Texas Proposition 13 (2001)

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Texas Constitution
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Preamble
Articles
12
3 (1-43)3 (44-49)3 (50-67)
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Texas Amendment 13 was a legislatively-referred constitutional amendment authorizing the legislature to authorize the board of trustees of an independent school district to donate certain surplus district property of historical significance in order to preserve the property. It was on the November 6, 2001 general election ballot in Texas where it was approved.

Election results

Amendment 12
ResultVotesPercentage
Approveda Yes 658,463 80.44%
No160,04819.55%

Text of measure

The short ballot summary voters saw on their ballot read: "The constitutional amendment authorizing the legislature to authorize the board of trustees of an independent school district to donate certain surplus district property of historical significance in order to preserve the property."[1]

Constitutional changes

Proposition 13 added Section 4B to Article VII, Texas Constitution, to authorize the legislature to enact a general law under which the board of trustees of an independent school district may donate district real property and improvements formerly used as a school campus for the purpose of preserving the improvements.

The amendment provided that a law enacted under Section 4B would have to require the board of trustees, before making a donation under the law, to determine that:

(1) the improvements have historical significance;

(2) the transfer will further the preservation of the improvements; and

(3) at the time of the transfer, the district does not need the real property or improvements for educational purposes.

The 77th Legislature passed Senate Bill No. 116 to add Section 11.1541 to the Education Code to authorize the board of trustees of a school district to donate historically significant real property and improvements to a nonprofit organization in the manner required by proposed Section 4B, Article VII, Texas Constitution. Under Section 11.1541, Education Code, to be eligible to receive a donation, a nonprofit organization must be exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code, which applies to organizations "organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes." Senate Bill No. 116 was signed by the governor on May 18, 2001, and took effect January 1, 2002.

Path to the ballot

See also: Laws governing direct democracy in Texas

As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. The joint resolution can originate in either the House or the Senate. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.

See also

External links

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References