By Junell H.B. No. 2462
74R6841 JSA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the allocation of certain funds to certain institutions
1-3 of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 62.003, Education Code, is amended by
1-6 adding Subdivision (3) to read as follows:
1-7 (3) "Coordinating board" means the Texas Higher
1-8 Education Coordinating Board.
1-9 SECTION 2. Sections 62.021(a) and (b), Education Code, are
1-10 amended to read as follows:
1-11 (a) Each fiscal year, an eligible institution is entitled to
1-12 receive an amount allocated in accordance with this section from
1-13 funds appropriated by Article VII, Section 17(a), of the
1-14 Constitution of Texas. The comptroller of public accounts shall
1-15 distribute funds allocated under this subsection only on
1-16 presentation of a claim and issuance of a warrant in accordance
1-17 with Section 403.071, Government Code. The comptroller may not
1-18 issue a warrant from any funds allocated under this subsection
1-19 before the delivery of goods or services described in Section 17,
1-20 Article VII, Texas Constitution, except for the payment of
1-21 principal or interest on bonds or notes. The allocation of funds
1-22 under this subsection is made in accordance with an equitable
1-23 formula consisting of the following elements: space deficit,
1-24 facilities condition, institutional complexity, separate
2-1 allocations <allocation> for medical units and the Texas State
2-2 Technical College System, and an additional allocation for Texas
2-3 Southern University for compliance with the Texas Desegregation
2-4 Plan. The amounts allocated by the <such> formula are as follows:
2-5 $ 5,572,558 <$ 2,971,685> East Texas State University including
2-6 East Texas State University at
2-7 Texarkana;
2-8 $ 9,468,548 <$ 7,125,680> Lamar University including Lamar
2-9 University at Orange and Lamar
2-10 University at Port Arthur;
2-11 $ 2,862,203 <$ 1,645,885> Midwestern State University;
2-12 $20,217,740 <$11,444,067> University of North Texas;
2-13 $10,174,500 <$ 3,196,287> The University of Texas--Pan American
2-14 and The University of Texas at
2-15 Brownsville;
2-16 $ 6,468,273 <$ 5,152,124> Stephen F. Austin State University;
2-17 $ 3,640,000 <$ 2,166,667> University of North Texas Health
2-18 Science Center at Fort Worth;
2-19 $23,181,556 <$19,724,411> Texas State University System
2-20 Administration and the following
2-21 component institutions: Angelo
2-22 State University; Sam Houston State
2-23 University; Southwest Texas State
2-24 University; Sul Ross State
2-25 University including Uvalde <Study>
2-26 Center;
2-27 $ 8,199,288 <$ 6,596,436> Texas Southern University (includes
3-1 allocation of $1,000,000
3-2 <$2,700,000> for compliance with
3-3 Texas Desegregation Plan);
3-4 $16,887,085 <$10,538,296> Texas Tech University;
3-5 $ 7,735,000 <$ 4,333,333> Texas Tech University Health Sciences
3-6 Center;
3-7 $ 6,849,160 <$ 3,583,869> Texas Woman's University;
3-8 $37,726,969 <$15,799,996> University of Houston System
3-9 Administration and the following
3-10 component institutions: University
3-11 of Houston; University of
3-12 Houston--Victoria; University of
3-13 Houston--Clear Lake; University of
3-14 Houston--Downtown;
3-15 $12,167,120 <$ 3,636,316> Texas A&M University--Corpus Christi
3-16 <Corpus Christi State University>;
3-17 Texas A&M International University;
3-18 Texas A&M University--Kingsville
3-19 <Texas A&I University>; West Texas
3-20 A&M University; and
3-21 <$ 2,084,948> <West Texas State University.>
3-22 $ 3,850,000 Texas State Technical College System
3-23 Administration and the following
3-24 component campuses, but not its
3-25 extension centers or programs: Texas
3-26 State Technical College-Amarillo;
3-27 Texas State Technical College-
4-1 Harlingen; Texas State Technical
4-2 College-Sweetwater; Texas State
4-3 Technical College--Waco.
4-4 (b) Each governing board participating in the distribution
4-5 of funds as described in this section may expend the <such> funds
4-6 without limitation, and as the <such> governing board may decide in
4-7 its sole discretion, for any and all purposes described in Article
4-8 VII, Section 17, of the Constitution of Texas; provided, however,
4-9 that for new construction, major repair and rehabilitation
4-10 projects, and land acquisition projects, those <such> funds may
4-11 not be expended without the prior approval of the legislature or
4-12 the approval, review, or endorsement, as applicable, of the
4-13 coordinating board <Texas Higher Education Coordinating Board>; and
4-14 provided further that review and approval of major repair and
4-15 rehabilitation shall apply only to projects in excess of $600,000<;
4-16 and provided further that any land acquisition project proposed for
4-17 coordinating board endorsement within three months of a legislative
4-18 session shall be automatically referred to the legislature for
4-19 consideration>.
4-20 SECTION 3. Section 62.022, Education Code, is amended to
4-21 read as follows:
4-22 Sec. 62.022. ADJUSTMENT OF ALLOCATION FORMULA. (a) Prior
4-23 to the convening of the regular session of the Texas Legislature in
4-24 1999 <1989>, the coordinating board shall <Coordinating Board,
4-25 Texas College and University System, will> conduct, with the full
4-26 participation of the eligible institutions, a study and present
4-27 recommendations to the Legislative Budget Board and to the Texas
5-1 House and Texas Senate standing committees having cognizance over
5-2 legislation related to higher education as to whether and, if so,
5-3 how, the equitable allocation formula should be adjusted for the
5-4 five-year period beginning September 1, 2000 <1990>. The
5-5 coordinating board shall include in the study a survey of
5-6 educational and general building quality, if the legislature
5-7 provides funds for the survey.
5-8 (b) The legislature shall approve, modify and approve, or
5-9 reject the recommendations of the coordinating board.
5-10 (c) If, prior to September 1, 2000 <1990>, the Texas
5-11 Legislature fails <has failed> to act on a recommendation for
5-12 adjustment in the equitable allocation formula, the 10-year
5-13 allocation provided for in Section 62.021(a) <Subsection (a) of
5-14 Section 62.021 of this code> shall continue until the end of the
5-15 10-year period.
5-16 (d) No adjustment shall be made in the allocation formula
5-17 that will prevent payment of both the principal and interest on
5-18 outstanding bonds and notes sold pursuant to Section 17(e), Article
5-19 VII, Texas Constitution.
5-20 (e) Prior to the convening of the regular session of the
5-21 Texas Legislature in 2005 <1995>, the coordinating board shall
5-22 <Coordinating Board, Texas College and University System, will>
5-23 conduct, with the full participation of the eligible institutions,
5-24 a study and present recommendations to the Legislative Budget Board
5-25 and to the Texas House and Texas Senate standing committees having
5-26 cognizance over legislation related to higher education as to the
5-27 allocation of the funds appropriated by Section 17(a), Article VII,
6-1 Texas Constitution, for the 10-year period beginning September 1,
6-2 2005 <1995>.
6-3 (f) A review of the allocation formula conducted by the
6-4 coordinating board under this section <after September 1, 1989,>
6-5 shall include:
6-6 (1) a comparison of the deferred maintenance needs of
6-7 an institution of higher education and the extent to which the
6-8 constitutionally dedicated funds were used to meet those needs; and
6-9 (2) an evaluation of the effectiveness of the
6-10 allocation formula concerning deferred maintenance needs of those
6-11 institutions.
6-12 SECTION 4. Subchapter B, Chapter 62, Education Code, is
6-13 amended by adding Section 62.027 to read as follows:
6-14 Sec. 62.027. EFFECT OF LEGISLATION. (a) The constitutional
6-15 amendment proposed by S.J.R. No. 13, 73rd Legislature, Regular
6-16 Session, 1993, and approved by the voters at an election held on
6-17 November 2, 1993, amended Section 17(a), Article VII, Texas
6-18 Constitution, to permit the legislature by two-thirds vote of the
6-19 membership of each house to increase the amount of the
6-20 appropriation made under that section for each five-year period.
6-21 (b) Chapter 537, Acts of the 73rd Legislature, Regular
6-22 Session, 1993, added Section 62.024 to this subchapter in order to
6-23 increase the amount of the appropriation made under Section 17(a),
6-24 Article VII, Texas Constitution.
6-25 (c) The increase provided by Section 62.024 in the amount of
6-26 the appropriation made under Section 17(a), Article VII, Texas
6-27 Constitution, is valid and effective beginning September 1, 1995.
7-1 SECTION 5. The amounts allocated under Section 62.021,
7-2 Education Code, as amended by this Act, apply to each state fiscal
7-3 year beginning with the state fiscal year beginning September 1,
7-4 1995.
7-5 SECTION 6. The importance of this legislation and the
7-6 crowded condition of the calendars in both houses create an
7-7 emergency and an imperative public necessity that the
7-8 constitutional rule requiring bills to be read on three several
7-9 days in each house be suspended, and this rule is hereby suspended,
7-10 and that this Act take effect and be in force from and after its
7-11 passage, and it is so enacted.