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.

89(R) SJR 59 - Enrolled version - Bill Text

S.J.R. No. 59

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.

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.

(o)

The sum of the amount allocated to the Texas State

Technical College System under Section 17 of this article and the

amount distributed to the system under this section may not exceed:

(1)

for the state fiscal year beginning September 1,

2025, $52 million; and

(2)

for a state fiscal year beginning on or after

September 1, 2026, the amount determined under this subsection for

the preceding state fiscal year adjusted by the increase, if any, in

the rate of inflation during the preceding state fiscal year, as

determined by the comptroller of public accounts on the basis of

changes in the most recent construction cost index published by the

Engineering News-Record or, if that index is unavailable, a

comparable cost index determined by the comptroller.

(p)

If the sum of the amounts described by Subsection (o) of

this section would exceed the limit provided under Subsection (o)

for a state fiscal year:

(1)

the amount allocated to the system under Section

17 of this article shall be reduced until the limit is met or the

amount allocated is reduced to zero; and

(2)

if necessary after the reduction under Subdivision

(1) of this subsection, the amount distributed to the system under

this section shall be reduced until the limit is met or the amount

distributed is reduced to zero.

SECTION 2. Section 17(j), Article VII, Texas Constitution,

is amended to read as follows:

(j) The state systems and institutions of higher education

designated in this section may not receive any additional funds

from the general revenue of the state
, other than money

appropriated under Section 21 of this article,
for acquiring land

with or without permanent improvements, for constructing or

equipping buildings or other permanent improvements, or for major

repair and rehabilitation of buildings or other permanent

improvements except that:

(1) in the case of fire or natural disaster the

legislature may appropriate from the general revenue an amount

sufficient to replace the uninsured loss of any building or other

permanent improvement; and

(2) the legislature, by two-thirds vote of each house,

may, in cases of demonstrated need, which need must be clearly

expressed in the body of the act, appropriate additional general

revenue funds for acquiring land with or without permanent

improvements, for constructing or equipping buildings or other

permanent improvements, or for major repair and rehabilitation of

buildings or other permanent improvements.

This subsection does not apply to legislative appropriations

made prior to the adoption of this amendment.

SECTION 3. Section 18(c), Article VII, Texas Constitution,

is amended to read as follows:

(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 as a part of The University of Texas System

or The Texas A&M University System by general law, and, when

created, such an institution shall be entitled to participate in

the funding provided by this section for the system in which it is

created. An institution that is entitled to participate in

dedicated funding provided by [
Article VII,
] Section 17
or 21
[
,
] of

this
article
[
constitution
] may not be entitled to participate in

the funding provided by this section.

SECTION 4. This proposed constitutional amendment shall be

submitted to the voters at an election to be held November 4, 2025.

The ballot shall be printed to permit voting for or against the

proposition: "The constitutional amendment providing for the

creation of the permanent technical institution infrastructure

fund and the available workforce education fund to support the

capital needs of educational programs offered by the Texas State

Technical College System."

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.J.R. No. 59 was adopted by the Senate

on May 8, 2025, by the following vote: Yeas 29, Nays 2; and that

the Senate concurred in House amendment on May 28, 2025, by the

following vote: Yeas 29, Nays 2.

______________________________

Secretary of the Senate

I hereby certify that S.J.R. No. 59 was adopted by the House,

with amendment, on May 25, 2025, by the following vote: Yeas 110,

Nays 16, three present not voting.

______________________________

Chief Clerk of the House

Received:

______________________________

Date

______________________________

Secretary of State