C.S.H.B. 2759 78(R)    BILL ANALYSIS


C.S.H.B. 2759
By: Wong
Higher Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The University of Texas-M. D. Anderson Cancer Center (UTMDACC) has led in
the development of a coalition of universities, businesses and civic
leaders in the greater Houston community to form BioHouston.  This
coalition wishes to create and establish an environment stimulating
technology transfers and commercialization of research in the emerging
field of Biotechnology.  

Biotech research parks have proven to be powerful catalysts for economic
development in their community.  UTMDACC and The University of Texas
Health Sciences Center at Houston (UTHSC) have joined to create a Research
Park located on University of Texas land near the Texas Medical Center,
which will be developed over a 20-year period in six phases.   

Greater Houston academic institutions, with support stretching from
College Station to Galveston, generate over $1 billion per year in
research funding for the life sciences; however only 5 companies are
created per year from these research efforts.  As a comparison, Boston
academic institutions generate $1.6 billion per year in biomedical
research funding.    

Among Texas cities, Houston has the largest number of PhD's granted per
year in the biological sciences, leads in biotechnology patents and has
the most research and development alliances with pharmaceutical companies.
The Research Park is based on best practices of 29 existing biotech parks
nationwide.  

_ Private Sector   $568 million  90%
_ Local Government  $  45 million   7%
_ State Funding (proposed) $  20 million   3% 
_ Total    $633 million  100% 

According Hammer Silber George Associates, the Research Park will expand
the state economy by more than $1.5 billion annually, create 23,000 new
jobs and more than $900 million in annual household income.  During
development, estimated state tax revenues exceed $518 million, local
revenues may generate $440 million, and, upon completion,  increase local
tax revenues by more than $40 million per year. 

During the 78th Legislative Session, HB 3309 authorized state funding for
infrastructure, but no money was appropriated. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

CSHB 2759 amends Subchapter B, Chapter 55, Education Code, by adding
Section 55.17421 to authorize the board of regents of The University of
Texas System to acquire, purchase, construct, improve, renovate, enlarge,
or equip property, buildings, structures, facilities, roads, or related
infrastructure for The University of Texas M.D. Anderson Cancer Center for
biotechnology research and development facilities, to be financed by the
issuance of bonds in accordance with this subchapter, including bonds
issued in accordance with its system-wide revenue financing  program and
secured as provided by that program in aggregate principal amounts not to
exceed $20.0 million. 

CSHB 2759 provides that the board may pledge irrevocably to the payment of
the bonds authorized by Subsection (a) all or any part of the revenue
funds of an institution, branch, or entity of The University of Texas
System, including student tuition charges required or authorized by law to
be imposed on students enrolled at an institution, branch, or entity of
The University of Texas System.  The bill provides that the amount of a
pledge made under this subsection may not be reduced or abrogated while
the bonds for which the pledge is made, or bonds issued to refund those
bonds, are outstanding. 

CSHB 2759 provides that if sufficient funds are not available to the board
to meet its obligations under this section, the board may transfer funds
among institutions, branches, and entities of The University of Texas
System to ensure the most equitable and efficient allocation of available
resources for each institution, branch, or entity to carry out its
constitutional and statutory duties and purposes. 

CSHB 2759 amends Section 61.0752(e), Education Code, to provide that
approval of the board is not required to acquire real property that is
financed with bonds issued under Section 55.17421. 

CSHB 2759 amends Section 61.058(b), Education Code, to provide that this
Section does not apply to construction, repair or rehabilitation financed
by bonds issued under Section 55.17421. 

EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2759 modifies the original by reducing the aggregate principal amount
in which the bonds may not exceed from $48 million to $20 million.