Texas 2019 86th Regular

Texas Senate Bill SB709 Comm Sub / Bill

Filed 04/04/2019

                    By: West, Seliger S.B. No. 709
 (In the Senate - Filed February 8, 2019; March 1, 2019, read
 first time and referred to Committee on Higher Education;
 April 4, 2019, reported favorably by the following vote:  Yeas 9,
 Nays 0; April 4, 2019, sent to printer.)
Click here to see the committee vote


 A BILL TO BE ENTITLED
 AN ACT
 relating to the allocation and use 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), (a-1), and (b) and adding Subsection
 (a-3) to read as follows:
 (a)  In each state fiscal year beginning with the state
 fiscal year ending August 31, 2021 [2016], 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)  $4,933,200 [$3,374,275] to Midwestern State
 University;
 (2)  to the following component institutions of the
 University of North Texas System:
 (A)  $37,346,563 [$25,041,370] to the University
 of North Texas;
 (B)  $15,125,502 [$11,394,570] to the University
 of North Texas Health Science Center at Fort Worth; and
 (C)  $3,354,441 [$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)  $11,277,793 [$7,757,442] to Stephen F. Austin
 State University;
 (4)  to the following component institutions of the
 Texas State University System:
 (A)  $13,141,181 [$9,401,255] to Lamar
 University;
 (B)  $2,553,130 [$1,720,347] to the Lamar
 Institute of Technology;
 (C)  $1,488,396 [$1,129,562] to Lamar State
 College--Orange;
 (D)  $2,217,102 [$1,438,523] to Lamar State
 College--Port Arthur;
 (E)  $18,236,811 [$11,553,239] to Sam Houston
 State University;
 (F)  $37,606,478 [$24,775,170] to Texas State
 University;
 (G)  $2,151,723 [$1,423,682] to Sul Ross State
 University; and
 (H)  $472,890 [$273,825] to Sul Ross State
 University-Rio Grande College;
 (5)  $11,719,335 [$7,773,229] to Texas Southern
 University;
 (6)  to the following component institutions of the
 Texas Tech University System:
 (A)  $49,874,746 [$32,817,206] to Texas Tech
 University;
 (B)  $21,652,392 [$15,581,597] to Texas Tech
 University Health Sciences Center;
 (C)  $6,792,999 [$3,546,735] to Angelo State
 University; and
 (D)  $5,557,572 [$4,156,050] to Texas Tech
 University Health Sciences Center--El Paso;
 (7)  $14,554,133 [$9,897,706] to Texas Woman's
 University;
 (8)  to the following component institutions of the
 University of Houston System:
 (A)  $54,514,004 [$35,180,036] to the University
 of Houston;
 (B)  $3,542,817 [$2,850,574] to the University of
 Houston--Victoria;
 (C)  $7,726,043 [$5,336,744] to the University of
 Houston--Clear Lake; and
 (D)  $10,828,344 [$7,835,252] to the University
 of Houston--Downtown;
 (9)  to the following component institutions of The
 Texas A&M University System:
 (A)  $11,478,824 [$7,424,229] to Texas A&M
 University--Corpus Christi;
 (B)  $7,462,394 [$4,473,273] to Texas A&M
 International University;
 (C)  $8,858,060 [$5,977,371] to Texas A&M
 University--Kingsville;
 (D)  $7,446,495 [$4,776,272] to West Texas A&M
 University;
 (E)  $11,123,859 [$7,190,875] to Texas A&M
 University--Commerce; and
 (F)  $2,050,273 [$1,215,922] to Texas A&M
 University--Texarkana; and
 (10)  $8,662,500 [$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)  Texas State Technical College--Fort Bend;
 and
 (F)  Texas State Technical College--North Texas.
 (a-1)  In [each state fiscal year beginning with] the state
 fiscal year ending August 31, 2020 [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;
 (E)  Texas State Technical College--Fort Bend;
 and
 (F)  Texas State Technical College--North Texas.
 (a-3)  This subsection and Subsection (a-1) expire September
 1, 2020.
 (b)  Each governing board participating in the distribution
 of funds as described in this section may expend the funds without
 limitation, and as the governing board may decide in its sole
 discretion, for any and all purposes described in Section 17,
 Article VII, Texas [Section 17, of the] Constitution, including to
 purchase or contract for cloud computing services or other
 intangible assets with an expected useful life or for a contract
 period of more than one year [of Texas; provided, however, that for
 new construction, major repair and rehabilitation projects, and
 land acquisition projects, those funds may not be expended without
 the prior approval of the legislature or the approval, review, or
 endorsement, as applicable, of the coordinating board; and provided
 further that review and approval of major repair and rehabilitation
 shall apply only to projects in excess of $600,000].
 SECTION 2.  Sections 62.021(a-2) and (f), Education Code,
 are repealed.
 SECTION 3.  (a)  The amounts allocated under Section
 62.021(a-1), Education Code, as amended by this Act, apply to the
 state fiscal year beginning September 1, 2019.
 (b)  The amounts allocated under Section 62.021(a),
 Education Code, as amended by this Act, apply to each state fiscal
 year beginning with the state fiscal year beginning September 1,
 2020.
 SECTION 4.  This Act takes effect August 31, 2019.
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