89th Legislature

HJR 5

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HJR 5 proposes a constitutional amendment to establish two dedicated funds for the Texas State Technical College System (TSTC): the Permanent Technical Institution Infrastructure Fund and the Available Workforce Education Fund. These funds are created outside the general revenue fund and are intended to provide a consistent, long-term source of financing for capital improvements and equipment related to educational programs at TSTC campuses.

The Permanent Fund will be managed by the Texas Comptroller and may receive appropriations, gifts, grants, donations, and earnings from investments. Each year, the Comptroller will determine an amount—capped at 5.5% of the fund’s market value over a rolling 10-year period—to be distributed to the Available Fund. This distribution mechanism aims to ensure stability and preserve the purchasing power of the fund over time. The Available Fund, in turn, will be used by the TSTC Board of Regents for capital projects such as land acquisition, building construction, major repairs, equipment purchases (including industrial and instructional technology), and library materials.

Importantly, HJR 5 removes TSTC from eligibility for annual appropriations under Articles VII, Sections 17 and 18 of the Texas Constitution, which govern funding for other public higher education institutions. The amendment includes strict limitations, such as a prohibition on using funds for athletic or auxiliary enterprise facilities, and reaffirms that non-TSTC institutions cannot access these funds. This amendment ensures that TSTC has a specialized funding structure aligned with its mission to train a highly skilled technical workforce independent of the traditional university funding model. If approved by voters, this constitutional amendment would codify a new, self-sustaining infrastructure investment model tailored to the state’s technical education system.

The Committee Substitute for HJR 5 introduces several substantive and structural changes to the originally filed version, though the core objective remains the same: to establish two constitutionally dedicated funds to support the capital needs of the Texas State Technical College System (TSTC). Both versions create the Permanent Technical Institution Infrastructure Fund and the Available Workforce Education Fund, but the substitute refines how these funds interact with other constitutional provisions and clarifies their implementation.

One of the most notable changes is the removal of broad supremacy language in the original version, which stated that the new section would prevail over conflicting constitutional provisions. The Committee Substitute eliminates this clause, likely to prevent legal ambiguity or unintended conflict with other parts of the Texas Constitution. Instead, the substitute reinforces alignment by refining cross-references to existing funding mechanisms in Sections 17 and 18 of Article VII, more clearly separating TSTC’s eligibility from that of other public universities.

The substitute also adjusts the structure of the one-time appropriation of $850 million to the permanent fund by ensuring it is integrated within the state’s existing constitutional spending cap framework (Article VIII, Section 22). This addition enhances fiscal transparency and affirms that the appropriation is treated as constitutionally dedicated. Further, the ballot language in the substitute is slightly refined to improve clarity for voters without altering its substantive meaning.

Finally, minor but important technical revisions appear throughout the substitute version. These include clearer formatting, more precise legal phrasing, and consistent terminology in line with best practices from the Texas Legislative Council Drafting Manual. These refinements contribute to greater legal clarity and ensure the amendment is more operationally sound and consistent with other constitutional provisions. Overall, the Committee Substitute sharpens the original proposal while preserving its central purpose of providing a dedicated and sustainable funding stream for TSTC’s infrastructure and equipment needs.
Author
Stan Lambert
Terry Wilson
Pat Curry
Caroline Harris Davila
David Spiller
Co-Author
Ben Bumgarner
Aicha Davis
Jay Dean
Ryan Guillen
Suleman Lalani
Ray Lopez
J. M. Lozano
John Lujan
Armando Martinez
Eddie Morales
Jared Patterson
Mihaela Plesa
Shelby Slawson
Sponsor
Brian Birdwell
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HJR 5 center primarily on a significant one-time appropriation and a long-term structural change in funding for the Texas State Technical College (TSTC) System. The resolution proposes the creation of two constitutionally dedicated funds: the Permanent Technical Institution Infrastructure Fund and the Available Workforce Education Fund. To seed the Permanent Fund, the amendment would appropriate $850 million from the General Revenue Fund on January 1, 2026. This transfer represents the most substantial immediate fiscal impact, resulting in a projected negative net impact of approximately $850.2 million for the fiscal year 2026.

However, beginning in the fiscal year 2027, the amendment would remove TSTC from eligibility for the Higher Education Fund (HEF), which currently provides constitutionally dedicated capital funding to various public institutions. This change is projected to generate annual cost savings of approximately $8.7 million to the General Revenue Fund, starting in 2027 and continuing into future fiscal years. These savings reflect the reallocation of TSTC’s capital needs from HEF to the newly created dedicated funds.

In terms of fund operations, the Permanent Fund will be managed by the Comptroller of Public Accounts, with annual distributions capped at 5.5% of the fund’s investment assets. These distributions will be transferred to the Available Fund and used by TSTC for capital projects such as land acquisition, facility construction, equipment purchases, and other educational infrastructure needs. The fiscal analysis does not project administrative costs for the Comptroller, and no local government fiscal implications are anticipated.

Overall, while the resolution imposes a substantial upfront cost to the state, it is designed to create a long-term, self-sustaining funding mechanism for TSTC’s infrastructure while removing recurring capital appropriations from the general revenue-funded HEF. This shift may enhance fiscal predictability and investment stability for the technical college system over time.

Vote Recommendation Notes

HJR 5 seeks to address a valid and growing need—long-term capital support for the Texas State Technical College System (TSTC)—by proposing the creation of two constitutionally dedicated funds. These funds would finance land acquisition, construction, equipment, and other infrastructure critical to delivering technical education aligned with workforce demands. The proposal reflects a strong commitment to expanding educational opportunity, enhancing workforce development, and supporting economic self-sufficiency for Texans pursuing skilled trades.

However, the mechanism chosen—constitutionally dedicating funds outside the state’s general revenue and exempting them from the Article VIII, Section 22 spending limit—raises serious concerns regarding the principle of limited government and long-term fiscal accountability. By locking this funding structure into the Texas Constitution, future legislatures would be restricted in their ability to reprioritize spending, evaluate effectiveness, or adjust to economic shifts. This creates an inflexible and less transparent fiscal structure, counter to the conservative budgeting practices that have helped Texas maintain a strong financial position.

The bill’s objectives are commendable and align with liberty principles, such as personal responsibility and free enterprise. However, the use of constitutionally dedicated funds represents a significant overreach that sets a concerning precedent for future off-budget appropriations. Therefore, Texas Policy Research recommends that lawmakers vote NO on HJR 5 unless amended to ensure it is funded through statutory funding mechanisms that remain subject to legislative oversight and the state’s constitutional spending cap. This would allow Texas to invest in its workforce while staying true to the values of transparency, accountability, and limited government.

  • Individual Liberty: The bill indirectly supports individual liberty by investing in infrastructure for technical education, giving Texans more pathways to gain marketable skills and economic independence. It broadens access to career-oriented education for those who may not follow a traditional academic path.
  • Personal Responsibility: By promoting workforce training, the bill encourages individuals to develop skills that lead to gainful employment and self-sufficiency. It supports a policy environment where individuals are equipped to take ownership of their futures.
  • Free Enterprise: The bill creates a constitutionally protected funding mechanism for one specific higher education system—TSTC—at the exclusion of others, including community colleges and emerging workforce partners. This selective treatment distorts the competitive landscape of public education and workforce training. It favors one institution over others, which undermines the principle that innovation and efficiency should thrive in a free and open market for educational services.
  • Private Property Rights: While the bill allows TSTC to acquire land, it does not appear to expand eminent domain powers or override existing property protections. However, without guardrails in implementing legislation, any future use of eminent domain could raise red flags. This should be monitored closely.
  • Limited Government: The bill establishes two constitutionally dedicated funds that are exempt from the Article VIII, Section 22 spending limit. This creates a carve-out from fiscal discipline, allowing long-term expenditures without legislative review. It effectively removes these funds from the normal appropriations process and sets a precedent for off-budget spending, potentially leading to higher taxes or reallocations in the future. These constitutionally protected accounts reduce legislative flexibility and risk entrenching permanent spending commitments without performance oversight.
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