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(b) Sections 18.04, 18.21, 18.22, 18.23, 18.24, and 18.31, Education Code, are repealed.

17.01 - 17.03(f)

17.03(g)  - 17.09

17.21  - 17.45

17.46 - 17.64(a) 

17.64  - 17.73(b)

17.73(c)  - 17.92

17.92 - 17.96(h)

17.97 - 18.02

18.02(a) - 18.05 (d)

18.06  - 18.10(e) (18.04 repealed 1993)

18.11  - 18.21 (18.21 Repealed 19993)

18.21 - 18.29 (18.21-18.24 repealed 1993)

18.30 - 18.31(18.31 Repealed 1993)


Tax Loan said...

n this manner no one can claim that they are being neither taxed unfairly nor paying out more than what they should. In the past centuries people were punished and even killed if they did not pay their taxes.

Anonymous said...

tnx for these scanned notes. appreciate it!

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