By: Seliger S.B. No. 1191 (In the Senate - Filed March 10, 2015; March 17, 2015, read first time and referred to Committee on Higher Education; March 30, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 1; March 30, 2015, sent to printer.) Click here to see the committee vote COMMITTEE SUBSTITUTE FOR S.B. No. 1191 By: Seliger 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 Subsection (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) $5,061,412 [$3,559,433] to Midwestern State University; (2) to the following component institutions of the University of North Texas System: (A) $37,562,056 [$27,846,476] to the University of North Texas; (B) $17,091,856 [(3) $8,771,265] 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 [(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) $14,101,882 [$8,330,933] to Lamar University; (B) $2,580,521 [$2,332,463] to the Lamar Institute of Technology; (C) $1,694,343 [$1,235,752] to Lamar State College--Orange; (D) $2,157,784 [$1,244,694] to Lamar State College--Port Arthur; (E) $17,329,858 [$11,893,110] to Sam Houston State University; (F) $37,162,755 [$21,863,258] to Texas State University; (G) $2,135,523 [$1,625,061] to Sul Ross State University; and (H) $410,738 [$445,380] to Sul Ross State University-Rio Grande College; (5) $11,659,843 [(8) $8,894,700] to Texas Southern University; (6) [(9)] to the following component institutions of the Texas Tech University System: (A) $49,225,809 [$23,936,088] to Texas Tech University; (B) $23,372,396 [$16,973,569] to Texas Tech University Health Sciences Center; [and] (C) $5,320,102 [$3,743,027] to Angelo State University; and (D) $6,234,075 to Texas Tech University Health Sciences Center--El Paso; (7) $14,846,558 [(10) $10,169,695] to Texas Woman's University; (8) [(11)] to the following component institutions of the University of Houston System: (A) $52,770,054 [$35,885,768] to the University of Houston; (B) $4,275,861 [$2,393,921] to the University of Houston--Victoria; (C) $8,005,116 [$5,214,167] to the University of Houston--Clear Lake; and (D) $11,752,877 [$7,435,238] to the University of Houston--Downtown; (9) [(12)] to the following component institutions of The Texas A&M University System: (A) $11,136,346 [$7,139,067] to Texas A&M University--Corpus Christi; (B) $6,709,910 [$3,796,436] to Texas A&M International University; (C) $8,966,056 [$5,046,885] to Texas A&M University--Kingsville; (D) $7,164,408 [$4,652,995] to West Texas A&M University; (E) $10,786,313 [$5,193,232] to Texas A&M University--Commerce; and (F) $1,823,883 [$1,307,907] to Texas A&M University--Texarkana; and (10) $8,662,500 [(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. (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 a 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 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. * * * * *