By Junell H.J.R. No. 64
77R1043 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the allocation of
1-2 the constitutional appropriation to certain institutions of higher
1-3 education not entitled to participate in funding from the available
1-4 university fund.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 17, Article VII, Texas Constitution, is
1-7 amended by amending Subsection (d) and adding Subsection (d-2) to
1-8 read as follows:
1-9 (d) In the year 1985 and every 10 years thereafter, the
1-10 legislature or an agency designated by the legislature no later
1-11 than August 31 of such year shall allocate by equitable formula the
1-12 annual appropriations made under Subsection (a) of this section to
1-13 the governing boards of eligible agencies and institutions of
1-14 higher education. The legislature shall review, or provide for a
1-15 review[,] of, the allocation formula at the end of the fifth year
1-16 of each 10-year allocation period. At that time adjustments may be
1-17 made in the allocation formula. Notwithstanding Subsection (e) of
1-18 this section, an adjustment in the allocation formula is not
1-19 invalid even though under the adjusted allocation more than 50
1-20 percent of the money allocated to a governing board must be used to
1-21 pay the principal and interest of outstanding bonds or notes, but
1-22 no adjustment may be made that will prevent the payment of
1-23 outstanding bonds and notes, both principal and interest[, may be
1-24 made].
2-1 (d-2) The allocation adjustments made under Subsection (d)
2-2 of this section by Section 1.03, Chapter 1467, Acts of the 76th
2-3 Legislature, Regular Session, 1999, are validated. This subsection
2-4 expires January 1, 2006.
2-5 SECTION 2. This proposed constitutional amendment shall be
2-6 submitted to the voters at an election to be held November 6, 2001.
2-7 The ballot shall be printed to permit voting for or against the
2-8 proposition: "The constitutional amendment to clarify the authority
2-9 of the legislature to adjust the allocation of money appropriated
2-10 by the constitution to certain institutions of higher education for
2-11 capital improvements and related purposes."