H.J.R. No. 14
A JOINT RESOLUTION
proposing constitutional amendments limiting the public taking of
private property, establishing the national research university
fund to fund emerging research universities, and eliminating the
higher education fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1.
SECTION 1.01. Section 17, Article I, Texas Constitution, is
amended to read as follows:
Sec. 17. (a) No person's property shall be taken, damaged,
or destroyed for or applied to public use without adequate
compensation being made, unless by the consent of such person, and
only if the taking, damage, or destruction is for:
(1) the ownership, use, and enjoyment of the property,
notwithstanding an incidental use, by:
(A) the State, a political subdivision of the
State, or the public at large; or
(B) an entity granted the power of eminent domain
under law; or
(2) the elimination of urban blight on a particular
parcel of property.
(b) In this section, "public use" does not include the
taking of property under Subsection (a) of this section for
transfer to a private entity for the primary purpose of economic
development or enhancement of tax revenues.
(c) On or after January 1, 2010, the legislature may enact a
general, local, or special law granting the power of eminent domain
to an entity only on a two-thirds vote of all the members elected to
each house.
(d) When a person's property is taken under Subsection (a)
of this section [; and, when taken], except for the use of the
State, [such] compensation as described by Subsection (a) shall be
first made, or secured by a deposit of money; and no irrevocable or
uncontrollable grant of special privileges or immunities[,] shall
be made; but all privileges and franchises granted by the
Legislature, or created under its authority, shall be subject to
the control thereof.
SECTION 1.02. The constitutional amendment proposed in this
article shall be submitted to the voters at an election to be held
November 3, 2009. The ballot shall be printed to permit voting for
or against the proposition: "The constitutional amendment to
prohibit the taking, damaging, or destroying of private property
for public use unless the action is for the ownership, use, and
enjoyment of the property by the State, a political subdivision of
the State, the public at large, or entities granted the power of
eminent domain under law or for the elimination of urban blight on a
particular parcel of property, but not for certain economic
development or enhancement of tax revenue purposes, and to limit
the legislature's authority to grant the power of eminent domain to
an entity."
ARTICLE 2.
SECTION 2.01. Article VII, Texas Constitution, is amended
by adding Section 20 to read as follows:
Sec. 20. (a) There is established the national research
university fund for the purpose of providing a dedicated,
independent, and equitable source of funding to enable emerging
research universities in this state to achieve national prominence
as major research universities.
(b) The fund consists of money transferred or deposited to
the credit of the fund and any interest or other return on the
investment assets of the fund. The legislature may dedicate state
revenue to the credit of the fund.
(c) The legislature shall provide for administration of the
fund, which shall be invested in the manner and according to the
standards provided for investment of the permanent university fund.
The expenses of managing the investments of the fund shall be paid
from the fund.
(d) In each state fiscal biennium, the legislature may
appropriate as provided by Subsection (f) of this section all or a
portion of the total return on all investment assets of the fund to
carry out the purposes for which the fund is established.
(e) The legislature biennially shall allocate the amounts
appropriated under this section, or shall provide for a biennial
allocation of those amounts, to eligible state universities to
carry out the purposes of the fund. The money shall be allocated
based on an equitable formula established by the legislature or an
agency designated by the legislature. The legislature shall review
and as appropriate adjust, or provide for a review and adjustment,
of the allocation formula at the end of each state fiscal biennium.
(f) The portion of the total return on investment assets of
the fund that is available for appropriation in a state fiscal
biennium under this section is the portion determined by the
legislature, or an agency designated by the legislature, as
necessary to provide as nearly as practicable a stable and
predictable stream of annual distributions to eligible state
universities and to maintain over time the purchasing power of fund
investment assets. If the purchasing power of fund investment
assets for any rolling 10-year period is not preserved, the
distributions may not be increased until the purchasing power of
the fund investment assets is restored. The amount appropriated
from the fund in any fiscal year may not exceed an amount equal to
seven percent of the average net fair market value of the investment
assets of the fund, as determined by law. Until the fund has been
invested for a period of time sufficient to determine the
purchasing power over a 10-year period, the legislature may provide
by law for means of preserving the purchasing power of the fund.
(g) The legislature shall establish criteria by which a
state university may become eligible to receive a portion of the
distributions from the fund. A state university that becomes
eligible to receive a portion of the distributions from the fund in
a state fiscal biennium remains eligible to receive additional
distributions from the fund in any subsequent state fiscal
biennium. The University of Texas at Austin and Texas A&M
University are not eligible to receive money from the fund.
(h) An eligible state university may use distributions from
the fund only for the support and maintenance of educational and
general activities that promote increased research capacity at the
university.
SECTION 2.02. Subsection (i), Section 17, Article VII,
Texas Constitution, is repealed.
SECTION 2.03. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, establishing the national research
university fund to enable emerging research universities in this
state to achieve national prominence as major research universities
and transferring the balance of the higher education fund to the
national research university fund.
(b) The amendment to add Section 20 to Article VII of this
constitution and to repeal Section 17(i), Article VII, of this
constitution takes effect January 1, 2010.
(c) On January 1, 2010, any amount in or payable to the
credit of the higher education fund established by Section 17(i),
Article VII, Texas Constitution, shall be transferred to the credit
of the national research university fund.
(d) This temporary provision expires January 1, 2011.
SECTION 2.04. The constitutional amendment proposed by this
Article shall be submitted to the voters at an election to be held
November 3, 2009. The ballot shall be printed to permit voting for
or against the proposition: "The constitutional amendment
establishing the national research university fund to enable
emerging research universities in this state to achieve national
prominence as major research universities and transferring the
balance of the higher education fund to the national research
university fund."
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.J.R. No. 14 was passed by the House on May
11, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.J.R. No. 14 on May 29, 2009, by a non-record vote, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.J.R. No. 14 on May 31, 2009, by the
following vote: Yeas 146, Nays 0, 1 present, not voting; and that
the House adopted H.C.R. No. 285 authorizing certain corrections in
H.J.R. No. 14 on June 1, 2009, by the following vote: Yeas 143,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.J.R. No. 14 was passed by the Senate, with
amendments, on May 25, 2009, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.J.R.
No. 14 on May 31, 2009, by the following vote: Yeas 31, Nays 0; and
that the Senate adopted H.C.R. No. 285 authorizing certain
corrections in H.J.R. No. 14 on June 1, 2009, by the following
vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
RECEIVED: __________________
Date
__________________
Secretary of State