Texas Trash Talk: January 2012

Saturday, January 21, 2012

HCDE#11 League of Women Voters Documents 1979-1982

Below is a small sample of documents housed at the Houston Metropolitan Research Center that I used as reference material for my posts.

They are from The League of Women Voters Houston Collection

Collection # RG E 013

Dates: 1929-1989

Box # 14 Folder # 5

Title: Efforts to change election date, HC Board of School Trustees, 1979-1982

If you are going to the Reserach Center to review the rest of the file, I suggest you read their wedsite to be prepared for things like parking and their locker system before you go.

#1   Complaint and
           Concent Decree and Order
           Civil Action No. H-80-143

           Unites States of America vs
            County School Trustees of Harris County,
            et al., Defendants

Filed Sept. 25, 1980

#2 Part of case summary composed by LWV:

#3 Letter

Motion for Preliminary Injunction

#5 Letters

Friday, January 20, 2012

HCDE #9 - The Former Laws

UPDATED: 8/24/13

In 1995, the Texas Legislature removed the laws governing county education systems and the county education equalization tax from the books. They added Sec.11.301 to allow HCDE to remain open and maintain its taxing authority:

Sec. 11.301. APPLICATION OF FORMER LAW. (a) A school district or county system operating under former Chapter 17, 18, 22, 25, 26, 27, or 28 on May 1, 1995, may continue to operate under the applicable chapter as that chapter existed on that date and under state law generally applicable to school districts that does not conflict with that chapter....

The Legislature added Sec 11.302 so the public would still have access to the laws governing the two county systems remaining open.

Sec. 11.302. PUBLIC INFORMATION. The governing body of a school district or county system to which Section 11.301 applies shall make available to the public for inspection and copying during regular operating hours a copy of the provisions under which the district or county system operates that are specific to that type of district or county system.

Because HCDE is not making it easy for the public to view the former laws, I am posting the copies I purchased from HCDE so everyone can read them.

On 8/22/13 I was informed that the former laws I received from HCDE through Public Information were NOT CORRECT.

In 1993, the 73(R) Legislature passed SB 7 in response to the school funding law being found unconstitutional. The following section was included:

SB 7 73(R) Legislature 1993
SECTION 1.02. (a) Subsection (a), Section 18.03, Education Code, is amended to read as follows:
(a) A county‑unit system may not be adopted under this chapter after May 1, 1993. A system purportedly created after that date is dissolved September 1, 1993. This subsection does not affect the existence or operation of a county‑unit system adopted before that date. [Any county in this state may, at an election called for that purpose under the provisions of this chapter and to the extent herein provided, adopt a county‑unit system of education for the purpose of levying, assessing, and collecting a school equalization tax and for such other administrative purposes as are authorized in this chapter.]
(b) Sections 18.04, 18.21, 18.22, 18.23, 18.24, and 18.31, Education Code, are repealed.