H.J.R. No. 14
 
 
 
A JOINT RESOLUTION
  proposing constitutional amendments limiting the public taking of
  private property, establishing the national research university
  fund to fund emerging research universities, and eliminating the
  higher education fund.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.
         SECTION 1.01.  Section 17, Article I, Texas Constitution, is
  amended to read as follows:
         Sec. 17.  (a) No person's property shall be taken, damaged,
  or destroyed for or applied to public use without adequate
  compensation being made, unless by the consent of such person, and
  only if the taking, damage, or destruction is for:
               (1)  the ownership, use, and enjoyment of the property,
  notwithstanding an incidental use, by:
                     (A)  the State, a political subdivision of the
  State, or the public at large; or
                     (B)  an entity granted the power of eminent domain
  under law; or
               (2)  the elimination of urban blight on a particular
  parcel of property.
         (b)  In this section, "public use" does not include the
  taking of property under Subsection (a) of this section for
  transfer to a private entity for the primary purpose of economic
  development or enhancement of tax revenues.
         (c)  On or after January 1, 2010, the legislature may enact a
  general, local, or special law granting the power of eminent domain
  to an entity only on a two-thirds vote of all the members elected to
  each house.
         (d)  When a person's property is taken under Subsection (a)
  of this section [; and, when taken], except for the use of the
  State, [such] compensation as described by Subsection (a) shall be
  first made, or secured by a deposit of money; and no irrevocable or
  uncontrollable grant of special privileges or immunities[,] shall
  be made; but all privileges and franchises granted by the
  Legislature, or created under its authority, shall be subject to
  the control thereof.
         SECTION 1.02.  The constitutional amendment proposed in this
  article shall be submitted to the voters at an election to be held
  November 3, 2009. The ballot shall be printed to permit voting for
  or against the proposition: "The constitutional amendment to
  prohibit the taking, damaging, or destroying of private property
  for public use unless the action is for the ownership, use, and
  enjoyment of the property by the State, a political subdivision of
  the State, the public at large, or entities granted the power of
  eminent domain under law or for the elimination of urban blight on a
  particular parcel of property, but not for certain economic
  development or enhancement of tax revenue purposes, and to limit
  the legislature's authority to grant the power of eminent domain to
  an entity."
  ARTICLE 2.
         SECTION 2.01.  Article VII, Texas Constitution, is amended
  by adding Section 20 to read as follows:
         Sec. 20.  (a)  There is established the national research
  university fund for the purpose of providing a dedicated,
  independent, and equitable source of funding to enable emerging
  research universities in this state to achieve national prominence
  as major research universities.
         (b)  The fund consists of money transferred or deposited to
  the credit of the fund and any interest or other return on the
  investment assets of the fund. The legislature may dedicate state
  revenue to the credit of the fund.
         (c)  The legislature shall provide for administration of the
  fund, which shall be invested in the manner and according to the
  standards provided for investment of the permanent university fund.
  The expenses of managing the investments of the fund shall be paid
  from the fund.
         (d)  In each state fiscal biennium, the legislature may
  appropriate as provided by Subsection (f) of this section all or a
  portion of the total return on all investment assets of the fund to
  carry out the purposes for which the fund is established.
         (e)  The legislature biennially shall allocate the amounts
  appropriated under this section, or shall provide for a biennial
  allocation of those amounts, to eligible state universities to
  carry out the purposes of the fund. The money shall be allocated
  based on an equitable formula established by the legislature or an
  agency designated by the legislature. The legislature shall review
  and as appropriate adjust, or provide for a review and adjustment,
  of the allocation formula at the end of each state fiscal biennium.
         (f)  The portion of the total return on investment assets of
  the fund that is available for appropriation in a state fiscal
  biennium under this section is the portion determined by the
  legislature, or an agency designated by the legislature, as
  necessary to provide as nearly as practicable a stable and
  predictable stream of annual distributions to eligible state
  universities and to maintain over time the purchasing power of fund
  investment assets.  If the purchasing power of fund investment
  assets for any rolling 10-year period is not preserved, the
  distributions may not be increased until the purchasing power of
  the fund investment assets is restored.  The amount appropriated
  from the fund in any fiscal year may not exceed an amount equal to
  seven percent of the average net fair market value of the investment
  assets of the fund, as determined by law.  Until the fund has been
  invested for a period of time sufficient to determine the
  purchasing power over a 10-year period, the legislature may provide
  by law for means of preserving the purchasing power of the fund.
         (g)  The legislature shall establish criteria by which a
  state university may become eligible to receive a portion of the
  distributions from the fund. A state university that becomes
  eligible to receive a portion of the distributions from the fund in
  a state fiscal biennium remains eligible to receive additional
  distributions from the fund in any subsequent state fiscal
  biennium. The University of Texas at Austin and Texas A&M
  University are not eligible to receive money from the fund.
         (h)  An eligible state university may use distributions from
  the fund only for the support and maintenance of educational and
  general activities that promote increased research capacity at the
  university.
         SECTION 2.02.  Subsection (i), Section 17, Article VII,
  Texas Constitution, is repealed.
         SECTION 2.03.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION.  (a)  This temporary provision applies
  to the constitutional amendment proposed by the 81st Legislature,
  Regular Session, 2009, establishing the national research
  university fund to enable emerging research universities in this
  state to achieve national prominence as major research universities
  and transferring the balance of the higher education fund to the
  national research university fund.
         (b)  The amendment to add Section 20 to Article VII of this
  constitution and to repeal Section 17(i), Article VII, of this
  constitution takes effect January 1, 2010.
         (c)  On January 1, 2010, any amount in or payable to the
  credit of the higher education fund established by Section 17(i),
  Article VII, Texas Constitution, shall be transferred to the credit
  of the national research university fund.
         (d)  This temporary provision expires January 1, 2011.
         SECTION 2.04.  The constitutional amendment proposed by this
  Article shall be submitted to the voters at an election to be held
  November 3, 2009. The ballot shall be printed to permit voting for
  or against the proposition: "The constitutional amendment
  establishing the national research university fund to enable
  emerging research universities in this state to achieve national
  prominence as major research universities and transferring the
  balance of the higher education fund to the national research
  university fund."
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.J.R. No. 14 was passed by the House on May
  11, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.J.R. No. 14 on May 29, 2009, by a non-record vote, and requested
  the appointment of a conference committee to consider the
  differences between the two houses; and that the House adopted the
  conference committee report on H.J.R. No. 14 on May 31, 2009, by the
  following vote:  Yeas 146, Nays 0, 1 present, not voting; and that
  the House adopted H.C.R. No. 285 authorizing certain corrections in
  H.J.R. No. 14 on June 1, 2009, by the following vote:  Yeas 143,
  Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.J.R. No. 14 was passed by the Senate, with
  amendments, on May 25, 2009, by the following vote:  Yeas 30, Nays
  1; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.J.R.
  No. 14 on May 31, 2009, by the following vote:  Yeas 31, Nays 0; and
  that the Senate adopted H.C.R. No. 285 authorizing certain
  corrections in H.J.R. No. 14 on June 1, 2009, by the following
  vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  RECEIVED: __________________
                  Date       
   
           __________________
           Secretary of State