Bill Text: TX SB709 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the allocation and use of the annual constitutional appropriation to certain agencies and institutions of higher education.

Sponsorship: Moderate Partisan Bill (Republican 16-5)

Status: (Passed) 2019-06-14 - Effective on . . . . . . . . . . . . . . . August 31, 2019 [SB709 Detail]

Download: Texas-2019-SB709-Enrolled.html

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S.B. No. 709

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), (b), and (c) 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].
(c) Each governing board participating in the distribution
of funds as described in this section may issue bonds and notes as
authorized in Section 17, Article VII, Texas [Section 17, of the]
Constitution [of Texas]. [For purposes of this chapter, the
governing board of Texas Tech University may issue bonds and notes
as authorized in Article VII, Section 17, of the Constitution of
Texas, on behalf of both Texas Tech University and Texas Tech
University Health Sciences Center, and the annual appropriations of
both institutions may be combined and pledged by the governing body
of Texas Tech University in support of such bonds and notes.]
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 709 passed the Senate on
April 10, 2019, by the following vote: Yeas 29, Nays 1; and that
the Senate concurred in House amendment on May 23, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 709 passed the House, with
amendment, on May 15, 2019, by the following vote: Yeas 135,
Nays 10, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor