82R4389 KEL-F
 
  By: Duncan, Zaffirini S.B. No. 557
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the distribution of money appropriated from the
  national research university fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 62.148, Education Code, is amended to
  read as follows:
         Sec. 62.148.  DISTRIBUTION [ALLOCATION] OF APPROPRIATED
  FUNDS TO ELIGIBLE INSTITUTIONS. (a) In each state fiscal year, the
  comptroller shall distribute to eligible institutions the total
  amount appropriated from the fund for that fiscal year.
         (b)  The total amount appropriated from the fund for any
  state fiscal year may not exceed an amount equal to 3.5 percent of
  the average net market value of the investment assets of the fund
  for the 12 consecutive state fiscal quarters ending with the last
  quarter of the preceding state fiscal year, as determined by the
  comptroller.
         (b-1)  For purposes of Subsection (b), for a state fiscal
  quarter that includes any period before the fund was established on
  January 1, 2010, a reference to the average net market value of the
  investment assets of the fund includes the average net market value
  of the investment assets of the former higher education fund for the
  applicable state fiscal quarter.  This subsection expires January
  1, 2014.
         (c)  Of the total amount appropriated from the fund for a
  state fiscal year, each eligible institution is entitled to a
  distribution in an amount equal to the sum of:
               (1)  one-seventh of the total amount appropriated; and
               (2)  an equal share of any amount remaining after
  distributions are calculated under Subdivision (1), not to exceed
  an amount equal to one-fourth of that remaining amount.
         (d)  The comptroller shall retain within the fund any portion
  of an appropriated amount that remains after all distributions are
  made for a state fiscal year as prescribed by Subsection (c). The
  appropriation of that retained amount lapses at the end of that
  state fiscal year. [The amount shall be allocated to the eligible
  institutions based on an equitable formula adopted by the
  legislature to carry out the purposes of the fund as established by
  Section 20, Article VII, Texas Constitution.     In adopting the
  allocation formula, the legislature may consider the
  recommendations of the coordinating board, including
  recommendations on the appropriate elements and relative weights of
  elements of the formula.]
         SECTION 2.  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, 2011.