S.B. No. 380
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) The board may not include in any formula under this
2-8 section funding based on the number of doctoral students who have a
2-9 total of 131 or more semester credit hours of doctoral work at an
2-10 institution of higher education.
2-11 SECTION 5. Subchapter B, Chapter 54, Education Code, is
2-12 amended by adding Section 54.066 to read as follows:
2-13 Sec. 54.066. TUITION RATES FOR CERTAIN DOCTORAL STUDENTS.
2-14 The governing board of an institution of higher education may
2-15 charge a resident doctoral student who has more semester credit
2-16 hours of doctoral work than allowed for purposes of state funding
2-17 under Section 61.059(l) tuition at the rate charged nonresident
2-18 doctoral students.
2-19 SECTION 6. Subchapter F, Chapter 403, Government Code, is
2-20 amended by adding Section 403.0935 to read as follows:
2-21 Sec. 403.0935. ACCOUNT FOR CERTAIN GENERAL REVENUE
2-22 APPROPRIATIONS TO CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
2-23 (a) This section applies only to general revenue appropriations to
2-24 institutions of higher education that are not the appropriations
2-25 made under Article VII, Section 17, of the Texas Constitution.
2-26 (b) The higher education appropriations account is a special
2-27 account in the general revenue fund.
3-1 (c) The comptroller shall retain the appropriations to each
3-2 institution of higher education in the general revenue fund until
3-3 the appropriations are transferred to the higher education
3-4 appropriations account in accordance with this section.
3-5 (d) Notwithstanding any other law, on September 1, 1994, the
3-6 comptroller, as a ministerial duty, shall:
3-7 (1) transfer from the general revenue fund to the
3-8 higher education appropriations account an amount equal to 43/48 of
3-9 the total appropriations to institutions of higher education for
3-10 the fiscal year beginning September 1, 1994; and
3-11 (2) make available to each institution of higher
3-12 education an amount equal to 43/48 of the total appropriations for
3-13 that fiscal year to which the institution is entitled.
3-14 (e) Notwithstanding any other law, on September 1, 1995, the
3-15 comptroller shall make available from the general revenue fund to
3-16 each institution of higher education an amount equal to 5/48 of the
3-17 total appropriations to the institution for the fiscal year
3-18 beginning September 1, 1994.
3-19 (f) In this section, "institution of higher education" means
3-20 an institution of higher education, as defined by Section 61.003,
3-21 Education Code, other than a public junior college or public
3-22 technical institute, as those terms are defined by that section,
3-23 and other than hospital operations at The University of Texas
3-24 M. D. Anderson Cancer Center, The University of Texas Medical
3-25 Branch Hospital, and The University of Texas Health Center at
3-26 Tyler.
3-27 (g) This section expires October 1, 1995.
4-1 SECTION 7. Subchapter F, Chapter 403, Government Code, is
4-2 amended by adding Section 403.0936 to read as follows:
4-3 Sec. 403.0936. GENERAL REVENUE APPROPRIATIONS TO PUBLIC
4-4 JUNIOR COLLEGES. (a) The comptroller shall retain the
4-5 appropriations to each public junior college in the general revenue
4-6 fund until the appropriations are transferred to the higher
4-7 education appropriations account established under Section 403.0935
4-8 in accordance with this section.
4-9 (b) Notwithstanding any other law, on September 1, 1994, the
4-10 comptroller, as a ministerial duty, shall:
4-11 (1) transfer from the general revenue fund to the
4-12 higher education appropriations account an amount equal to 43/48 of
4-13 the total appropriations to public junior colleges for the fiscal
4-14 year beginning September 1, 1994; and
4-15 (2) distribute, in the manner and at the times
4-16 provided by Section 130.0031, Education Code, to each public junior
4-17 college an amount equal to 43/48 of the total appropriations for
4-18 that fiscal year to which the institution is entitled.
4-19 (c) Notwithstanding Section 130.0031, Education Code, on
4-20 September 1, 1995, the comptroller, as a ministerial duty, shall
4-21 distribute from the general revenue fund to each public junior
4-22 college an amount equal to 5/48 of the total appropriations to the
4-23 public junior college for the fiscal year beginning September 1,
4-24 1994.
4-25 (d) In this section, "public junior college" has the meaning
4-26 assigned by Section 61.003, Education Code.
4-27 (e) This section expires October 1, 1995.
5-1 SECTION 8. (a) Section 403.0935, Government Code, as added
5-2 by this Act, applies to general revenue appropriations beginning
5-3 with the fiscal year that begins September 1, 1994.
5-4 (b) Section 403.0936, Government Code, as added by this Act,
5-5 applies to general revenue appropriations beginning with the fiscal
5-6 year that begins September 1, 1994.
5-7 (c) Section 54.066, Education Code, as added by this Act,
5-8 applies beginning with the 1993-1994 academic year.
5-9 (d) Subsection (l), Section 61.059, Education Code, as added
5-10 by this Act, applies to formulas for fiscal years that begin on or
5-11 after September 1, 1993.
5-12 SECTION 9. Any savings to the general revenue fund that
5-13 results from the addition of Subsection (l), Section 61.059,
5-14 Education Code, shall be allocated to institutions of higher
5-15 education for the purpose of retiring tuition revenue bonds issued
5-16 for capital improvement projects in the South Texas/Border
5-17 Initiative.
5-18 SECTION 10. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended,
5-23 and that this Act take effect and be in force from and after its
5-24 passage, and it is so enacted.