1 | 1 | | 84R4888 KEL-D |
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2 | 2 | | By: Muñoz, Jr. H.B. No. 3492 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to a permanent endowment to support the construction, |
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8 | 8 | | acquisition, improvement, and equipping of buildings, facilities, |
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9 | 9 | | and other improvements at public junior colleges. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 62, Education Code, is amended by adding |
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12 | 12 | | Subchapter H to read as follows: |
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13 | 13 | | SUBCHAPTER H. DISTRIBUTIONS FROM |
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14 | 14 | | PERMANENT PUBLIC COMMUNITY COLLEGE FUND |
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15 | 15 | | Sec. 62.161. PURPOSE. The purpose of this subchapter is to |
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16 | 16 | | provide for an equitable allocation of the funds available under |
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17 | 17 | | Section 21, Article VII, Texas Constitution, to support the |
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18 | 18 | | construction, acquisition, improvement, and equipping of |
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19 | 19 | | buildings, facilities, and other improvements at public junior |
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20 | 20 | | colleges. |
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21 | 21 | | Sec. 62.162. DEFINITIONS. In this subchapter: |
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22 | 22 | | (1) "Eligible institution" means a junior college |
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23 | 23 | | district. |
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24 | 24 | | (2) "Fund" means the permanent public community |
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25 | 25 | | college fund. |
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26 | 26 | | Sec. 62.163. ALLOCATIONS. (a) Beginning with the first |
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27 | 27 | | state fiscal year for which the comptroller certifies that, based |
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28 | 28 | | on the assets in the fund, there is sufficient purchasing power in |
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29 | 29 | | the fund to allocate money for the purposes of this subchapter, an |
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30 | 30 | | eligible institution is entitled to receive an amount allocated in |
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31 | 31 | | accordance with this subchapter from the amounts distributed for |
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32 | 32 | | that year from the permanent public community college fund created |
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33 | 33 | | by Section 21, Article VII, Texas Constitution. |
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34 | 34 | | (b) The comptroller shall distribute amounts allocated |
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35 | 35 | | under this subchapter only on presentation of a claim and issuance |
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36 | 36 | | of a warrant in accordance with Section 403.071, Government Code. |
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37 | 37 | | An eligible institution may not present a claim to be paid from any |
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38 | 38 | | amount allocated under this subchapter before the delivery of goods |
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39 | 39 | | or services, except for the payment of principal or interest on |
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40 | 40 | | bonds or notes or for a payment for a book or other published |
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41 | 41 | | library material as authorized by Section 2155.386, Government |
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42 | 42 | | Code. |
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43 | 43 | | (c) In each state fiscal year, the comptroller shall |
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44 | 44 | | distribute to eligible institutions the total amount appropriated |
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45 | 45 | | from the fund for that fiscal year. The amount shall be allocated |
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46 | 46 | | to the eligible institutions based on an equitable formula adopted |
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47 | 47 | | by the legislature to carry out the purposes of the fund as |
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48 | 48 | | established by Section 21, Article VII, Texas Constitution. The |
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49 | 49 | | coordinating board may make recommendations regarding the |
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50 | 50 | | equitable formula and may provide assistance regarding the formula |
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51 | 51 | | as directed by the legislature. |
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52 | 52 | | Sec. 62.164. USE OF ALLOCATED AMOUNTS. (a) An eligible |
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53 | 53 | | institution may use money received under this subchapter only for |
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54 | 54 | | the purposes prescribed by Section 21, Article VII, Texas |
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55 | 55 | | Constitution. |
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56 | 56 | | (b) Money received in a fiscal year by an eligible |
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57 | 57 | | institution under this subchapter that is not used in that fiscal |
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58 | 58 | | year by the institution may be held and used by the institution in |
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59 | 59 | | subsequent fiscal years for the purposes prescribed by this |
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60 | 60 | | subchapter. |
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61 | 61 | | SECTION 2. This Act takes effect January 1, 2016, but only |
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62 | 62 | | if the constitutional amendment proposed by the 84th Legislature, |
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63 | 63 | | Regular Session, 2015, to support the construction, acquisition, |
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64 | 64 | | improvement, and equipping of buildings, facilities, and other |
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65 | 65 | | improvements at public junior and community colleges is approved by |
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66 | 66 | | the voters. If that constitutional amendment is not approved by the |
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67 | 67 | | voters, this Act has no effect. |
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