HB 42 Introduced

Relating to the amount and allocation of the annual constitutional appropriation to certain agencies and institutions of higher education and to the permissible uses of that money. 

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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 and to the permissible uses of that money.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  Section 62.021, Education Code, is amended by

 

amending Subsection (a) and adding Subsections (a-1), (a-2) and

 

(c-1) to read as follows:

 

       (a)  In [each state fiscal year beginning with] the state

 

fiscal year ending August 31, 2026 [2021], 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)  to the following component institutions of the

 

University of North Texas System:

 

                   (A)  $66,211,690 [$38,473,304] to the University

 

of North Texas and its branch campus, the University of North Texas

 

at Frisco, allocated as determined by the board of regents of the

 

system;

 

                   (B)  $20,765,997 [$15,581,837] to the University

 

of North Texas Health Science Center at Fort Worth; and

 

                   (C)  $7,094,726 [$3,455,644] to the University of

 

North Texas at Dallas;

 

             (2)  to the following component institutions of the

 

Texas State University System:

 

                   (A)  $20,089,746 [$13,537,649] to Lamar

 

University;

 

                   (B)  $8,254,303 [$2,630,158] to the Lamar

 

Institute of Technology;

 

                   (C)  $5,184,597 [$1,533,301] to Lamar State

 

College–Orange;

 

                   (D)  $5,990,785 [$2,283,992] to Lamar State

 

College–Port Arthur;

 

                   (E)  $22,988,648 [$18,787,013] to Sam Houston

 

State University;

 

                   (F)  $55,028,264 [$38,741,061] to Texas State

 

University;

 

                   (G)  $4,633,243 [$2,216,640] to Sul Ross State

 

University; [and]

 

                   (H)  $2,929,741 [$487,157] to Sul Ross State

 

University-Rio Grande College; and

 

                   (I)  $5,825,969 to Sam Houston State University

 

College of Osteopathic Medicine;

 

             (3)  $14,388,378 [$12,072,906] to Texas Southern

 

University;

 

             (4)  to the following component institutions of the

 

Texas Tech University System:

 

                   (A)  $82,019,289 [$51,379,461] to Texas Tech

 

University;

 

                   (B)  $29,317,972 [$22,305,642] to Texas Tech

 

University Health Sciences Center;

 

                   (C)  $10,069,019 [$6,997,943] to Angelo State

 

University;

 

                   (D)  $10,659,472 [$5,725,243] to Texas Tech

 

University Health Sciences Center–El Paso; and

 

                   (E)  $7,340,986 [$5,082,034] to Midwestern State

 

University;

 

             (5)  $19,808,482 [$14,993,229] to the component

 

institutions of the Texas Woman’s University System, allocated as

 

determined by the board of regents of the system;

 

             (6)  to the following component institutions of the

 

University of Houston System:

 

                   (A)  $75,147,013 [$56,158,685] to the University

 

of Houston;

 

                   (B)  $6,366,800 [$3,649,703] to the University of

 

Houston–Victoria;

 

                   (C)  $10,470,577 [$7,959,137] to the University

 

of Houston–Clear Lake; [and]

 

                   (D)  $14,866,227 [$11,155,034] to the University

 

of Houston–Downtown; and

 

                   (E)  $4,799,064 to the University of Houston

 

College of Medicine;

 

             (7)  to the following component institutions of The

 

Texas A&M University System:

 

                   (A)  $15,386,251 [$11,825,139] to Texas A&M

 

University–Corpus Christi;

 

                   (B)  $11,911,395 [$7,687,534] to Texas A&M

 

International University;

 

                   (C)  $10,424,459 [$9,125,307] to Texas A&M

 

University–Kingsville;

 

                   (D)  $11,705,500 [$7,671,155] to West Texas A&M

 

University;

 

                   (E)  $13,281,126 [$11,459,464] to East Texas A&M

 

University [University–Commerce]; and

 

                   (F)  $4,671,529 [$2,112,129] to Texas A&M

 

University–Texarkana; and

 

             (8)  $12,993,750 [$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;

 

                   (D)  Texas State Technical College–Waco;

 

                   (E)  Texas State Technical College–Fort Bend;

 

[and]

 

                   (F)  Texas State Technical College–North Texas;

 

and

 

                   (G)  Texas State Technical College-East

 

Williamson County.

 

       (a-1)  In each state fiscal year beginning with the state

 

fiscal year ending August 31, 2027, 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.  The annual amounts allocated by the formula are as

 

follows:

 

             (1)  to the following component institutions of the

 

University of North Texas System:

 

                   (A)  $67,815,750 to the University of North Texas

 

and its branch campus, the University of North Texas at Frisco,

 

allocated as determined by the board of regents of the system;

 

                   (B)  $21,220,626 to the University of North Texas

 

Health Science Center at Fort Worth; and

 

                   (C)  $7,218,152 to the University of North Texas

 

at Dallas;

 

             (2)  to the following component institutions of the

 

Texas State University System:

 

                   (A)  $20,566,492 to Lamar University;

 

                   (B)  $8,406,665 to the Lamar Institute of

 

Technology;

 

                   (C)  $5,261,748 to Lamar State College–Orange;

 

                   (D)  $6,087,467 to Lamar State College–Port

 

Arthur;

 

                   (E)  $23,545,576 to Sam Houston State University;

 

                   (F)  $56,361,392 to Texas State University;

 

                   (G)  $4,697,037 to Sul Ross State University;

 

                   (H)  $2,952,266 to Sul Ross State University-Rio

 

Grande College; and

 

                   (I)  $5,918,658 to Sam Houston State University

 

College of Osteopathic Medicine;

 

             (3)  $14,699,707 to Texas Southern University;

 

             (4)  to the following component institutions of the

 

Texas Tech University System:

 

                   (A)  $84,006,307 to Texas Tech University;

 

                   (B)  $29,979,784 to Texas Tech University Health

 

Sciences Center;

 

                   (C)  $10,283,510 to Angelo State University;

 

                   (D)  $10,869,258 to Texas Tech University Health

 

Sciences Center–El Paso; and

 

                   (E)  $7,470,934 to Midwestern State University;

 

             (5)  $20,272,798 to the component institutions of the

 

Texas Woman’s University System, allocated as determined by the

 

board of regents of the system;

 

             (6)  to the following component institutions of the

 

University of Houston System:

 

                   (A)  $76,967,542 to the University of Houston;

 

                   (B)  $6,472,592 to the University of

 

Houston–Victoria;

 

                   (C)  $10,686,156 to the University of

 

Houston–Clear Lake;

 

                   (D)  $15,207,338 to the University of

 

Houston–Downtown; and

 

                   (E)  $4,866,875 to the University of Houston

 

College of Medicine;

 

             (7)  to the following component institutions of The

 

Texas A&M University System:

 

                   (A)  $15,729,462 to Texas A&M University–Corpus

 

Christi;

 

                   (B)  $12,162,028 to Texas A&M International

 

University;

 

                   (C)  $10,633,569 to Texas A&M

 

University–Kingsville;

 

                   (D)  $11,953,642 to West Texas A&M University;

 

                   (E)  $13,575,421 to East Texas A&M University; and

 

                   (F)  $4,736,250 to Texas A&M

 

University-Texarkana.

 

       (a-2)  Notwithstanding Subsections (a) and (a-1), if the

 

constitutional amendment proposed by the 89th Legislature, Regular

 

Session, 2023, relating to a permanent fund to support the capital

 

needs of educational programs offered by the Texas State Technical

 

College System is not approved by the voters, Subsection (a) of this

 

section applies in each state fiscal year beginning with the state

 

fiscal year ending August 31, 2026, and Subsection (a-1) of this

 

section has no effect.

 

       (c-1)  Each governing board participating in the

 

distribution of funds as described in this section may in its sole

 

discretion use the funds for the payment of bonds as defined in

 

Section 55.01 of this code, the proceeds of which were expended for

 

any and all purposes described in Section 17, Article VII, Texas

 

Constitution.

 

       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,

 

2026 [2017], the amount of the annual constitutional appropriation

 

under that subsection is increased to $590.625 [$393.75] 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 89th [84th] Legislature, Regular Session, 2025

 

[2015], 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, 2026 [2017],

 

constitutes the increase in accordance with Section 17(a) that the

 

legislature considers appropriate for the five-year period

 

beginning September 1, 2025 [2015].

 

       SECTION 4.  Section 62.021 (e-2), Education Code, is

 

repealed.

 

       SECTION 5.  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,

 

2025.

 

       SECTION 6.  (a)  Except as provided by Subsection (b) of this

 

section, this Act takes effect August 31, 2025.

 

       (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. 

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