79S30143 JRD-D

By:  Pitts                                                        H.B. No. 63 


A BILL TO BE ENTITLED
AN ACT
relating to appropriations to pay for damages and disruptions suffered by Lamar University and its related institutions caused by Hurricanes Katrina and Rita. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. DEFINITION. In this Act, "Lamar University or its related institutions" includes Lamar University and its educational centers, Lamar Institute of Technology, Lamar State College--Port Arthur, and Lamar State College--Orange. SECTION 2. APPROPRIATION. (a) In addition to other appropriated amounts that may be used for this purpose, the amount of $34 million is appropriated out of the general revenue fund to the Texas State University System for the two-year period beginning on the effective date of this Act for the purpose of paying for or reimbursing payments for costs associated with damages or disruptions caused by Hurricane Katrina or Hurricane Rita and suffered by Lamar University or its related institutions. (b) The Texas State University System shall distribute the money appropriated by Subsection (a) of this section to Lamar University and its related institutions, allocating the money among Lamar University and its related institutions as the system considers appropriate to address the hurricane-related needs of those institutions. (c) For purposes of Subsection (j)(1), Section 17, Article VII, Texas Constitution, the legislature finds that damages to property caused by the hurricanes were caused by a natural disaster. SECTION 3. FEDERAL MONEY. (a) To the extent that amounts, other than amounts described by Subsection (c) of this section, received from the federal government by or on behalf of Lamar University or its related institutions for the purpose of paying for or reimbursing payments for costs associated with damages or disruptions caused by Hurricane Katrina or Hurricane Rita do not exceed in the aggregate the amount appropriated by Section 2 of this Act, the amounts received from the federal government: (1) shall be deposited in the state treasury to the credit of the general revenue fund as undedicated general revenue, and Section 51.008, Education Code, does not apply to the amounts received; and (2) are not appropriated to the Texas State University System or to Lamar University or any of its related institutions under this Act, under Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), or under any other Act of the 79th Legislature in the Regular Session or the 1st or 2nd Called Session. (b) To the extent that amounts, other than amounts described by Subsection (c) of this section, received from the federal government by or on behalf of Lamar University or its related institutions for the purpose of paying for or reimbursing payments for costs associated with damages or disruptions caused by Hurricane Katrina or Hurricane Rita exceed in the aggregate the amount appropriated by Section 2 of this Act, the amounts received from the federal government in excess of the amount appropriated by Section 2 of this Act shall be deposited in the state treasury to the credit of the appropriate fund or account and are appropriated to the Texas State University System for those purposes for the two-year period beginning on the effective date of this Act: (1) for distribution to Lamar University and its related institutions, with the university system allocating the money among Lamar University and its related institutions as the system considers appropriate to address the hurricane-related needs of those institutions; and (2) subject to any federal conditions or requirements that attach to receipt or use of the money. (c) Notwithstanding Subsections (a) and (b) of this section, amounts received from the federal government by or on behalf of Lamar University or its related institutions for the purpose of paying for or reimbursing payments for costs associated with damages or disruptions caused by Hurricane Katrina or Hurricane Rita, regardless of the amount, may be kept outside the state treasury as institutional funds of Lamar University or a related institution, as appropriate, and may be spent in accordance with the law governing those funds, to the extent the amounts received from the federal government are clearly intended to: (1) reimburse Lamar University or a related institution for payments for specific described costs, other than costs to cover a loss described by Subsection (j)(1), Section 17, Article VII, Texas Constitution, that the university or a related institution paid with institutional funds; (2) pay the cost of repairing described damages that may not under law be paid using general revenue; or (3) pay costs related to disruptions of any activities that may not under law be paid using general revenue. SECTION 4. 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 on the 91st day after the last day of the legislative session.