84R7655 KJE-D
By: Turner of Harris H.J.R. No. 115
A JOINT RESOLUTION
proposing a constitutional amendment to entitle the University of
Houston to participate in the income and other benefits of the
permanent university fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18, Article VII, Texas Constitution, is
amended by amending Subsections (b) and (f) and adding Subsections
(b-1), (b-2), and (f-1) to read as follows:
(b) The Board of Regents of The University of Texas System
may issue bonds and notes not to exceed a total amount of 10 [20]
percent of the cost value of investments and other assets of the
permanent university fund (exclusive of real estate) at the time of
issuance thereof, and may pledge all or any part of its one-third
[two-thirds] interest in the available university fund to secure
the payment of the principal and interest of those bonds and notes,
for the purpose of acquiring land either with or without permanent
improvements, constructing and equipping buildings or other
permanent improvements, major repair and rehabilitation of
buildings and other permanent improvements, acquiring capital
equipment and library books and library materials, and refunding
bonds or notes issued under this section or prior law, at or for The
University of Texas System administration and the following
component institutions of the system:
(1) The University of Texas at Arlington;
(2) The University of Texas at Austin;
(3) The University of Texas at Dallas;
(4) The University of Texas at El Paso;
(5) The University of Texas of the Permian Basin;
(6) The University of Texas at San Antonio;
(7) The University of Texas at Tyler;
(8) The University of Texas Southwestern Medical
[Health Science] Center [at Dallas];
(9) The University of Texas Medical Branch at
Galveston;
(10) The University of Texas Health Science Center at
Houston;
(11) The University of Texas Health Science Center at
San Antonio;
(12) The University of Texas M. D. Anderson [System]
Cancer Center;
(13) The University of Texas Health Northeast [Center
at Tyler]; and
(14) The University of Texas Institute of Texan
Cultures at San Antonio.
(b-1) The University of Houston may issue bonds and notes
not to exceed a total amount of 10 percent of the cost value of the
investments and other assets of the permanent university fund
(exclusive of real estate) at the time of the issuance thereof, and
may pledge all or any part of its one-third interest in the
available university fund to secure the payment of the principal
and interest of those bonds and notes, for the purpose of acquiring
land either with or without permanent improvements, constructing
and equipping buildings or other permanent improvements, major
repair and rehabilitation of buildings and other permanent
improvements, acquiring capital equipment and library books and
library materials, and refunding bonds or notes issued under this
section or prior law, at or for the University of Houston.
(b-2) In applying a portion of its one-third interest in the
available university fund to the payment of the principal of and
interest on bonds and notes issued under Subsection (b-1) of this
section for the benefit of the University of Houston, the Board of
Regents of the University of Houston System shall include
sufficient funds to pay the principal of and interest on all bonds
and notes, including refunding bonds and notes, previously issued
for the benefit of the University of Houston under Section 17(b) of
this article.
(f) Out of one-third of the annual distribution from the
permanent university fund to the available university fund, there
shall be appropriated an annual sum sufficient to pay the principal
and interest due on the bonds and notes issued by the Board of
Regents of The Texas A&M University System under this section and
prior law, and the remainder of that one-third of the annual
distribution to the available university fund shall be appropriated
to the Board of Regents of The Texas A&M University System which
shall have the authority and duty in turn to appropriate an
equitable portion of the same for the support and maintenance of The
Texas A&M University System administration, Texas A&M University,
and Prairie View A&M University. The Board of Regents of The Texas
A&M University System, in making just and equitable appropriations
to Texas A&M University and Prairie View A&M University, shall
exercise its discretion with due regard to such criteria as the
board may deem appropriate from year to year. Out of one-third [the
other two-thirds] of the annual distribution from the permanent
university fund to the available university fund there shall be
appropriated an annual sum sufficient to pay the principal and
interest due on the bonds and notes issued by the Board of Regents
of The University of Texas System under this section and prior law,
and the remainder of that one-third [such two-thirds] of the annual
distribution to the available university fund, shall be
appropriated for the support and maintenance of The University of
Texas at Austin and The University of Texas System administration.
Out of one-third of the annual distribution from the permanent
university fund to the available university fund, there shall be
appropriated an annual sum sufficient to pay the principal and
interest due on the bonds and notes issued by the University of
Houston under this section, and the remainder of that one-third of
the annual distribution to the available university fund shall be
appropriated for the support and maintenance of the University of
Houston.
(f-1) Notwithstanding Subsection (f) of this section, the
amount of the annual distribution from the permanent university
fund to The University of Texas System under that subsection may not
be less than the amount necessary to pay the principal and interest
due on bonds and notes issued under Subsection (b) of this section
by the Board of Regents of The University of Texas System before
September 1, 2015, not to exceed two-thirds of the annual
distribution from the permanent university fund, and the amount of
the annual distribution from the permanent university fund to the
University of Houston shall be adjusted accordingly.
SECTION 2. Section 17(b), Article VII, Texas Constitution,
is amended to read as follows:
(b) The funds appropriated under Subsection (a) of this
section shall be for the use of the following eligible agencies and
institutions of higher education (even though their names may be
changed):
(1) East Texas State University including East Texas
State University at Texarkana;
(2) Lamar University including Lamar University at
Orange and Lamar University at Port Arthur;
(3) Midwestern State University;
(4) University of North Texas;
(5) The University of Texas-Pan American including The
University of Texas at Brownsville;
(6) Stephen F. Austin State University;
(7) Texas College of Osteopathic Medicine;
(8) Texas State University System Administration and
the following component institutions:
(9) Sam Houston State University;
(10) Southwest Texas State University;
(11) Sul Ross State University including Uvalde Study
Center;
(12) Texas Southern University;
(13) Texas Tech University;
(14) Texas Tech University Health Sciences Center;
(15) Angelo State University;
(16) Texas Woman's University;
(17) University of Houston System Administration and
the following component institutions:
(18) [University of Houston;
[(19)] University of Houston-Victoria;
(19) [(20)] University of Houston-Clear Lake;
(20) [(21)] University of Houston-Downtown;
(21) [(22)] Texas A&M University-Corpus Christi;
(22) [(23)] Texas A&M International University;
(23) [(24)] Texas A&M University-Kingsville;
(24) [(25)] West Texas A&M University; and
(25) [(26)] Texas State Technical College System and
its campuses, but not its extension centers or programs.
SECTION 3. Article VII, Texas Constitution, is amended by
adding Section 17A to read as follows:
Sec. 17A. TEMPORARY PROVISION. (a) The transfer of the
University of Houston from Section 17 of this article to Section 18
of this article by the constitutional amendment proposed by the
84th Legislature, Regular Session, 2015, applies beginning with the
state fiscal year that begins September 1, 2016.
(b) Beginning with the state fiscal year that begins
September 1, 2016, the funds allocated as provided by Section 17(d)
of this article to the University of Houston shall be allocated to
the other agencies and institutions eligible to receive funds under
Section 17 of this article in proportion to the other funds
allocated to those agencies and institutions as provided by Section
17(d) of this article, until the legislature or designated agency
eliminates the University of Houston from the formula and
allocations made under Section 17(d) of this article.
(c) This section expires September 1, 2023.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2015.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to entitle the
University of Houston to participate in the income and other
benefits of the permanent university fund."