HJR210 - Proposing a constitutional amendment related to the funding and support of public free schools.

      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.