84R19935 KJE-D
By: Crownover, Howard, Darby, Clardy, et al. H.B. No. 2848
Substitute the following for H.B. No. 2848:
By: Howard C.S.H.B. No. 2848
A BILL TO BE ENTITLED
AN ACT
relating to the amount and allocation of the annual constitutional
appropriation to certain 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 Subsections (a) and (e) and adding Subsections (a-1),
(a-2), and (e-2) to read as follows:
(a) In each state fiscal year beginning with the state
fiscal year ending August 31, 2016 [2011], 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. An eligible institution may not present a claim
to be paid 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) $3,374,275 [$3,559,433] to Midwestern State
University;
(2) to the following component institutions of the
University of North Texas System:
(A) $25,041,370 [$27,846,476] to the University
of North Texas;
(B) $11,394,570 [(3) $8,771,265] to the
University of North Texas Health Science Center at Fort Worth; and
(C) $1,408,669 to the University of North Texas
at Dallas, $135,593 of which must be used for the University of
North Texas at Dallas College of Law;
(3) $7,757,442 [(4) $12,311,123 to The University of
Texas--Pan American;
[(5) $5,057,420 to The University of Texas at
Brownsville;
[(6) $8,425,937] to Stephen F. Austin State
University;
(4) [(7)] to the following component institutions of
the Texas State University System:
(A) $9,401,255 [$8,330,933] to Lamar University;
(B) $1,720,347 [$2,332,463] to the Lamar
Institute of Technology;
(C) $1,129,562 [$1,235,752] to Lamar State
College--Orange;
(D) $1,438,523 [$1,244,694] to Lamar State
College--Port Arthur;
(E) $11,553,239 [$11,893,110] to Sam Houston
State University;
(F) $24,775,170 [$21,863,258] to Texas State
University;
(G) $1,423,682 [$1,625,061] to Sul Ross State
University; and
(H) $273,825 [$445,380] to Sul Ross State
University-Rio Grande College;
(5) $7,773,229 [(8) $8,894,700] to Texas Southern
University;
(6) [(9)] to the following component institutions of
the Texas Tech University System:
(A) $32,817,206 [$23,936,088] to Texas Tech
University;
(B) $15,581,597 [$16,973,569] to Texas Tech
University Health Sciences Center; [and]
(C) $3,546,735 [$3,743,027] to Angelo State
University; and
(D) $4,156,050 to Texas Tech University Health
Sciences Center--El Paso;
(7) $9,897,706 [(10) $10,169,695] to Texas Woman's
University;
(8) [(11)] to the following component institutions of
the University of Houston System:
(A) $35,180,036 [$35,885,768] to the University
of Houston;
(B) $2,850,574 [$2,393,921] to the University of
Houston--Victoria;
(C) $5,336,744 [$5,214,167] to the University of
Houston--Clear Lake; and
(D) $7,835,252 [$7,435,238] to the University of
Houston--Downtown;
(9) [(12)] to the following component institutions of
The Texas A&M University System:
(A) $7,424,229 [$7,139,067] to Texas A&M
University--Corpus Christi;
(B) $4,473,273 [$3,796,436] to Texas A&M
International University;
(C) $5,977,371 [$5,046,885] to Texas A&M
University--Kingsville;
(D) $4,776,272 [$4,652,995] to West Texas A&M
University;
(E) $7,190,875 [$5,193,232] to Texas A&M
University--Commerce; and
(F) $1,215,922 [$1,307,907] to Texas A&M
University--Texarkana; and
(10) [(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) In each state fiscal year beginning with the state
fiscal year ending August 31, 2016, an eligible institution is
entitled to receive an amount allocated in accordance with this
subsection 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. An eligible institution may not
present a claim to be paid 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) $5,061,412 to Midwestern State University;
(2) to the following component institutions of the
University of North Texas System:
(A) $37,562,056 to the University of North Texas;
(B) $17,091,856 to the University of North Texas
Health Science Center at Fort Worth; and
(C) $2,113,004 to the University of North Texas
at Dallas, $203,390 of which must be used for the University of
North Texas at Dallas College of Law;
(3) $11,636,163 to Stephen F. Austin State University;
(4) to the following component institutions of the
Texas State University System:
(A) $14,101,882 to Lamar University;
(B) $2,580,521 to the Lamar Institute of
Technology;
(C) $1,694,343 to Lamar State College--Orange;
(D) $2,157,784 to Lamar State College--Port
Arthur;
(E) $17,329,858 to Sam Houston State University;
(F) $37,162,755 to Texas State University;
(G) $2,135,523 to Sul Ross State University; and
(H) $410,738 to Sul Ross State University-Rio
Grande College;
(5) $11,659,843 to Texas Southern University;
(6) to the following component institutions of the
Texas Tech University System:
(A) $49,225,809 to Texas Tech University;
(B) $23,372,396 to Texas Tech University Health
Sciences Center;
(C) $5,320,102 to Angelo State University; and
(D) $6,234,075 to Texas Tech University Health
Sciences Center--El Paso;
(7) $14,846,558 to Texas Woman's University;
(8) to the following component institutions of the
University of Houston System:
(A) $52,770,054 to the University of Houston;
(B) $4,275,861 to the University of
Houston--Victoria;
(C) $8,005,116 to the University of
Houston--Clear Lake; and
(D) $11,752,877 to the University of
Houston--Downtown;
(9) to the following component institutions of The
Texas A&M University System:
(A) $11,136,344 to Texas A&M University--Corpus
Christi;
(B) $6,709,910 to Texas A&M International
University;
(C) $8,966,056 to Texas A&M
University--Kingsville;
(D) $7,164,408 to West Texas A&M University;
(E) $10,786,313 to Texas A&M
University--Commerce; and
(F) $1,823,883 to Texas A&M
University--Texarkana; and
(10) $8,662,500 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) Except as otherwise provided by this subsection,
Subsection (a) and this subsection expire September 1, 2015.
Notwithstanding Subsection (a-1), the annual allocation of funds
made under Subsection (a-1) applies only if the 84th Legislature in
Regular Session, 2015, increases the amount of the annual
constitutional appropriation to an amount sufficient to fund that
allocation and includes an appropriation for that amount in a
general appropriations act for the state fiscal biennium that
begins September 1, 2015. If the 84th Legislature in Regular
Session, 2015, does not increase the amount of the annual
constitutional appropriation to that amount and include an
appropriation for that amount in a general appropriations act for
that biennium, then Subsection (a-1) has no effect and Subsection
(a) and this subsection do not expire.
(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, and was certified by the
coordinating board to operate as a general academic teaching
institution in April 2009, 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]. Whereas the University of North Texas at Dallas
College of Law, which was previously designated by Chapter 1213
(S.B. 956), Acts of the 81st Legislature, Regular Session, 2009, as
an institution of higher education until such time the University
of North Texas at Dallas had been in operation as a general academic
teaching institution for a period of five years, now operates as a
professional school within the University of North Texas at Dallas
as a result of the expiration of that period, the allocation to the
University of North Texas at Dallas under this section includes an
amount attributable to the University of North Texas at Dallas
College of Law as part of the university.
(e-2) Whereas The University of Texas--Pan American and The
University of Texas at Brownsville were consolidated into a general
academic teaching institution that is excluded from participation
in the funding provided by Section 17, Article VII, Texas
Constitution, by Chapter 726 (S.B. 24), Acts of the 83rd
Legislature, Regular Session, 2013, which was approved by a vote of
more than two-thirds of the membership of each house of the
legislature, The University of Texas--Pan American and The
University of Texas at Brownsville are omitted from the allocation
of funds under this section.
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,
2016 [2008], the amount of the annual constitutional appropriation
under that subsection is increased to $393.75 [$262.5] million.
SECTION 3. Section 62.027(c), Education Code, is amended to
read as follows:
(c) The increase provided by the amendment to Section 62.024
enacted by the 84th [79th] Legislature, Regular Session, 2015
[2005], in the amount of the appropriation made under Section
17(a), Article VII, Texas Constitution, for each state fiscal year
beginning with the state fiscal year ending August 31, 2016 [2008],
constitutes the increase in accordance with Section 17(a) that the
legislature considers appropriate for the five-year period
beginning September 1, 2015 [2005].
SECTION 4. The amounts allocated under Section 62.021,
Education Code, as amended by this Act, apply to each state fiscal
year beginning with the state fiscal year beginning September 1,
2015.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect August 31, 2015.
(b) Sections 2 and 3 of this Act take effect as provided by
Subsection (a) of this section only if this Act is approved by a
vote of two-thirds of the membership of each house of the
legislature as required by Section 17(a), Article VII, Texas
Constitution.