HBA-GUM, MPM H.J.R. 10 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 10 By: Culberson Public Education 4/21/1999 Introduced BACKGROUND AND PURPOSE The Texas Constitution requires the legislature to establish and make suitable provision for the support and maintenance of an efficient system of free public schools. H.J.R. 10 requires the legislature to establish public free schools in a manner such that every school district will have equal access to similar revenues per student at similar levels of tax effort. This bill removes the requirement to levy and collect an annual ad valorem tax not to exceed 35 cents on $100, and the provision stating that revenue from a poll tax be set apart to fund the public schools. This bill also authorizes the legislature to make appropriations from the general funds of the state for the support of the public schools and to authorize each district to impose an ad valorem local tax, rather than authorize the legislature to pass laws for the collection of taxes in school districts. In addition, this bill provides that the amendments made to the law are constitutional if they rationally further a legitimate state purpose or interest. As proposed, H.J.R. 10 requires the submission to the voters of a constitutional amendment providing for equal educational opportunity; providing for local control by all school districts of local taxes levied for the support of public schools; providing for legislative control of the distribution of state funds to school districts, and of the formation of school districts; and restricting the power of the courts to overturn a legislative decision regarding the system of or support for public education by adopting federal constitutional law that also preserves equal access to the courts. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1, Article VII, Texas Constitution, to require the legislature to establish and make suitable provision for the support and maintenance of an efficient system of public free schools so that every school district will have equal access to similar revenues per student at similar levels of tax effort. Specifies that a statute enacted by the legislature to provide for an efficient system or its support and maintenance is constitutional if the statute rationally furthers a legitimate state purpose or interest, such as efficiency or local control. SECTION 2. Amends Section 3, Article VII, Texas Constitution, as follows: Sec. 3. (a) Created from existing text. Provides that one-fourth of the revenue derived from the state occupation taxes, rather than from state occupation taxes and the poll tax of one dollar on every inhabitant of the state between the ages of 21 and 60 years, shall be set apart annually for public schools. Removes the requirement to levy and collect an annual ad valorem tax not to exceed 35 cents on $100. Requires the State Board of Education to set aside a sufficient amount of revenue to provide free text books. Authorizes the legislature to make appropriations from the general funds of the state for the support of the public free schools. Specifies that a statute enacted by the legislature setting the amount of the appropriations or the method by which they are distributed is constitutional if the statute rationally furthers a legitimate state purpose or interest such as efficiency or local control. Makes conforming changes. (b) Deletes language stating that the legislature is authorized to pass laws for the assessment and collection of taxes in school districts. Authorizes the legislature, by general law, to authorize each district to impose an ad valorem local tax. Deletes language stating that said tax is to be levied and collected within all districts. Makes conforming and nonsubstantive changes. (c) Sets forth that a law providing for the imposition of local taxes by school districts is constitutional if the law rationally furthers a legitimate state purpose or interest. SECTION 3. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth the required language for the ballot.