By: Duncan S.B. No. 2146
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on Finance; April 16, 2009,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 9, Nays 0; April 16, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2146 By: Duncan
A BILL TO BE ENTITLED
AN ACT
relating to the annual allocation of certain constitutional funds
to eligible agencies and institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.021, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (e),
and (f) to read as follows:
(a) In each state fiscal year beginning with the state
fiscal year ending August 31, 2011 [2008], an eligible institution
is entitled to receive an amount allocated in accordance with this
section from the funds appropriated for that year by Section 17(a),
Article VII, Texas Constitution. The comptroller shall distribute
funds allocated under this subsection only on presentation of a
claim and issuance of a warrant in accordance with Section 403.071,
Government Code. The comptroller may not issue a warrant from any
funds allocated under this subsection before the delivery of goods
or services described in Section 17, Article VII, Texas
Constitution, except for the payment of principal or interest on
bonds or notes or for a payment for a book or other published
library material as authorized by Section 2155.386, Government
Code. The allocation of funds under this subsection is made in
accordance with an equitable formula consisting of the following
elements: space deficit, facilities condition, institutional
complexity, and a separate allocation for the Texas State Technical
College System. The annual amounts allocated by the formula are as
follows:
(1) $3,559,433 [$3,434,348] to Midwestern State
University;
(2) $27,846,476 [$26,137,233] to the University of
North Texas;
(3) $8,771,265 [$8,139,391] to the University of
North Texas Health Science Center at Fort Worth;
(4) $12,311,123 [$12,882,348] to The University of
Texas--Pan American;
(5) $5,057,420 [$4,186,790] to The University of
Texas at Brownsville;
(6) $8,425,937 [$7,025,771] to Stephen F. Austin
State University;
(7) to the following component institutions of the
Texas State University System:
(A) $8,330,933 [$11,210,508] to Lamar
University;
(B) $2,332,463 to the Lamar Institute of
Technology;
(C) $1,235,752 [$1,115,048] to Lamar State
College--Orange;
(D) $1,244,694 [(C) $1,190,119] to Lamar State
College--Port Arthur;
(E) $11,893,110 [(D) $9,916,306] to Sam Houston
State University;
(F) $21,863,258 [(E) $19,799,276] to Texas
State University--San Marcos;
(G) $1,625,061 [(F) $2,043,772] to Sul Ross
State University; and
(H) $445,379 [(G) $379,831] to Sul Ross State
University-Rio Grande College;
(8) $8,894,700 [$11,156,463] to Texas Southern
University;
(9) to the following component institutions of the
Texas Tech University System:
(A) $23,936,088 [$26,829,477] to Texas Tech
University;
(B) $16,973,569 [$17,849,441] to Texas Tech
University Health Sciences Center; and
(C) $3,743,027 [$3,585,802] to Angelo State
University;
(10) $10,169,695 [$8,424,209] to Texas Woman's
University;
(11) to the following component institutions of the
University of Houston System:
(A) $35,885,768 [$35,276,140] to the University
of Houston;
(B) $2,393,921 [$2,282,883] to the University
of Houston--Victoria;
(C) $5,214,167 [$6,001,337] to the University of
Houston--Clear Lake; and
(D) $7,435,238 [$9,628,151] to the University of
Houston--Downtown;
(12) to the following component institutions of The
Texas A&M University System:
(A) $7,139,067 [$8,278,993] to Texas A&M
University--Corpus Christi;
(B) $3,796,436 [$3,130,211] to Texas A&M
International University;
(C) $5,046,885 [$5,052,232] to Texas A&M
University--Kingsville;
(D) $4,652,995 [$4,776,890] to West Texas A&M
University;
(E) $5,193,232 [$5,345,678] to Texas A&M
University--Commerce; and
(F) $1,307,907 [$1,646,352] to Texas A&M
University--Texarkana; and
(13) $5,775,000 to the Texas State Technical College
System Administration and the following component campuses, but not
its extension centers or programs:
(A) Texas State Technical College-Harlingen;
(B) Texas State Technical College--Marshall;
(C) Texas State Technical College--West Texas;
and
(D) Texas State Technical College--Waco.
(a-1) This subsection applies only to the state fiscal years
ending August 31, 2009, and August 31, 2010, and is intended as a
correction necessary to ensure an equitable distribution of the
funds appropriated by Section 17(a), Article VII, Texas
Constitution, for the five-year period ending August 31, 2010, in
accordance with the equitable formula prescribed by Section 17(d),
Article VII, Texas Constitution. In each state fiscal year to which
this subsection applies, an eligible institution is entitled to
receive an amount allocated in accordance with this subsection from
the funds appropriated for each of those years by Section 17(a),
Article VII, Texas Constitution. The comptroller shall distribute
funds allocated under this subsection only on presentation of a
claim and issuance of a warrant in accordance with Section 403.071,
Government Code. The comptroller may not issue a warrant from any
funds allocated under this subsection before the delivery of goods
or services described in Section 17, Article VII, Texas
Constitution, except for the payment of principal or interest on
bonds or notes or for a payment for a book or other published
library material as authorized by Section 2155.386, Government
Code. The allocation of funds under this subsection is made in
accordance with an equitable formula consisting of the following
elements: space deficit, facilities condition, institutional
complexity, and a separate allocation for the Texas State Technical
College System. The annual amounts allocated by the formula are as
follows:
(1) $3,810,377 to Midwestern State University;
(2) $27,122,688 to the University of North Texas;
(3) $7,994,676 to the University of North Texas Health
Science Center at Fort Worth;
(4) $13,176,801 to The University of Texas--Pan
American;
(5) $4,284,677 to The University of Texas at
Brownsville;
(6) $6,907,643 to Stephen F. Austin State University;
(7) to the following component institutions of the
Texas State University System:
(A) $8,028,333 to Lamar University;
(B) $1,825,332 to the Lamar Institute of
Technology;
(C) $1,140,745 to Lamar State College--Orange;
(D) $1,217,124 to Lamar State College--Port
Arthur;
(E) $10,184,001 to Sam Houston State University;
(F) $20,258,249 to Texas State University--San
Marcos;
(G) $2,090,896 to Sul Ross State University; and
(H) $388,203 to Sul Ross State University-Rio
Grande College;
(8) $11,283,387 to Texas Southern University;
(9) to the following component institutions of the
Texas Tech University System:
(A) $27,446,657 to Texas Tech University;
(B) $14,854,763 to Texas Tech University Health
Sciences Center; and
(C) $3,667,497 to Angelo State University;
(10) $8,615,167 to Texas Woman's University;
(11) to the following component institutions of the
University of Houston System:
(A) $36,091,539 to the University of Houston;
(B) $2,335,692 to the University of
Houston--Victoria;
(C) $5,355,874 to the University of
Houston--Clear Lake; and
(D) $9,548,995 to the University of
Houston--Downtown;
(12) to the following component institutions of The
Texas A&M University System:
(A) $8,471,116 to Texas A&M University--Corpus
Christi;
(B) $3,202,241 to Texas A&M International
University;
(C) $5,167,540 to Texas A&M
University--Kingsville;
(D) $4,886,159 to West Texas A&M University;
(E) $5,684,047 to Texas A&M
University--Commerce; and
(F) $1,684,587 to Texas A&M
University--Texarkana; and
(13) $5,775,000 to the Texas State Technical College
System Administration and the following component campuses, but not
its extension centers or programs:
(A) Texas State Technical College-Harlingen;
(B) Texas State Technical College--Marshall;
(C) Texas State Technical College--West Texas;
and
(D) Texas State Technical College--Waco.
(a-2) This subsection and Subsection (a-1) expire September
1, 2010.
(e) Whereas the University of North Texas at Dallas was
created as an institution of higher education by Chapter 25 (S.B.
576), Acts of the 77th Legislature, Regular Session, 2001, which
was approved by a vote of more than two-thirds of the membership of
each house of the legislature, the University of North Texas at
Dallas is entitled to participate in the funding provided by
Section 17, Article VII, Texas Constitution, as soon as the
University of North Texas at Dallas operates as a general academic
teaching institution.
(f) Pursuant to the annual allocation amounts shown in
Subsections (a) and (a-1) for each year of the remaining 10-year
allocation period established under Section 17(d), Article VII,
Texas Constitution, that ends in 2015, the comptroller shall
distribute to the Lamar Institute of Technology a portion of the
total annual appropriation under Section 17(a), Article VII, Texas
Constitution.
SECTION 2. Section 62.024, Education Code, is amended to
read as follows:
Sec. 62.024. AMOUNT OF ALLOCATION INCREASED. In accordance
with Section 17(a), Article VII, Texas Constitution, for each state
fiscal year beginning with the state fiscal year ending August 31,
2008, the amount of the annual constitutional appropriation under
that subsection is increased to $262.5 million. [Before the state
fiscal year ending August 31, 2008, the amount of the annual
constitutional appropriation under that subsection is $175
million.]
SECTION 3. 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, 2009.
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