S.J.R. No. 7
SENATE JOINT RESOLUTION
1-1 proposing constitutional amendments relating to the support and
1-2 maintenance of public schools.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article VII of the Texas Constitution is amended
1-5 by adding Section 3-c to read as follows:
1-6 Sec. 3-c. (a) The legislature may redistribute among other
1-7 school districts ad valorem taxes levied and collected by a school
1-8 district, as determined by general law.
1-9 (b) The legislature may create county education districts
1-10 with the taxable property of existing school districts in one or
1-11 more counties combined. A county education district may levy,
1-12 collect, and distribute ad valorem taxes as authorized by general
1-13 law. The legislature may set the rate of the tax, as determined by
1-14 general law, to be imposed in a school district or county education
1-15 district or may authorize the board of trustees of each school
1-16 district or county education district to set the rate, provided
1-17 that the rate of county education district ad valorem taxes may not
1-18 exceed $1.00 per $100 valuation of taxable property, as determined
1-19 by law, unless a higher rate is approved by the voters of the
1-20 district.
1-21 (c) The amount redistributed among school districts by the
1-22 legislature under Subsection (a) of this section and effectively
1-23 redistributed within a county through county education districts
1-24 under Subsection (b) of this section may not exceed 2.75 percent of
2-1 the sum of the state revenue appropriated for public schools and
2-2 the revenue from local ad valorem taxes levied and collected for
2-3 public schools. For purposes of this section, state revenue does
2-4 not include revenue from ad valorem taxes, revenue for the
2-5 provision of free textbooks, or contributions to a retirement
2-6 system.
2-7 (d) This section does not affect the distribution of the
2-8 available school fund under Article VII, Section 5, of this
2-9 constitution.
2-10 SECTION 2. Article VII of the Texas Constitution is amended
2-11 by adding Section 8a to read as follows:
2-12 Sec. 8a. (a) Except for state educational mandates imposed
2-13 in compliance with this constitution or federal law, or unless
2-14 enacted by a vote of at least two-thirds of the members elected to
2-15 each house, a school district may not be required to comply with an
2-16 obligation requiring expenditure of school district funds unless
2-17 the obligation is fully funded.
2-18 (b) The legislature shall provide by law a procedure for
2-19 determining whether an obligation is fully funded for purposes of
2-20 Subsection (a) of this section. In the absence of such a
2-21 procedure, at the request of the board of trustees of a school
2-22 district the comptroller of public accounts shall determine whether
2-23 or not an obligation is fully funded for purposes of Subsection (a)
2-24 of this section.
2-25 (c) This section applies only to state educational mandates
2-26 enacted after December 31, 1993.
2-27 SECTION 3. The constitutional amendment proposed by Section
3-1 1 of this joint resolution shall be submitted to the voters at an
3-2 election to be held May 1, 1993. The ballot shall be printed to
3-3 provide for voting for or against the proposition: "The
3-4 constitutional amendment allowing limited redistribution of ad
3-5 valorem taxes for schools, authorizing the legislature or local
3-6 districts to set a minimum tax rate in county education districts,
3-7 and placing a cap on the ad valorem tax levied by county education
3-8 districts."
3-9 SECTION 4. The constitutional amendment proposed by Section
3-10 2 of this joint resolution shall be submitted to the voters at an
3-11 election to be held May 1, 1993. The ballot shall be printed to
3-12 provide for voting for or against the proposition: "The
3-13 constitutional amendment exempting a school district from the
3-14 obligation to comply with unfunded state educational mandates."