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
3-38 -------------------------------------------------------------------
3-39 Name: James A. Bird x
3-40 Representing: TSTC
3-41 City: Waco
3-42 -------------------------------------------------------------------
3-43 Name: Ron DeSpain x
3-44 Representing: TSTC
3-45 City: Amarillo
3-46 -------------------------------------------------------------------