Public education was one of the primary goals of the early settlers of Texas. As early as 1838, President Mirabeau B. Lamar’s message to the Republic of Texas Congress advocated setting aside public domain for public schools. His interest caused him to be called the “Father of Education in Texas.” In 1839 Congress designated three leagues of land to support public schools for each Texas county and 50 leagues for a state university. In 1840 each county was allocated one more league of land.
The Republic, however, did not establish a public school system or a university. After being admitted into the Union, the 1845 Texas State Constitution advocated public education, instructing the Legislature to designate at least 10 percent of the tax revenue for schools. Further delay occurred until Gov. Elisha M. Pease, on Jan. 31, 1854, signed the bill setting up the Texas public school system.
The public school system was made possible by setting aside $2 million out of $10 million Texas received for relinquishing its claim to land north and west of its present boundaries in the Compromise of 1850.
During 1854, legislation provided for state apportionment of funds based upon an annual census. Also, railroads receiving grants were required to survey alternate sections to be set aside for public-school financing. The first school census that year showed 65,463 students; state fund apportionment was 62 cents per student.
When adopted in 1876, the present Texas Constitution provided: “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 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 perpetual public school fund.” More than 52 million acres of the Texas public domain were allotted for school purposes.
The Constitution also provided for one-fourth of occupation taxes and a poll tax of one dollar for school support and made provisions for local taxation. No provision was made for direct ad valorem taxation for maintenance of an available school fund, but a maximum 20-cent state ad valorem school tax was adopted in 1883 and raised to 35 cents in connection with provision of free textbooks in the amendment of 1918.
In 1949, the Gilmer-Aikin Laws reorganized the state system of public schools by making sweeping changes in administration and financing. The Texas Education Agency, headed by the governor-appointed Commissioner of Education, administers the public-school system. The policy-making body for public education is the 15-member State Board of Education, which is elected from separate districts for overlapping four-year terms.