By: Lucio, Ratliff, Bivins S.J.R. No. 13
Carriker, Sibley
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the amount and
1-2 expenditure of certain constitutionally dedicated funding for
1-3 public institutions of higher education.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article VII, Section 17(a), of the Texas
1-6 Constitution is amended to read as follows:
1-7 (a) In the fiscal year beginning September 1, 1985, and each
1-8 fiscal year thereafter, there is hereby appropriated out of the
1-9 first money coming into the state treasury not otherwise
1-10 appropriated by the constitution $100 million to be used by
1-11 eligible agencies and institutions of higher education for the
1-12 purpose of acquiring land either with or without permanent
1-13 improvements, constructing and equipping buildings or other
1-14 permanent improvements, major repair or rehabilitation of buildings
1-15 or other permanent improvements, <and> acquisition of capital
1-16 equipment, library books and library materials, and paying for
1-17 buildings or facilities used jointly for educational and general
1-18 activities and for auxiliary enterprises to the extent of their use
1-19 for educational and general activities. For the five-year period
1-20 that begins on September 1, 2000, and for each five-year period
1-21 that begins after that period, the legislature, during a <During
1-22 the> regular session <of the legislature> that is nearest, but
1-23 preceding, a five-year period, <the beginning of each fifth fiscal
1-24 year dating from September 1, 1985, the legislature> may by
2-1 two-thirds vote of the membership of each house increase <adjust>
2-2 the amount of the constitutional appropriation for the five-year
2-3 period <ensuing five years> but may not adjust the appropriation in
2-4 such a way as to impair any obligation created by the issuance of
2-5 bonds or notes in accordance with this section.
2-6 SECTION 2. Article VII, Section 17(b), of the Texas
2-7 Constitution is amended to read as follows:
2-8 (b) The funds appropriated under Subsection (a) of this
2-9 section shall be for the use of the following eligible agencies and
2-10 institutions of higher education (even though their names may be
2-11 changed):
2-12 (1) East Texas State University including East Texas
2-13 State University at Texarkana;
2-14 (2) Lamar University including Lamar University at
2-15 Orange and Lamar University at Port Arthur;
2-16 (3) Midwestern State University;
2-17 (4) University of North Texas <State University>;
2-18 (5) The University of Texas--Pan American <University>
2-19 including The <Pan American> University of Texas at Brownsville;
2-20 (6) Stephen F. Austin State University;
2-21 (7) Texas College of Osteopathic Medicine;
2-22 (8) Texas State University System Administration and
2-23 the following component institutions:
2-24 (9) Angelo State University;
2-25 (10) Sam Houston State University;
2-26 (11) Southwest Texas State University;
2-27 (12) Sul Ross State University including Uvalde
3-1 Study Center;
3-2 (13) Texas Southern University;
3-3 (14) Texas Tech University;
3-4 (15) Texas Tech University Health Sciences Center;
3-5 (16) Texas Woman's University;
3-6 (17) University of Houston System Administration and
3-7 the following component institutions:
3-8 (18) University of Houston<--University Park>;
3-9 (19) University of Houston--Victoria;
3-10 (20) University of Houston--Clear Lake;
3-11 (21) University of Houston--Downtown;
3-12 (22) Texas A&M University--Corpus Christi; <University
3-13 System of South Texas System Administration and the following
3-14 component institutions:>
3-15 (23) Texas A&M International <Corpus Christi State>
3-16 University;
3-17 (24) <Laredo State University;>
3-18 <(25)> Texas A&M <A&I> University--Kingsville; <and>
3-19 (25) <(26)> West Texas A&M <State> University; and
3-20 (26) Texas State Technical College System and its
3-21 campuses, but not its extension centers or programs.
3-22 SECTION 3. Article VII, Sections 17(e), (f), and (g), of the
3-23 Texas Constitution are amended to read as follows:
3-24 (e) Each governing board authorized to participate in the
3-25 distribution of money under this section is authorized to expend
3-26 all money distributed to it for any of the purposes enumerated in
3-27 Subsection (a). In addition, <unless a single bonding agency is
4-1 designated as hereinafter provided,> such governing board may issue
4-2 bonds and notes for the purposes of refunding bonds or notes issued
4-3 under this section or prior law, acquiring land either with or
4-4 without permanent improvements, constructing and equipping
4-5 buildings or other permanent improvements, acquiring capital
4-6 equipment, library books, and library materials, and for major
4-7 repair and rehabilitation of buildings or other permanent
4-8 improvements, and may pledge up to 50 percent of the money
4-9 allocated to such governing board pursuant to this section to
4-10 secure the payment of the principal and interest of such bonds or
4-11 notes. Proceeds from the issuance of bonds or notes under this
4-12 subsection shall be maintained in a local depository selected by
4-13 the governing board issuing the bonds or notes. The bonds and
4-14 notes issued under this subsection shall be payable solely out of
4-15 the money appropriated by this section and shall mature serially or
4-16 otherwise in not more than 10 years from their respective dates.
4-17 All bonds issued under this section shall be sold only through
4-18 competitive bidding and are subject to approval by the attorney
4-19 general. Bonds approved by the attorney general shall be
4-20 incontestable. The permanent university fund may be invested in
4-21 the bonds and notes issued under this section. <In lieu of the
4-22 authority granted to each governing board herein, the legislature
4-23 by general law may designate a single agency to issue bonds and
4-24 notes authorized under this section and transfer to that agency the
4-25 authority to collect and pledge money to the payment of such bonds
4-26 and notes for the purposes, to the extent, and subject to the
4-27 restrictions of this section. Provided, that such agency shall be
5-1 authorized to issue such bonds and notes for the benefit of an
5-2 eligible institution and pledge money collected hereunder only as
5-3 directed by the governing board of each eligible institution.>
5-4 (f) The funds appropriated by this section may not be used
5-5 for the purpose of constructing, equipping, repairing, or
5-6 rehabilitating buildings or other permanent improvements that are
5-7 to be used only for student housing, intercollegiate athletics, or
5-8 auxiliary enterprises.
5-9 (g) The <Except for that portion of the allocated funds that
5-10 may be required to be transferred to a single bonding agency, if
5-11 one is created, the> comptroller of public accounts shall make
5-12 annual transfers of the funds allocated pursuant to Subsection (d)
5-13 directly to the governing boards of the eligible institutions.
5-14 SECTION 4. The following temporary provision is added to the
5-15 Texas Constitution:
5-16 TEMPORARY PROVISION. (a) This temporary provision applies
5-17 to the constitutional amendment proposed by S.J.R. No. 13, 73rd
5-18 Legislature, Regular Session, 1993, and expires September 2, 1995.
5-19 (b) Section 2 of the constitutional amendment takes effect
5-20 September 1, 1995.
5-21 SECTION 5. This proposed constitutional amendment shall be
5-22 submitted to the voters at an election to be held November 2, 1993.
5-23 The ballot shall be printed to provide for voting for or against
5-24 the proposition: "The constitutional amendment relating to the
5-25 amount and expenditure of certain constitutionally dedicated
5-26 funding for public institutions of higher education."