GOVT 2306

Education Policy in Texas

By now, you should be familiar with the complex nature of Texas

government.

A look at the public education system in the state confirms this

complexity. All levels of government have some input into the public education in the state.

In this section we will look at those respective roles and the various

institutions involved in establishing, implementing and funding public education policy

mostly in the state and local areas – but in a limited sense on the

national level as well.

The goal is to familiarize you with these institutions, the roles they

play and the dominant issues concerning public education in the

state.

Remember that this class – as well as 2305 – started with a discussion of the role education is supposed to play in a democratic republic.

An educated population is necessary in order to maintain it.

"If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never

will be.“ – Thomas Jefferson.

The writers of the Texas Declaration of Independence

thought along similar lines. The lack of a public education system

was one of the grievance the Texans had against the Mexican

Government.

So does that means that education is a fundamental right?

In San Antonio Independent School District v. Rodriquez, the Supreme

Court ruled that it isn’t.

And a related question: What – exactly – is the purpose of

education?

Some of the nation’s founders saw education as necessary for the

preservation of the republic. You may recall the following quote from Jefferson’s

proposed bill for a general diffusion of knowledge in the state of Virginia.

Whereas it appeareth that however certain forms of government are better calculated than others to protect individuals in the free exercise of their natural rights, and are at the same time themselves better guarded against degeneracy, yet experience hath shewn, that even under the best forms, those entrusted with power have, in time, and by slow operations, perverted it into tyranny; and it is believed that the most effectual means of preventing this would be, to illuminate, as far as practicable, the minds of

the people at large, and more especially to give them knowledge of those facts, which history exhibiteth, that, possessed thereby of the experience of other ages and

countries, they may be enabled to know ambition under all its shapes, and prompt to exert their natural powers to

defeat its purposes . . .

Education was also seen as necessary to the expansion of

popular participation.

As disenfranchised populations earned the right to vote, there were concerns that

their decisions would be rational. Proper education would ensure that that would

be the case.

Since then, public education has played a great many more roles.

Today schools are expected to augment the economy by providing students with marketable

skills, provide custodial services for parents while they work, provide sports and other

entertainments for the community, address racial tension and teach students auxiliary skills

like driving.

There are ongoing questions regarding whether schools can in fact do these

well, and if they cannot, what institutions can do a better job.

Additionally, does society expect too much from schools? Have we taken schools far afield from their original

purposes?

Let’s now have a quick look at education policy within our federal

system. What are the different roles played by each level of

government?

The role of the national government is in education very

limited.

Education is considered to fall under the reserved powers and is primarily implemented and financed at the state and local levels. But national involvement in education policy has increased since World War 2, and

especially since the launch of Sputnik in 1957 led to concerns that the US was falling behind other nations in math and science. (See Wikipedia’s Education in the

United States)

The word “education” is not in the Constitution so some argue that this is

proof that the national government should not be involved in education at all.

Others argue that it fits within loose interpretations of the commerce and

necessary and proper clauses. National involvement is sometimes justified under

the equal protection clause of the 14th Amendment. Brown v Board, for example.

The national government does not run schools (though Jefferson and others

promoted the establishment of a national university). It has instead primarily focused on ensuring that

certain standards are maintained and that public schooling is available to all students regardless of race, ethnicity

and gender etc…

Some funding – in the form of grants – are made available to

public schools in order to promote certain nationally defined

objectives.

GAO Report: Overview of FundingED.gov: 10 Facts about K-12 Funding

But the national government promoted education since prior to the ratification of the Constitution

The Northwest Ordinance stated: “Religion, morality, and knowledge, being

necessary to good government and the happiness of mankind, schools and the

means of education shall forever be encouraged.”

Sample laws:

The Morrill Land Grant Act of 1862Freedmen’s BureauOffice of Education Smith-Hughes Act

Lanham Community Facilities Act Serviceman’s Readjustment Act

For a look at some history, click here:

Federal Education Policy and the States, 1945 - 2005

The Department of Health, Education and Welfare was

established in 1953. In 1979, a separate Department of Education

was created.

It is the smallest of the Cabinet level departments.

It’s mission: “to establish policy for, administer and coordinate

most federal assistance to education, collect data on US

schools, and to enforce federal educational laws regarding privacy

and civil rights.”

A recent, controversial, example has been No Child Left Behind. It

requires schools that receive federal funding administer annual standardized tests to all students.

Good idea? Bad idea?

More recent:

Race to the Top

How well does the US do versus other countries in education? Here

are some sites that address that question:

U.S. Ed Spending and Performance v. the World.

While K-12 scores in the US lag those of other nations, the US has most of the top universities in the

world.

State involvement in education policy involves, first, establishing

that education is needed, and second, authorizing the creation of

public schools.

This page from the TSHA might help give you background on education policy in the state:

Education. The Wikipedia entry on Education in Texas is worth a look

as well.

And for various current stories regarding K-12 in Texas click here:

Texas Tribune - Public Education

There are two categories of public schools:

K-12 and Higher Education

They are distinct and are organized in different ways.

K-12

There are almost 5 million students in public schools (K-12) in Texas

and just less than 250,000 students in private schools. Click here for

other statistics.

K-12 (Kindergarten to 12th Grade) covers primary and secondary education in the

state. Education is provided by elementary, middle and high schools that are organized under 1,089 independent school districts. These were discussed earlier, they are separate governing

districts with the power to collect tax revenue in order to pay for public schools

and impose its laws on a community – truancy etc…

K-12 schools are funded through a combination of state and local funds. It

begins with the property taxes collected by the ISD’s. These are supplemented with

state funding in order to provide a degree of equity across ISDs. Some federal funding

is also provided in order to assist disadvantaged populations.

- Click here for thorough detail of the funding process.

The ISD is an interesting entity. They implement state laws, but are overseen by locally elected boards

that have the authority to make hiring decisions and set tax rates.

This means that states laws are implemented in accordance with

local preferences and values.

There are many ISDs in the local area. Here are links to a few

Alvin ISDHouston ISD (Wikipedia)

Pearland ISD

The ISDs have the authority to hire superintendents who directly

manages day to day affairs of the ISDS.

Harris County contains over 20 ISDs.

Question: Is this the most efficient way to run K-12? On the other

hand, is this the best way to maximize local control of public

education.

As a result, there can be a great variance in the quality of

educational institutions. The quality of management can differ,

as well as the amount of funds made available to the schools.

Click here for the list of ISD’s in the state.

Two key terms

Tax Rate: The percentage at which a person or business is taxed.

Tax Base: The assessed value of taxable property.

Difference in the quality of education across ISD’s can often be due to the fact that the tax base in some ISD’s is higher than others.

They can afford higher quality education.

Inequity in public school financing has been controversial, and has been the subject of court cases,

such as the previously mentioned San Antonio Independent School

District v. Rodriquez.

The most noteworthy court case involving unequal financing was

Kirby v Edgewood. The court agreed that public school financing violated the Texas Constitution and

the Texas Legislature developed the Robin Hood plan in order to make financing more equitable.

Here is a guide to the various lawsuits filed in the state as a

consequence of the recent $5.4 billion cut to public schools in the

state. Most center on the question whether the legislature violated the Texas Constitution by cutting

the budget that much.

The Constitution requires “that the state provide efficient and

adequate funding for public schools.”

Have the cuts undermined that?

In 2006, the Texas Legislature placed a cap on how much districts

can raise property taxes.

Does this inhibit the ability of school districts to provide quality

education?

Is this also a constitutional violation of the equal protection

clause of the US Constitution?

This court cases dealt with segregated schools in the state.

Delgado v. Bastrop ISD

More numbers:

Texas Public Schools: 8,317Texas Elementary Schools: 4,001

Texas Middle Schools: 1,591Texas High Schools: 1,445

There are also a number of charter schools in the state. These were authorized in 1995 in order to

provide flexibility in the design of K-12 schools. These schools are

authorized by unique charters that state what the specific goals of the

schools are.

- Here is a list of Charter Schools in Houston.

One of the more famous examples in the Houston area is KIPP

Academy.

See the Wikipedia entry here.

Proponents argue that charter schools allow for innovation in providing

education and need to be expanded, but critics question whether charter schools are better than mainstream

public schools. Others argue that they allow religious groups to provide

public education, which can violate the establishment clause.

Magnet schools have also been developed to allow students to

focus on certain subjects.

Other area of controversy:

School Vouchers

Pro/Con

And another: homeschooling.

And some general sources of information about K-12 in Texas.

Localschooldirectory.com

K-12 education policy in the state – as with all other policies - is the

responsibility of the Texas Legislature, these two committees

have jurisdiction over bills pertaining to K-12:

- Senate Committee on Education- House Public Education Committee

The implementation of state laws are overseen by the Texas

Education Agency (TEA), which is itself overseen by the State Board

of Education (SBOE).

The legislature defers a great many policy decisions – such as curriculum -

to these two institutions.

The TEA was established in 1949 during a period when education was reformed in the state. These

reforms were contained in the Gilmer Aikin Act.

For more on the TEA click on these:

wikipediaTSHA

Texas Tribune

The TEA is headed by a commissioner that is appointed to four years terms by the Governor –

subject to confirmation by the Texas Senate.

Question: Should the commissioner be appointed or elected separately like the

Attorney General and other positions? Does the Governor have too much power over K-12 as a

consequence?

The State Board of Education oversees the TEA. It is composed

of 15 members elected from single members districts across the state for four year overlapping terms.

Question: Should they be elected or appointed? Is an elected board likely to be knowledgeable

enough to make good decisions regarding education in the state, or is that not the point?

“The board devises policies and sets academic standards for Texas public schools as well as oversees

the $17.5 billion Permanent School Fund and selects textbooks for

Texas' 4.7 million schoolchildren.”

For more on the SBOE click on these:

wikipediaTexas Tribune: Topics

The SBOE has been at the center of conflicts involving K-12 curriculum, especially of science and history.

The SBOE has also been involved in the promotion of standardized

testing.

Are standardized tests flawed?

Higher Ed

Texas Tribune

Higher Education

The Texas Constitution also authorizes the establishment of a

variety of institutions of higher education.

These come in various types

Community and Technical CollegesUniversities

Professional Schools

One major difference between K-12 and Higher Ed is that students pay tuition (you probably already knew

that).

Community Colleges also have the ability to collect taxes from specifically

drawn districts – much like an ISD. Neither universities have this ability.

We will review the language in the Constitution which establishes this

power below.

Community Colleges, since they impose property taxes in a defined area, have locally elected boards. These boards are responsible for

overseeing college operations and setting the tax rate.

Click here for a map of Texas Community College Service Districts.

They have three sources of revenue

1 – local property taxes2 – state funds

3 - tuition

Community Colleges offer – with a few exceptions – two year degrees

and are teaching institutions primarily. They educate students in order to help them transfer to four

year schools or to provide technical training for a defined

career.

Relevant Interest Group: Texas Association of Community Colleges

State universities do not collect local property taxes. Their primary funding sources are student tuition

and the state.

Major universities often receive federal funding oriented to

research purposes.

This leads to a controversy. Are universities primarily oriented

towards teaching or research? Can they do both?

Universities are also overseen by boards – Boards of Regents. But

these are appointed, not elected.

They are appointed by the Governor subject to approval by the Senate. Click here for UT’s

regents.

- Click here for a list of community colleges in the state.

- Click here for a list of Universities and Health Related Institutions

- Wikipedia’s List of colleges and universities in Texas

Higher Ed policy in the state is also, ultimately, the responsibility of the Texas Legislature. These two committees have jurisdiction over bills pertaining to higher

education:

- Senate Committee on Higher Education- House Higher Education Committee

Much of this has been delegated to the Higher Education Coordinating

Board.

For more info on the THECB

TSHA Wikipedia

Texas Tribune Topics

“The Texas Higher Education Coordinating Board was created by the Texas Legislature in 1965 to

‘provide leadership and coordination for the Texas higher education system to achieve

excellence for the college education of Texas students.’“

It provides advice and comprehensive planning to the Legislature regarding higher education.

Universities cannot be established, nor degree plans offered, without

the consent to of the THECB.

Here is a recent example: A&M officials would like to adjust how its Health Science Center is administered, but the THECB has

to approve it.

The board is composed of nine members who are appointed by

the governor for six year staggered terms. Board members cannot be employed in education. The board

appoints the Commissioner of Higher Education.

Click here for the THECB’s Summary of Higher Education

Legislation in the 80th Texas Legislature.

Changing the subject:

The Education Budget

One of the facts that makes public education so contentious in the

state is the size of its budget.

The total state budget for 2012-13 is $173 billion.

Almost $48 billion is spent on K-12, and almost $20 billion is spent on higher education. With additional

spending the total spent on education in the state is close to

$73 billion.

For detail on spending on education in the state, click on any

of the following:

Texas Budget Source

Public EducationHigher Education

Fiscal Size-Up 2012-13

State Budget OverviewEducation

Texas Budget Highlights House Research Organization

82nd Legislature: Financing Higher Education in Texas – Legislative

Primer.

LBB: Financing Public Education in Texas Kindergarten through Grade

12 Legislative Primer.

Controversy: Is too much or too little being spent on public

education in the state?

Again, shifting gears:

The constitutional design of the educational system in Texas.

How did we get to where we are today?

Here is the current language in the Texas Constitution

Article 7. Education

Previously we mentioned that the Texas Declaration of Independence

contained language complaining that the Mexican government had not established a system of public

education:

Click here for text

Critical passage: It has failed to establish any public system of education, although possessed of almost boundless resources, (the public domain,) and although it is an

axiom in political science, that unless a people are educated and enlightened, it is

idle to expect the continuance of civil liberty, or the capacity for self government.

Texas Declaration of Independence

State Law Library

Here is the relevant text in previous Texas Constitutions

1845 Constitution: Article X. Education.

1861 Constitution: Article X. Education.

1866 Constitution: Article X. Education.

1869 Constitution: Article IX. Public Schools.

1876 Constitution: Article VII: Education—The Public Free Schools.

Let’s walk through the Article 7 of the Constitution as it reads right

now.

Article 7. Education

Sec. 1.

SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE

SCHOOLS.

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.

This language was the basis of some of the lawsuits mentioned

above. By slashing education, has the Texas Legislature violated the

language above?

Notice that it refers to “public free schools.” These are to be provided by the general community – tuition is not charged to students or their families.

While it is not stated in the document, education is compulsory in the state

through high school – or an equivalent program.

The mission and objectives of public education are outlined further in Section 4.001 of the

Texas Education Code.

Sec. 2.

PERMANENT SCHOOL FUND.

All funds, lands and other property heretofore set apart and appropriated 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 permanent school fund.

This establishes the Permanent School Fund, which helps finance

public schools in the state. The land is managed the General Land Office, specifically the School Land

Board.

From the start funding for public education has come from state

land.

Land Appropriations for Education

Earnings from the Permanent School Fund and 25% of Fuel Tax

Receipts are deposited in the Available School Fund.

Texas Tribune Topics: Permanent School Fund.

Here’s some detail on a recent constitutional amendment –

Proposition 6 - changing the PSF.

Permanent School Fund

TEATSHA

Texas Tribune TopicsWikipedia

Texas Education Code

A variety of subsections to Article 2 clarify what it does and does not

cover.

Sec. 2A.

RELEASE OF CLAIM TO CERTAIN LANDS AND MINERALS

WITHIN SHELBY, FRAZIER, AND MCCORMICK LEAGUE AND IN

BASTROP COUNTY.

Sec. 2B.

AUTHORITY TO RELEASE STATE ’S INTEREST IN LAND HELD

BY PERSON UNDER COLOR OF TITLE.

Sec. 2C.

RELEASE OF CLAIM TO CERTAIN LANDS IN UPSHUR AND

SMITH COUNTIES.

Sec. 3.

TAXES FOR BENEFIT OF SCHOOLS; SCHOOL DISTRICTS.

This section establishes revenue to be provided from taxes, and

requires that sufficient funds be made available for certain

purposes.

Some examples:

(a) One-fourth of the revenue derived from the State occupation taxes shall be set apart annually for the benefit of the public free

schools.

(b) It shall be the duty of the State Board of Education to set aside a

sufficient amount of available funds to provide free text books for

the use of children attending the public free schools of this State.

(c) Should the taxation herein named be insufficient the deficit

may be met by appropriation from the general funds of the State.

Sec. 3-b.

INDEPENDENT SCHOOL DISTRICTS AND JUNIOR COLLEGE

DISTRICTS; TAXES AND BONDS; CHANGES IN BOUNDARIES.

No tax for the maintenance of public free schools voted in any independent school

district and no tax for the maintenance of a junior college voted by a junior college

district, nor any bonds voted in any such district, but unissued, shall be abrogated, cancelled or invalidated by change of any

kind in the boundaries thereof. . . .

Sec. 4.

SALE OF LANDS; INVESTMENT OF PROCEEDS.

The lands herein set apart to the Permanent School fund, shall be sold under such regulations, at such

times, and on such terms as may be prescribed by law; and the Legislature shall not have power to grant any

relief to purchasers thereof. The proceeds of such sales must be used to acquire other land for the Permanent

School fund as provided by law or the proceeds shall be invested by the comptroller of public accounts, 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 restrictions as may be

prescribed by law; and the State shall be responsible for all investments.

Sec. 4B.

INDEPENDENT SCHOOL DISTRICT; BOARD OF TRUSTEES;

DONATION OF REAL PROPERTY AND IMPROVEMENTS.

Sec. 5.

PERMANENT SCHOOL FUND; AVAILABLE SCHOOL FUND; USEOF FUNDS; DISTRIBUTION OF

AVAILABLE SCHOOL FUND.

This is an important section. It

defines what the Permanent School Funds is as well as the

Available School Fund, and defines what is to be distributed from the fund and how. See above under

Section 2 for links related to these funds.

Sec.6.

COUNTY SCHOOL LANDS; PROCEEDS OF SALES;

INVESTMENT; AVAILABLE SCHOOL FUND.

Sec. 6a.

COUNTY AGRICULTURAL OR GRAZING SCHOOL LAND SUBJECT

TO TAX.

Sec. 6b.

REDUCTION OF COUNTY PERMANENT SCHOOL FUND;

DISTRIBUTION.

These concern the rights counties have to land they’ve been granted

by the state.

Sec. 8.

STATE BOARD OF EDUCATION.

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 Legislature

shall prescribe not to exceed six years. The said board shall perform such duties as

may be prescribed by law.

The SBOE was discussed above. Click here for its page in the TEA website and here for the parts of

the Texas Education Code that define it further.

Sec. 10.

ESTABLISHMENT OF UNIVERSITY; AGRICULTURAL AND

MECHANICAL DEPARTMENT.

The legislature shall as soon as practicable establish, organize and provide for the

maintenance, support and direction of a University of the first class, to be located by

a vote of the people of this State, and styled, "The University of Texas," for the promotion of literature, and the arts and sciences, including an Agricultural, and

Mechanical department.

The purpose of this section is obvious, but note that it

foreshadows the development of what would become Texas A&M.

Sec. 11.

PERMANENT UNIVERSITY FUND; INVESTMENT; ALTERNATE

SECTIONS OF RAILROAD GRANT.

Sec. 11a.

INVESTMENT OF PERMANENT UNIVERSITY FUND.

Sec. 11b.

PERMANENT UNIVERSITY FUND; AUTHORIZED

INVESTMENTS.

From the first section: “In order to enable the Legislature to perform the duties set forth in the

foregoing Section, it is hereby declared all lands and other property heretofore set apart and appropriated

for the establishment and maintenance of the University of Texas, together with all the proceeds of sales of the same, heretofore made or hereafter to be made, and all grants, donations and appropriations

that may hereafter be made by the State of Texas, or from any other source, except donations limited to

specific purposes, shall constitute and become a Permanent University Fund.”

This establishes the Permanent University Fund and how it

operates. It is one of the additional sources of revenue for the UT and

A&M University Systems – only those two by the way.

Links regarding the Permanent University Fund

TSHAUTIMCO

WikipediaTX Tell

Education Code

Texas Exes – sounding defensive – explain how the PUF funds works and how its funds are distributed.

Sec. 12.

SALE OF LANDS.

The land herein set apart to the University fund shall be sold under such regulations,

at such times, and on such terms as may be provided by law; and the Legislature shall

provide for the prompt collection, at maturity, of all debts due on account of University lands, heretofore sold, or that

may hereafter be sold, and shall in neither event have the power to grant relief to the

purchasers.

Sec. 13.

AGRICULTURAL AND MECHANICAL COLLEGE.

The Agricultural and Mechanical College of Texas, established by an Act of the Legislature

passed April 17th, 1871, located in the county of Brazos, is hereby made, and constituted a

Branch of the University of Texas, for instruction in Agriculture, the Mechanic Arts, and the

Natural Sciences connected therewith. And the Legislature shall at its next session, make an appropriation, not to exceed forty thousand

dollars, for the construction and completion of the buildings and improvements, and for

providing the furniture necessary to put said College in immediate and successful operation.

This established Texas A&M originally as a branch of UT

– sorry Ags.

Sec. 14.

PRAIRIE VIEW A&M UNIVERSITY.

Prairie View A&M University in Waller County is an institution of

the first class under the direction of the same governing board as Texas

A&M University referred to in Article VII, Section 13, of this

constitution as the Agricultural and Mechanical College of Texas.

Both Texas A&M and Prairie View A&M were founded as land grant

colleges as a way to foster the development of agriculture. The

Morrill Land Grants Acts allocated federal lands and the proceeds and usage of that land would be used

to establish and fund similar colleges across the nation.

Since segregation was reestablished in the 1876

Constitution, Prairie View A&M was created in order to be an "Agricultural and Mechanical

College for the Benefit of Colored Youth."

The Morrill Act also required students to receive military

training.

Helps explain the Corp of Cadets.

Sec. 15.

GRANT OF ADDITIONAL LANDS TO UNIVERSITY.

In addition to the lands heretofore granted to the University of Texas, there is hereby set apart, and

appropriated, for the endowment maintenance, and support of said University and its branches, one million acres of the unappropriated public domain of the State, to be designated, and surveyed as may be provided by

law; and said lands shall be sold under the same regulations, and the proceeds invested in the same

manner, as is provided for the sale and investment of the permanent University fund; and the Legislature

shall not have power to grant any relief to the purchasers of said lands.

The story regarding this land – where it is and who else wants it – is

fascinating. See this timeline. The land was originally located in east Texas which had little value until oil (the

Santa Rita oilwell) was found on it in 1923. Then things changed drastically and UT and A&M have two of the best

funded endowments in the world.

The investment strategy for the PUF funds is outlined here: (t - University of Texas System).

Sec. 16.

COUNTY TAXATION OF UNIVERSITY LANDS.

All land mentioned in Sections 11, 12, and 15 of Article VII, of the Constitution of the State of

Texas, now belonging to the University of Texas shall be subject to the taxation for county

purposes to the same extent as lands privately owned; provided they shall be rendered for taxation upon values fixed by the State Tax

Board; and providing that the State shall remit annually to each of the counties in which said lands are located an amount equal to the tax imposed upon said land for county purposes.

Sec. 16-a.

TERMS OF OFFICE.

The Legislature shall fix by law the terms of all offices of the public school system and of the State

institutions of higher education, inclusive, and the terms of

members of the respective boards, not to exceed six years.

Sec. 17.

COLLEGES AND UNIVERSITIES; APPROPRIATIONS AND

FUNDING.

This section details which universities in the state qualify for

state appropriations.

Sec. 18.

TEXAS A&M UNIVERSITY SYSTEM; UNIVERSITY OF TEXAS

SYSTEM; BONDS OR NOTES PAYABLE FROM INCOME OF

AVAILABLE UNIVERSITYFUND.

This section states that bonds can be issued by the UT and A&M

systems, but only up to 20% or 10% (respectively) of the value of

the PUF fund.

It also mentions the Available University Fund which “consists of the distributions made to it from the total return on all investment

assets of the permanent university fund, including the net income attributable to the surface of

permanent university fund land.”

The section goes on exhaustively describe the Available University Fund. More detail is contained in

the Texas Education Code - Section 66.02.

Here’s a video explaining both the PUF and the AUF.

Sec. 19.

TEXAS TOMORROW FUND.

This section was added in 1997 as a consequence of an amendment

intended to make college education more affordable.

Parents could prepay for college based on current tuition and fees.

Texas Tomorrow Fund Wikipedia

The constitutional amendment – Proposition 13 - was approved by the voter of Texas in and election

in 1997.

The original plan for the funds was made obsolete once the state of Texas deregulated state tuition

and allowed public institutions to set their own tuition and fees without having to have them

approved by the THECB.

The fund was suspended since it could no longer guarantee

payment. Doing so would place it in debt. Adjustments to the

programs have been made to make it more viable.

Sec. 20.

NATIONAL RESEARCH UNIVERSITY FUND.

(a) There is established the national research university fund

for the purpose of providing a dedicated, independent, and

equitable source of funding to enable emerging research

universities in this state to achieve national prominence as major

research universities.

This section was added in 2009 in order to increase the number or

Tier One higher education research institutions in the state. The

Constitution only authorizes two – UT and A&M – and one private

institution – Rice – has made the cut.

Click here for detail of the bill – HJR 14 – that proposed the fund,

and here for detail about the proposal itself.

Here’s background from Ballotpedia.

For some perusing, and future detail:

Texas Education Code

This is plenty.

Thanks.