Texas 2025 - 89th Regular

Texas House Bill HJR5 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R20594 KJE-F
2		-	By: Lambert, Wilson, Curry, Harris Davila, H.J.R. No. 5
3		-	Spiller, et al.
4		-	Substitute the following for H.J.R. No. 5:
5		-	By: Wilson C.S.H.J.R. No. 5
	1	+	89R11463 KJE-F
	2	+	By: Lambert H.J.R. No. 5
	3	+
	4	+
6	5
7	6
8	7		A JOINT RESOLUTION
9	8		proposing a constitutional amendment providing for the creation of
10	9		funds to support the capital needs of educational programs offered
11		-	by the Texas State Technical College System and ~~removing that~~
12		-	system and its campuses ~~from~~ the ~~annual appropriation of certain~~
13		-	constitutionally dedicated funding ~~for public institutions of~~
14		-	higher education.
	10	+	by the Texas State Technical College System and repealing the
	11	+	limitation on the allocation to that system and its campuses of the
	12	+	annual appropriation of certain constitutionally dedicated funding
	13	+	for public institutions of higher education.
15	14		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	15		SECTION 1. Article VII, Texas Constitution, is amended by
17	16		adding Section 21 to read as follows:
18	17		Sec. 21. (a) In this section:
19	18		(1) "Available fund" means the available workforce
20	19		education fund.
21	20		(2) "Permanent fund" means the permanent technical
22	21		institution infrastructure fund.
23	22		(b) The permanent technical institution infrastructure fund
24	23		and the available workforce education fund are established as
25	24		special funds in the state treasury outside the general revenue
26	25		fund to be administered as provided by this section without further
27	26		appropriation for the purpose of providing a dedicated source of
28	27		funding for capital projects and equipment purchases related to
29	28		educational programs offered by the Texas State Technical College
30	29		System.
31	30		(c) The permanent fund consists of:
32	31		(1) money appropriated, credited, transferred, or
33	32		deposited to the credit of the fund by this section or as authorized
34	33		by other law;
35	34		(2) any interest or other earnings attributable to the
36	35		investment of money in the fund; and
37	36		(3) gifts, grants, and donations made to the fund.
38	37		(d) The available fund consists of:
39	38		(1) money distributed to the fund from the permanent
40	39		fund as provided by this section;
41	40		(2) money appropriated, credited, transferred, or
42	41		deposited to the credit of the fund by this section or as authorized
43	42		by other law;
44	43		(3) any interest or other earnings attributable to the
45	44		investment of money in the fund; and
46	45		(4) gifts, grants, and donations made to the fund.
47	46		(e) The comptroller of public accounts or the board of
48	47		regents of the Texas State Technical College System may establish
49	48		accounts in the available fund as necessary to administer the fund
50	49		or pay for projects authorized under this section.
51	50		(f) The comptroller of public accounts shall hold, manage,
52	51		and invest the permanent fund. In managing the assets of the fund,
53	52		the comptroller may acquire, exchange, sell, supervise, manage, or
54	53		retain any kind of investment that a prudent investor, exercising
55	54		reasonable care, skill, and caution, would acquire or retain in
56	55		light of the purposes, terms, distribution needs, and other
57	56		circumstances of the fund, taking into consideration the investment
58	57		of all the assets of the fund rather than a single investment. The
59	58		expenses of managing the investments of the fund shall be paid from
60	59		the fund.
61	60		(g) Money may not be appropriated or transferred from the
62	61		permanent fund or the available fund except as provided by this
63	62		section.
64	63		(h) The comptroller of public accounts shall determine the
65	64		amount available for distribution from the permanent fund to the
66		-	available fund for each fiscal year in accordance with a
67		-	distribution policy adopted by the comptroller. The amount
68		-	available for distribution:
	65	+	available fund for each fiscal year. The amount available for
	66	+	distribution:
69	67		(1) must be determined in a manner intended to:
70	68		(A) provide the available fund with a stable and
71	69		predictable stream of annual distributions; and
72	70		(B) preserve over a rolling 10-year period the
73	71		purchasing power of the permanent fund; and
74	72		(2) may not exceed 5.5 percent of the fair market value
75	73		of the investment assets of the permanent fund, as determined by the
76	74		comptroller.
77	75		(i) For each state fiscal year, on request of the board of
78	76		regents of the Texas State Technical College System, the
79	77		comptroller of public accounts shall distribute an amount that does
80	78		not exceed the amount determined under Subsection (h) of this
81	79		section from the permanent fund to the available fund for purposes
82	80		of this section.
83	81		(j) The amount distributed from the permanent fund to the
84	82		available fund under Subsection (i) of this section is appropriated
85	83		to the board of regents of the Texas State Technical College System
86	84		for:
87	85		(1) acquiring land, either with or without permanent
88	86		improvements;
89	87		(2) constructing and equipping buildings or other
90	88		permanent improvements;
91	89		(3) major repair and rehabilitation of buildings and
92	90		other permanent improvements;
93	91		(4) acquiring capital equipment, including
94	92		instructional equipment, virtual reality or augmented reality
95	93		equipment, heavy industrial equipment, and vehicles;
96	94		(5) acquiring library books and materials, including
97	95		digital or electronic library books and materials;
98	96		(6) payment of the principal and interest due on the
99	97		bonds and notes issued by the respective board of regents to finance
100	98		permanent improvements as authorized by other law; and
101	99		(7) any other purpose authorized by general law.
102	100		(k) Notwithstanding any other provision of this section,
103	101		money appropriated from the available fund under this section may
104	102		not be used for the purpose of constructing, equipping, repairing,
105	103		or rehabilitating buildings or other permanent improvements that
106	104		are to be used for intercollegiate athletics or auxiliary
107	105		enterprises.
108	106		(l) An institution, other than a component institution of
109	107		the Texas State Technical College System, that is entitled to
110	108		participate in dedicated funding provided by Section 17 or 18 of
111	109		this article may not be entitled to participate in the funding
112	110		provided by this section.
113	111		(m) This section does not impair any obligation created by
114	112		the issuance of bonds or notes in accordance with prior law,
115	113		including bonds or notes issued under Section 17 of this article,
116	114		and all outstanding bonds and notes shall be paid in full, both
117	115		principal and interest, in accordance with their terms. If this
118	116		section conflicts with any other provision of this constitution,
119	117		this section prevails.
120	118		(n) Money appropriated under Subsection (j) of this section
121	119		that is not spent during the state fiscal year for which the
122	120		appropriation is made is retained by the Texas State Technical
123	121		College System and may be spent in a subsequent state fiscal year
124	122		for a purpose for which the appropriation was made.
125	123		(n-1) On January 1, 2026, the amount of $850 million is
126	124		appropriated from the general revenue fund to the comptroller of
127	125		public accounts for the purpose of immediate deposit to the credit
128	126		of the permanent fund. This subsection expires December 31, 2026.
129		-	SECTION 2. Sections 17(b) and (c), Article VII, Texas
130		-	Constitution, are amended to read as follows:
131		-	(b) The funds appropriated under Subsection (a) of this
132		-	section shall be for the use of the following eligible agencies and
133		-	institutions of higher education (even though their names may be
134		-	changed):
135		-	(1) East Texas State University including East Texas
136		-	State University at Texarkana;
137		-	(2) Lamar University including Lamar University at
138		-	Orange and Lamar University at Port Arthur;
139		-	(3) Midwestern State University;
140		-	(4) University of North Texas;
141		-	(5) The University of Texas--Pan American including
142		-	The University of Texas at Brownsville;
143		-	(6) Stephen F. Austin State University;
144		-	(7) Texas College of Osteopathic Medicine;
145		-	(8) Texas State University System Administration and
146		-	the following component institutions:
147		-	(9) Sam Houston State University;
148		-	(10) Southwest Texas State University;
149		-	(11) Sul Ross State University including Uvalde Study
150		-	Center;
151		-	(12) Texas Southern University;
152		-	(13) Texas Tech University;
153		-	(14) Texas Tech University Health Sciences Center;
154		-	(15) Angelo State University;
155		-	(16) Texas Woman's University;
156		-	(17) University of Houston System Administration and
157		-	the following component institutions:
158		-	(18) University of Houston;
159		-	(19) University of Houston--Victoria;
160		-	(20) University of Houston--Clear Lake;
161		-	(21) University of Houston--Downtown;
162		-	(22) Texas A&M University--Corpus Christi;
163		-	(23) Texas A&M International University;
164		-	(24) Texas A&M University--Kingsville; and
165		-	(25) West Texas A&M University[; and
166		-	[(26) Texas State Technical College System and its
167		-	campuses, but not its extension centers or programs].
168		-	(c) Pursuant to a two-thirds vote of the membership of each
169		-	house of the legislature, institutions of higher education may be
170		-	created at a later date by general law, and, when created, such an
171		-	institution shall be entitled to participate in the funding
172		-	provided by this section if it is not created as a part of The
173		-	University of Texas System or The Texas A&M University System. An
174		-	institution that is entitled to participate in dedicated funding
175		-	provided by [Article VII,] Section 18 or 21[,] of this article
176		-	[constitution] may not be entitled to participate in the funding
177		-	provided by this section.
	127	+	(o) For purposes of Section 22, Article VIII, of this
	128	+	constitution:
	129	+	(1) money in the permanent fund and the available fund
	130	+	is dedicated by this constitution; and
	131	+	(2) an appropriation of state tax revenues for the
	132	+	purpose of depositing money to the credit of the permanent fund or
	133	+	the available fund is treated as if it were an appropriation of
	134	+	revenues dedicated by this constitution.
	135	+	(p) If a board of regents of a higher education system,
	136	+	higher education system, institution of higher education, or state
	137	+	office referenced in this section is merged with another entity or
	138	+	dissolved or otherwise eliminated by law, the rights, privileges,
	139	+	benefits, entitlements, funding, duties, and obligations assigned
	140	+	to that board of regents, system, institution, or state office by
	141	+	this section pass to its successor in function.
	142	+	SECTION 2. Section 17(j), Article VII, Texas Constitution,
	143	+	is amended to read as follows:
	144	+	(j) The state systems and institutions of higher education
	145	+	designated in this section may not receive any additional funds
	146	+	from the general revenue of the state, other than money
	147	+	appropriated under Section 21 of this article, for acquiring land
	148	+	with or without permanent improvements, for constructing or
	149	+	equipping buildings or other permanent improvements, or for major
	150	+	repair and rehabilitation of buildings or other permanent
	151	+	improvements except that:
	152	+	(1) in the case of fire or natural disaster the
	153	+	legislature may appropriate from the general revenue an amount
	154	+	sufficient to replace the uninsured loss of any building or other
	155	+	permanent improvement; and
	156	+	(2) the legislature, by two-thirds vote of each house,
	157	+	may, in cases of demonstrated need, which need must be clearly
	158	+	expressed in the body of the act, appropriate additional general
	159	+	revenue funds for acquiring land with or without permanent
	160	+	improvements, for constructing or equipping buildings or other
	161	+	permanent improvements, or for major repair and rehabilitation of
	162	+	buildings or other permanent improvements.
	163	+	This subsection does not apply to legislative appropriations
	164	+	made prior to the adoption of this amendment.
178	165		SECTION 3. Section 18(c), Article VII, Texas Constitution,
179	166		is amended to read as follows:
180	167		(c) Pursuant to a two-thirds vote of the membership of each
181	168		house of the legislature, institutions of higher education may be
182	169		created at a later date as a part of The University of Texas System
183	170		or The Texas A&M University System by general law, and, when
184	171		created, such an institution shall be entitled to participate in
185	172		the funding provided by this section for the system in which it is
186	173		created. An institution that is entitled to participate in
187	174		dedicated funding provided by [Article VII,] Section 17 or 21[,] of
188	175		this article [constitution] may not be entitled to participate in
189	176		the funding provided by this section.
190	177		SECTION 4. Section 17(d-1), Article VII, Texas
191	178		Constitution, is repealed.
192		-	SECTION 5. The following temporary provision is added to
193		-	the Texas Constitution:
194		-	TEMPORARY PROVISION. (a) This temporary provision applies
195		-	to the constitutional amendment proposed by the 89th Legislature,
196		-	Regular Session, 2025, providing for the creation of the permanent
197		-	technical institution infrastructure fund and the available
198		-	workforce education fund to support the capital needs of
199		-	educational programs offered by the Texas State Technical College
200		-	System and removing that system and its campuses from the annual
201		-	appropriation of certain constitutionally dedicated funding for
202		-	public institutions of higher education.
203		-	(b) The amendments to Section 17, Article VII, of this
204		-	constitution take effect September 1, 2026.
205		-	(c) This temporary provision expires September 1, 2027.
206		-	SECTION 6. This proposed constitutional amendment shall be
	179	+	SECTION 5. This proposed constitutional amendment shall be
207	180		submitted to the voters at an election to be held November 4, 2025.
208	181		The ballot shall be printed to permit voting for or against the
209	182		proposition: "The constitutional amendment providing for the
210	183		creation of the permanent technical institution infrastructure
211	184		fund and the available workforce education fund to support the
212	185		capital needs of educational programs offered by the Texas State
213		-	Technical College System and removing that system and its campuses
214		-	from the annual appropriation of certain constitutionally
215		-	dedicated funding for public institutions of higher education."
	186	+	Technical College System and repealing the limitation on the
	187	+	allocation to that system and its campuses of the annual
	188	+	appropriation of certain constitutionally dedicated funding for
	189	+	public institutions of higher education."