By: Duncan, Truan S.B. No. 1878
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the allocation of certain constitutional funds to
1-2 certain institutions of higher education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 62.021, Education Code,
1-5 is amended to read as follows:
1-6 (a) Each fiscal year, an eligible institution is entitled to
1-7 receive an amount allocated in accordance with this section from
1-8 funds appropriated by Article VII, Section 17(a), of the
1-9 Constitution of Texas. The comptroller of public accounts shall
1-10 distribute funds allocated under this subsection only on
1-11 presentation of a claim and issuance of a warrant in accordance
1-12 with Section 403.071, Government Code. The comptroller may not
1-13 issue a warrant from any funds allocated under this subsection
1-14 before the delivery of goods or services described in Section 17,
1-15 Article VII, Texas Constitution, except for the payment of
1-16 principal or interest on bonds or notes. The allocation of funds
1-17 under this subsection is made in accordance with an equitable
1-18 formula consisting of the following elements: space deficit,
1-19 facilities condition, institutional complexity, separate
1-20 allocations for medical units and the Texas State Technical College
1-21 System, and an additional allocation for Texas Southern University
1-22 for compliance with the Texas Desegregation Plan. The amounts
1-23 allocated by the formula are as follows:
1-24 $ 5,256,817 [$ 5,572,558] Texas A&M University--Commerce, [East
2-1 Texas State University] including an
2-2 allocation of $1,027,070 to Texas A&M
2-3 University--Texarkana [East Texas State
2-4 University at Texarkana];
2-5 $ 8,818,023 [$ 9,468,548] Lamar University, including an
2-6 allocation of $743,967 to Lamar
2-7 University at Orange and an allocation
2-8 of $2,336,605 to Lamar University at
2-9 Port Arthur;
2-10 $ 3,007,669 [$ 2,862,203] Midwestern State University;
2-11 $18,021,033 [$20,217,740] University of North Texas;
2-12 $ 7,131,692 [$10,174,500] The University of Texas--Pan American,
2-13 including an allocation of $1,050,580 to
2-14 [and] The University of Texas at
2-15 Brownsville;
2-16 $ 6,633,109 [$ 6,468,273] Stephen F. Austin State University;
2-17 $ 3,640,000 University of North Texas Health Science
2-18 Center at Fort Worth;
2-19 $26,132,524 [$23,181,556] Texas State University System
2-20 Administration and the following
2-21 component institutions, including an
2-22 allocation of $3,887,211 to[:] Angelo
2-23 State University; an allocation of
2-24 $5,864,608 to Sam Houston State
2-25 University; an allocation of $14,479,112
2-26 to Southwest Texas State University; an
3-1 allocation of $1,635,271 to Sul Ross
3-2 State University; and an allocation of
3-3 $266,322 to Sul Ross State University
3-4 Rio Grande College [including Uvalde
3-5 Center];
3-6 $ 7,191,493 [$ 8,199,288] Texas Southern University (includes
3-7 allocation of $1,000,000 for compliance
3-8 with Texas Desegregation Plan);
3-9 $20,961,881 [$16,887,085] Texas Tech University;
3-10 $ 7,735,000 Texas Tech University Health Sciences
3-11 Center campuses;
3-12 $ 6,974,897 [$ 6,849,160] Texas Woman's University;
3-13 $36,952,989 [$37,726,969] University of Houston System
3-14 Administration and the following
3-15 component institutions, including an
3-16 allocation of $25,986,116 to the[:]
3-17 University of Houston; an allocation of
3-18 $1,659,449 to the University of
3-19 Houston--Victoria; an allocation of
3-20 $3,853,447 to the University of
3-21 Houston--Clear Lake; and an allocation
3-22 of $5,453,977 to the University of
3-23 Houston--Downtown;
3-24 $12,692,873 [$12,167,120] The following components of The Texas
3-25 A&M University System, including an
3-26 allocation of $3,687,722 to Texas A&M
4-1 University--Corpus Christi; an
4-2 allocation of $1,778,155 to Texas A&M
4-3 International University; an allocation
4-4 of $3,555,651 to Texas A&M
4-5 University--Kingsville; and an
4-6 allocation of $3,671,345 to West Texas
4-7 A&M University; and
4-8 $ 3,850,000 Texas State Technical College System
4-9 Administration and the following
4-10 component campuses, but not its
4-11 extension centers or programs: Texas
4-12 State Technical College-Amarillo; Texas
4-13 State Technical College-Harlingen; Texas
4-14 State Technical College-Sweetwater;
4-15 Texas State Technical College--Waco.
4-16 SECTION 2. Section 62.022, Education Code, is amended to
4-17 read as follows:
4-18 Sec. 62.022. [ADJUSTMENT OF] ALLOCATION FORMULA. (a) Prior
4-19 to the convening of the regular session of the Texas Legislature
4-20 immediately preceding each 10-year period for which Section 17(d),
4-21 Article VII, Texas Constitution, prescribes an allocation of the
4-22 money appropriated by Section 17(a), Article VII, Texas
4-23 Constitution, the coordinating board shall conduct, with the full
4-24 participation of the eligible institutions, a study and present
4-25 recommendations to the Legislative Budget Board and to the Texas
4-26 House and Texas Senate standing committees having jurisdiction over
5-1 legislation related to higher education as to the allocation of the
5-2 money appropriated by Section 17(a) for the following 10-year
5-3 allocation period established by Section 17(d).
5-4 (b) Prior to the convening of the regular session of the
5-5 Texas Legislature immediately preceding the sixth year of each
5-6 10-year allocation period established by Section 17(d), Article
5-7 VII, Texas Constitution [in 1999], the coordinating board shall
5-8 conduct, with the full participation of the eligible institutions,
5-9 a study and present recommendations to the Legislative Budget Board
5-10 and to the Texas House and Texas Senate standing committees having
5-11 cognizance over legislation related to higher education as to
5-12 whether and, if so, how, the equitable allocation formula
5-13 established for that 10-year period should be adjusted for the last
5-14 five years of the 10-year period [five-year period beginning
5-15 September 1, 2000]. The coordinating board shall include in the
5-16 study a survey of educational and general building quality, if the
5-17 legislature provides funds for the survey.
5-18 (c) [(b)] The legislature shall approve, modify and approve,
5-19 or reject the recommendations of the coordinating board under
5-20 Subsection (a) or (b).
5-21 (d) [(c)] If, prior to the first day of the sixth year of a
5-22 10-year allocation period established by Section 17(d), Article
5-23 VII, Texas Constitution [September 1, 2000], the Texas Legislature
5-24 fails to act on a recommendation for adjustment in the equitable
5-25 allocation formula, the 10-year allocation provided for in Section
5-26 62.021(a) shall continue until the end of the 10-year period.
6-1 (e) [(d)] No adjustment shall be made in the allocation
6-2 formula that will prevent payment of both the principal and
6-3 interest on outstanding bonds and notes sold pursuant to Section
6-4 17(e), Article VII, Texas Constitution.
6-5 [(e) Prior to the convening of the regular session of the
6-6 Texas Legislature in 2005, the coordinating board shall conduct,
6-7 with the full participation of the eligible institutions, a study
6-8 and present recommendations to the Legislative Budget Board and to
6-9 the Texas House and Texas Senate standing committees having
6-10 cognizance over legislation related to higher education as to the
6-11 allocation of the funds appropriated by Section 17(a), Article VII,
6-12 Texas Constitution, for the 10-year period beginning September 1,
6-13 2005.]
6-14 (f) A review of the allocation formula conducted by the
6-15 coordinating board under this section shall include:
6-16 (1) a comparison of the deferred maintenance needs of
6-17 an institution of higher education and the extent to which the
6-18 constitutionally dedicated funds were used to meet those needs; and
6-19 (2) an evaluation of the effectiveness of the
6-20 allocation formula concerning deferred maintenance needs of those
6-21 institutions.
6-22 SECTION 3. This Act takes effect September 1, 2000.
6-23 SECTION 4. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended.