By:  Bernsen                                          S.B. No. 1833
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the allocation of certain funds for institutions within
 1-3     the Texas State University System
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5     SECTION 1.  Sections 62.021, Education Code, is amended to read as
 1-6     follows:
 1-7     Sec. 62.021.  ALLOCATIONS.
 1-8     (a)  Each fiscal year, an eligible institution is entitled to
 1-9     receive an amount allocated in accordance with this section from
1-10     funds appropriated by Section 17(a), Article VII, Texas
1-11     Constitution.  The comptroller shall distribute funds allocated
1-12     under this subsection only on presentation of a claim and issuance
1-13     of a warrant in accordance with Section 403.071, Government Code.
1-14     The comptroller may not issue a warrant from any funds allocated
1-15     under this subsection before the delivery of goods or services
1-16     described in Section 17, Article VII, Texas Constitution, except
1-17     for the payment of principal or interest on bonds or notes or for a
1-18     payment for a book or other published library material as
1-19     authorized by Section 2155.386, Government Code.  The allocation of
1-20     funds under this subsection is made in accordance with an equitable
1-21     formula consisting of the following elements: space deficit,
1-22     facilities condition, institutional complexity, separate
1-23     allocations for medical units and the Texas State Technical College
 2-1     System, and an additional allocation for Texas Southern University
 2-2     for compliance with the Texas Desegregation Plan.  The amounts
 2-3     allocated by the formula are as follows:
 2-4     $5,256,817 Texas A&M University--Commerce, including an allocation
 2-5     of $1,027,070 to Texas A&M University--Texarkana;
 2-6     $8,818,023 Lamar University, including an allocation of $491,946 to
 2-7     Lamar Institute of Technology, an allocation of $743,967 to Lamar
 2-8     University at Orange and an allocation of $2,336,605 to Lamar
 2-9     University at Port Arthur;
2-10     (b)  Each governing board participating in the distribution of
2-11     funds as described in this section may expend the funds without
2-12     limitation  either at the specified institution or subject to board
2-13     authorized transfer at other eligible member institutions, and as
2-14     the governing board may decide in its sole discretion, for any and
2-15     all purposes described in Article VII, Section 17, of the
2-16     Constitution of Texas; provided, however, that for new
2-17     construction, major repair and rehabilitation projects, and land
2-18     acquisition projects, those funds may not be expended without the
2-19     prior approval of the legislature or the approval, review, or
2-20     endorsement, as applicable, of the coordinating board; and provided
2-21     further that review and approval of major repair and rehabilitation
2-22     shall apply only to projects in excess of $600,000.
2-23           SECTION 2.  Sections 96.703, Education Code, is amended to
2-24     read as follows:
2-25           96.703.  LAMAR INSTITUTE OF TECHNOLOGY
2-26           (a)  The board shall establish and maintain an educational
 3-1     center of Lamar University as a separate degree-granting
 3-2     institution to be known as Lamar Institute of Technology.
 3-3           (b)  The primary purpose of the institute is to teach
 3-4     technical and vocational courses and related supporting courses.
 3-5     The board may confer degrees appropriate to the institute's
 3-6     curriculum.
 3-7           (c)  For Lamar Institute of Technology, the board may expend
 3-8     funds allocated to Lamar University under Chapter 62 for any of the
 3-9     purposes listed in Section 17, Article VII, Texas Constitution, in
3-10     the same manner and under the same circumstances as expenditures
3-11     for those purposes for other separate degree-granting institutions.
3-12           SECTION 3.  This Act takes effect immediately if it receives
3-13     a vote of two-thirds of all the members elected to each house, as
3-14     provided by Section 39, Article III, Texas Constitution.  If this
3-15     Act does not receive the vote necessary for immediate effect, this
3-16     Act takes effect September 1, 2001.