Texas 2015 84th Regular

Texas Senate Bill SB1191 Enrolled / Bill

Filed 05/31/2015

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                    S.B. No. 1191


 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, 2017, 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)  Notwithstanding Subsections (a) and (a-1), if Section
 62.024 is not amended by the 84th Legislature, Regular Session,
 2015, to increase the amount of the appropriation made under
 Section 17(a), Article VII, Texas Constitution, Subsection (a) of
 this section applies in each state fiscal year beginning with the
 state fiscal year ending August 31, 2016, and Subsection (a-1) of
 this section has no effect.
 (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,
 2017 [2008], the amount of the annual constitutional appropriation
 under that subsection is increased to $393.75 [$262.5] million.
 Before the state fiscal year ending August 31, 2017, the amount of
 the annual constitutional appropriation under that subsection is
 $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, 2017 [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.  (a)  The amounts allocated under Section
 62.021(a), Education Code, as amended by this Act, apply to the
 state fiscal year beginning September 1, 2015.
 (b)  The amounts allocated under Section 62.021(a-1),
 Education Code, as added by this Act, apply to each state fiscal
 year beginning with the state fiscal year beginning September 1,
 2016.
 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.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 1191 passed the Senate on
 April 9, 2015, by the following vote:  Yeas 28, Nays 3;
 May 25, 2015, Senate refused to concur in House amendment and
 requested appointment of Conference Committee; May 27, 2015, House
 granted request of the Senate; May 30, 2015, Senate adopted
 Conference Committee Report by the following vote:  Yeas 28,
 Nays 3.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 1191 passed the House, with
 amendment, on May 1, 2015, by the following vote:  Yeas 114,
 Nays 19, two present not voting; May 27, 2015, House granted
 request of the Senate for appointment of Conference Committee;
 May 31, 2015, House adopted Conference Committee Report by the
 following vote:  Yeas 107, Nays 35, two present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor