Texas Almanac and State Industrial Guide 1931 Page: 76
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76 THE TEXAS ALMANAC--1931.
lic 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 suf-
ficient amount out of the said tax to provide free
textbooks for the use of children attending the pub-
Itic free schools of this State: provided, however,
that should the limit of taxation herein named be
insufficient the deficit may be met by appropria-
tion from the general funds of the State, and the
legislature may also provide for the formation of
school districts by general laws, and all such school
districts may embrace parts of two or more coun-
ties, And the Legislature shall be authorized to
past laws for the assessment 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 terri-
tory wholly *ithin a county or in parts of two or
more counties. And the legislature may authorize
an additional ad valorem tax to be levied and col-
lected within all school districts heretofore formed
or hereafter formed, for the further maintenance of
public free schools, and the erection and equipment
of school buildings therein; provided, that a majority
of the qualified property 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 limita-
tion upon the amount of school district tax herein
authorized shall not apply to incorporated cities or
towns constituting separate and independent school
districts, nor to independent or common school dis.
tricts created by general or special law.
*Se. 3a. County Line Districts; Validation ;
Bonds: Taxation.--Every school district heretofore
formed, whether formed under the general law or by
-pecial act= and whether the territory embraced
within a single county or partly in two or more
counties, is hereby declared to be, and from its for-
mation 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 de-
clared to be, and at the time of their issuance to
have been, issued in conformity with the Constitu-
tion 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 dis-
trict or districts issuing the same.
Each suoh district is hereby authorized to, and
shall, annually levy and collect an ad valorem tax
sufficient to pay the interest on all such bonds, and
to provide a sinking fund sufficient t rodee the
same at maturity, not to exceed such a rate as
may be provided by law under other provisions of
this Constitution. And all trustees heretofore elect-
ed in districts made up of more than one county
are hereby declared to have been duly elected, and
shall be and are hereby named as trustees 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
tSeo. 4, Sale of School Lands: No Release to Pur-
chasers; the Investment of Proceeds-The lands
herein set apart to the public free school fund shall
be sold under such regulations, at such times and
en such terms as may be prescribed by law: and
the Legislature shall not have power to grant any
relief to purchasers thereof. The -Comptroller shall
invest the proceeds of such sales, and of those here-
tofore made, as may be directed by the Board of
Education herein provided for, in the bonds of the
Iated States, the State of Texas, or counties in
ad Btate, or in such other securities and under
Noete.-This is an added amendment. Submitted
by Thirty-First Legislature (1909), ratified in an
deotlin Aug. 3, 1909, and declared adopted Sept.
t~ote.-An amended section, to authorize invest.
ment of money from sale of State public school
Uds In securities other than State and United
States bonds, as was required by the original sec-
tion. The amendment also added the clause making
the State responsible for such Investments. Sub-
mtted by Eighteenth Legislature (1883), ratified
in an electIon Aug. 14, 1883, and declared adopted
such restrictions as may be prescribed by law; and
the State shall be responsible for all investments.
*Sec, 5. Permanent School Fund; Interest: Alien-
ation; Sectarian Schools.-The principal of all bonds
and other funds, and the principal arising from
the sale of the lands hereinbefore 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 Legislature may
add not exceeding 1 per cent annually of the total
value of the permanent school fund; such value
to be ascertained by the Board of Education until
otherwise provided by law; and the available school
fund shall be applied annually to the support of the
public free schools. And no law shall ever be
enacted appropriating any part of the permanent or
available school fund to any other purpose what-
ever; nor shall the same or any part thereof ever
be appropriated to or sed for the support of any
sectarian school; and the available school fun d
herein provided shall be distributed to the several
counties according, to their scholastic population and
applied in such manner as may be provided by law.
fSec. 6. County School Lands; Limitations; S-t-
tiers; Proceeds.-All lands heretofore or hereafter
granted to the several counties of this State for
educational purposes are of right the property of
said counties respectively to which they were grant-
ed, and title thereto is vested in said counties, and
no adverse possession or limitation shall ever be
available against the title of any county, Each
county may sell or dispose of its lands in whole or
in part, in manner to be provided by the Commis-
sioners, Court of the county. Actual settlers resid-
ing on said land shall be protected, in the prior
right of purchasing the same to the extent of their
settlement, not to exceed 160 acres, at the price
fixed by said court, which price shall not include
the value of existing improvements made thereon
by such settlers. Said lands and the proceeds there-
of, when sold, shall be held by said counties alone
as a trust for the benefit of public schools therein:
said proceeds to be invested in bends of the United
States, the State of Texas, or counties in said
State, or in such other securities and under such
restrictions as may be prescribed by law; and the
counties shall be responsible for all investments, the
interest thereon and other revenue, except the prin-
cipal, shall be available fund.
*Se,. 6a All agriculture or grazing school land
mentioned in Sec. 6 of this article owned by any
county shall be subject to taxation except for State
purposes to the same extent as lands privately
Sec. 7. Schools for White and Colored.--Separate
schools -shall be provided for the white and colored
children, and impartial provision shall be made for
Sec. 8, The Legislature shall provide by law for
a State Board of Education, whose members shall
be appointed or elected in such manner and by
such authority and shall serve for such terms as the
Note.-An amended section, the provision that
"Legislature may add not exceeding 1 per cent an-
nually of the total value of the permanent school
fund" having been added. Submitted by Twenty-
Second Legislature (1891), ratified in an election
Aug. 11, 1891, and declared adopted Sept. 22, 1891.
tNote.-An amended section, authorizing the in-
vestment of money from sale of county public
school lands in securities other than State end
United States bonds (as was required in the original
section), and making counties responsible for such
investments. Submitted by the Eighteenth Legisla-
ture (1883), ratified in an election Aug. 14, 1883.
and declared adopted Sept. 25, 1883.
*This section is an amendment, having been add-
ed to the Constitution. Submitted by Thirty-Ninth
Legislature (1925), ratified in an election Nov. 2,
1928. and proclaimed Jan. 20, 1917.
Sec. 8 has been amended; the oflginal text pro-
vided for a Board of Education consisting of Gov-
ernor, Comptroller and Secretary of State, serving
ex officio. Submitted by Fortieth Leislature
(1927); ratified Nov. 6. 1928; proclaimed Feb. 8.
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Texas Almanac and State Industrial Guide 1931, book, 1931; Dallas, Texas. (texashistory.unt.edu/ark:/67531/metapth117160/m1/78/: accessed January 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.