HBA-NLM H.J.R. 58 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 58
By: Junell
Appropriations
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

In 1984 the Texas Constitution was amended to include additional
institutions to the portion of the Permanent University Fund (PUF)
allocated to the University of Texas System.  The amendment more than
doubled the number of University of Texas institutions that depend on the
PUF for capital funds.  These additions account for almost one-half of the
fund's bond proceeds distributed since 1986. There is concern that despite
allocation of these resources to these institutions, a disparity exists
between these schools and those that are under the Higher Education Fund
(HEF). The purpose of this resolution is to adjust the PUF and HEF by
transferring certain schools from the Permanent University Fund to the
Higher Education Fund, altering the annual contribution to the HEF, and
amending the spending and investing policy of the PUF. 

As proposed, H.J.R. 58 requires the submission to the voters of a
constitutional amendment expanding the number of institutions eligible
under the Higher Education Fund to include all academic institutions other
than the University of Texas at Austin, Texas A&M University, and Prairie
View A&M University.  This bill increases the amount appropriated to the
Higher Education Fund from $100 million to $250 million. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Redesignates Sections 11, 11b, 12, and 18, Article VII, Texas
Constitution, as Section 18, as follows: 

Sec. 18. (a) Provides the purpose for the establishment of the permanent
university fund  and sets forth the composition of that fund.  Deletes
existing text relating to the requirement for certain proceeds, grants,
donations and other appropriations to constitute and become a Permanent
University Fund. 

(b)   Provides that the permanent university fund is held in perpetual
trust for the people of this state and for the use and benefit of the
institutions described by Subsections (e) and (f) of this section.
Prohibits spending of the principal of the fund. 

(c)  Redesignated from existing Section 11b.  Authorizes the Board of
Regents of the University of Texas System (board) to sell, lease, exchange,
or otherwise manage the assets of the fund in the manner prescribed by law
and requires the board to invest all proceeds. Provides that the authority
of the board to acquire, exchange, and  otherwise act as described by this
section, is subject to general law. Deletes existing Section 12 relating to
the selling of land herein set apart to the University fund.  Deletes
existing Sections 18(a)-(d)  relating the Board of Regents of the Texas A&M
University System's authority to issue bonds and notes for improvements,
repairs, acquisitions and refunding for certain component institutions of
the system. Makes nonsubstantive changes. 

(d)  Provides that the available university fund consists of the income,
rather than  dividends, interest, and other income, from the permanent
university fund less administrative expenses and less, rather than
including, the net income from grazing leases of permanent university fund
land. 

(e)  Requires one-third of the available university fund to annually be
appropriated in the manner provided by this subsection, rather than an
annual sum sufficient to pay the principal and interest due on certain
bonds and notes and the requirement to exercise discretion in making
equitable appropriations, to the Texas A&M System and its component
institutions. 

(f) Requires the other two-thirds of the available university fund to
annually be appropriated in the manner provided by this subsection, rather
than to the University of Texas System and its component institutions. 

(g)  Requires the board of regents of each university system to exercise
its discretion with due regard to the criteria the board considers
appropriate from year to year.  Deletes existing Subsection (g) relating to
the requirement that bonds and notes issued be payable solely out of the
available university fund. 

(h)  Authorizes the board of regents of specified university systems to
issue bonds and notes, and pledge their respective shares of the available
university fund for certain purposes described by this subsection.
Provides that bonds and notes issued under this subsection shall be for the
benefit of the institutions described by Subsections (e) and (f) of this
state.  Deletes existing Subsection (h) relating to the assurance of
efficient use of construction funds. 

Deletes existing Subsection (i) relating to the prohibition of the state
systems and institutions from receiving any funds from the general revenue
of the state for certain purposes. 

Deletes existing Subsection (j) relating to the provision that this section
is self-enacting on the issuance of the governor's proclamation. 

SECTION 2.  Amends Section 17, Article VII, Texas Constitution, as follows:

Sec. 17.  (a)  Provides that each fiscal year, rather than the fiscal year
beginning September 1, 1985, and thereafter, there is appropriated $250
million to be allocated as provided by law to the state's institutions of
higher education other than an institution that benefits from the permanent
university fund under Section 18 of this article or a junior college for
the purpose set forth in this subsection.  Authorizes the legislature to
appropriate additional money for that purpose. Deletes the provision
relating to money appropriated for the purpose of paying for acquiring,
constructing or equipping or for major repairs.  Deletes and the authority
of the legislature to increase the amount of the constitutional
appropriation.  

(b)  Authorizes the governing board of an institution authorized to
participate in the distribution of money under this section to issue
negotiable bonds or, rather than and, notes for the benefit of the
institution payable from the institution's allocations under this section.
Prohibits the aggregate principal amount of bonds from exceeding 50 percent
of the value of the funds appropriated to the institution under this
section.  Authorizes the legislature to, by provision in the general
appropriations bill, adjust the allocation of the funds for the ensuing
biennium but may not adjust the appropriation as provided. Authorizes the
bonds and notes to be used for the purposes enumerated in this section.
Deletes the provision that provided for the use of funds appropriated under
Subsection (a) for certain universities. 

(c)  Authorizes the legislature by general law to provide for and regulate:

_the pledge of these funds for bonds or refunding bonds;
_the manner of sale and maturities for bonds payable from these funds;
 _the depository for these funds;
_the transfers of these funds by the comptroller to the institutions; and
_the incontestability of bonds approved by the attorney general.

Deletes existing Subsection (c) relating to the entitlement of certain
universities to participate in the funding provided by this section. 

(d)  Redesignated from existing Subsection (f) and makes a nonsubstantive
change. Deletes existing Subsection (d) relating to annual appropriations
to the governing boards of eligible agencies and institutions of higher
education. 

(e)  Redesignated from existing Subsection (i) and prohibits spending the
principal of the fund for any purpose except on affirmative vote of
two-thirds of the membership of each house of the legislature.  Requires
the income from the investment of the fund, rather than the higher
education fund, to be credited to the fund until the fund balance equals $2
billion.  Requires the income from investment of the fund to be expended
for certain purposes after the balance of the fund reaches $2 billion.
Requires the appropriation required by Subsection (a) to cease at the
beginning of the first fiscal year after the fund balance reaches $2
billion. 

(f)  Prohibits an allocation under this section to the Texas State
Technical College System and its campuses from exceeding 2.2 percent of the
total of all allocations in any fiscal year.   

Delete Subsections (g), (h), (j), and (l), requiring the comptroller to
transfer funds, authorizing the legislature to provide for the construction
projects, prohibiting the receipt of additional funds, prohibiting the
expense of funds for land and improvements, and providing that this section
is self-enacting. 

SECTION 3.  Provides a temporary provision to the Texas Constitution, as
follows: 

TEMPORARY PROVISION.  (a)  Provides that the amendment of Section 17,
Article VII, Texas Constitution, adopted in 1999 does not impair any
obligation created by the issuance of bonds or notes in accordance with
that section or Section 18 of that article before January 1, 2000, and all
outstanding bonds and notes validly issued under those sections remain
valid, enforceable, and binding and shall be paid in full, both principal
and interest, in accordance with their terms and from the sources pledged
to the payment of the bonds.  Provides that the changes made in the
allocation of the available university fund do not affect the pledges made
in connection with bonds or notes. Authorizes the legislature by general
law to provide for implementation of this provision. 

(b)  Authorizes the legislature in any fiscal year to reduce the amount of
an appropriation made under Section 17, Article VII, Texas Constitution, by
the amount an institution receives in that fiscal year from the available
university fund in connection with an obligation issued by or for the
institution when the institution was entitled to participate in funding
from the available university fund. 

(c)  Transfers on January 1, 2000, the money in the higher education fund
created under former Section 17(i), Article VII, Texas Constitution, as
that section existed on January 1, 1999, to the credit of the fund created
under Section 17(a), Article VII, Texas Constitution.  

(d) Provides that proposed revision of the provisions for funding capital
improvements and acquisitions by state colleges and universities, takes
effect January 1, 2000. 

(e)  Provides that this section expires January 1, 2030.

SECTION 4.  Repealer:  Section 11a (Investment of Permanent University
Fund), Article VII, Texas Constitution. 

 SECTION 5.  Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 2, 1999.  Sets
forth the required language for the ballot.