H.B. 3526 78(R)    BILL ANALYSIS


H.B. 3526
By: Hamric
Higher Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Recognizing the need for Texas to develop and support more nationally
competitive public research universities, the 77th Legislature established
two special funds for institutions of higher education that do not receive
excellence funding from the Permanent University Fund.  The Texas
Excellence Fund (supporting universities in the Higher Education Fund
(HEF)) and the University Research Fund (supporting universities in the
Permanent University Fund (PUF)) allocate equal amounts of money under two
separate methodologies.  In the current biennium, each fund is
appropriated $33.8 million.  Having two separate funds creates a disparity
in the way the funds are allocated:  HEF institutional enrollments are
three times greater than PUF institutions, which means that PUF schools
receive three times more funding per student ($396.00 vs. $138.00).
Moreover, HEF schools earn twice as much competitive research funding, yet
PUF schools receive funding equivalent to an average of nearly 70 percent
of their research compared to only 40 percent for HEF schools.  Schools
generating relatively little or no external research funding receive a
minimum $500,000.00 in the PUF-related fund; yet, some schools in the
HEF-related fund receive no funding.  Under current law, these funds are
scheduled to sunset on August 31, 2005. 

House Bill 3526 abolishes two separate funds established by the 77th
Legislature and creates a single fund with a single distribution
methodology; and, HB 3526 provides for a transition period to limit
drastic reallocations.  Allocations for 2004-2005 biennium will not be
affected by this legislation. 

RULEMAKING AUTHORITY

While the bill requires the coordinating board to prescribe standards and
accounting methods to determine the amount of restricted research funds
expended by institutions, it is the committee's opinion that this bill
does not expressly grant any additional rulemaking authority to a state
officer, department, agency, or institution. 


ANALYSIS

HB 3526 amends Chapter 62, Education Code, to combine the Higher Education
Fund and the University Research Fund, and renames the combined fund the
Research Development Fund. The bill provides that the fund is established
to promote increased research capacity at eligible institutions of higher
education, and that the fund is to be administered by the comptroller.
The bill provides for appropriation to the fund and authorizes gifts and
grants to the fund.  The bill provides for the apportionment of the fund
based on average amount of restricted research funds expended by each
institution per year for the three preceding fiscal years.  The bill
provides for partial hold harmless funding for the transition period,
fiscal year 2006-2007.  HB 3526 requires the coordinating board to
prescribe standards and accounting methods for determining the amount of
expended external research funds by universities; requires the board to
provide the comptroller with verified information on the expenditure of
such funds; and authorizes the board to audit appropriate records for
compliance. 

HB 3526 provides that the research development funds may be expended only
for the support and maintenance of educational and general activities,
including research and student services, that promote increased research
capacity at the institution. The bill provides that unexpended balances
may be carried forward to the next fiscal year. 

 HB 3526 requires that institutions receiving money from this fund shall
prepare an annual report describing how the funds are expended. The bill
provides for the distribution of the report. 

HB 3526 provides that the first distribution of the research development
fund shall be made in the fiscal year beginning September 1, 2005;
provides for the transfer of funds from the Texas Excellence Fund and the
University Research Fund to the research development fund on that date. 



EFFECTIVE DATE

This Act takes effect September 1, 2003.