Texas Almanac, 1947-1948 Page: 69
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STATE CONSTITUTION. 69
Article VII.-(Continued.)
maintenance of an efficient system of public
free schools.
Sec. 2. Provisions Governing the Levy and
Collection of Taxes for the Support of the
Public Free Schools.-All funds, lands and
other property heretofore set apart and ap-
propriated for the support of public schools,
all the alternate sections of land reserved by
the State out of grants heretofore made or
that may hereafter be made to railroads or
other corporations, of any nature whatsoever,
one half of the public domain of the State,
and all sums of money that may come to the
State from the sale of any portion of the same
shall constitute a perpetual public school
fund.
Sec. 3. School Taxes.-One fourth of the
revenue derived from the State occupation
taxes and a poll tax of one ($1.00) dollar on
every inhabitant of this State, between the
ages of 21 and 60 years, shall be set apart
annually for the benefit of the public free
schools; and in addition thereto, there shall
be levied and collected an annual ad valorem
State tax of such an amount not to exceed
35c on the one hundred ($100.00) dollars
valuation, as, with the available school fund
arising from all other sources, will be suffi-
cient to maintain and support the public
schools of this State for a period of not less
than six months in each year, and it shall be
the duty of the State Board of Education to
set aside a sufficient amount out of the said
tax to provide free textbooks for the use of
children attending the publie free schools of
this State; provided, however, that should the
limit of taxation herein named be insufficient
the deficit may be met by appropriation
from the general funds of the State. and the
Legislature may also provide for the forma-
tion of school districts by general laws, and
all such school districts may embrace parts of
two or more counties. And the Legislature
shall be authorized to pass laws for the as-
sessment and collection of taxes in all said
districts and for the management and control
of the public school or schools of such dis-
tricts, whether such districts are composed
of territory wholly within a county or in
parts of two or more counties. And the Leg-
islature may authorize an additional ad valo-
rem tax to be levied and collected within all
school districts heretofore formed or here-
after formed, for the further maintenance of
public free schools, and for the erection and
equipment of school buildings therein; pro-
vided, that a majority of the qualified prop-
erty taxpaying voters of the district voting
at an election to be held for that purpose
shall vote such tax not to exceed in any one
year $1 on the $100 valuation of the property
subject to taxation in such district, but the
limitation upon the amount of school district
tax herein authorized shall not apply to
incorporated cities or towns constituting sep-
arate and independent school districts, nor to
independent or common school districts cre-
ated by general or special law.
[Note.-The foregoing Sec. 3 of Art. VII is an
amended section, havingm been altered six times:
(1) To authorize a State ad valorem school tax of
not more than 20c, and further to authorize crea-
tion by Legislature of school districts for local
taxation not to exceed 20c. Submitted by Eight-
eenth Legislature (1883), ratified in election Aug.
14, 1883, and declared adopted Sept. 25, 1883.
(2) To authorize maximum tax in school districts
of 50c. Submitted by Thirtieth Legislature (1907),
ratified in an election Nov. 3, 1908, and declared
adopted Feb. 2, 1909. (3) To authorize intercounty
school districts and authorizing Legislature to pass
laws for management and control of districts.
Submitted by Thirty-First Legislature (1909), rati-
fied in an election Aug. 3, 1909, and adopted
Sept. 24, 1909. (4) To increase maximum tax for
State school purposes from 20c to 35c and provide
for free textbooks. Submitted by Thirty-Fifth
Legislature (1917) and adopted at election of
Nov. 5, 1918. (5) To remove 50c limit on schooldistrict tax. Submitted by Thirty-Sixth Legisla-
ture (1919 and adopted at election of Nov 2,
1920. (6) To eliminate the proxiston authorizing
the Legislature to cre te districts by special law.
Submitted by Thirty-Ninth Legislature (1925) and
ratified in an election Nov. 2, 1926, and pro-
claimed Jan. 20, 1927.]
Sec. 3-a. County Line Districts; Validation;
Bonds; Taxation.-Every school district here-
tofore formed, whether formed under the
general law or by special act. and whether
the territory embraced within its boundaries
lies wholly within a single county or partly
in two or more counties, is hereby declared
to be, and from its formation to have been,
a valid and lawful district
All bonds heretofore issued by any such
districts which have been approved by the
Attorney General and registered by the
Comptroller are hereby declared to be, and
at the time of their issuance to have been,
issued in conformity with the Constitution
and laws of this State, and any and all such
bonds are hereby in all things validated and
declared to be valid and binding obligations
upon the district or districts issuing the
same.
Each such district is hereby authorized to,
and shall, annually levy and collect an ad
valerem tax sufficient to pay the interest on
all such bonds, and to provide a sinking fund
sufficient to redeem the same at maturity,
not to exceed such a rate as may be provided
by law under other provisions of this Consti-
tution.
And all trustees heretofore elected in dis-
tricts made up of more than one county are
hereby declared to have been duly elected,
and shall be and are hereby named as trus-
tees of their respective districts, with power
to levy the taxes herein authorized until their
successors shall be duly elected and qualified
as is or may be provided by law.
[Note.-The foregoing Sec. 3-a of Art. VII, an
amendment, was added to validate county-line
districts which had been declared void by court
decision. Submitted by Thirty-First Legislature
(1909), ratified in an election Aug. 3, 1909, and
declared adopted Sept. 24, 1909.]
Sec. 4. Sale of School Lands; No Release to
Purchasers; the Investment of Proceeds.-
The lands herein set apart to the public free
school fund shall be sold under such regula-
tioens, at such times and on such terms as
may be prescribed by law, and the Legisla-
ture shall not have power to grant any re-
lief to purchasers thereof. The Comptroller
shall invest the proceeds of such sales, and
of those heretofore made, as may be directed
by the Board of Education herein provided
for, in the bonds of the United States, the
State of Texas, or counties in said State, or
in such other securities and under such re-
strictions as may be prescribed by law, and
the State shall be responsible for all invest-
ments.
[Note.-The foregoing Sec. 4 of Art. VII is an
amended section, the amendment authorizing in-
vestment of money from sale of State public
school lands in securities other than State and
United States bonds, as was required by the orig-
inal section. The amendment also added the clause
making the State responsible for such investments.
Submitted by Eighteenth Legislature (1883), rati-
fied in an election Aug. 14, 1883, and declared
adopted Sept. 25, 1883.]
Sec. 5. Permanent School Fund; Interest;
Alienation; Sectarian Schools.-The principal
of all bonds and other funds, and the prin-
cipal arising from the sale of the lands here-
inbefore set apart to said school fund, shall
be the permanent school fund, and all the
interest derivable therefrom and the taxes
herein authorized and levied shall be the
available school fund, to which the Legisla-
ture may add not exceeding 1 per cent an-
nually of the total value of the permanent
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/71/?q=%22oil-gas%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.