By: Virdell H.J.R. No. 210
A JOINT RESOLUTION
proposing a constitutional amendment related to the funding and
support of public free schools.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article VII, Texas Constitution, is
amended by adding Section 1A to read as follows:
Sec. 1. SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE
SCHOOLS. 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 free schools for the purpose of advancing the skills and
knowledge of reading, writing, mathematics, social studies,
science, art, and vocation.
Sec. 1A. FUNDING FOR FREE PUBLIC SCHOOLS. (a) The State
shall collect ad valorem taxes to fund free public schools.
(1) The Texas Comptroller of Public Accounts shall be
responsible for the collection and distribution of ad valorem taxes
to each Independent School District.
(2) Funding for free public schools shall be
apportioned equally per student among all Independent School
Districts based on average daily student enrollment per school
year.
(b) Independent School Districts may not collect ad valorem
tax for the purpose of funding public free schools.
(c) Independent School Districts are prohibited from
incurring debt to fund free public schools.
(d) It shall be the duty of the Legislature to determine the
proper amount and method of ad valorem taxation to be collected for
the funding of free public schools.
(e) If an Independent School District has accrued debt prior
to June 1st, 2025, it shall become the responsibility of the State
to provide financial assistance to repay the debt as determined by
the Legislature.
(f) An Independent School District may request additional
funding from the Legislature for the purpose of refurbishing an
existing structure or new construction.
(g) The Legislature may authorize Educational Savings
Accounts, allowing students to independently fund their education
outside of Independent School Districts. The amount allocated to
each account shall not exceed the per-student funding provided to
Independent School Districts. The Legislature shall review and
approve the number of participants in the Educational Savings
Account program at least once every six years. Additionally, the
Legislature will establish the method for distributing funds to
these accounts.
(h) A parent or guardian of a person under the age of 18 has
the right to not participate in state funded education and may
pursue education at the discretion of the parent or guardian. The
Legislature shall not mandate educational requirements on a person
whose parent or guardian chooses not to participate in state funded
education.
Sec. 1B. INDEPENDENT SCHOOL DISTRICTS. (a) The State shall
establish and recognize political subdivisions referred to as an
Independent School Districts based on region and population. An
Independent School District may embrace parts of two or more
counties.
(b) An Independent School District shall be comprised of a
Board of Trustees to manage and oversee all operations of the
Independent School District.
(c) An Independent School District cannot be comprised of
more than 20,000 students. If an Independent School District
exceeds 20,000 students, a new Independent School District must be
created by the Legislature.
(d) The Board of Trustees of each Independent School
District will be responsible for determining the proper allocation
of funds.
(e) The Board of Trustees shall consist of seven members and
each member shall be elected by residents within the boundaries of
the Independent School District to serve a term of four years.
(f) The Legislature shall ensure all government code is in
compliance with Article 7, Section 1 of the Texas Constitution by
January 13th, 2029.
SECTION 2. Section 3, Article VII, Texas Constitution, is
amended to read as follows:
Sec. 3. TAXES FOR BENEFIT OF SCHOOLS; PROVISION OF FREE TEXT
BOOKS; SCHOOL DISTRICTS. (a) One-fourth of the revenue derived
from the State occupation taxes shall be set apart annually for the
benefit of the public free schools.
(b) It shall be the duty of the State Board of Education to
set aside a sufficient amount of available funds to provide free
text books for the use of children attending the public free schools
of this State.
(c) Should the taxation herein named be insufficient the
deficit may be met by appropriation from the general funds of the
State.
(d) The Legislature may provide for the formation of school
districts by general laws, all such school districts may embrace
parts of two or more counties.
(e) The Legislature shall be authorized to pass laws for the
assessment and collection of taxes in all school districts and for
the management and control of the public school or schools of such
districts, whether such districts are composed of territory wholly
within a county or in parts of two or more counties, and the
Legislature may authorize an additional ad valorem tax to be levied
and collected within all school districts for the further
maintenance of public free schools, and for the erection and
equipment of school buildings therein; provided that a majority of
the qualified voters of the district voting at an election to be
held for that purpose, shall approve the tax.
SECTION 3. Section 3-b, Article VII, Texas Constitution, is
amended to read as follows:
Sec. 3-b. INDEPENDENT SCHOOL DISTRICT AND JUNIOR COLLEGE
DISTRICT TAXES AND BONDS NOT AFFECTED BY CHANGES IN BOUNDARIES. No
tax for the maintenance of public free schools voted in any
independent school district and no tax for the maintenance of a
junior college voted by a junior college district, nor any bonds
voted in any such district, but unissued, shall be abrogated,
cancelled or invalidated by change of any kind in the boundaries
thereof. After any change in boundaries, the governing body of any
such district, without the necessity of an additional election,
shall have the power to assess, levy and collect ad valorem taxes on
all taxable property within the boundaries of the district as
changed, for the purposes of the maintenance of public free schools
or the maintenance of a junior college, as the case may be, and the
payment of principal of and interest on all bonded indebtedness
outstanding against, or attributable, adjusted or allocated to,
such district or any territory therein, in the amount, at the rate,
or not to exceed the rate, and in the manner authorized in the
district prior to the change in its boundaries, and further in
accordance with the laws under which all such bonds, respectively,
were voted; and such governing body also shall have the power,
without the necessity of an additional election, to sell and
deliver any unissued bonds voted in the district prior to any such
change in boundaries, and to assess, levy and collect ad valorem
taxes on all taxable property in the district as changed, for the
payment of principal of and interest on such bonds in the manner
permitted by the laws under which such bonds were voted. In those
instances where the boundaries of any such independent school
district are changed by the annexation of, or consolidation with,
one or more whole school districts, the taxes to be levied for the
purposes hereinabove authorized may be in the amount or at not to
exceed the rate theretofore voted in the district having at the time
of such change the greatest scholastic population according to the
latest scholastic census and only the unissued bonds of such
district voted prior to such change, may be subsequently sold and
delivered and any voted, but unissued, bonds of other school
districts involved in such annexation or consolidation shall not
thereafter be issued.
SECTION 4. 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 outlines the
responsibilities of the Texas Legislature and Independent School
Districts (ISDs) regarding the funding, governance, and management
of free public schools, including the collection and distribution
of ad valorem taxes, limitations on ISD debt, and emphasizing
parental rights and oversight of school district operations.