88R4017 MEW-D     By: Geren H.J.R. No. 76       A JOINT RESOLUTION   proposing a constitutional amendment requiring the state to pay at   least 50 percent of the cost of maintaining and operating the public   school system and prohibiting the comptroller from certifying   legislation containing an appropriation for public education   unless the requirement is met.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1, Article VII, Texas Constitution, is   amended to read as follows:          Sec. 1.  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 public free schools by providing State funding in an   amount that constitutes, as determined by the Legislature, at least   50 percent of the cost of maintaining and operating that system. In   calculating the amount of State funding required under this   section, the Legislature may not consider money that is   attributable to an ad valorem tax imposed by a school district on   property located in the school district, including any revenue the   school district is required to transfer to the State to reduce the   school district's local revenue level in excess of entitlement.          SECTION 2.  Section 49a, Article III, Texas Constitution, is   amended by amending Subsection (b) and adding Subsection (c) to   read as follows:          (b)  Except in the case of emergency and imperative public   necessity and with a four-fifths vote of the total membership of   each House, no appropriation in excess of the cash and anticipated   revenue of the funds from which such appropriation is to be made   shall be valid. No bill containing an appropriation shall be   considered as passed or be sent to the Governor for consideration   until and unless:                (1)  the Comptroller of Public Accounts endorses the   Comptroller's [his] certificate thereon showing that the amount   appropriated is within the amount estimated to be available in the   affected funds; and                (2)  if the bill makes an appropriation for the general   maintenance and operation of the system of public free schools, the   Comptroller additionally certifies that the appropriation,   together with all other appropriations made for the general   maintenance and operation of that system for the same period,   complies with the requirement of Section 1, Article VII, of this   constitution.          (c)  When the Comptroller finds an appropriation bill   exceeds the estimated revenue or, if applicable, fails to comply   with Section 1, Article VII, of this constitution, the Comptroller   [he] shall endorse such finding thereon and return to the House in   which same originated. Such information shall be immediately made   known to both the House of Representatives and the Senate and the   necessary steps shall be taken to, as applicable:                (1)  bring such appropriation to within the revenue,   either by providing additional revenue or reducing the   appropriation; or                (2)  comply with Section 1, Article VII, of this   constitution.          SECTION 3.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 7, 2023.   The ballot shall be printed to permit voting for or against the   proposition: "The constitutional amendment requiring the state to   pay at least 50 percent of the cost of maintaining and operating the   public school system and prohibiting the comptroller from   certifying legislation containing an appropriation for public   education unless the requirement is met."