HBA-NLM H.B. 1945 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1945
By: Junell
Appropriations
3/10/1999
Introduced



BACKGROUND AND PURPOSE 

On March 28, 1996, the attorney general filed suit against the tobacco
industry on behalf of the State of Texas which resulted in a settlement
agreement in which the industry agreed to pay the state $15 billion over
the next 25 years.  Subsequent to the settlement, several legal challenges
were filed, including one to ensure the deposit of the settlement proceeds
into the state treasury and to preserve the authority of the legislature to
appropriate the funds, and one to ensure the allocation of some of the
proceeds to counties and hospital districts with indigent care
responsibilities. 

On February 3, 1998, an agreement was reached between the attorney general
and Representative Robert Junell and Senator Bill Ratliff to deposit the
proceeds into the treasury for appropriation by the legislature. On July
24, 1998, an agreement was reached between the attorney general and certain
counties and hospital districts to preserve the entire amount of the
original $15 billion for the benefit of the State of Texas.  Under this
agreement, the parties also agreed that the additional payments of $2.275
billion received under the "Most Favored Nation" provision of the
settlement agreement would be used for the benefit of counties and hospital
districts.  The purpose of H.B. 1945, along with  H.B. 1161, and H.B.1676
is to provide for the implementation of these two agreements. 

H.B. 1945 creates a permanent health fund for higher education and sets
forth a formula for distributing the funds to certain health-related
institutions of higher education.  In addition, separate endowment funds
are created for these institutions. 

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.  Amends Subtitle B, Title 3, Education Code, by adding Chapter
63, as follows: 

CHAPTER 63.  TRUST FUNDS FOR HEALTH-RELATED INSITIUTIONS
OF HIGHER EDUCATION

SUBCHAPTER A.  PERMANENT HEALTH FUND FOR HIGHER EDUCATION

Sec. 63.001. PERMANENT HEALTH FUND FOR HIGHER EDUCATION.  Provides that the
permanent health fund for higher education is a separate fund outside the
treasury and within the restricted funds accounts of the board of regents
of the University of Texas System (board).  Authorizes the fund to be
expended without appropriation by the board for the benefit of beneficiary
institutions under this subchapter.  Provides that the fund is composed of
money deposited or transferred to the fund by appropriation or under other
law, gifts and grants contributed to the fund, and earnings of the fund. 

Sec. 63.002. ADMINISTRATION AND USE OF FUND. (a) Requires the board to
administer the fund.  Authorizes the board to manage and invest the money
in the fund in the same manner as investments of permanent endowments or
the permanent university fund. 

 (b)  Prohibits the use of the money in the fund for any purpose except as
provided by Subsections (c) and (d).   

(c) Authorizes the use of earnings of the fund only for programs that
benefit medical research, health education, or treatment programs at
certain public health-related institutions of higher education described by
this subsection. 

(d)  Authorizes the governing board of any public health-related
institution of higher education entitled to receive money under this
subchapter to solicit and accept gifts and grants to the fund.  Requires a
gift or grant to the fund to be distributed and be used in the same manner
as the earnings of the fund, subject to the discretion of the donor or
granting entity. 

Sec. 63.003.  DISTRIBUTION OF EARNINGS. Requires the earnings of the fund
to be distributed to the public health-related institutions of higher
education set forth in Section 63.002(c), Education Code, as follows: 

(1) requires that 60 percent of the earnings be distributed in equal
amounts to each institution; and 

(2)  requires the remaining earnings to be distributed in equal amounts
according to the conditions set forth in this section for each of the
following categories: 

_instructional expenditures
_research expenditures; and 
_unsponsored charity care.

Requires the earnings of the fund to be distributed quarterly by the board
to each public health-related institution of higher education.   

SUBCHAPTER B.  ENDOWMENT FUNDS FOR HEALTH-RELATED INSTITUTIONS

Sec. 63.101.  CREATION OF FUNDS.  Establishes a separate permanent
endowment trust fund with the comptroller for the benefit of certain
institutions of higher education described by this section. Provides that
the fund is composed of  money deposited or transferred to the fund by
appropriation or under other law, gifts and grants contributed to the fund,
and earnings of the fund. 

Sec. 63.102.  ADMINISTRATION AND USE OF FUNDS.   (a) Authorizes the
governing board of each institution or components for which a fund is
established under this subchapter to administer that fund as trustee for
the institution or components in the same manner as the permanent
university fund under Chapter 66 (Permanent University Fund), Education
Code, and under Sections 11 (Permanent University Fund; Investment;
Alternate Sections of Railroad Grant), 11a (Investment of Permanent
University Fund), and 11b (Permanent University Fund; Authorized
Investments), Article VII, Texas Constitution.  

(b) Prohibits the use of the money in the fund for any purpose except as
provided by Subsections (c) and (d).  

(c) Authorizes the earnings of each fund to be expended without
appropriation by the governing board that administers the fund only for
research and other programs that are conducted by the institution or
components for which the fund is established and that benefit the public
health. Authorizes the earnings of the fund established for certain
universities to be used according to the provisions set forth in this
section.  

(d) Authorizes the governing board of each institution or component to
solicit and accept gifts and grants to the institution or component's fund.
Authorizes a gift or grant to the fund to be expended  and to be used
according to the provisions of this section and subject to the discretion
of the donor or granting entity.  
 (e) Provides that Sections 403.095 (Use of Dedicated Revenue) and 404.071
(Disposition of Interest on Investments), Government Code, do not apply to
a fund established under this subchapter. 

SECTION 2.  Amends Section 61.092, Education Code, as follows:

Sec. 61.092.  CONTRACTS WITH BAYLOR COLLEGE OF MEDICINE.  Authorizes funds
received by Baylor College of Medicine under Subchapter A, Chapter 63, to
be used only to support programs of the college used for the purposes
described by this section. Makes nonsubstantive changes. 

SECTION 3.  (a)  Requires the comptroller, on the effective date of this
Act, to transfer $400 million  from the general revenue fund to the
permanent health fund for higher education established by Subchapter A,
Chapter 63, Education Code, as added by this Act. 

(b)  Requires the comptroller, on the effective date of this Act, to
transfer from the general revenue fund certain amounts to the separate
endowment fund established by Subchapter B, Chapter 63, Education Code, as
added by this Act, to certain institutions of higher education or
components of an institution of higher education as described by this
subsection. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.