1-1 By: Ratliff S.B. No. 380
1-2 (In the Senate - Filed February 17, 1993; February 18, 1993,
1-3 read first time and referred to Committee on Finance;
1-4 February 24, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0;
1-6 February 24, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 380 By: Ratliff
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the distribution of state funds appropriated for
1-26 elementary, secondary, and higher education.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Section 16.260, Education Code, is amended by
1-29 adding Subsection (f) to read as follows:
1-30 (f) Notwithstanding Subsections (c)(5) and (d)(2) of this
1-31 section, and except as otherwise provided by this subsection, a
1-32 payment from the foundation school fund to a school district for
1-33 August 1995 shall be made on September 1, 1995. If the
1-34 commissioner of education determines that a school district will
1-35 experience extreme hardship if the payment is delayed under this
1-36 subsection, the payment to that district may be made on or before
1-37 August 25, 1995. This subsection expires September 2, 1995.
1-38 SECTION 2. Section 403.093, Government Code, is amended by
1-39 adding Subsection (h) to read as follows:
1-40 (h) Notwithstanding any other provision of this section, the
1-41 comptroller may not transfer the revenue from occupation taxes that
1-42 the comptroller would transfer in August 1995 to the foundation
1-43 school fund before September 1, 1995. This subsection expires
1-44 September 15, 1995.
1-45 SECTION 3. Subsection (d), Section 74.602, Property Code, is
1-46 amended to read as follows:
1-47 (d) The state treasurer shall transfer one-half of the
1-48 balance of the unclaimed money fund to the foundation school fund
1-49 on July 15, 1995. This subsection expires September 1, 1995 <On
1-50 the effective date of this Act, the state treasurer shall transfer
1-51 $1.5 million from the unclaimed money fund to the state ethics
1-52 fund>.
1-53 SECTION 4. Section 61.059, Education Code, is amended by
1-54 adding Subsection (l) to read as follows:
1-55 (l) For the fiscal year beginning September 1, 1993, the
1-56 board may not include in any formula under this section funding
1-57 based on the number of doctoral students who have a total of 131 or
1-58 more semester credit hours of doctoral work at an institution of
1-59 higher education. For the fiscal year beginning September 1, 1994,
1-60 the board may not include in any formula under this section funding
1-61 based on the number of doctoral students who have a total of 121 or
1-62 more semester credit hours of doctoral work at an institution of
1-63 higher education. For the fiscal year beginning September 1, 1995,
1-64 the board may not include in any formula under this section funding
1-65 based on the number of doctoral students who have a total of 111 or
1-66 more semester credit hours of doctoral work at an institution of
1-67 higher education. For the fiscal year beginning September 1, 1996,
1-68 and each fiscal year thereafter, the board may not include in any
2-1 formula under this section funding based on the number of doctoral
2-2 students who have a total of 101 or more semester credit hours of
2-3 doctoral work at an institution of higher education.
2-4 SECTION 5. Subchapter B, Chapter 54, Education Code, is
2-5 amended by adding Section 54.066 to read as follows:
2-6 Sec. 54.066. TUITION RATES FOR CERTAIN DOCTORAL STUDENTS.
2-7 The governing board of an institution of higher education may
2-8 charge a resident doctoral student who has more semester credit
2-9 hours of doctoral work than allowed for purposes of state funding
2-10 under Section 61.059(l) tuition at the rate charged nonresident
2-11 doctoral students.
2-12 SECTION 6. Subchapter F, Chapter 403, Government Code, is
2-13 amended by adding Section 403.0935 to read as follows:
2-14 Sec. 403.0935. ACCOUNT FOR CERTAIN GENERAL REVENUE
2-15 APPROPRIATIONS TO INSTITUTIONS OF HIGHER EDUCATION. (a) This
2-16 section applies only to general revenue appropriations to
2-17 institutions of higher education that are not the appropriations
2-18 made under Article VII, Section 17, of the Texas Constitution.
2-19 (b) The higher education appropriations account is a special
2-20 account in the general revenue fund.
2-21 (c) The comptroller shall retain the appropriations to each
2-22 institution of higher education in the general revenue fund until
2-23 the appropriations are transferred to the higher education
2-24 appropriations account in accordance with this section.
2-25 (d) Except as provided by Subsection (f), on the first
2-26 business day of September, the comptroller, as a ministerial duty,
2-27 shall:
2-28 (1) transfer from the general revenue fund to the
2-29 higher education appropriations account one-half of the total
2-30 appropriations to institutions of higher education for a fiscal
2-31 year; and
2-32 (2) make available to each institution of higher
2-33 education one-half of the amount of appropriations for that fiscal
2-34 year to which the institution is entitled.
2-35 (e) On the first business day of March, the comptroller, as
2-36 a ministerial duty, shall:
2-37 (1) transfer from the general revenue fund to the
2-38 higher education appropriations account one-half of the total
2-39 appropriations to institutions of higher education for a fiscal
2-40 year; and
2-41 (2) make available to each institution of higher
2-42 education one-half of the amount of appropriations for that fiscal
2-43 year to which the institution is entitled.
2-44 (f) If an institution of higher education provides the
2-45 comptroller with documentation that the institution needs more than
2-46 one-half of its appropriations available in September, the
2-47 comptroller may make available to the institution more than
2-48 one-half of the appropriations to the institution for that fiscal
2-49 year. If the comptroller distributes to the institution more than
2-50 one-half of its appropriations under this subsection, the
2-51 comptroller shall reduce the amount of subsequent distributions to
2-52 the institution so that the institution receives only the amount
2-53 appropriated to that institution for that fiscal year.
2-54 (g) In this section:
2-55 (1) "Business day" means a day that is not Saturday,
2-56 Sunday, or a legal holiday.
2-57 (2) "Institution of higher education" means an
2-58 institution of higher education other than hospital operations at
2-59 The University of Texas M. D. Anderson Cancer Center, The
2-60 University of Texas Medical Branch Hospital, and The University of
2-61 Texas Health Center at Tyler.
2-62 (h) Notwithstanding Subsection (e), on March 1, 1995, the
2-63 comptroller, as a ministerial duty, shall:
2-64 (1) transfer from the general revenue fund to the
2-65 higher education appropriations account 19/48 of the total
2-66 appropriations to institutions of higher education for the fiscal
2-67 year beginning September 1, 1994; and
2-68 (2) make available to each institution of higher
2-69 education 19/48 of the amount of appropriations for that fiscal
2-70 year to which the institution is entitled.
3-1 (i) On September 1, 1995, the comptroller, as a ministerial
3-2 duty, shall distribute from the general revenue fund to each
3-3 institution of higher education an amount equal to 5/48 of the
3-4 total appropriations to the institution for the fiscal year
3-5 beginning September 1, 1994.
3-6 (j) This subsection and Subsections (h) and (i) expire
3-7 October 1, 1995.
3-8 SECTION 7. (a) Section 403.0935, Government Code, as added
3-9 by this Act, applies to general revenue appropriations beginning
3-10 with the fiscal year that begins September 1, 1993.
3-11 (b) Section 54.066, Education Code, as added by this Act,
3-12 applies beginning with the 1993-1994 academic year.
3-13 SECTION 8. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.
3-20 * * * * *
3-21 Austin,
3-22 Texas
3-23 February 24,
3-24 1993
3-25 Hon. Bob Bullock
3-26 President of the Senate
3-27 Sir:
3-28 We, your Committee on Finance to which was referred S.B. No. 380,
3-29 have had the same under consideration, and I am instructed to
3-30 report it back to the Senate with the recommendation that it do not
3-31 pass, but that the Committee Substitute adopted in lieu thereof do
3-32 pass and be printed.
3-33 Montford,
3-34 Chairman
3-35 * * * * *
3-36 WITNESSES
3-37 FOR AGAINST ON
3-38 ___________________________________________________________________
3-39 Name: Chris Cook x
3-40 Representing: Texas Performance Review
3-41 City: Austin
3-42 -------------------------------------------------------------------
3-43 Name: Thomas Plaut x
3-44 Representing: State Comptroller
3-45 City: Austin
3-46 -------------------------------------------------------------------
3-47 Name: E. Dean Gage, Sr. V-P & Provost x
3-48 Representing: Texas A&M University
3-49 City: College Station
3-50 -------------------------------------------------------------------
3-51 Name: Steven Crandall, VP for Fiscal Affrs x
3-52 Representing: Texas A&I University
3-53 City: Kingsville
3-54 -------------------------------------------------------------------
3-55 Name: Harold S. Bonner, VP x
3-56 Representing: Prairie View A&M University
3-57 City: Prairie View
3-58 -------------------------------------------------------------------
3-59 Name: Michael J. Best, Chief Financial x
3-60 Off.
3-61 Representing: UT M.D. Anderson Cancer Ctr
3-62 City: Houston
3-63 -------------------------------------------------------------------
3-64 FOR AGAINST ON
3-65 ___________________________________________________________________
3-66 Name: Robert W. Lawless x
3-67 Representing: Texas Tech University
3-68 City: Lubbock
3-69 -------------------------------------------------------------------
3-70 Name: William H. Cunningham x
4-1 Representing: UT System
4-2 City: Austin
4-3 -------------------------------------------------------------------
4-4 Name: Ryan C. Amacher x
4-5 Representing: UT Arlington
4-6 City: Arlington
4-7 -------------------------------------------------------------------
4-8 Name: Robert M. Berdahl, President x
4-9 Representing: UT - Austin
4-10 City: Austin
4-11 -------------------------------------------------------------------
4-12 Name: Al F. Tasch x
4-13 Representing: UT Austin
4-14 City: Austin
4-15 -------------------------------------------------------------------
4-16 Name: Ingrid K. Taylor x
4-17 Representing: Tx Performance Review
4-18 City: Austin
4-19 -------------------------------------------------------------------
4-20 Name: Jeffrey R. Cole x
4-21 Representing: State Comptroller
4-22 City: Austin
4-23 -------------------------------------------------------------------
4-24 Name: Diana Natalicio, President x
4-25 Representing: UT El Paso
4-26 City: El Paso
4-27 -------------------------------------------------------------------
4-28 Name: Dan Burck x
4-29 Representing: UT System
4-30 City: Austin
4-31 -------------------------------------------------------------------
4-32 Name: Daniel T. Casey x
4-33 Representing: Tx Assn of School Boards
4-34 City: Austin
4-35 -------------------------------------------------------------------
4-36 Name: Roger W. Elliott x
4-37 Representing: Tx Higher Ed Coord Board
4-38 City: Austin
4-39 -------------------------------------------------------------------
4-40 Name: Debbi Bailey x
4-41 Representing: Tx Performance Review
4-42 City: Austin
4-43 -------------------------------------------------------------------
4-44 Name: Jose Garcia, VP Finance & Admin x
4-45 Representing: Laredo State University
4-46 City: Laredo
4-47 -------------------------------------------------------------------