Texas Dep't of Mental Health and Mental Retardation, 746 S.W.2d 203 (Tex.1987); see also
Camarena v. Texas Employment Comm'n, 754 S.W.2d 149 (Tex.1988). However, the trial
court did not abuse its discretion in refusing to award attorney fees against the defendant
school districts. See Oake v. Collin County, 692 S.W.2d 454 (Tex.1985).
Although we have ruled the school financing system to be unconstitutional, we do not now
instruct the legislature as to the specifics of the legislation it should enact; nor do we order it
to raise taxes. The legislature has primary responsibility to decide how best to achieve an
efficient system. We decide only the nature of the constitutional mandate and whether that
mandate has been met. Because we hold that the mandate of efficiency has not been met,
we reverse the judgment of the court of appeals. The legislature is duty-bound to provide for
an efficient system of education, and only if the legislature fulfills that duty can we launch
this great state into a strong economic future with educational opportunity for all.
Because of the enormity of the task now facing the legislature and because we want to avoid
any sudden disruption in the educational processes, we modify the trial court's judgment so
as to stay the effect of its injunction until May 1, 1990. [FN8] However, let there be no
misunderstanding. A remedy is long overdue. The legislature must take immediate action.
We reverse the judgment of the court of appeals and affirm the trial court's judgment as
modified.
FN8. We note that the Governor has already called a special session of the legislature
to begin November 14, 1989; the school finance problem could be resolved in that
session.