1-1 By: Duncan, Truan S.B. No. 1878
1-2 (In the Senate - Filed April 20, 1999; April 21, 1999, read
1-3 first time and referred to Committee on Finance; May 6, 1999,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 10, Nays 0; May 6, 1999, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1878 By: Duncan
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the allocation of certain constitutional funds to
1-10 certain institutions of higher education.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (a), Section 62.021, Education Code,
1-13 is amended to read as follows:
1-14 (a) Each fiscal year, an eligible institution is entitled to
1-15 receive an amount allocated in accordance with this section from
1-16 funds appropriated by Article VII, Section 17(a), of the
1-17 Constitution of Texas. The comptroller of public accounts shall
1-18 distribute funds allocated under this subsection only on
1-19 presentation of a claim and issuance of a warrant in accordance
1-20 with Section 403.071, Government Code. The comptroller may not
1-21 issue a warrant from any funds allocated under this subsection
1-22 before the delivery of goods or services described in Section 17,
1-23 Article VII, Texas Constitution, except for the payment of
1-24 principal or interest on bonds or notes. The allocation of funds
1-25 under this subsection is made in accordance with an equitable
1-26 formula consisting of the following elements: space deficit,
1-27 facilities condition, institutional complexity, separate
1-28 allocations for medical units and the Texas State Technical College
1-29 System, and an additional allocation for Texas Southern University
1-30 for compliance with the Texas Desegregation Plan. The amounts
1-31 allocated by the formula are as follows:
1-32 $ 5,256,817 [$ 5,572,558] Texas A&M University--Commerce, [East
1-33 Texas State University] including an
1-34 allocation of $1,027,070 to Texas A&M
1-35 University--Texarkana [East Texas State
1-36 University at Texarkana];
1-37 $ 8,818,023 [$ 9,468,548] Lamar University, including an
1-38 allocation of $743,967 to Lamar
1-39 University at Orange and an allocation
1-40 of $2,336,605 to Lamar University at
1-41 Port Arthur;
1-42 $ 3,007,669 [$ 2,862,203] Midwestern State University;
1-43 $18,021,033 [$20,217,740] University of North Texas;
1-44 $ 7,131,692 [$10,174,500] The University of Texas--Pan American,
1-45 including an allocation of $1,050,580 to
1-46 [and] The University of Texas at
1-47 Brownsville;
1-48 $ 6,633,109 [$ 6,468,273] Stephen F. Austin State University;
1-49 $ 3,640,000 University of North Texas Health Science
1-50 Center at Fort Worth;
1-51 $26,132,524 [$23,181,556] Texas State University System
1-52 Administration and the following
1-53 component institutions, including an
1-54 allocation of $3,887,211 to[:] Angelo
1-55 State University; an allocation of
1-56 $5,864,608 to Sam Houston State
1-57 University; an allocation of $14,479,112
1-58 to Southwest Texas State University; an
1-59 allocation of $1,635,271 to Sul Ross
1-60 State University; and an allocation of
1-61 $266,322 to Sul Ross State University
1-62 Rio Grande College [including Uvalde
1-63 Center];
1-64 $ 7,191,493 [$ 8,199,288] Texas Southern University (includes
2-1 allocation of $1,000,000 for compliance
2-2 with Texas Desegregation Plan);
2-3 $20,961,881 [$16,887,085] Texas Tech University;
2-4 $ 7,735,000 Texas Tech University Health Sciences
2-5 Center;
2-6 $ 6,974,897 [$ 6,849,160] Texas Woman's University;
2-7 $36,952,989 [$37,726,969] University of Houston System
2-8 Administration and the following
2-9 component institutions, including an
2-10 allocation of $25,986,116 to the[:]
2-11 University of Houston; an allocation of
2-12 $1,659,449 to the University of
2-13 Houston--Victoria; an allocation of
2-14 $3,853,447 to the University of
2-15 Houston--Clear Lake; and an allocation
2-16 of $5,453,977 to the University of
2-17 Houston--Downtown;
2-18 $12,692,873 [$12,167,120] The following components of The Texas
2-19 A&M University System, including an
2-20 allocation of $3,687,722 to Texas A&M
2-21 University--Corpus Christi; an
2-22 allocation of $1,778,155 to Texas A&M
2-23 International University; an allocation
2-24 of $3,555,651 to Texas A&M
2-25 University--Kingsville; and an
2-26 allocation of $3,671,345 to West Texas
2-27 A&M University; and
2-28 $ 3,850,000 Texas State Technical College System
2-29 Administration and the following
2-30 component campuses, but not its
2-31 extension centers or programs: Texas
2-32 State Technical College-Amarillo; Texas
2-33 State Technical College-Harlingen; Texas
2-34 State Technical College-Sweetwater;
2-35 Texas State Technical College--Waco.
2-36 SECTION 2. Section 62.022, Education Code, is amended to
2-37 read as follows:
2-38 Sec. 62.022. [ADJUSTMENT OF] ALLOCATION FORMULA. (a) Prior
2-39 to the convening of the regular session of the Texas Legislature
2-40 immediately preceding each 10-year period for which Section 17(d),
2-41 Article VII, Texas Constitution, prescribes an allocation of the
2-42 money appropriated by Section 17(a), Article VII, Texas
2-43 Constitution, the coordinating board shall conduct, with the full
2-44 participation of the eligible institutions, a study and present
2-45 recommendations to the Legislative Budget Board and to the Texas
2-46 House and Texas Senate standing committees having jurisdiction over
2-47 legislation related to higher education as to the allocation of the
2-48 money appropriated by Section 17(a) for the following 10-year
2-49 allocation period established by Section 17(d).
2-50 (b) Prior to the convening of the regular session of the
2-51 Texas Legislature immediately preceding the sixth year of each
2-52 10-year allocation period established by Section 17(d), Article
2-53 VII, Texas Constitution [in 1999], the coordinating board shall
2-54 conduct, with the full participation of the eligible institutions,
2-55 a study and present recommendations to the Legislative Budget Board
2-56 and to the Texas House and Texas Senate standing committees having
2-57 cognizance over legislation related to higher education as to
2-58 whether and, if so, how, the equitable allocation formula
2-59 established for that 10-year period should be adjusted for the last
2-60 five years of the 10-year period [five-year period beginning
2-61 September 1, 2000]. The coordinating board shall include in the
2-62 study a survey of educational and general building quality, if the
2-63 legislature provides funds for the survey.
2-64 (c) [(b)] The legislature shall approve, modify and approve,
2-65 or reject the recommendations of the coordinating board under
2-66 Subsection (a) or (b).
2-67 (d) [(c)] If, prior to the first day of the sixth year of a
2-68 10-year allocation period established by Section 17(d), Article
2-69 VII, Texas Constitution [September 1, 2000], the Texas Legislature
3-1 fails to act on a recommendation for adjustment in the equitable
3-2 allocation formula, the 10-year allocation provided for in Section
3-3 62.021(a) shall continue until the end of the 10-year period.
3-4 (e) [(d)] No adjustment shall be made in the allocation
3-5 formula that will prevent payment of both the principal and
3-6 interest on outstanding bonds and notes sold pursuant to Section
3-7 17(e), Article VII, Texas Constitution.
3-8 [(e) Prior to the convening of the regular session of the
3-9 Texas Legislature in 2005, the coordinating board shall conduct,
3-10 with the full participation of the eligible institutions, a study
3-11 and present recommendations to the Legislative Budget Board and to
3-12 the Texas House and Texas Senate standing committees having
3-13 cognizance over legislation related to higher education as to the
3-14 allocation of the funds appropriated by Section 17(a), Article VII,
3-15 Texas Constitution, for the 10-year period beginning September 1,
3-16 2005.]
3-17 (f) A review of the allocation formula conducted by the
3-18 coordinating board under this section shall include:
3-19 (1) a comparison of the deferred maintenance needs of
3-20 an institution of higher education and the extent to which the
3-21 constitutionally dedicated funds were used to meet those needs; and
3-22 (2) an evaluation of the effectiveness of the
3-23 allocation formula concerning deferred maintenance needs of those
3-24 institutions.
3-25 SECTION 3. This Act takes effect September 1, 2000.
3-26 SECTION 4. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
3-28 emergency and an imperative public necessity that the
3-29 constitutional rule requiring bills to be read on three several
3-30 days in each house be suspended, and this rule is hereby suspended.
3-31 * * * * *