Section 49-2-401 - Municipal school tax(a) Every incorporated municipality is empowered, through its governing board, to submit a proposition to the qualified voters to levy and collect a school tax, not exceeding the tax levied by the state for state purposes, on each one hundred dollars ($100) of the taxable property of the city or town submitting the proposition.(b) If two-thirds (2/3) of the qualified voters voting at the election vote for the tax, then the tax shall be levied and collected for the purpose of establishing a system of common schools in the city or town.(c) No tax shall be levied and collected in the municipality for and in any year unless the county in which the municipality is situated fails or refuses, on or before the April term of each year, to levy a county tax for common school purposes. Nothing in this section shall be construed to prohibit any municipality from levying a school tax additional to the county school tax.Acts 1872, ch. 12, §§ 1, 2, 5; Shan., §§ 1973, 1974, 1977; mod. Code 1932, §§ 3385, 3386, 3389; T.C.A. (orig. ed.), §§ 49-301 -- 49-303.