Texas Supreme Court rules property tax unconstitutional

Boston Globe ^ | Nov. 22, 2005 | April Castro

[FairOpinion]

Texas school districts illegally tax property owners to pay for public education and the state must find a new way to fund schools by June 1 or classrooms will remain closed in the fall, the Texas Supreme Court ruled Tuesday.

Texas' highest civil court ruled that the property taxes for schools have become an unconstitutional statewide property tax and charged lawmakers with repairing the $30 billion funding system. State funding would be stopped if the deadline isn't met.

[Vic3O3]

ping!

[George W. Bush]

More Jefferson:

"To preserve our independence, we must not let our rulers load us with perpetual debt. We must take our choice between economy and liberty, or profusion and servitude. If we run into such debts, we must be taxed in our meat and drink, in our necessities and in our comforts, in our labors and in our amusements. If we can prevent the government from wasting the labor of the people under the pretense of caring for them, they will be happy."

"I wish it were possible to obtain a single amendment to our Constitution. I would be willing to depend on that alone for the reduction of the administration of our government; I mean an additional article taking from the Federal Government the power of borrowing. I now deny their power of making paper money or anything else a legal tender. I know that to pay all proper expenses within the year would, in case of war, be hard on us. But not so hard as ten wars instead of one. For wars could be reduced in that proportion; besides that the State governments would be free to lend their credit in borrowing quotas."

[School of Rational Thought]

"There are only a couple of ways to fund public schools. "

Never write "only". It is a sure invite for someone to point out how you are wrong.

Tax the cost driver, kids! That'll stop some illegals too.

[Bear_Slayer]

why do so many prefer gov't funded roads?

Because we have likely already paid for the existing ones and I'm certain they won't stop taxing us anyways, should the roads go toll.

[cb]

What'll happen is my property taxes won't go down a cent, but now I'll get to pay an income tax, too. I've been around too long to think that its going any way except to soviet style socialism as fast as the frogs can be boiled.

[ovrtaxt]

No, that's the Federal Constitution. (We do have a Federal education bureaucracy.)

States can charge whatever and however they want according to their individual Constitutions, except for tariffs on international and interstate trade, I believe. But the point remains that property taxes and income taxes are not the only choices.

[Unmarked Package]

This ruling by the Texas Supreme Court is welcomed as it forces the Texas Legislature to do its job that it has failed to do in the last legislative session and special sessions. The June 1st deadline places a great degree of urgency on the process that the lawmakers would never have agreed to by themselves. The Texas Legislature has been listening to lobbyists and special interest groups, while ignoring a brewing property tax revolt by the citizens.

The very first thing that the Texas Legislature should do immediately is commission independent audits of every school district in Texas to see where the money is being spent and uncover waste and outright fraud. Then determine what amount of revenue is required and any new taxes needed to meet the requirement while cutting property taxes, but not before the audits.

A cursory look at one local school district uncovered $10 million in annual savings with little effort. The total being wasted in Texas is likely to approach hundreds of millions of dollars.

[millefleur]

wow! awesome !!

Pray that the Supreme Court (which is under God) will uphold this right decision of the Texas court.

[HamiltonJay]

This is what needs ruled in PA for sure... their latest "property tax relief" includes them increasing income taxes by 2.8 BILLION dollars, to give property tax "relief" of 1.8 BILLION..... and they expect the public to not notice that 1 BILLION increase in taxes....

VOTE THE BUMS OUT!!!

[Dominic Harr]

Does this mean I can refuse to pay my property taxes this year -- since they're unconstitutional?

How does that work, anyway . . . they pass an illegal tax law, take in all the money, then what -- just keep it?

[xusafflyer]

Jefferson was a visionary. All the founding fathers would be shocked and disgusted at the waste of government and the unconstitutional/tyrannical demands upon the People.

[green iguana]

This is judicial activism at its worst

Not too familiar with the Texas property tax situation are you?

[justshutupandtakeit]

No this in not encouraging but means that state taxes will replace property taxes to fund education hence the "poor" school districts will now be subsidized by richer ones even more than they are. Don't be fooled into thinking this represents an anti-tax mood on the court merely more egalitarianism.

[Leatherneck_MT]

"You people must be crazy. This is judicial activism at its worst, and is a giant step toward totalitarianism."

Explain how please?

[green iguana]

I am taxed at 1.95 per hundred. I would like to know where that 1.5 per hundred listed in the article comes from.

From the law. It's a bit confusing tho' - the max rate that a school district can tax at is 2%, 1.5% for general operations (which is what is always mentioned) and 0.5% for debt service (which is not in play.)

[justshutupandtakeit]

To the contrary this will lead to MORE subsidization of the poor by the rich. It is the discrepency between property tax revenues per district which led to this decision.

[justshutupandtakeit]

This is the Texas constitution being referenced. And it probably does say that the state will provide public schools.

[green iguana]

Judicial Activism = when the court does something we don't like.

No - judicial activism is when the courts make law. Determining whether a law passed by the legislature is unconstitutional or not (which is what the Texas Supremes did) is one of the true duties of the judiciary.

[justshutupandtakeit]

You probably are a big believer in the Loch Ness Monster too.

Since the US Congress declared the amendment ratified it is ratified. There is no appeal to its declaration. End of disscussion.

[azhenfud]

They're working on that minor flaw right now.

http://www.capitol.state.tx.us/tlo/784/billtext/HJ00004I.HTM