Texas 2015 - 84th Regular

Texas House Bill HB3492 Compare Versions

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11 84R4888 KEL-D
22 By: Muñoz, Jr. H.B. No. 3492
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a permanent endowment to support the construction,
88 acquisition, improvement, and equipping of buildings, facilities,
99 and other improvements at public junior colleges.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Chapter 62, Education Code, is amended by adding
1212 Subchapter H to read as follows:
1313 SUBCHAPTER H. DISTRIBUTIONS FROM
1414 PERMANENT PUBLIC COMMUNITY COLLEGE FUND
1515 Sec. 62.161. PURPOSE. The purpose of this subchapter is to
1616 provide for an equitable allocation of the funds available under
1717 Section 21, Article VII, Texas Constitution, to support the
1818 construction, acquisition, improvement, and equipping of
1919 buildings, facilities, and other improvements at public junior
2020 colleges.
2121 Sec. 62.162. DEFINITIONS. In this subchapter:
2222 (1) "Eligible institution" means a junior college
2323 district.
2424 (2) "Fund" means the permanent public community
2525 college fund.
2626 Sec. 62.163. ALLOCATIONS. (a) Beginning with the first
2727 state fiscal year for which the comptroller certifies that, based
2828 on the assets in the fund, there is sufficient purchasing power in
2929 the fund to allocate money for the purposes of this subchapter, an
3030 eligible institution is entitled to receive an amount allocated in
3131 accordance with this subchapter from the amounts distributed for
3232 that year from the permanent public community college fund created
3333 by Section 21, Article VII, Texas Constitution.
3434 (b) The comptroller shall distribute amounts allocated
3535 under this subchapter only on presentation of a claim and issuance
3636 of a warrant in accordance with Section 403.071, Government Code.
3737 An eligible institution may not present a claim to be paid from any
3838 amount allocated under this subchapter before the delivery of goods
3939 or services, except for the payment of principal or interest on
4040 bonds or notes or for a payment for a book or other published
4141 library material as authorized by Section 2155.386, Government
4242 Code.
4343 (c) In each state fiscal year, the comptroller shall
4444 distribute to eligible institutions the total amount appropriated
4545 from the fund for that fiscal year. The amount shall be allocated
4646 to the eligible institutions based on an equitable formula adopted
4747 by the legislature to carry out the purposes of the fund as
4848 established by Section 21, Article VII, Texas Constitution. The
4949 coordinating board may make recommendations regarding the
5050 equitable formula and may provide assistance regarding the formula
5151 as directed by the legislature.
5252 Sec. 62.164. USE OF ALLOCATED AMOUNTS. (a) An eligible
5353 institution may use money received under this subchapter only for
5454 the purposes prescribed by Section 21, Article VII, Texas
5555 Constitution.
5656 (b) Money received in a fiscal year by an eligible
5757 institution under this subchapter that is not used in that fiscal
5858 year by the institution may be held and used by the institution in
5959 subsequent fiscal years for the purposes prescribed by this
6060 subchapter.
6161 SECTION 2. This Act takes effect January 1, 2016, but only
6262 if the constitutional amendment proposed by the 84th Legislature,
6363 Regular Session, 2015, to support the construction, acquisition,
6464 improvement, and equipping of buildings, facilities, and other
6565 improvements at public junior and community colleges is approved by
6666 the voters. If that constitutional amendment is not approved by the
6767 voters, this Act has no effect.