By Montford S.B. No. 407
74R2390 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain distribution of state money to school districts
1-3 and public institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 16.260(b), (c), and (d), Education Code,
1-6 are amended to read as follows:
1-7 (b) Payments from the foundation school fund to each
1-8 category 1 school district shall be made as follows:
1-9 (1) 15 <21> percent of the yearly entitlement of the
1-10 district shall be paid in an installment <two equal installments>
1-11 to be made on or before the 25th day of September <and October> of
1-12 a fiscal year;
1-13 (2) 80 <57> percent of the yearly entitlement of the
1-14 district shall be paid in eight <six> equal installments to be made
1-15 on or before the 25th day of October, November, December, January,
1-16 <February,> March, May, June, and July; and
1-17 (3) five <22> percent of the yearly entitlement of the
1-18 district shall be paid in an installment <two equal installments>
1-19 to be made on or before the 25th day of February <April and May>.
1-20 (c) Payments from the foundation school fund to each
1-21 category 2 school district shall be made as follows:
1-22 (1) 22 <21> percent of the yearly entitlement of the
1-23 district shall be paid in an installment <two equal installments>
1-24 to be made on or before the 25th day of September <and October> of
2-1 a fiscal year;
2-2 (2) 18 <38> percent of the yearly entitlement of the
2-3 district shall be paid in an installment <four equal installments>
2-4 to be made on or before the 25th day of October <November,
2-5 December, March, and July>;
2-6 (3) 9.5 <seven> percent of the yearly entitlement of
2-7 the district shall be paid in an installment <two equal
2-8 installments> to be made on or before the 25th day of November
2-9 <January and February>;
2-10 (4) 7.5 <22> percent of the yearly entitlement of the
2-11 district shall be paid in an installment <two equal installments>
2-12 to be made on or before the 25th day of April <and May>; <and>
2-13 (5) five <12> percent of the yearly entitlement of the
2-14 district shall be paid in an installment <two equal installments>
2-15 to be made on or before the 25th day of May <June and August>;
2-16 (6) 10 percent of the yearly entitlement of the
2-17 district shall be paid in an installment to be made on or before
2-18 the 25th day of June;
2-19 (7) 13 percent of the yearly entitlement of the
2-20 district shall be paid in an installment to be made on or before
2-21 the 25th day of July; and
2-22 (8) 15 percent of the yearly entitlement of the
2-23 district shall be paid in an installment to be made on or before
2-24 the 25th day of August.
2-25 (d) Payments from the foundation school fund to each
2-26 category 3 school district shall be made as follows:
2-27 (1) 45 <21> percent of the yearly entitlement of the
3-1 district shall be paid in an installment <two equal installments>
3-2 to be made on or before the 25th day of September <and October> of
3-3 a fiscal year;
3-4 (2) 35 <57> percent of the yearly entitlement of the
3-5 district shall be paid in an installment <six equal installments>
3-6 to be made on or before the 25th day of October <November,
3-7 December, March, June, July, and August>; and
3-8 (3) 20 <22> percent of the yearly entitlement of the
3-9 district shall be paid in an installment <two equal installments>
3-10 to be made on or before the 25th day of August <April and May>.
3-11 SECTION 2. Section 403.0935, Government Code, is amended to
3-12 read as follows:
3-13 Sec. 403.0935. DISTRIBUTION OF <Account for> Certain General
3-14 Revenue Appropriations to Certain Institutions of Higher Education.
3-15 (a) This section applies only to general revenue appropriations to
3-16 institutions of higher education that are not the appropriations
3-17 made under Article VII, Section 17, of the Texas Constitution.
3-18 (b) The higher education appropriations account is a special
3-19 account in the general revenue fund. Sections 403.094 and 403.095,
3-20 Government Code, do not apply to the higher education
3-21 appropriations account.
3-22 (c) The comptroller shall retain the appropriations to each
3-23 institution of higher education in the general revenue fund until
3-24 the appropriations are transferred to the higher education
3-25 appropriations account in accordance with this section.
3-26 (d) In each calendar month of a fiscal year, the comptroller
3-27 shall transfer from the general revenue fund to the higher
4-1 education appropriations account an amount equal to one-twelfth of
4-2 the total appropriations to higher education for the fiscal year.
4-3 The comptroller shall make the transfers so that an amount equal to
4-4 one-twelfth of the total appropriations for the fiscal year to
4-5 which each institution of higher education is entitled is available
4-6 to the institution before the last day of each month, except that
4-7 the comptroller shall make the transfer for September so that an
4-8 amount equal to one-twelfth of the total appropriations for the
4-9 fiscal year to which each institution of higher education is
4-10 entitled is available to the institution on September 1.
4-11 (d-1) Notwithstanding any other law, on September 1, 1994,
4-12 the comptroller, as a ministerial duty, shall:
4-13 (1) transfer from the general revenue fund to the
4-14 higher education appropriations account an amount equal to 43/48
4-15 of the total appropriations to institutions of higher education for
4-16 the fiscal year beginning September 1, 1994; and
4-17 (2) make available to each institution of higher
4-18 education an amount equal to 43/48 of the total appropriations for
4-19 that fiscal year to which the institution is entitled.
4-20 (d-2) <(e)> Notwithstanding any other law, on September 1,
4-21 1995, the comptroller shall make available from the general revenue
4-22 fund to each institution of higher education an amount equal to
4-23 5/48 of the total appropriations to the institution for the fiscal
4-24 year beginning September 1, 1994.
4-25 (e) The comptroller may transfer to an institution of higher
4-26 education a portion of the total appropriations for a fiscal year
4-27 to which the institution is entitled before the time at which the
5-1 money would become available to the institution under Subsection
5-2 (d) if the comptroller determines that the institution needs the
5-3 money to cover a temporary shortfall in cash reserves, to make
5-4 required payments in a timely manner, or for any other reasonable
5-5 purpose. The comptroller shall deduct the amount of an early
5-6 transfer made under this subsection from the amount of one or more
5-7 subsequent transfers to the higher education appropriations account
5-8 to be made available to the institution receiving the early
5-9 transfer. A decision of the comptroller under this subsection is
5-10 final and not subject to judicial review.
5-11 (f) In this section, "institution of higher education" means
5-12 an institution of higher education, as defined by Section 61.003,
5-13 Education Code, other than a public junior college or public
5-14 technical institute, as those terms are defined by that section,
5-15 and other than hospital operations at The University of Texas M. D.
5-16 Anderson Cancer Center, The University of Texas Medical Branch
5-17 Hospital, and The University of Texas Health Center at Tyler.
5-18 (g) Subsections (d-1) and (d-2) and this subsection expire
5-19 <This section expires> October 1, 1995.
5-20 SECTION 3. This Act takes effect September 1, 1995.
5-21 SECTION 4. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.