By Duncan, et al. S.B. No. 1878
76R11404 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the allocation of certain constitutional funds to
1-3 certain institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 62.021(a), Education Code, is amended to
1-6 read as follows:
1-7 (a) Each fiscal year, an eligible institution is entitled to
1-8 receive an amount allocated in accordance with this section from
1-9 funds appropriated by Article VII, Section 17(a), of the
1-10 Constitution of Texas. The comptroller of public accounts shall
1-11 distribute funds allocated under this subsection only on
1-12 presentation of a claim and issuance of a warrant in accordance
1-13 with Section 403.071, Government Code. The comptroller may not
1-14 issue a warrant from any funds allocated under this subsection
1-15 before the delivery of goods or services described in Section 17,
1-16 Article VII, Texas Constitution, except for the payment of
1-17 principal or interest on bonds or notes. The allocation of funds
1-18 under this subsection is made in accordance with an equitable
1-19 formula consisting of the following elements: space deficit,
1-20 facilities condition, institutional complexity, separate
1-21 allocations for medical units and the Texas State Technical College
1-22 System, and an additional allocation for Texas Southern University
1-23 for compliance with the Texas Desegregation Plan. The amounts
1-24 allocated by the formula are as follows:
2-1 $ 5,224,956 [$ 5,572,558] Texas A&M University--Commerce, [East
2-2 Texas State University] including an
2-3 allocation of $1,018,166 to Texas A&M
2-4 University--Texarkana [East Texas State
2-5 University at Texarkana];
2-6 $ 8,897,209 [$ 9,468,548] Lamar University, including an
2-7 allocation of $884,109 to Lamar
2-8 University at Orange and an allocation
2-9 of $2,312,751 to Lamar University at
2-10 Port Arthur;
2-11 $ 2,988,406 [$ 2,862,203] Midwestern State University;
2-12 $18,195,966 [$20,217,740] University of North Texas;
2-13 $ 9,157,050 [$10,174,500] The University of Texas--Pan American,
2-14 including an allocation of $1,405,313 to
2-15 [and] The University of Texas at
2-16 Brownsville;
2-17 $ 6,593,103 [$ 6,468,273] Stephen F. Austin State University;
2-18 $ 3,640,000 University of North Texas Health Science
2-19 Center at Fort Worth;
2-20 $25,950,268 [$23,181,556] Texas State University System
2-21 Administration and the following
2-22 component institutions, including an
2-23 allocation of $3,858,511 to [:] Angelo
2-24 State University; an allocation of
2-25 $5,834,361 to Sam Houston State
2-26 University; an allocation of $14,365,918
2-27 to Southwest Texas State University; an
3-1 allocation of $1,625,156 to Sul Ross
3-2 State University; and an allocation of
3-3 $266,322 to Sul Ross State
3-4 University-Rio Grande College [including
3-5 Uvalde Center];
3-6 $ 7,789,324 [$ 8,199,288] Texas Southern University (includes
3-7 allocation of $1,000,000 for compliance
3-8 with Texas Desegregation Plan);
3-9 $21,909,971 [$16,887,085] Texas Tech University;
3-10 $ 7,735,000 Texas Tech University Health Sciences
3-11 Center;
3-12 $ 6,939,633 [$ 6,849,160] Texas Woman's University;
3-13 $37,621,009 [$37,726,969] University of Houston System
3-14 Administration and the following
3-15 component institutions, including an
3-16 allocation of $25,798,083 to the[:]
3-17 University of Houston; an allocation of
3-18 $1,644,128 to the University of
3-19 Houston--Victoria; an allocation of
3-20 $4,779,274 to the University of
3-21 Houston--Clear Lake; and an allocation
3-22 of $5,399,524 to the University of
3-23 Houston--Downtown;
3-24 $12,808,779 [$12,167,120] The following components of The Texas
3-25 A&M University System, including an
3-26 allocation of $3,662,651 to Texas A&M
3-27 University--Corpus Christi; an
4-1 allocation of $1,963,495 to Texas A&M
4-2 International University; an allocation
4-3 of $3,534,783 to Texas A&M
4-4 University--Kingsville; and an
4-5 allocation of $3,647,850 to West Texas
4-6 A&M University; and
4-7 $ 3,850,000 Texas State Technical College System
4-8 Administration and the following
4-9 component campuses, but not its
4-10 extension centers or programs: Texas
4-11 State Technical College-Amarillo; Texas
4-12 State Technical College-Harlingen; Texas
4-13 State Technical College-Sweetwater;
4-14 Texas State Technical College--Waco.
4-15 SECTION 2. Section 62.022, Education Code, is amended to
4-16 read as follows:
4-17 Sec. 62.022. [ADJUSTMENT OF] ALLOCATION FORMULA. (a) Prior
4-18 to the convening of the regular session of the Texas Legislature
4-19 immediately preceding each 10-year period for which Section 17(d),
4-20 Article VII, Texas Constitution, prescribes an allocation of the
4-21 money appropriated by Section 17(a), Article VII, Texas
4-22 Constitution, the coordinating board shall conduct, with the full
4-23 participation of the eligible institutions, a study and present
4-24 recommendations to the Legislative Budget Board and to the Texas
4-25 House and Texas Senate standing committees having jurisdiction over
4-26 legislation related to higher education as to the allocation of the
4-27 money appropriated by Section 17(a) for the following 10-year
5-1 allocation period established by Section 17(d).
5-2 (b) Prior to the convening of the regular session of the
5-3 Texas Legislature immediately preceding the sixth year of each
5-4 10-year allocation period established by Section 17(d), Article
5-5 VII, Texas Constitution [in 1999], the coordinating board shall
5-6 conduct, with the full participation of the eligible institutions,
5-7 a study and present recommendations to the Legislative Budget Board
5-8 and to the Texas House and Texas Senate standing committees having
5-9 cognizance over legislation related to higher education as to
5-10 whether and, if so, how, the equitable allocation formula
5-11 established for that 10-year period should be adjusted for the last
5-12 five years of the 10-year period [five-year period beginning
5-13 September 1, 2000]. The coordinating board shall include in the
5-14 study a survey of educational and general building quality, if the
5-15 legislature provides funds for the survey.
5-16 (c) [(b)] The legislature shall approve, modify and approve,
5-17 or reject the recommendations of the coordinating board under
5-18 Subsection (a) or (b).
5-19 (d) [(c)] If, prior to the first day of the sixth year of a
5-20 10-year allocation period established by Section 17(d), Article
5-21 VII, Texas Constitution [September 1, 2000], the Texas Legislature
5-22 fails to act on a recommendation for adjustment in the equitable
5-23 allocation formula, the 10-year allocation provided for in Section
5-24 62.021(a) shall continue until the end of the 10-year period.
5-25 (e) [(d)] No adjustment shall be made in the allocation
5-26 formula that will prevent payment of both the principal and
5-27 interest on outstanding bonds and notes sold pursuant to Section
6-1 17(e), Article VII, Texas Constitution.
6-2 [(e) Prior to the convening of the regular session of the
6-3 Texas Legislature in 2005, the coordinating board shall conduct,
6-4 with the full participation of the eligible institutions, a study
6-5 and present recommendations to the Legislative Budget Board and to
6-6 the Texas House and Texas Senate standing committees having
6-7 cognizance over legislation related to higher education as to the
6-8 allocation of the funds appropriated by Section 17(a), Article VII,
6-9 Texas Constitution, for the 10-year period beginning September 1,
6-10 2005.]
6-11 (f) A review of the allocation formula conducted by the
6-12 coordinating board under this section shall include:
6-13 (1) a comparison of the deferred maintenance needs of
6-14 an institution of higher education and the extent to which the
6-15 constitutionally dedicated funds were used to meet those needs; and
6-16 (2) an evaluation of the effectiveness of the
6-17 allocation formula concerning deferred maintenance needs of those
6-18 institutions.
6-19 SECTION 3. The importance of this legislation and the
6-20 crowded condition of the calendars in both houses create an
6-21 emergency and an imperative public necessity that the
6-22 constitutional rule requiring bills to be read on three several
6-23 days in each house be suspended, and this rule is hereby suspended,
6-24 and that this Act take effect and be in force from and after its
6-25 passage, and it is so enacted.