S.J.R. No. 13
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 acquiring, constructing, or equipping or for major repair or
1-18 rehabilitation of buildings, facilities, other permanent
1-19 improvements, or capital equipment used jointly for educational and
1-20 general activities and for auxiliary enterprises to the extent of
1-21 their use for educational and general activities. For the
1-22 five-year period that begins on September 1, 2000, and for each
1-23 five-year period that begins after that period, the legislature,
1-24 during a <During the> regular session <of the legislature> that is
2-1 nearest, but preceding, a five-year period, <the beginning of each
2-2 fifth fiscal year dating from September 1, 1985, the legislature>
2-3 may by two-thirds vote of the membership of each house increase
2-4 <adjust> the amount of the constitutional appropriation for the
2-5 five-year period <ensuing five years> but may not adjust the
2-6 appropriation in such a way as to impair any obligation created by
2-7 the issuance of bonds or notes in accordance with this section.
2-8 SECTION 2. Article VII, Section 17(b), of the Texas
2-9 Constitution is amended to read as follows:
2-10 (b) The funds appropriated under Subsection (a) of this
2-11 section shall be for the use of the following eligible agencies and
2-12 institutions of higher education (even though their names may be
2-13 changed):
2-14 (1) East Texas State University including East Texas
2-15 State University at Texarkana;
2-16 (2) Lamar University including Lamar University at
2-17 Orange and Lamar University at Port Arthur;
2-18 (3) Midwestern State University;
2-19 (4) University of North Texas <State University>;
2-20 (5) The University of Texas--Pan American <University>
2-21 including The <Pan American> University of Texas at Brownsville;
2-22 (6) Stephen F. Austin State University;
2-23 (7) Texas College of Osteopathic Medicine;
2-24 (8) Texas State University System Administration and
2-25 the following component institutions:
2-26 (9) Angelo State University;
2-27 (10) Sam Houston State University;
3-1 (11) Southwest Texas State University;
3-2 (12) Sul Ross State University including Uvalde
3-3 Study Center;
3-4 (13) Texas Southern University;
3-5 (14) Texas Tech University;
3-6 (15) Texas Tech University Health Sciences Center;
3-7 (16) Texas Woman's University;
3-8 (17) University of Houston System Administration and
3-9 the following component institutions:
3-10 (18) University of Houston<--University Park>;
3-11 (19) University of Houston--Victoria;
3-12 (20) University of Houston--Clear Lake;
3-13 (21) University of Houston--Downtown;
3-14 (22) Texas A&M University--Corpus Christi; <University
3-15 System of South Texas System Administration and the following
3-16 component institutions:>
3-17 (23) Texas A&M International <Corpus Christi State>
3-18 University;
3-19 (24) <Laredo State University;>
3-20 <(25)> Texas A&M <A&I> University--Kingsville; <and>
3-21 (25) <(26)> West Texas A&M <State> University; and
3-22 (26) Texas State Technical College System and its
3-23 campuses, but not its extension centers or programs.
3-24 SECTION 3. Article VII, Section 17, of the Texas
3-25 Constitution is amended by adding Subsection (d-1) to read as
3-26 follows:
3-27 (d-1) Notwithstanding Subsection (d) of this section, the
4-1 allocation of the annual appropriation to Texas State Technical
4-2 College System and its campuses may not exceed 2.2 percent of the
4-3 total appropriation each fiscal year.
4-4 SECTION 4. Article VII, Sections 17(e), (f), and (g), of the
4-5 Texas Constitution are amended to read as follows:
4-6 (e) Each governing board authorized to participate in the
4-7 distribution of money under this section is authorized to expend
4-8 all money distributed to it for any of the purposes enumerated in
4-9 Subsection (a). In addition, <unless a single bonding agency is
4-10 designated as hereinafter provided,> such governing board may issue
4-11 bonds and notes for the purposes of refunding bonds or notes issued
4-12 under this section or prior law, acquiring land either with or
4-13 without permanent improvements, constructing and equipping
4-14 buildings or other permanent improvements, acquiring capital
4-15 equipment, library books, and library materials, paying for
4-16 acquiring, constructing, or equipping or for major repair or
4-17 rehabilitation of buildings, facilities, other permanent
4-18 improvements, or capital equipment used jointly for educational and
4-19 general activities and for auxiliary enterprises to the extent of
4-20 their use for educational and general activities, and for major
4-21 repair and rehabilitation of buildings or other permanent
4-22 improvements, and may pledge up to 50 percent of the money
4-23 allocated to such governing board pursuant to this section to
4-24 secure the payment of the principal and interest of such bonds or
4-25 notes. Proceeds from the issuance of bonds or notes under this
4-26 subsection shall be maintained in a local depository selected by
4-27 the governing board issuing the bonds or notes. The bonds and
5-1 notes issued under this subsection shall be payable solely out of
5-2 the money appropriated by this section and shall mature serially or
5-3 otherwise in not more than 10 years from their respective dates.
5-4 All bonds issued under this section shall be sold only through
5-5 competitive bidding and are subject to approval by the attorney
5-6 general. Bonds approved by the attorney general shall be
5-7 incontestable. The permanent university fund may be invested in
5-8 the bonds and notes issued under this section. <In lieu of the
5-9 authority granted to each governing board herein, the legislature
5-10 by general law may designate a single agency to issue bonds and
5-11 notes authorized under this section and transfer to that agency the
5-12 authority to collect and pledge money to the payment of such bonds
5-13 and notes for the purposes, to the extent, and subject to the
5-14 restrictions of this section. Provided, that such agency shall be
5-15 authorized to issue such bonds and notes for the benefit of an
5-16 eligible institution and pledge money collected hereunder only as
5-17 directed by the governing board of each eligible institution.>
5-18 (f) The funds appropriated by this section may not be used
5-19 for the purpose of constructing, equipping, repairing, or
5-20 rehabilitating buildings or other permanent improvements that are
5-21 to be used only for student housing, intercollegiate athletics, or
5-22 auxiliary enterprises.
5-23 (g) The <Except for that portion of the allocated funds that
5-24 may be required to be transferred to a single bonding agency, if
5-25 one is created, the> comptroller of public accounts shall make
5-26 annual transfers of the funds allocated pursuant to Subsection (d)
5-27 directly to the governing boards of the eligible institutions.
6-1 SECTION 5. The following temporary provision is added to the
6-2 Texas Constitution:
6-3 TEMPORARY PROVISION. (a) This temporary provision applies
6-4 to the constitutional amendment proposed by S.J.R. No. 13, 73rd
6-5 Legislature, Regular Session, 1993, and expires September 2, 1995.
6-6 (b) Section 2 of the constitutional amendment takes effect
6-7 September 1, 1995.
6-8 SECTION 6. This proposed constitutional amendment shall be
6-9 submitted to the voters at an election to be held November 2, 1993.
6-10 The ballot shall be printed to provide for voting for or against
6-11 the proposition: "The constitutional amendment relating to the
6-12 amount and expenditure of certain constitutionally dedicated
6-13 funding for public institutions of higher education."