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AG opines against Early To Rise

This kind of snuck in there.

Texas Attorney General Greg Abbott issued an opinion Monday saying a court would likely have found a petition effort last year to send a 1-cent property tax hike to voters to buoy local preschools to be illegal.

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On Monday, Abbott wrote in a 4-page opinion addressed to state Sen. Dan Patrick, R-Houston, who requested it, saying: “Because the Legislature has not authorized an election for the purpose of increasing a tax rate of a (countywide school district), a court would likely conclude that” the law does “not authorize a CSD to hold a petition-initiative election to increase the county equalization tax.”

Read the opinion here.

“I am grateful for the attorney general’s clear opinion today confirming the illegality of the Early To Rise initiative,” Emmett said in a statement. “Despite numerous threats of lawsuits, it was clear to me that this bizarre proposal was illegal and wrong-headed. It’s gratifying to have the confirmation of both the appellate court and the state of Texas.”

See here, here, and here for the background. Basically, the Early To Rise campaign submitted petition signatures on behalf of the Harris County School Readiness Corp, but County Judge Ed Emmett refused to put the measure on the ballot, a decision that was allowed to stand when the 14th Court of Appeals declined to hear HCSRC’s appeal. County Attorney Vince Ryan also submitted a request for an opinion on Emmett’s behalf, not that it makes much difference. As we know, AG opinions aren’t binding but they do have an effect, and as such I don’t see how the same process, with a differently worded petition, would be viable again. I do think we haven’t heard the last of this, however. The question is where they go from here. Neither the webpage nor the Facebook page has any reaction to the AG opinion. I sure hope there is a way forward of some kind, because there are lots of benefits to universal pre-K. Judge Emmett opposed the petition process but supports the idea. Surely there is a way to work this out and have another go in a way everyone agrees is legally acceptable.

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One Comment

  1. John says:

    Why not just have them raise the money from private individuals and foundations to prove out their plan. If you look at the board of Early to Rise they could get $25mm pretty easily. I think if they put their money where the mouth is then the public might be more receptive to their using tax dollars in the future

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