By: Duncan S.J.R. No. 45
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
1-1 SENATE JOINT RESOLUTION
1-2 proposing a constitutional amendment relating to the allocation of
1-3 the constitutional appropriation to certain institutions of higher
1-4 education not entitled to participate in funding from the available
1-5 university fund.
1-6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 17, Article VII, Texas Constitution, is
1-8 amended by amending Subsection (d) and adding Subsection (d-2) to
1-9 read as follows:
1-10 (d) In the year 1985 and every 10 years thereafter, the
1-11 legislature or an agency designated by the legislature no later
1-12 than August 31 of such year shall allocate by equitable formula the
1-13 annual appropriations made under Subsection (a) of this section to
1-14 the governing boards of eligible agencies and institutions of
1-15 higher education. The legislature shall review, or provide for a
1-16 review[,] of, the allocation formula at the end of the fifth year
1-17 of each 10-year allocation period. At that time adjustments may be
1-18 made in the allocation formula. Notwithstanding Subsection (e) of
1-19 this section, an adjustment in the allocation formula is not
1-20 invalid even though under the adjusted allocation more than 50
1-21 percent of the money allocated to a governing board must be used to
1-22 pay the principal and interest of outstanding bonds or notes, but
2-1 no adjustment may be made that will prevent the payment of
2-2 outstanding bonds and notes, both principal and interest[, may be
2-3 made].
2-4 (d-2) The allocation adjustments made under Subsection (d)
2-5 of this section by Section 1.03, Chapter 1467, Acts of the 76th
2-6 Legislature, Regular Session, 1999, are validated. This subsection
2-7 expires January 1, 2006.
2-8 SECTION 2. This proposed constitutional amendment shall be
2-9 submitted to the voters at an election to be held November 6, 2001.
2-10 The ballot shall be printed to permit voting for or against the
2-11 proposition: "The constitutional amendment to clarify the
2-12 authority of the legislature to adjust the allocation of money
2-13 appropriated by the constitution to certain institutions of higher
2-14 education for capital improvements and related purposes."