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.

[green iguana]

it's property taxes or income taxes. Take your pick.

If you own property but have minimal income, would you rahter have a property tax or an income tax?

[azhenfud]

The Congress passed the 16th Amendment on July 12, 1909, and it was ratified on February 3, 1913 (1,302 days).

[chronic_loser]

This is actually a hamfisted attempt by the Texas Judiciary to IMPOSE an income tax on one of the few states that does not have one. It is HORRIBLE!!!!

[Dawgreg]

Our taxes have almost doubled in the last three years. What happened to the lottery paying for education here in Texas???? :(

[justshutupandtakeit]

Not really. There is no right to vote guaranteed in the Constitution. But there are many other things guaranteed. Read Article I, Section 9 for a few of them.

Is the word "border" even in the Constitution?

[justshutupandtakeit]

bingo

[stand watie]

NOT in TX.

we are a "right to work state".

this is a GOOD THING!

fwiw, after the Rivercrest ISD spent $ 915,000 on a PINK MARBLE fountain to go in the vestibule of the Superintendent's office, i've OPPOSED every bond request.

free dixie,sw

[stand watie]

only in the feeble minds of LEFTISTS & STATISTS!

free dixie,sw

[stand watie]

TRUE!

free dixie,sw

[azhenfud]

If it's like the new one here in NC, corruption has eaten into the take before the ink for the first ticket has been ordered.

But, hey! it's for edjucatin thu chilren. We gonna lern em how to be fiscully responsubil with all that gammlin...

[George W. Bush]

Our taxes have almost doubled in the last three years. What happened to the lottery paying for education here in Texas???? :(

That's just gambling propaganda.

What they really do is use it as 'free' money. They buy laptops, fund extravagant trips, etc., trying to establish these as norms in education, as entitlements. But they quickly switch to a new program, leaving you to pay the bill to save the program they created with the gambling money. Then, a few years later, you have them start in about how you need to advertise to promote lotteries/keno because you need the money to treat gambling addiction, previously unknown in your state. Then they finally show up, Vegas casino operators in tow, to tell you how it will all be fixed if you do casinos.

It's all lies. Gambling harms the poorest people the most. It is detrimental to the entire economy by frittering capital on a sham. It is never the friend of education and can never be a consistent source of funding for education or anything else. And state-sanctioned gambling is a promotion of vice itself by government. Anyone who advocates it is an enemy of the people, an enemy of children, and an enemy of the Republic.

[MamaTexan]

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

No, they're absolutely right!

The Texas Constitution gives taxing authority only to LEGAL subdivisions, or counties. The only thing the county has the constitutional authority to tax is 'real property' or what we refer to as real estate.

Political subdivisions (like the State, cities, towns and school districts) have NO TAXING AUTHORITY WHATSOEVER to tax the People.

[stand watie]

pardon me but this is already TRUE in TX.

our Independent School Districts are FREE of city/county & state control. they are ONE of SEVERAL types of "Special Purpose Districts". (my home county as 4 SPDs, each with their own boards, staff,etc. fyi,i was ONCE a member of the Fresh Water SPD board, so i know a good bit about how they function.)

SPDs can be formed by ANY group of voters for "any otherwise lawful reason". for example to provide water, sewer,etc to a rural community.

SPDs levy their own taxes,hire/fire staff independently,own real property,can issue revenue bonds, borrow $$$$,etc. SOME have their own police & fire companies.

what this decision does is place the burden of providing education on EVERYBODY in the ISD, rather than on real property owners only.

free dixie,sw

[cpprfld]

Heck I just looked at my Spring ISD tax bill and 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.

The 1.95 is cheap in comparison to Wisconsin property tax.

[Ditto]

So if they don't use the property tax to raise the $30 billion, where do you think they'll get the money? Maybe a a Texas size bake sale? (More likely an income tax)

[K-oneTexas]

The 'Lottery' was sold to the citizens of Texas by then Governor Ann Richards as going to the schools and education. Now remember this is politics, so after it passed the beneficiary of the money was switched - no more for education. Basically to General revenue. Fact of political life and our elected representatives, tell the people one thing and then do another.

Living in Texas since the late 70's and being a retired State employee (TX Comptroller Office) I've watched this mess for years. The elected representatives do not have the back bone to fix the system or the put a good one in place. In the Special Sessions this year they preferred to argue their pet schemes and "bosom buddies" (read money backers) and do nothing in hopes that the Courts would fix it. That way they could say they tries and get reelected.

This is most likely why they are in Austin only 90 days every two years. They do less harm that way. But don't get me wrong they can foul things up good. The current Commission created by Governor Perry to examine the tax system will not make easy or right choices. My bet, we get both a raised sales tax, an income tax and just to top it off a the statewide property tax will be re-initiated.

[Skooz]

Property taxes -- all of them -- are immoral.

[green iguana]

1.95 is cheap in comparison to Wisconsin property tax.

That's just for the schools... We also pay city and county property taxes state-wide. Then there are special property taxes for things like community college districts, hospital districts, etc ad nauseum. My property in Austin is taxed by 7 different taxing authorities.

[Skooz]

What happened to the lottery paying for education here in Texas????

That's the way riverboat gambling was hustled to us in Louisiana.

We were told that the gambling would provide higher teacher salaries, school funding would explode, and our taxes to pay for both would go down.

Some people were actually gullible enough to believe it.

[CodeToad]

BTTT!!!