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.