89th Legislature

SJR 59

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SJR 59 proposes a constitutional amendment to establish two new funds dedicated to supporting the Texas State Technical College (TSTC) System: the Permanent Technical Institution Infrastructure Fund and the Available Workforce Education Fund. These funds would be created outside of the general revenue fund and administered by the state comptroller. Their purpose is to provide a consistent, dedicated source of funding for capital needs such as land acquisition, construction, major repairs, and the purchase of technical and instructional equipment for TSTC campuses.

The Permanent Fund would consist of appropriations, donations, investment earnings, and other authorized sources. The Available Fund would receive annual distributions from the Permanent Fund, capped at 5.5% of its fair market value each year, ensuring the stability and long-term sustainability of the funds. Expenditures from the Available Fund would be used without further legislative appropriation, streamlining the investment into critical educational infrastructure. Additionally, the resolution repeals existing constitutional limitations that restrict the TSTC System’s share of constitutionally dedicated higher education funding.

The creation of these funds reflects an effort to strengthen Texas’s technical education capacity, bolster workforce readiness, and align educational infrastructure investment with long-term economic development goals. The resolution would appear on the ballot for voter approval at the next statewide election.

The Committee Substitute for SJR 59 retains the original core purpose of the bill—creating two constitutionally dedicated funds to support capital projects and equipment needs for the Texas State Technical College System—but refines and strengthens the bill’s structure. One of the most significant differences is the addition of a requirement for the comptroller of public accounts to formally adopt a distribution policy. Under the original version, the comptroller would simply determine the amount to distribute each year. The committee substitute now mandates that the comptroller’s policy must aim to provide a stable, predictable distribution stream while preserving the fund’s purchasing power over a rolling 10-year period. This formalization adds greater transparency and financial discipline.

Additionally, the Committee Substitute expands and clarifies the authorized uses of the funds. While the originally filed version already allowed purchases like land, buildings, and equipment, the substitute makes explicit that funds may be used for acquiring virtual reality and augmented reality equipment and heavy industrial equipment, reflecting modern workforce training needs. It also makes slight refinements to the prohibition on using funds for athletic and auxiliary facilities, without changing the substantive effect.

Other changes include technical improvements to ensure precision and consistency with other parts of the Texas Constitution. The committee substitute carefully cross-references Sections 17 and 18 of Article VII to ensure that only the Texas State Technical College System benefits from this funding mechanism, preventing institutions already eligible for other constitutionally dedicated funds from receiving double benefits. Meanwhile, the substantial $850 million appropriation from general revenue to seed the new permanent fund remains unchanged between versions.

In short, the Committee Substitute improves the clarity, fiscal management structure, and constitutional consistency of the original proposal without altering its major intent or financial framework.
Author
Brian Birdwell
Co-Author
Adam Hinojosa
Juan Hinojosa
Sponsor
Stan Lambert
Terry Wilson
Pat Curry
Caroline Harris Davila
David Spiller
Co-Sponsor
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
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implication to the State is anticipated as a direct result of adopting SJR 59, aside from the standard cost associated with publishing the constitutional amendment for voter consideration, which is estimated to be $191,689​. However, while the resolution itself does not appropriate funding, it would create the framework for two new constitutionally dedicated funds — the Permanent Technical Institution Infrastructure Fund and the Available Workforce Education Fund — and thus creates the potential for fiscal impact if and when funds are later appropriated to capitalize the Permanent Fund.

Importantly, the legislation contemplates an initial transfer of $850 million from the General Revenue Fund into the Permanent Fund on January 1, 2026, which would have a significant one-time impact on the state’s budget depending on the availability of funds at that time​. Beyond this initial transfer, ongoing fiscal effects would be relatively contained, as the funds are structured to be self-sustaining through investment earnings, with an annual distribution capped at 5.5% of the fund's average fair market value. This structure is intended to preserve the purchasing power of the fund over time and limit future liabilities.

At the local government level, no fiscal implication is expected. The resolution affects only state-level fiscal operations and does not impose new mandates or costs on local governments.

In summary, while the proposed constitutional amendment itself does not directly incur substantial immediate costs beyond publication, it lays the groundwork for a significant redirection of state financial resources, particularly the anticipated $850 million deposit, toward long-term workforce education infrastructure investments.

Vote Recommendation Notes

SJR 59 proposes the creation of two constitutionally dedicated funds—the Permanent Technical Institution Infrastructure Fund and the Available Workforce Education Fund—to support capital projects and equipment purchases at the Texas State Technical College System (TSTC). While the resolution addresses a valid and important policy goal — enhancing technical education infrastructure to meet Texas’s workforce needs — the method chosen to achieve this goal raises significant concerns regarding fiscal discipline, transparency, and adherence to limited government principles.

By embedding the funding structure directly into the Texas Constitution and placing the funds outside of the general revenue fund and the Article VIII, Section 22 constitutional spending limit, the resolution creates a rigid, protected stream of funding that is largely immune from regular legislative scrutiny. This reduces future legislatures’ flexibility to adjust budget priorities in response to changing economic conditions or evolving educational needs. Such an approach locks a permanent spending commitment into the state’s foundational document without sufficient mechanisms for legislative performance review, accountability, or adaptability.

Moreover, while the resolution strengthens the operational sustainability of TSTC, it selectively favors one higher education system over other community colleges, workforce partners, and emerging technical training providers. This preferential treatment could distort the competitive landscape in public workforce education, which is better served by policies that foster innovation and competition rather than entrenchment through constitutional preference.

Although the goal of ensuring long-term infrastructure investment for technical education aligns with liberty principles such as promoting individual opportunity and personal responsibility, the fiscal and constitutional structure proposed in SJR 59 undermines limited government and fiscal transparency. Therefore, Texas Policy Research recommends that lawmakers vote NO, unless amended as described below. Amendments should be sought to establish a statutory — rather than constitutional — funding framework subject to the normal appropriations process and the state’s constitutional spending cap, thereby preserving accountability and legislative oversight.

  • Individual Liberty: The resolution supports individual liberty by enhancing access to technical education and career training. Investing in infrastructure and equipment for the Texas State Technical College System (TSTC) it creates more opportunities for Texans to acquire marketable skills, achieve economic independence, and pursue careers that suit their talents. Expanded access to technical education respects individuals' rights to chart their own paths toward self-sufficiency and prosperity.
  • Personal Responsibility: The resolution encourages personal responsibility by equipping individuals with the skills necessary for gainful employment in high-demand industries. It provides a pathway for Texans to take ownership of their futures through education and workforce training, thus reducing dependency on government support programs over the long term.
  • Free Enterprise: While the resolution supports the workforce pipeline critical for businesses to thrive, it simultaneously creates a constitutionally protected funding stream exclusively for one public institution—TSTC—at the exclusion of other educational providers (e.g., community colleges, emerging technical training partnerships). By favoring a single system in the Constitution, the bill risks distorting a competitive free market for educational services, which ideally should allow all institutions to compete on the basis of quality, innovation, and efficiency without government favoritism.
  • Private Property Rights: The resolution authorizes TSTC to use funds for land acquisition, construction, and infrastructure improvements, but does not explicitly expand eminent domain powers or weaken existing property rights protections. However, future implementing legislation or practices surrounding land acquisition would need careful monitoring to ensure property rights are fully respected.
  • Limited Government: The resolution undermines the principle of limited government by creating constitutionally dedicated funds outside the traditional legislative appropriations process and exempt from the Article VIII, Section 22 state spending limit. Embedding permanent financial commitments into the Constitution reduces legislative flexibility, bypasses normal budget accountability mechanisms, and increases the risk of long-term government growth. It sets a precedent for carving out other off-budget funds, making state government spending less transparent and less adaptable to changing fiscal priorities.
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