SRC-MKV C.S.S.B. 737 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 737
77R5184 KSD-DBy: Ellis, Rodney
Finance
3/21/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, Texas ranks second in the nation in the total number of
high-tech jobs and first in terms of jobs created since 1990.  Important to
these high-tech industries is scientific research in which new technologies
are developed and commercialized and spin-off companies are formed.  There
is a need to expand upon the current research taking place at major
research universities such as the University of Texas at Austin and Texas
A&M University.  C.S.S.B. 737 creates the Texas Excellence Fund to promote
increased research capacity and to develop institutional excellence at
universities participating in the Higher Education Fund. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 62, Education Code, by adding Subchapter C, as
follows: 

SUBCHAPTER C.  TEXAS EXCELLENCE FUND

Sec. 62.051.  PURPOSE.  Establishes the Texas excellence fund (fund) to
provide funding to promote increased research capacity and to develop
institutional excellence at eligible general academic teaching institutions
in order to ensure that Texas and its workforce remain at the forefront of
scientific and technological innovation. 

Sec. 62.052.  DEFINITIONS.  Defines "eligible comprehensive research
university" and "eligible general academic teaching institution." 

Sec. 62.053.  ADMINISTRATION.  Provides that the fund is a fund outside the
state treasury in the custody of the comptroller.  Requires the comptroller
to administer and invest the fund. 

Sec. 62.054.  FUNDING.  (a) Authorizes the legislature to appropriate or
provide for the transfer of any available money to the credit of the fund. 

(b) Requires the comptroller to deposit all interest, dividends, and other
income earned from investment of the fund to the credit of the fund. 

(c) Authorizes the comptroller to accept gifts or grants from any public or
private source for the fund.   

(d) Authorizes an institution to use money appropriated from the fund only
for the support and maintenance of educational and general activities,
including research and student services, that promote increased research
capacity and develop institutional excellence at the institution. 
 
Sec. 62.055.  APPROPRIATION AND ALLOCATION OF FUND TO ELIGIBLE
INSTITUTIONS.  (a) Authorizes the legislature, in each state fiscal year,
to appropriate all or part of the money in the fund to eligible
comprehensive research universities and other eligible general academic
teaching institutions in a specified manner. 

(b) Provides that Subsection (a) does not apply to the allocation of money
appropriated from the fund for the state fiscal biennium ending August 31,
2003.  Provides that for each fiscal year in the state fiscal biennium
ending August 31, 2003, the money appropriated from the fund is allocated
among the eligible general academic teaching institutions, including
eligible comprehensive research universities, as provided by the General
Appropriations Act.  Provides that this subsection expires January 1, 2004. 

SECTION 2.  Amends Sections 62.025, Education Code, by amending Subsections
(a) and (c) and adding Subsection (d), as follows: 

(a) Adds language to set forth the manner in which the comptroller is
required to deposit the first $50 million that comes to the state at the
beginning of each state fiscal year and that is not dedicated by other law. 

(c) Adds language to specify that the deposit required by this section be
made to the higher education fund.  Requires the comptroller, in each state
fiscal year that begins on or after the date the higher education fund
reaches a value of $2 billion, to deposit to the credit of the fund
established under Subchapter C from the first money that comes to the state
at the beginning of that fiscal year an amount equal to the income earned
from investment of the higher education fund in the preceding state fiscal
year as certified by the comptroller, not to exceed $50 million. 

(d) Prohibits the deposit to the Texas excellence fund under Subsection
(a)(1) or Subsection (c) from being made in any state fiscal year for which
the legislature has made an appropriation specifically for the purposes of
the Texas excellence fund in an amount equal to or greater than the income
earned from investment of the higher education fund in the preceding state
fiscal year as certified by the comptroller. 

SECTION 3.  Amends Sections 62.026(b) and (d), Education Code, as follows:

 (b) Changes reference of "$50 million" to "amount."

(d) Adds language to require the comptroller, in consultation with the
presiding officers of the governing boards of the institutions eligible to
benefit from the income from the investment of the fund under Section 17,
Article VII, Texas Constitution, to invest the fund in a manner that
maximizes the amount of income earned and gains realized from the
investment of the fund. 

SECTION 4.  Amends Chapter 62, Education Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  EXCELLENCE FUNDING FOR CERTAIN PERMANENT UNIVERSITY FUND
INSTITUTIONS 

Sec. 62.071.  DEFINITIONS.  Defines "comprehensive research university,"
"eligible institution," and "general academic teaching institution." 

Sec. 62.072.  FUNDING.  (a) Requires that in each state fiscal biennium,
$8,550,000 in general revenue be distributed to eligible institutions in
accordance with this section. 

(b) Requires that for the state fiscal biennium (biennium) ending August
31, 2003, the total amount to be distributed under this section be
apportioned between The University of Texas System and The Texas A&M
University System based on the total amount of  capital equity funds
included in the "capital equity and excellence funding" appropriated to the
eligible institutions in each system by Chapter 1589, Acts of the 76th
Legislature, Regular Session, 1999 (the General Appropriations Act), for
the biennium ending August 31, 2001.  Requires the total amount to be
distributed under this section in each subsequent biennium to be
apportioned between The University of Texas System and The Texas A&M
University System based on the amount apportioned between the systems under
this subsection in the preceding biennium. 

(c) Sets forth provisions for the allocation of the amount apportioned to
each system under Subsection (b) among the eligible institutions. 

(d) Authorizes money received by an institution under this section to be
used only for the support and maintenance of educational and general
activities, including research and student services, that promote increased
research capacity and develop institutional excellence at the institution. 

SECTION 5.  (a) Sets forth the provisions for the amount of money to be
allocated for the state fiscal biennium ending August 31, 2003, and for
subsequent biennia. 

(b) Sets forth provisions for the amount of the general revenue to be
apportioned to The University of Texas System and The Texas A&M University
System for the state fiscal biennium ending August 31, 2003, and provides
that this subsection expires August 31, 2003. 

SECTION 6.  Provides that for the state fiscal biennium ending August 31,
2003, funds appropriated under Section 62.072, Education Code, as added by
this Act, and under Subsections (a) and (b), SECTION 5, of this Act, are to
be allocated from existing funds included in the "capital equity and
excellence funding" appropriated to eligible institutions in Senate Bill 1,
77th Legislature, Regular Session, as introduced. 

SECTION 7.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from original in SECTION 2 by adding Section 62.025(d), Education
Code, to prohibit the deposit to the Texas excellence fund under Subsection
(a)(1) or Subsection (c) from being made in any state fiscal year for which
the legislature has made an appropriation specifically for the purposes of
the Texas excellence fund in an amount equal to or greater than the income
earned from investment of the higher education fund in the preceding state
fiscal year as certified by the comptroller.  Also adds an exception as
provided by Subsection (d) to Subsection (a). 

Differs from original by adding a new SECTION 4 that adds Chapter 62D to
the Education Code. Chapter 62D sets forth provisions for excellence
funding for certain permanent university fund institutions including
provisions for distribution of funds between The University of Texas System
and The Texas A&M University System as well as provisions regarding the
amount apportioned to each system. 

Differs from original by adding SECTION 5 to set forth the provisions for
the amount of money to be allocated for the state fiscal biennium ending
August 31, 2003, and for subsequent biennia and set forth provisions for
the amount of the general revenue to be apportioned to The University of
Texas System and The Texas A&M University System for the state fiscal
biennium ending August 31, 2003, and provide that this subsection expires
August 31, 2003. 

Differs from original by adding SECTION 6 to provide that for the state
fiscal biennium ending August 31, 2003, funds appropriated under Section
62.072, Education Code, as added by this Act, and under  Subsections (a)
and (b), SECTION 5, of this Act, are to be allocated from existing funds
included in the "capital equity and excellence funding" appropriated to
eligible institutions in Senate Bill 1, 77th Legislature, Regular Session,
as introduced. 

Differs from original by redesignating original SECTION 4 as SECTION 7.