HJR5 - Proposing a constitutional amendment providing for the creation of funds to support the capital needs of educational programs offered by the Texas State Technical College System and removing that system and its campuses from the annual appropriation of certain constitutionally dedicated funding for public institutions of higher education.

  89R20594 KJE-F     By: Lambert, Wilson, Curry, Harris Davila, H.J.R. No. 5       Spiller, et al.       A JOINT RESOLUTION   proposing a constitutional amendment providing for the creation of   funds to support the capital needs of educational programs offered   by the Texas State Technical College System and removing that   system and its campuses from the annual appropriation of certain   constitutionally dedicated funding for public institutions of   higher education.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article VII, Texas Constitution, is amended by   adding Section 21 to read as follows:           Sec. 21.  (a) In this section:                 (1)     "Available fund" means the available workforce   education fund.                 (2)     "Permanent fund" means the permanent technical   institution infrastructure fund.           (b)     The permanent technical institution infrastructure fund   and the available workforce education fund are established as   special funds in the state treasury outside the general revenue   fund to be administered as provided by this section without further   appropriation for the purpose of providing a dedicated source of   funding for capital projects and equipment purchases related to   educational programs offered by the Texas State Technical College   System.           (c)  The permanent fund consists of:                 (1)     money appropriated, credited, transferred, or   deposited to the credit of the fund by this section or as authorized   by other law;                 (2)     any interest or other earnings attributable to the   investment of money in the fund; and                 (3)  gifts, grants, and donations made to the fund.           (d)  The available fund consists of:                 (1)     money distributed to the fund from the permanent   fund as provided by this section;                 (2)     money appropriated, credited, transferred, or   deposited to the credit of the fund by this section or as authorized   by other law;                 (3)     any interest or other earnings attributable to the   investment of money in the fund; and                 (4)  gifts, grants, and donations made to the fund.           (e)     The comptroller of public accounts or the board of   regents of the Texas State Technical College System may establish   accounts in the available fund as necessary to administer the fund   or pay for projects authorized under this section.           (f)     The comptroller of public accounts shall hold, manage,   and invest the permanent fund.   In managing the assets of the fund,   the comptroller may acquire, exchange, sell, supervise, manage, or   retain any kind of investment that a prudent investor, exercising   reasonable care, skill, and caution, would acquire or retain in   light of the purposes, terms, distribution needs, and other   circumstances of the fund, taking into consideration the investment   of all the assets of the fund rather than a single investment.   The   expenses of managing the investments of the fund shall be paid from   the fund.           (g)     Money may not be appropriated or transferred from the   permanent fund or the available fund except as provided by this   section.           (h)     The comptroller of public accounts shall determine the   amount available for distribution from the permanent fund to the   available fund for each fiscal year in accordance with a   distribution policy adopted by the comptroller. The amount   available for distribution:                 (1)  must be determined in a manner intended to:                       (A)     provide the available fund with a stable and   predictable stream of annual distributions; and                       (B)     preserve over a rolling 10-year period the   purchasing power of the permanent fund; and                 (2)     may not exceed 5.5 percent of the fair market value   of the investment assets of the permanent fund, as determined by the   comptroller.           (i)     For each state fiscal year, on request of the board of   regents of the Texas State Technical College System, the   comptroller of public accounts shall distribute an amount that does   not exceed the amount determined under Subsection (h) of this   section from the permanent fund to the available fund for purposes   of this section.           (j)     The amount distributed from the permanent fund to the   available fund under Subsection (i) of this section is appropriated   to the board of regents of the Texas State Technical College System   for:                 (1)     acquiring land, either with or without permanent   improvements;                 (2)     constructing and equipping buildings or other   permanent improvements;                 (3)     major repair and rehabilitation of buildings and   other permanent improvements;                 (4)     acquiring capital equipment, including   instructional equipment, virtual reality or augmented reality   equipment, heavy industrial equipment, and vehicles;                 (5)     acquiring library books and materials, including   digital or electronic library books and materials;                 (6)     payment of the principal and interest due on the   bonds and notes issued by the respective board of regents to finance   permanent improvements as authorized by other law; and                 (7)  any other purpose authorized by general law.           (k)     Notwithstanding any other provision of this section,   money appropriated from the available fund under this section may   not be used for the purpose of constructing, equipping, repairing,   or rehabilitating buildings or other permanent improvements that   are to be used for intercollegiate athletics or auxiliary   enterprises.           (l)     An institution, other than a component institution of   the Texas State Technical College System, that is entitled to   participate in dedicated funding provided by Section 17 or 18 of   this article may not be entitled to participate in the funding   provided by this section.           (m)     This section does not impair any obligation created by   the issuance of bonds or notes in accordance with prior law,   including bonds or notes issued under Section 17 of this article,   and all outstanding bonds and notes shall be paid in full, both   principal and interest, in accordance with their terms. If this   section conflicts with any other provision of this constitution,   this section prevails.           (n)     Money appropriated under Subsection (j) of this section   that is not spent during the state fiscal year for which the   appropriation is made is retained by the Texas State Technical   College System and may be spent in a subsequent state fiscal year   for a purpose for which the appropriation was made.           (n-1)     On January 1, 2026, the amount of $850 million is   appropriated from the general revenue fund to the comptroller of   public accounts for the purpose of immediate deposit to the credit   of the permanent fund. This subsection expires December 31, 2026.          SECTION 2.  Sections 17(b) and (c), Article VII, Texas   Constitution, are amended to read as follows:          (b)  The funds appropriated under Subsection (a) of this   section shall be for the use of the following eligible agencies and   institutions of higher education (even though their names may be   changed):                (1)  East Texas State University including East Texas   State University at Texarkana;                (2)  Lamar University including Lamar University at   Orange and Lamar University at Port Arthur;                (3)  Midwestern State University;                (4)  University of North Texas;                (5)  The University of Texas--Pan American including   The University of Texas at Brownsville;                (6)  Stephen F. Austin State University;                (7)  Texas College of Osteopathic Medicine;                (8)  Texas State University System Administration and   the following component institutions:                (9)  Sam Houston State University;                (10)  Southwest Texas State University;                (11)  Sul Ross State University including Uvalde Study   Center;                (12)  Texas Southern University;                (13)  Texas Tech University;                (14)  Texas Tech University Health Sciences Center;                (15)  Angelo State University;                (16)  Texas Woman's University;                (17)  University of Houston System Administration and   the following component institutions:                (18)  University of Houston;                (19)  University of Houston--Victoria;                (20)  University of Houston--Clear Lake;                (21)  University of Houston--Downtown;                (22)  Texas A&M University--Corpus Christi;                (23)  Texas A&M International University;                (24)  Texas A&M University--Kingsville; and                (25)  West Texas A&M University[ ; and                [ (26)     Texas State Technical College System and its   campuses, but not its extension centers or programs ].          (c)  Pursuant to a two-thirds vote of the membership of each   house of the legislature, institutions of higher education may be   created at a later date by general law, and, when created, such an   institution shall be entitled to participate in the funding   provided by this section if it is not created as a part of The   University of Texas System or The Texas A&M University System.  An   institution that i [Text truncated for display. 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