By: Duncan H.B. No. 2251
73R2827 SOS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reallocating the constitutionally dedicated funding for
1-3 public institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 66.03, Education Code, is amended by
1-6 amending Subsections (b) and (c) and adding Subsection (d) to read
1-7 as follows:
1-8 (b) The board of regents of The University of Texas System
1-9 shall expend as much of the available university fund as is
1-10 appropriated by the legislature for the administration of the
1-11 university lands and of the permanent university fund, the expenses
1-12 to be apportioned among <between> the institutions of higher
1-13 education and state <two> systems that are entitled to the
1-14 dedicated funding under Article VII, Section 18, of the Texas
1-15 Constitution in proportion to their receipts of available
1-16 university funds under the terms of this section.
1-17 (c) The board of directors of The Texas A&M University
1-18 System shall expend one-third of all the available university fund
1-19 received from the permanent university fund <arising from the
1-20 1,000,000 acres of land appropriated by the constitution and the
1-21 land appropriated by the Act of 1883, except income from grazing
1-22 leases on university lands> (less its proportion of expenses of
1-23 administration <and excluding any expenses of administration from
1-24 grazing leases>); and the board of regents of The University of
2-1 Texas System shall expend one-third <the balance> of the available
2-2 fund<, including all the income from grazing leases on university
2-3 lands> (less its proportion of expenses of administration).
2-4 (d) During each fiscal year, the Texas Higher Education
2-5 Coordinating Board shall allocate, on an equitable basis, one-third
2-6 of the available university fund among the HEAF institutions. The
2-7 board of regents of those institutions are entitled to spend the
2-8 share of the available university fund allocated under this
2-9 subsection, less the proportion of administrative expenses
2-10 apportioned under Subsection (b) of this section. In this
2-11 subsection, "HEAF institution" means:
2-12 (1) Texas State University System, including its
2-13 components;
2-14 (2) University of Houston System, including its
2-15 components;
2-16 (3) Lamar University System, including its components;
2-17 (4) East Texas State University and East Texas State
2-18 University at Texarkana;
2-19 (5) Midwestern State University;
2-20 (6) University of North Texas;
2-21 (7) Texas College of Osteopathic Medicine;
2-22 (8) Stephen F. Austin State University;
2-23 (9) Texas Southern University;
2-24 (10) Texas Tech University, including its medical
2-25 component; and
2-26 (11) Texas Woman's University.
2-27 SECTION 2. Subchapter B, Chapter 66, Education Code, is
3-1 amended by adding Section 66.215 to read as follows:
3-2 Sec. 66.215. BONDS OR NOTES ISSUED BY CERTAIN INSTITUTIONS.
3-3 (a) The HEAF institutions are entitled to issue bonds and notes
3-4 under Article VII, Section 18(b-1), of the Texas Constitution in
3-5 accordance with the procedure under this section.
3-6 (b) Before a board of regents of a HEAF institution may
3-7 issue bonds or notes under this section, the Texas Higher Education
3-8 Coordinating Board shall determine the amount of bonds and notes
3-9 that the board may issue. That amount must be a portion, allocated
3-10 on an equitable basis, of an amount equal to 10 percent of the cost
3-11 value of the investments and other assets of the permanent
3-12 university fund, exclusive of real estate, as of the time the board
3-13 proposes to issue the bonds or notes.
3-14 (c) In this section, "HEAF institution" has the meaning
3-15 assigned by Section 66.03(d) of this code.
3-16 SECTION 3. Subchapter B, Chapter 62, Education Code, is
3-17 amended by adding Section 62.024 to read as follows:
3-18 Sec. 62.024. APPLICABILITY. This subchapter does not apply
3-19 to the dedicated funding under Article VII, Section 18, of the
3-20 Texas Constitution.
3-21 SECTION 4. This Act takes effect on the date on which the
3-22 constitutional amendment proposed by the 73rd Legislature, Regular
3-23 Session, 1993, relating to reallocating the constitutionally
3-24 dedicated funding for certain public institutions of higher
3-25 education, is approved by the voters. If that proposed
3-26 constitutional amendment is not approved by the voters, this Act
3-27 has no effect.
4-1 SECTION 5. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.