By:  Ratliff                                           S.B. No. 380
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the distribution of state funds appropriated for
    1-2  elementary, secondary, and higher education.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 16.260, Education Code, is amended by
    1-5  adding Subsection (f) to read as follows:
    1-6        (f)  Notwithstanding Subsections (c)(5) and (d)(2) of this
    1-7  section, and except as otherwise provided by this subsection, a
    1-8  payment from the foundation school fund to a school district for
    1-9  August 1995 shall be made on September 1, 1995.  If the
   1-10  commissioner of education determines that a school district will
   1-11  experience extreme hardship if the payment is delayed under this
   1-12  subsection, the payment to that district may be made on or before
   1-13  August 25, 1995.  This subsection expires September 2, 1995.
   1-14        SECTION 2.  Section 403.093, Government Code, is amended by
   1-15  adding Subsection (h) to read as follows:
   1-16        (h)  Notwithstanding any other provision of this section, the
   1-17  comptroller may not transfer the revenue from occupation taxes that
   1-18  the comptroller would transfer in August 1995 to the foundation
   1-19  school fund before September 1, 1995.  This subsection expires
   1-20  September 15, 1995.
   1-21        SECTION 3.  Subsection (d), Section 74.602, Property Code, is
   1-22  amended to read as follows:
   1-23        (d)  The state treasurer shall transfer one-half of the
   1-24  balance of the unclaimed money fund to the foundation school fund
    2-1  on July 15, 1995.  This subsection expires September 1, 1995  <On
    2-2  the effective date of this Act, the state treasurer shall transfer
    2-3  $1.5 million from the unclaimed money fund to the state ethics
    2-4  fund>.
    2-5        SECTION 4.  Section 61.059, Education Code, is amended by
    2-6  adding Subsection (l) to read as follows:
    2-7        (l)  For the fiscal year beginning September 1, 1993, the
    2-8  board may not include in any formula under this section funding
    2-9  based on the number of doctoral students who have a total of 131 or
   2-10  more semester credit hours of doctoral work at an institution of
   2-11  higher education.  For the fiscal year beginning September 1, 1994,
   2-12  the board may not include in any formula under this section funding
   2-13  based on the number of doctoral students who have a total of 121 or
   2-14  more semester credit hours of doctoral work at an institution of
   2-15  higher education.  For the fiscal year beginning September 1, 1995,
   2-16  the board may not include in any formula under this section funding
   2-17  based on the number of doctoral students who have a total of 111 or
   2-18  more semester credit hours of doctoral work at an institution of
   2-19  higher education.  For the fiscal year beginning September 1, 1996,
   2-20  and each fiscal year thereafter, the board may not include in any
   2-21  formula under this section funding based on the number of doctoral
   2-22  students who have a total of 101 or more semester credit hours of
   2-23  doctoral work at an institution of higher education.
   2-24        SECTION 5.  Subchapter B, Chapter 54, Education Code, is
   2-25  amended by adding Section 54.066 to read as follows:
   2-26        Sec. 54.066.  TUITION RATES FOR CERTAIN DOCTORAL STUDENTS.
   2-27  The governing board of an institution of higher education may
    3-1  charge a resident doctoral student who has more semester credit
    3-2  hours of doctoral work than allowed for purposes of state funding
    3-3  under Section 61.059(l) tuition at the rate charged nonresident
    3-4  doctoral students.
    3-5        SECTION 6.  Subchapter F, Chapter 403, Government Code, is
    3-6  amended by adding Section 403.0935 to read as follows:
    3-7        Sec. 403.0935.  ACCOUNT FOR CERTAIN GENERAL REVENUE
    3-8  APPROPRIATIONS TO INSTITUTIONS OF HIGHER EDUCATION.  (a)  This
    3-9  section applies only to general revenue appropriations to
   3-10  institutions of higher education that are not the appropriations
   3-11  made under Article VII, Section 17, of the Texas Constitution.
   3-12        (b)  The higher education appropriations account is a special
   3-13  account in the general revenue fund.
   3-14        (c)  The comptroller shall retain the appropriations to each
   3-15  institution of higher education in the general revenue fund until
   3-16  the appropriations are transferred to the higher education
   3-17  appropriations account in accordance with this section.
   3-18        (d)  Except as provided by Subsection (f), on the first
   3-19  business day of September, the comptroller, as a ministerial duty,
   3-20  shall:
   3-21              (1)  transfer from the general revenue fund to the
   3-22  higher education appropriations account one-half of the total
   3-23  appropriations to institutions of higher education for a fiscal
   3-24  year; and
   3-25              (2)  make available to each institution of higher
   3-26  education one-half of the amount of appropriations for that fiscal
   3-27  year to which the institution is entitled.
    4-1        (e)  On the first business day of March, the comptroller, as
    4-2  a ministerial duty, shall:
    4-3              (1)  transfer from the general revenue fund to the
    4-4  higher education appropriations account one-half of the total
    4-5  appropriations to institutions of higher education for a fiscal
    4-6  year; and
    4-7              (2)  make available to each institution of higher
    4-8  education one-half of the amount of appropriations for that fiscal
    4-9  year to which the institution is entitled.
   4-10        (f)  If an institution of higher education provides the
   4-11  comptroller with documentation that the institution needs more than
   4-12  one-half of its appropriations available in September, the
   4-13  comptroller may make available to the institution more than
   4-14  one-half of the appropriations to the institution for that fiscal
   4-15  year.  If the comptroller distributes to the institution more than
   4-16  one-half of its appropriations under this subsection, the
   4-17  comptroller shall reduce the amount of subsequent distributions to
   4-18  the institution so that the institution receives only the amount
   4-19  appropriated to that institution for that fiscal year.
   4-20        (g)  In this section:
   4-21              (1)  "Business day" means a day that is not Saturday,
   4-22  Sunday, or a legal holiday.
   4-23              (2)  "Institution of higher education" means an
   4-24  institution of higher education other than hospital operations at
   4-25  The University of Texas M. D. Anderson Cancer Center, The
   4-26  University of Texas Medical Branch Hospital, and The University of
   4-27  Texas Health Center at Tyler.
    5-1        (h)  Notwithstanding Subsection (e), on March 1, 1995, the
    5-2  comptroller, as a ministerial duty, shall:
    5-3              (1)  transfer from the general revenue fund to the
    5-4  higher education appropriations account 19/48 of the total
    5-5  appropriations to institutions of higher education for the fiscal
    5-6  year beginning September 1, 1994; and
    5-7              (2)  make available to each institution of higher
    5-8  education 19/48 of the amount of appropriations for that fiscal
    5-9  year to which the institution is entitled.
   5-10        (i)  On September 1, 1995, the comptroller, as a ministerial
   5-11  duty, shall distribute from the general revenue fund to each
   5-12  institution of higher education an amount equal to 5/48 of the
   5-13  total appropriations to the institution for the fiscal year
   5-14  beginning September 1, 1994.
   5-15        (j)  This subsection and Subsections (h) and (i) expire
   5-16  October 1, 1995.
   5-17        SECTION 7.  (a)  Section 403.0935,  Government Code, as added
   5-18  by this Act, applies to general revenue appropriations beginning
   5-19  with the fiscal year that begins September 1, 1993.
   5-20        (b)  Section 54.066, Education Code, as added by this Act,
   5-21  applies beginning with the 1993-1994 academic year.
   5-22        SECTION 8.  The importance of this legislation and the
   5-23  crowded condition of the calendars in both houses create an
   5-24  emergency and an imperative public necessity that the
   5-25  constitutional rule requiring bills to be read on three several
   5-26  days in each house be suspended, and this rule is hereby suspended,
   5-27  and that this Act take effect and be in force from and after its
    6-1  passage, and it is so enacted.