1-1  By:  Lucio                                            S.J.R. No. 13
    1-2        (In the Senate - Filed February 9, 1993; February 10, 1993,
    1-3  read first time and referred to Committee on Education;
    1-4  April 1, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 11, Nays 0; April 1, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Ratliff            x                               
   1-10        Haley              x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Harris of Tarrant  x                               
   1-14        Luna               x                               
   1-15        Montford           x                               
   1-16        Shapiro            x                               
   1-17        Sibley             x                               
   1-18        Turner             x                               
   1-19        Zaffirini          x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.J.R. No. 13                  By:  Sibley
   1-21                        SENATE JOINT RESOLUTION
   1-22  proposing a constitutional amendment relating to the amount and
   1-23  expenditure of certain constitutionally dedicated funding for
   1-24  public institutions of higher education.
   1-25        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Article VII, Section 17(a), of the Texas
   1-27  Constitution is amended to read as follows:
   1-28        (a)  For each fiscal year beginning with the fiscal year that
   1-29  begins on September 1, 1995, $200 million is <In the fiscal year
   1-30  beginning September 1, 1985, and each fiscal year thereafter, there
   1-31  is hereby> appropriated out of the first money coming into the
   1-32  state treasury not otherwise appropriated by the constitution <$100
   1-33  million> to be used by eligible agencies and institutions of higher
   1-34  education for the purpose of acquiring land either with or without
   1-35  permanent  improvements, constructing and equipping buildings or
   1-36  other permanent improvements, major repair or rehabilitation of
   1-37  buildings or other permanent improvements, <and> acquisition of
   1-38  capital equipment, library books and library materials, and paying
   1-39  for buildings or facilities used jointly for educational and
   1-40  general activities and for auxiliary enterprises to the extent of
   1-41  their use for educational and general activities.  For the
   1-42  five-year period that begins on September 1, 2000, and for each
   1-43  five-year period that begins after that period, the legislature,
   1-44  during a <During the> regular session <of the legislature> that is
   1-45  nearest, but preceding, a five-year period, <the beginning of each
   1-46  fifth fiscal year dating from September 1, 1985, the legislature>
   1-47  may by two-thirds vote of the membership of each house increase
   1-48  <adjust> the amount of the constitutional appropriation for the
   1-49  <ensuing> five-year period <years> but may not adjust the
   1-50  appropriation in such a way as to impair any obligation created by
   1-51  the issuance of bonds or notes in accordance with this section.
   1-52        SECTION 2.  Article VII, Section 17(b), of the Texas
   1-53  Constitution is amended to read as follows:
   1-54        (b)  The funds appropriated under Subsection (a) of this
   1-55  section shall be for the use of the following eligible agencies and
   1-56  institutions of higher education (even though their names may be
   1-57  changed):
   1-58              (1)  East Texas State University including East Texas
   1-59  State University at Texarkana;
   1-60              (2)  Lamar University including Lamar University at
   1-61  Orange and Lamar University at Port Arthur;
   1-62              (3)  Midwestern State University;
   1-63              (4)  University of North Texas <State University>;
   1-64              (5)  The University of Texas--Pan American <University>
   1-65  including The <Pan American> University of Texas at Brownsville;
   1-66              (6)  Stephen F. Austin State University;
   1-67              (7)  Texas College of Osteopathic Medicine;
   1-68              (8)  Texas State University System Administration and
    2-1  the following component institutions:
    2-2              (9)  Angelo State University;
    2-3              (10)  Sam Houston State University;
    2-4              (11)  Southwest Texas State University;
    2-5              (12)  Sul Ross State University including Uvalde Study
    2-6  Center;
    2-7              (13)  Texas Southern University;
    2-8              (14)  Texas Tech University;
    2-9              (15)  Texas Tech University Health Sciences Center;
   2-10              (16)  Texas Woman's University;
   2-11              (17)  University of Houston System Administration and
   2-12  the following component institutions:
   2-13              (18)  University of Houston<--University Park>;
   2-14              (19)  University of Houston--Victoria;
   2-15              (20)  University of Houston--Clear Lake;
   2-16              (21)  University of Houston--Downtown;
   2-17              (22)  Texas A&M University--Corpus Christi; <University
   2-18  System of South Texas System Administration and the following
   2-19  component institutions:>
   2-20              (23)  Texas A&M International <Corpus Christi State>
   2-21  University;
   2-22              (24)  <Laredo State University;>
   2-23              <(25)>  Texas A&M <A&I> University--Kingsville; <and>
   2-24              (25) <(26)>  West Texas A&M <State> University; and
   2-25              (26)  Texas State Technical College System and its
   2-26  Waco, Amarillo, Harlingen, and Sweetwater campuses, but not its
   2-27  extension centers or programs.
   2-28        SECTION 3.  Article VII, Sections 17(e), (f), and (g), of the
   2-29  Texas Constitution are amended to read as follows:
   2-30        (e)  Each governing board authorized to participate in the
   2-31  distribution of money under this section is authorized to expend
   2-32  all money distributed to it for any of the purposes enumerated in
   2-33  Subsection (a).  In addition, <unless a single bonding agency is
   2-34  designated as hereinafter provided,> such governing board may issue
   2-35  bonds and notes for the purposes of refunding bonds or notes issued
   2-36  under this section or prior law, acquiring land either with or
   2-37  without permanent improvements, constructing and equipping
   2-38  buildings or other permanent improvements, acquiring capital
   2-39  equipment, library books, and library materials, and for major
   2-40  repair and rehabilitation of buildings or other permanent
   2-41  improvements, and may pledge up to 50 percent of the money
   2-42  allocated to such governing board pursuant to this section to
   2-43  secure the payment of the principal and interest of such bonds or
   2-44  notes.  Proceeds from the issuance of bonds or notes under this
   2-45  subsection shall be maintained in a local depository selected by
   2-46  the governing board issuing the bonds or notes.  The bonds and
   2-47  notes issued under this subsection shall be payable solely out of
   2-48  the money appropriated by this section and shall mature serially or
   2-49  otherwise in not more than 10 years from their respective dates.
   2-50  All bonds issued under this section shall be sold only through
   2-51  competitive bidding and are subject to approval by the attorney
   2-52  general.  Bonds approved by the attorney general shall be
   2-53  incontestable.  The permanent university fund may be invested in
   2-54  the bonds and notes issued under this section.  <In lieu of the
   2-55  authority granted to each governing board herein, the legislature
   2-56  by general law may designate a single agency to issue bonds and
   2-57  notes authorized under this section and transfer to that agency the
   2-58  authority to collect and pledge money to the payment of such bonds
   2-59  and notes for the purposes, to the extent, and subject to the
   2-60  restrictions of this section.  Provided, that such agency shall be
   2-61  authorized to issue such bonds and notes for the benefit of an
   2-62  eligible institution and pledge money collected hereunder only as
   2-63  directed by the governing board of each eligible institution.>
   2-64        (f)  The funds appropriated by this section may not be used
   2-65  for the purpose of constructing, equipping, repairing, or
   2-66  rehabilitating buildings or other permanent improvements that are
   2-67  to be used only for student housing, intercollegiate athletics, or
   2-68  auxiliary enterprises.
   2-69        (g)  The <Except for that portion of the allocated funds that
   2-70  may be required to be transferred to a single bonding agency, if
    3-1  one is created, the> comptroller of public accounts shall make
    3-2  annual transfers of the funds allocated pursuant to Subsection (d)
    3-3  directly to the governing boards of the eligible institutions.
    3-4        SECTION 4.  The following temporary provision is added to the
    3-5  Texas Constitution:
    3-6        TEMPORARY PROVISION.  (a)  This temporary provision applies
    3-7  to the constitutional amendment proposed by S.J.R. No. 13, 73rd
    3-8  Legislature, Regular Session, 1993, and expires September 2, 1995.
    3-9        (b)  Section 2 of the constitutional amendment takes effect
   3-10  September 1, 1995.
   3-11        SECTION 5.  This proposed constitutional amendment shall be
   3-12  submitted to the voters at an election to be held November 2, 1993.
   3-13  The ballot shall be printed to provide for voting for or against
   3-14  the proposition:  "The constitutional amendment relating to the
   3-15  amount and expenditure of certain constitutionally dedicated
   3-16  funding for public institutions of higher education."
   3-17                               * * * * *
   3-18                                                         Austin,
   3-19  Texas
   3-20                                                         April 1, 1993
   3-21  Hon. Bob Bullock
   3-22  President of the Senate
   3-23  Sir:
   3-24  We, your Committee on Education to which was referred S.J.R. No.
   3-25  13, have had the same under consideration, and I am instructed to
   3-26  report it back to the Senate with the recommendation that it do not
   3-27  pass, but that the Committee Substitute adopted in lieu thereof do
   3-28  pass and be printed.
   3-29                                                         Ratliff,
   3-30  Chairman
   3-31                               * * * * *
   3-32                               WITNESSES
   3-33                                                  FOR   AGAINST  ON
   3-34  ___________________________________________________________________
   3-35  Name:  Gilbert Leal                              x
   3-36  Representing:  Tx State Technical College
   3-37  City:  Harlingen
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   3-39  Name:  James A. Bird                                           x
   3-40  Representing:  TSTC
   3-41  City:  Waco
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   3-43  Name:  Ron DeSpain                                             x
   3-44  Representing:  TSTC
   3-45  City:  Amarillo
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