		proposition: "The constitutional amendment outlines the
147	149		responsibilities of the Texas Legislature and Independent School
148	150		Districts (ISDs) regarding the funding, governance, and management
149	151		of free public schools, including the collection and distribution
150	152		of ad valorem taxes, limitations on ISD debt, and emphasizing
151	153		parental rights and oversight of school district operations.