What My Texas Property Tax Lawsuit Is Really About — A Constitutional Explanation

Many Texans are confused about what my lawsuit is actually arguing, so I want to explain it clearly, honestly, and without political spin.

This case is not about attacking public schools.

It is not about a judge setting tax rates.

And it is not about refunds or chaos.

This case is about whether Texas is following its own Constitution when it funds public education through property taxes.

The Texas Constitution Creates a Duty — And Limits How It Can Be Funded

The Texas Constitution does two very important things that must be read together.

First: Article VII — The Education Duty

Article VII of the Texas Constitution makes public education a mandatory duty of the State.

This responsibility belongs to the State of Texas — not individual homeowners.

That duty is constitutional. It cannot be ignored, avoided, or shifted away.

Second: Article VIII — Limits on Taxation

Article VIII of the Texas Constitution strictly limits how taxes may be imposed, including:

• Requirements for equal and uniform taxation

• Limits on appraisal growth and tax rates

• Voter-approval requirements when tax burdens are increased beyond authorized limits

In simple terms: how the State raises money matters just as much as why it raises it.

What the State Actually Did Instead

Rather than directly funding its constitutional duty, the State created a system that:

• Shifts a statewide education obligation onto local property owners

• Relies on ever-increasing property taxes to fund that obligation

• Imposes escalating tax burdens without voters ever approving that structure itself

While voters may approve local rates, they never approved being made responsible for carrying a state constitutional duty.

That distinction is critical.

Where the Constitutional Conflict Occurs

When a constitutional duty (education) is carried out using a funding method that violates constitutional limits (taxation and voter approval), a conflict arises.

And the Texas Constitution is very clear about what happens next.

Article I, Section 28: What Happens When Laws Violate the Constitution

Article I, Section 28 of the Texas Constitution states a foundational rule:

Laws that are inconsistent with the Constitution are void.

That means no statute, regulation, or enforcement system can override the Constitution — regardless of how long it has existed.

The Constitution controls. Always.

What I Am Asking the Court to Do

I am asking the Court to do one thing only:

👉 Determine whether the current education-funding and property-tax enforcement system complies with the Texas Constitution and the United States Constitution.

I am not asking the Court to:

• Set tax rates

• Rewrite education policy

• Order refunds

• Replace the Legislature

I am asking for:

• A declaration of constitutional compliance (or non-compliance)

• Prospective relief if the system is unconstitutional

• The Legislature to correct the problem lawfully, if one exists

That is it.

Why This Case Matters to Every Texan

If constitutional limits can be bypassed simply by shifting responsibility onto homeowners, then those limits no longer protect anyone.

This case is about constitutional structure, voter consent, and accountability — not politics.

In Texas, the Constitution is supposed to mean something.

This lawsuit asks the Court to say whether it still does.

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