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AN ACT
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relating to measures to enhance and maintain the quality of state |
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universities, including funding and incentives to support emerging |
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public research universities, to the abolition of the higher |
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education fund, to the institutional groupings under the Texas |
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Higher Education Coordinating Board's accountability system, to |
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the independent status of Lamar Institute of Technology, to |
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research conducted by public universities and other state entities, |
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and to the authorization of revenue bonds for certain institutions |
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of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 51, Education Code, is |
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amended by adding Section 51.358 to read as follows: |
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Sec. 51.358. LONG-TERM STRATEGIC PLAN FOR RESEARCH |
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UNIVERSITY OR EMERGING RESEARCH UNIVERSITY. (a) The governing |
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board of each institution of higher education designated as a |
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research university or emerging research university under the Texas |
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Higher Education Coordinating Board's accountability system shall |
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submit to the coordinating board, in the form and manner prescribed |
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by the coordinating board, a detailed, long-term strategic plan |
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documenting the strategy by which the institution intends to |
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achieve recognition as a research university, or enhance the |
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university's reputation as a research university, as applicable. |
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(b) The Texas Higher Education Coordinating Board shall |
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adopt rules for the administration of this section. |
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SECTION 2. Subchapter B, Chapter 55, Education Code, is |
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amended by adding Sections 55.1771 and 55.17721 to read as follows: |
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Sec. 55.1771. TEXAS A&M UNIVERSITY AT GALVESTON. (a) In |
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addition to the other authority granted by this subchapter and |
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subject to the other provisions of this section, the board of |
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regents of The Texas A&M University System may acquire, purchase, |
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construct, improve, renovate, enlarge, or equip property, |
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buildings, structures, facilities, roads, or related |
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infrastructure for Texas A&M University at Galveston for an erosion |
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control breakwater, a dock, or any other related purpose reasonably |
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necessary to assist the institution to recover from any damage or |
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other impact caused by Hurricane Ike, to be financed by the issuance |
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of bonds in accordance with this subchapter, including bonds issued |
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in accordance with a systemwide revenue financing program and |
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secured as provided by that program, in an aggregate principal |
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amount not to exceed $5 million. |
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(b) The board of regents may pledge irrevocably to the |
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payment of the bonds authorized by this section all or any part of |
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the revenue funds of an institution, branch, or entity of The Texas |
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A&M University System, including student tuition charges. The |
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amount of a pledge made under this subsection may not be reduced or |
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abrogated while the bonds for which the pledge is made, or bonds |
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issued to refund those bonds, are outstanding. |
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(c) If sufficient funds are not available to the board of |
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regents to meet its obligations under this section, the board may |
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transfer funds among institutions, branches, and entities of The |
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Texas A&M University System to ensure the most equitable and |
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efficient allocation of available resources for each institution, |
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branch, or entity to carry out its duties and purposes. |
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Sec. 55.17721. THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT |
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GALVESTON. (a) In addition to the other authority granted by this |
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subchapter and subject to the other provisions of this section, the |
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board of regents of The University of Texas System may acquire, |
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purchase, construct, improve, renovate, enlarge, or equip |
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property, buildings, structures, facilities, roads, or related |
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infrastructure for The University of Texas Medical Branch at |
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Galveston for any purpose reasonably necessary to assist the |
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institution to recover from any damage or other impact caused by |
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Hurricane Ike, to be financed by the issuance of bonds in accordance |
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with this subchapter, including bonds issued in accordance with a |
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systemwide revenue financing program and secured as provided by |
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that program, in an aggregate principal amount not to exceed $150 |
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million. |
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(b) The board may pledge irrevocably to the payment of the |
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bonds authorized by this section all or any part of the revenue |
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funds of an institution, branch, or entity of The University of |
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Texas System, including student tuition charges. The amount of a |
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pledge made under this subsection may not be reduced or abrogated |
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while the bonds for which the pledge is made, or bonds issued to |
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refund those bonds, are outstanding. |
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(c) If sufficient funds are not available to the board to |
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meet its obligations under this section, the board may transfer |
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funds among institutions, branches, and entities of The University |
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of Texas System to ensure the most equitable and efficient |
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allocation of available resources for each institution, branch, or |
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entity to carry out its duties and purposes. |
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(d) Any transfer of funds to the board pursuant to an |
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appropriation of state funds to the board or The University of Texas |
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Medical Branch at Galveston for the purpose of reimbursing the |
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board for all or part of the debt service on bonds issued under this |
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section is subject to the prior approval of the Legislative Budget |
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Board. In determining whether to approve a transfer of state funds |
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for that purpose, the Legislative Budget Board shall consider: |
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(1) whether the commissioners court of the county in |
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which the medical branch is located has entered into an agreement |
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with the board under which the county agrees to reimburse the board |
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for all or part of any otherwise unreimbursed costs incurred by the |
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medical branch to provide health care services to individuals who |
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are residents of the county and whose net family income is not more |
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than 100 percent of the federal poverty level; or |
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(2) whether the county in which the medical branch is |
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located or a hospital district that includes that county imposes an |
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ad valorem tax for health care purposes. |
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(e) For purposes of Subsection (d), the county of residence |
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of an individual is determined in the same manner as provided by |
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Chapter 61, Health and Safety Code. |
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SECTION 3. Section 61.0572(e), Education Code, is amended |
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to read as follows: |
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(e) Approval of the board is not required to acquire real |
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property that is financed by bonds issued under Section 55.17(e)(3) |
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or (4), 55.1713-55.1718, 55.1721-55.1728, 55.1735(a)(1), 55.174, |
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55.1742, 55.1743, 55.1744, 55.1751-55.17592, [or] 55.1768, |
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55.1771, or 55.17721, except that the board shall review all real |
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property to be financed by bonds issued under those sections to |
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determine whether the property meets the standards adopted by the |
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board for cost, efficiency, and space use. If the property does not |
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meet those standards, the board shall notify the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the Legislative Budget Board. |
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SECTION 4. Section 61.058(b), Education Code, is amended to |
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read as follows: |
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(b) This section does not apply to construction, repair, or |
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rehabilitation financed by bonds issued under Section 55.17(e)(3) |
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or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174, 55.1742, |
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55.1743, 55.1744, 55.1751-55.17592, [or] 55.1768, 55.1771, or |
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55.17721, except that the board shall review all construction, |
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repair, or rehabilitation to be financed by bonds issued under |
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those sections to determine whether the construction, |
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rehabilitation, or repair meets the standards adopted by board rule |
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for cost, efficiency, and space use. If the construction, |
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rehabilitation, or repair does not meet those standards, the board |
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shall notify the governor, the lieutenant governor, the speaker of |
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the house of representatives, and the Legislative Budget Board. |
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SECTION 5. Section 61.059, Education Code, is amended by |
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adding Subsection (o) to read as follows: |
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(o) In addition to the other funding recommendations |
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required by this section, biennially the board shall determine the |
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amount that the board considers appropriate for purposes of |
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providing funding under Section 61.0596 in the following state |
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fiscal biennium to carry out the purposes of that section and shall |
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make recommendations to the governor and the Legislative Budget |
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Board for funding those programs in that biennium. To the extent |
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the board considers appropriate, the board may include in the |
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formulas established under this section the funding to be provided |
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under Section 61.0596. |
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SECTION 6. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.0596 to read as follows: |
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Sec. 61.0596. UNIVERSITY FUNDING FOR EXCELLENCE IN SPECIFIC |
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PROGRAMS AND FIELDS; INCENTIVE GRANTS. (a) The board shall |
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administer this section to encourage and assist general academic |
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teaching institutions, other than public state colleges, that are |
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not research universities or emerging research universities |
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according to the institutional groupings under the board's higher |
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education accountability system to develop and maintain specific |
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programs or fields of study of the highest national rank or |
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recognition for that type of program or field. |
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(b) To assist the institution in achieving the highest |
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national rank or recognition for the applicable degree program and |
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from money available for the purpose, the board shall award |
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incentive grants to general academic teaching institutions |
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described by Subsection (a) that the board considers to have |
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demonstrated the greatest commitment to success in developing or |
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improving, consistent with the mission of the institution, the |
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quality of an existing degree program designated by the |
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institution. An institution must use a grant under this subsection |
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for faculty recruitment or other faculty support with respect to |
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the designated degree program for which the grant is awarded, |
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including establishment of endowed faculty positions or |
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enhancement of faculty compensation as considered appropriate by |
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the institution. |
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(c) An institution may designate only one degree program at |
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a time for consideration for new funding under Subsection (b). The |
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institution may change its designation with the consent of the |
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board. If the board determines that an institution has met all the |
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applicable benchmarks for the institution's designated program, |
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the institution may designate another degree program for |
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consideration for new funding under Subsection (b). |
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(d) The board shall establish a series of benchmarks |
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applicable to each degree program designated by an institution |
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under this section. The institution becomes eligible for funding |
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under Subsection (b) for each benchmark the board determines that |
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the institution has met. The board shall establish the amount of |
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funding for each benchmark met in a manner that provides an |
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effective incentive to assist the institution to continue its |
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efforts to meet the remaining benchmarks for its designated |
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program. |
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(e) Unless the board determines that a different number of |
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benchmarks is appropriate, the board shall establish three |
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benchmarks for each designated degree program. The board shall |
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identify one or more persons who have relevant expertise and do not |
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reside in this state to assist the board in establishing the |
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benchmarks and associated funding levels for each type of degree |
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program designated by an institution under this section. |
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(f) An institution that designates a degree program to |
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receive funding under Subsection (b) shall reimburse the board for |
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the costs incurred by the board in administering this section with |
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respect to the institution's designated program. |
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(g) In addition to supporting the programs designated by |
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institutions for consideration to receive incentive grants under |
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Subsection (b), from money available for the purpose, the board |
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shall provide additional money as the board determines appropriate |
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to assist the institutions described by Subsection (a) in |
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maintaining the excellence of programs or fields of study that have |
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achieved the highest national ranking or recognition for that type |
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of program or field. |
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(h) The legislature may not appropriate money for grants or |
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other financial assistance to general academic teaching |
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institutions under this section before the board certifies that one |
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or more institutions have met at least one of the benchmarks |
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established by the board for the institutions' designated degree |
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programs under Subsection (d). |
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SECTION 7. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.0904 to read as follows: |
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Sec. 61.0904. REVIEW OF INSTITUTIONAL GROUPINGS. At least |
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once every 10 years, the board shall conduct a review of the |
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institutional groupings under the board's accountability system, |
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including a review of the criteria for and definitions assigned to |
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those groupings. |
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SECTION 8. The heading to Chapter 62, Education Code, is |
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amended to read as follows: |
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CHAPTER 62. CONSTITUTIONAL AND STATUTORY [DIVISION OF
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CONSTITUTIONALLY APPROPRIATED] FUNDS TO SUPPORT [AMONG CERTAIN] |
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INSTITUTIONS OF HIGHER EDUCATION[; RESEARCH DEVELOPMENT FUND] |
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SECTION 9. Section 62.003(1), Education Code, is amended to |
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read as follows: |
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(1) Except as otherwise provided by Subchapters C, D, |
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F, and G, "eligible ["Eligible] institution" means the eligible |
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agencies and institutions of higher education listed in Article |
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VII, Section 17(b), of the Constitution of Texas, and any |
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institution or agency of higher education that is later made |
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eligible to participate in the disbursement of funds pursuant to |
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Article VII, Section 17(c), of the Constitution of Texas. |
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SECTION 10. Section 62.021, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), (e), |
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and (f) to read as follows: |
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(a) In each state fiscal year beginning with the state |
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fiscal year ending August 31, 2011 [2008], an eligible institution |
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is entitled to receive an amount allocated in accordance with this |
|
section from the funds appropriated for that year by Section 17(a), |
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Article VII, Texas Constitution. The comptroller shall distribute |
|
funds allocated under this subsection only on presentation of a |
|
claim and issuance of a warrant in accordance with Section 403.071, |
|
Government Code. An eligible institution may not present a claim to |
|
be paid [The comptroller may not issue a warrant] from any funds |
|
allocated under this subsection before the delivery of goods or |
|
services described in Section 17, Article VII, Texas Constitution, |
|
except for the payment of principal or interest on bonds or notes or |
|
for a payment for a book or other published library material as |
|
authorized by Section 2155.386, Government Code. The allocation of |
|
funds under this subsection is made in accordance with an equitable |
|
formula consisting of the following elements: space deficit, |
|
facilities condition, institutional complexity, and a separate |
|
allocation for the Texas State Technical College System. The |
|
annual amounts allocated by the formula are as follows: |
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(1) $3,559,433 [$3,434,348] to Midwestern State |
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University; |
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(2) $27,846,476 [$26,137,233] to the University of |
|
North Texas; |
|
(3) $8,771,265 [$8,139,391] to the University of North |
|
Texas Health Science Center at Fort Worth; |
|
(4) $12,311,123 [$12,882,348] to The University of |
|
Texas--Pan American; |
|
(5) $5,057,420 [$4,186,790] to The University of Texas |
|
at Brownsville; |
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(6) $8,425,937 [$7,025,771] to Stephen F. Austin State |
|
University; |
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(7) to the following component institutions of the |
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Texas State University System: |
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(A) $8,330,933 [$11,210,508] to Lamar |
|
University; |
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(B) $2,332,463 to the Lamar Institute of |
|
Technology; |
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(C) $1,235,752 [$1,115,048] to Lamar State |
|
College--Orange; |
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(D) $1,244,694 [(C) $1,190,119] to Lamar State |
|
College--Port Arthur; |
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(E) $11,893,110 [(D) $9,916,306] to Sam Houston |
|
State University; |
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(F) $21,863,258 [(E) $19,799,276] to Texas |
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State University--San Marcos; |
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(G) $1,625,061 [(F) $2,043,772] to Sul Ross |
|
State University; and |
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(H) $445,380 [(G) $379,831] to Sul Ross State |
|
University-Rio Grande College; |
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(8) $8,894,700 [$11,156,463] to Texas Southern |
|
University; |
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(9) to the following component institutions of the |
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Texas Tech University System: |
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(A) $23,936,088 [$26,829,477] to Texas Tech |
|
University; |
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(B) $16,973,569 [$17,849,441] to Texas Tech |
|
University Health Sciences Center; and |
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(C) $3,743,027 [$3,585,802] to Angelo State |
|
University; |
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(10) $10,169,695 [$8,424,209] to Texas Woman's |
|
University; |
|
(11) to the following component institutions of the |
|
University of Houston System: |
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(A) $35,885,768 [$35,276,140] to the University |
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of Houston; |
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(B) $2,393,921 [$2,282,883] to the University of |
|
Houston--Victoria; |
|
(C) $5,214,167 [$6,001,337] to the University of |
|
Houston--Clear Lake; and |
|
(D) $7,435,238 [$9,628,151] to the University of |
|
Houston--Downtown; |
|
(12) to the following component institutions of The |
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Texas A&M University System: |
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(A) $7,139,067 [$8,278,993] to Texas A&M |
|
University--Corpus Christi; |
|
(B) $3,796,436 [$3,130,211] to Texas A&M |
|
International University; |
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(C) $5,046,885 [$5,052,232] to Texas A&M |
|
University--Kingsville; |
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(D) $4,652,995 [$4,776,890] to West Texas A&M |
|
University; |
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(E) $5,193,232 [$5,345,678] to Texas A&M |
|
University--Commerce; and |
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(F) $1,307,907 [$1,646,352] to Texas A&M |
|
University--Texarkana; and |
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(13) $5,775,000 to the Texas State Technical College |
|
System Administration and the following component campuses, but not |
|
its extension centers or programs: |
|
(A) Texas State Technical College-Harlingen; |
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(B) Texas State Technical College--Marshall; |
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(C) Texas State Technical College--West Texas; |
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and |
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(D) Texas State Technical College--Waco. |
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(a-1) This subsection applies only to the state fiscal years |
|
ending August 31, 2009, and August 31, 2010, and is intended as a |
|
correction necessary to ensure an equitable distribution of the |
|
funds appropriated by Section 17(a), Article VII, Texas |
|
Constitution, for the five-year period ending August 31, 2010, in |
|
accordance with the equitable formula prescribed by Section 17(d), |
|
Article VII, Texas Constitution. In each state fiscal year to which |
|
this subsection applies, an eligible institution is entitled to |
|
receive an amount allocated in accordance with this subsection from |
|
the funds appropriated for each of those years by Section 17(a), |
|
Article VII, Texas Constitution. The comptroller shall distribute |
|
funds allocated under this subsection only on presentation of a |
|
claim and issuance of a warrant in accordance with Section 403.071, |
|
Government Code. An eligible institution may not present a claim to |
|
be paid from any funds allocated under this subsection before the |
|
delivery of goods or services described in Section 17, Article VII, |
|
Texas Constitution, except for the payment of principal or interest |
|
on bonds or notes or for a payment for a book or other published |
|
library material as authorized by Section 2155.386, Government |
|
Code. The allocation of funds under this subsection is made in |
|
accordance with an equitable formula consisting of the following |
|
elements: space deficit, facilities condition, institutional |
|
complexity, and a separate allocation for the Texas State Technical |
|
College System. The annual amounts allocated by the formula are as |
|
follows: |
|
(1) $3,810,377 to Midwestern State University; |
|
(2) $27,122,687 to the University of North Texas; |
|
(3) $7,994,676 to the University of North Texas Health |
|
Science Center at Fort Worth; |
|
(4) $13,176,800 to The University of Texas--Pan |
|
American; |
|
(5) $4,284,677 to The University of Texas at |
|
Brownsville; |
|
(6) $6,907,643 to Stephen F. Austin State University; |
|
(7) to the following component institutions of the |
|
Texas State University System: |
|
(A) $8,028,333 to Lamar University; |
|
(B) $1,825,332 to the Lamar Institute of |
|
Technology; |
|
(C) $1,140,745 to Lamar State College--Orange; |
|
(D) $1,217,124 to Lamar State College--Port |
|
Arthur; |
|
(E) $10,184,001 to Sam Houston State University; |
|
(F) $20,258,248 to Texas State University--San |
|
Marcos; |
|
(G) $2,090,896 to Sul Ross State University; and |
|
(H) $388,203 to Sul Ross State University-Rio |
|
Grande College; |
|
(8) $11,283,387 to Texas Southern University; |
|
(9) to the following component institutions of the |
|
Texas Tech University System: |
|
(A) $27,446,656 to Texas Tech University; |
|
(B) $14,854,762 to Texas Tech University Health |
|
Sciences Center; and |
|
(C) $3,667,497 to Angelo State University; |
|
(10) $8,615,167 to Texas Woman's University; |
|
(11) to the following component institutions of the |
|
University of Houston System: |
|
(A) $36,091,538 to the University of Houston; |
|
(B) $2,335,692 to the University of |
|
Houston--Victoria; |
|
(C) $5,355,874 to the University of |
|
Houston--Clear Lake; and |
|
(D) $9,548,995 to the University of |
|
Houston--Downtown; |
|
(12) to the following component institutions of The |
|
Texas A&M University System: |
|
(A) $8,471,116 to Texas A&M University--Corpus |
|
Christi; |
|
(B) $3,202,241 to Texas A&M International |
|
University; |
|
(C) $5,167,540 to Texas A&M |
|
University--Kingsville; |
|
(D) $4,886,159 to West Texas A&M University; |
|
(E) $5,684,047 to Texas A&M |
|
University--Commerce; and |
|
(F) $1,684,587 to Texas A&M |
|
University--Texarkana; and |
|
(13) $5,775,000 to the Texas State Technical College |
|
System Administration and the following component campuses, but not |
|
its extension centers or programs: |
|
(A) Texas State Technical College-Harlingen; |
|
(B) Texas State Technical College--Marshall; |
|
(C) Texas State Technical College--West Texas; |
|
and |
|
(D) Texas State Technical College--Waco. |
|
(a-2) This subsection and Subsection (a-1) expire September |
|
1, 2010. |
|
(e) Whereas the University of North Texas at Dallas was |
|
created as an institution of higher education by Chapter 25 (S.B. |
|
576), Acts of the 77th Legislature, Regular Session, 2001, which |
|
was approved by a vote of more than two-thirds of the membership of |
|
each house of the legislature, the University of North Texas at |
|
Dallas is entitled to participate in the funding provided by |
|
Section 17, Article VII, Texas Constitution, as soon as the |
|
University of North Texas at Dallas operates as a general academic |
|
teaching institution. |
|
(f) Pursuant to the annual allocation amounts shown in |
|
Subsections (a) and (a-1) for each year of the remaining 10-year |
|
allocation period established under Section 17(d), Article VII, |
|
Texas Constitution, that ends in 2015, the comptroller shall |
|
distribute to the Lamar Institute of Technology a portion of the |
|
total annual appropriation under Section 17(a), Article VII, Texas |
|
Constitution. |
|
SECTION 11. Section 62.024, Education Code, is amended to |
|
read as follows: |
|
Sec. 62.024. AMOUNT OF ALLOCATION INCREASED. In accordance |
|
with Section 17(a), Article VII, Texas Constitution, for each state |
|
fiscal year beginning with the state fiscal year ending August 31, |
|
2008, the amount of the annual constitutional appropriation under |
|
that subsection is increased to $262.5 million. [Before the state
|
|
fiscal year ending August 31, 2008, the amount of the annual
|
|
constitutional appropriation under that subsection is $175
|
|
million.] |
|
SECTION 12. Chapter 62, Education Code, is amended by |
|
adding Subchapters C, D, and F to read as follows: |
|
SUBCHAPTER C. RESEARCH UNIVERSITY DEVELOPMENT FUND |
|
Sec. 62.051. DEFINITIONS. In this subchapter: |
|
(1) "Eligible institution" means an institution of |
|
higher education designated as a research university or emerging |
|
research university under the coordinating board's accountability |
|
system. |
|
(2) "Institution of higher education" has the meaning |
|
assigned by Section 61.003. |
|
Sec. 62.052. PURPOSE. The purpose of this subchapter is to |
|
provide funding to research universities and emerging research |
|
universities for the recruitment and retention of highly qualified |
|
faculty and the enhancement of research productivity at those |
|
universities. |
|
Sec. 62.053. FUNDING. (a) For each state fiscal year, the |
|
coordinating board shall distribute any funds appropriated by the |
|
legislature for the purposes of this subchapter, and any other |
|
funds made available for the purposes of this subchapter, to |
|
eligible institutions based on the average amount of total research |
|
funds expended by each institution annually during the three most |
|
recent state fiscal years, according to the following rates: |
|
(1) at least $1 million for every $10 million of the |
|
average annual amount of those research funds expended by the |
|
institution, if that average amount for the institution is $50 |
|
million or more; and |
|
(2) at least $500,000 for every $10 million of the |
|
average annual amount of those research funds expended by the |
|
institution, if that average amount for the institution is less |
|
than $50 million. |
|
(b) For purposes of Subsection (a), the amount of total |
|
research funds expended by an eligible institution in a state |
|
fiscal year is the amount of those funds as reported to the |
|
coordinating board by the institution for that fiscal year, subject |
|
to any adjustment by the coordinating board in accordance with the |
|
standards and accounting methods the coordinating board prescribes |
|
for purposes of this section. If the funds available for |
|
distribution for a state fiscal year under Subsection (a) are not |
|
sufficient to provide the amount specified by Subsection (a) for |
|
each eligible institution or exceed the amount sufficient for that |
|
purpose, the available amount shall be distributed in proportion to |
|
the total amount to which each institution is otherwise entitled |
|
under Subsection (a). |
|
Sec. 62.054. RULES. The coordinating board shall adopt |
|
rules for the administration of this subchapter, including any |
|
rules the coordinating board considers necessary regarding the |
|
submission to the coordinating board by eligible institutions of |
|
any student data required for the coordinating board to carry out |
|
its duties under this subchapter. |
|
SUBCHAPTER D. PERFORMANCE INCENTIVE FUNDING |
|
Sec. 62.071. DEFINITIONS. In this subchapter: |
|
(1) "At-risk student" means an undergraduate student |
|
of an eligible institution: |
|
(A) whose score on the Scholastic Assessment Test |
|
(SAT) or the American College Test (ACT) is less than the national |
|
mean score of students' scores on that test; |
|
(B) who has been awarded a grant under the |
|
federal Pell Grant program; |
|
(C) who was 20 years of age or older on the date |
|
the student initially enrolled in the institution; |
|
(D) who is enrolled as a part-time student; or |
|
(E) who did not receive a high school diploma but |
|
received a high school equivalency certificate within the last six |
|
years. |
|
(2) "Critical field" means: |
|
(A) the field of engineering, computer science, |
|
mathematics, physical science, allied health, nursing, or teacher |
|
certification in a field of science or mathematics; and |
|
(B) any other field of study identified as a |
|
critical field by the coordinating board in "Closing the Gaps," the |
|
state's master plan for higher education. |
|
(3) "Eligible institution" means a general academic |
|
teaching institution other than a public state college. |
|
(4) "General academic teaching institution" and |
|
"public state college" have the meanings assigned by Section |
|
61.003. |
|
Sec. 62.072. FUNDING. (a) For each state fiscal year, the |
|
coordinating board shall distribute any performance incentive |
|
funds appropriated by the legislature for purposes of this |
|
subchapter, and any other funds made available for the purposes of |
|
this subchapter, to eligible institutions as follows: |
|
(1) 50 percent to be distributed among eligible |
|
institutions in proportion to the increase, if any, in the average |
|
number of degrees awarded annually by each institution in the two |
|
most recent fiscal years from the average number of degrees awarded |
|
annually by that institution in the two fiscal years immediately |
|
preceding those fiscal years, using the weights assigned to each |
|
degree under the table prescribed by Subsection (b); and |
|
(2) the remaining 50 percent to be distributed among |
|
eligible institutions in proportion to the average number of |
|
degrees awarded annually by each institution in the three most |
|
recent fiscal years, using the weights assigned to each degree |
|
under the table prescribed by Subsection (b). |
|
(b) A number of points is assigned for each degree awarded |
|
by an eligible institution according to the following table: |
|
POINTS |
|
Noncritical Field/Not At-Risk Student 1.0 |
|
Noncritical Field/At-Risk Student 2.0 |
|
Critical Field/Not At-Risk Student 2.0 |
|
Critical Field/At-Risk Student 3.0 |
|
Sec. 62.073. RULES. The coordinating board shall adopt |
|
rules for the administration of this subchapter, including any |
|
rules the coordinating board considers necessary regarding the |
|
submission to the coordinating board by eligible institutions of |
|
any student data required for the coordinating board to carry out |
|
its duties under this subchapter. |
|
SUBCHAPTER F. TEXAS RESEARCH INCENTIVE PROGRAM (TRIP) |
|
Sec. 62.121. DEFINITIONS. In this subchapter: |
|
(1) "Eligible institution" means an institution of |
|
higher education designated as an emerging research university |
|
under the coordinating board's accountability system. |
|
(2) "Gift" includes cash, cash equivalents, |
|
marketable securities, closely held securities, money market |
|
holdings, partnership interests, personal property, real property, |
|
minerals, and life insurance proceeds. |
|
(3) "Institution of higher education" has the meaning |
|
assigned by Section 61.003. |
|
(4) "Program" means the Texas Research Incentive |
|
Program (TRIP) established under this subchapter. |
|
Sec. 62.122. PROGRAM ADMINISTRATION. The coordinating |
|
board shall develop and administer the Texas Research Incentive |
|
Program (TRIP) in accordance with this subchapter to provide |
|
matching funds to assist eligible institutions in leveraging |
|
private gifts for the enhancement of research productivity and |
|
faculty recruitment. |
|
Sec. 62.123. MATCHING GRANTS. (a) An eligible institution |
|
that receives gifts or endowments from private sources in a state |
|
fiscal year for the purpose of enhancing research activities at the |
|
institution, including a gift or endowment for endowed chairs, |
|
professorships, facilities, equipment, program costs, or graduate |
|
stipends or fellowships, is entitled to receive, out of funds |
|
appropriated for the purposes of the program for that fiscal year, a |
|
matching grant in an amount determined according to the following |
|
rates: |
|
(1) 50 percent of the amount of the gifts and |
|
endowments, if the total amount of gifts and endowments is $100,000 |
|
or more but not more than $999,999; |
|
(2) 75 percent of the amount of the gifts and |
|
endowments, if the total amount of gifts and endowments is $1 |
|
million or more but not more than $1,999,999; or |
|
(3) 100 percent of the amount of the gifts and |
|
endowments, if the total amount of gifts and endowments is $2 |
|
million or more. |
|
(b) An eligible institution is not entitled to matching |
|
funds under the program for: |
|
(1) a gift that has been pledged but has not been |
|
received by the institution; |
|
(2) a gift for undergraduate scholarships or grants; |
|
or |
|
(3) any portion of gifts or endowments received by the |
|
institution from a single source in a state fiscal year in excess of |
|
$10 million. |
|
(c) The coordinating board shall establish procedures for |
|
the certification by the coordinating board of an eligible |
|
institution's receipt of a qualifying gift or endowment. A cash |
|
gift or endowment must be certified as of the date the gift or |
|
endowment was deposited by the institution in a depository bank or |
|
invested by the institution as authorized by law. A non-cash gift |
|
must be certified as of the date the gift is converted to cash, and |
|
is considered to have been received on that date for purposes of |
|
this subchapter. |
|
(d) If the funds appropriated for the program for a state |
|
fiscal year are insufficient to provide matching grants in the |
|
amounts specified by this section for all qualifying private gifts |
|
and endowments received by eligible institutions during that fiscal |
|
year, the coordinating board shall provide matching grants for |
|
those gifts and endowments in order of their certification date, |
|
and shall provide matching grants for any remaining unmatched gifts |
|
and endowments in the following fiscal year using funds |
|
appropriated to the program for that following year, to the extent |
|
funds are available. |
|
(e) Matching grants received by an eligible institution |
|
under this section may not be considered as a basis to reduce, |
|
directly or indirectly, the amount of money otherwise appropriated |
|
to the institution. |
|
Sec. 62.124. RULES. The coordinating board shall adopt |
|
rules for the administration of this subchapter. |
|
SECTION 13. Chapter 62, Education Code, is amended by |
|
adding Subchapter G to read as follows: |
|
SUBCHAPTER G. NATIONAL RESEARCH UNIVERSITY FUND |
|
Sec. 62.141. PURPOSE. The purpose of this subchapter is to |
|
allocate appropriations from the national research university fund |
|
to provide a dedicated, independent, and equitable source of |
|
funding to enable emerging research universities in this state to |
|
achieve national prominence as major research universities. |
|
Sec. 62.142. DEFINITIONS. In this subchapter: |
|
(1) "Eligible institution" means a general academic |
|
teaching institution that is eligible to receive distributions of |
|
money under this subchapter. |
|
(2) "Endowment funds" means funds treated as endowment |
|
funds under the coordinating board's accountability system. |
|
(3) "Fund" means the national research university |
|
fund. |
|
(4) "General academic teaching institution" has the |
|
meaning assigned by Section 61.003. |
|
Sec. 62.143. ADMINISTRATION AND INVESTMENT OF FUND. (a) |
|
The national research university fund is a fund outside the state |
|
treasury in the custody of the comptroller. |
|
(b) The comptroller shall administer and invest the fund in |
|
accordance with Section 20, Article VII, Texas Constitution. |
|
Sec. 62.144. FUNDING. (a) The fund consists of any amounts |
|
appropriated or transferred to the credit of the fund under the |
|
Texas Constitution or otherwise appropriated or transferred to the |
|
credit of the fund under this section or another law. |
|
(b) The comptroller shall deposit to the credit of the fund |
|
all interest, dividends, and other income earned from investment of |
|
the fund. |
|
(c) The comptroller may accept gifts or grants from any |
|
public or private source for the fund. |
|
Sec. 62.145. ELIGIBILITY TO RECEIVE DISTRIBUTIONS FROM |
|
FUND. (a) A general academic teaching institution is eligible to |
|
receive a distribution of money under this subchapter for each year |
|
of a state fiscal biennium if: |
|
(1) the institution is designated as an emerging |
|
research university under the coordinating board's accountability |
|
system; |
|
(2) in each of the two state fiscal years preceding the |
|
state fiscal biennium, the institution expended at least $45 |
|
million in restricted research funds; and |
|
(3) the institution satisfies at least four of the |
|
following criteria: |
|
(A) the value of the institution's endowment |
|
funds is at least $400 million; |
|
(B) the institution awarded at least 200 doctor |
|
of philosophy degrees during each of the two academic years |
|
preceding the state fiscal biennium; |
|
(C) the entering freshman class of the |
|
institution for each of those two academic years demonstrated high |
|
academic achievement, as determined according to standards |
|
prescribed by the coordinating board by rule, giving consideration |
|
to the future educational needs of the state as articulated in the |
|
coordinating board's "Closing the Gaps" report; |
|
(D) the institution is designated as a member of |
|
the Association of Research Libraries or has a Phi Beta Kappa |
|
chapter or has received an equivalent recognition of research |
|
capabilities and scholarly attainment as determined according to |
|
standards prescribed by the coordinating board by rule; |
|
(E) the faculty of the institution for each of |
|
those two academic years was of high quality, as determined |
|
according to coordinating board standards based on the professional |
|
achievement and recognition of the institution's faculty, |
|
including the election of faculty members to national academies; |
|
and |
|
(F) the institution has demonstrated a |
|
commitment to high-quality graduate education, as determined |
|
according to standards prescribed by the coordinating board by |
|
rule, including the number of graduate-level programs at the |
|
institution, the institution's admission standards for graduate |
|
programs, and the level of institutional support for graduate |
|
students. |
|
(b) A general academic teaching institution that becomes |
|
eligible to receive a distribution of money under this subchapter |
|
remains eligible to receive a distribution in each subsequent state |
|
fiscal year. |
|
Sec. 62.146. ACCOUNTING STANDARDS; VERIFICATION OF |
|
INFORMATION. (a) The coordinating board by rule shall prescribe |
|
standard methods of accounting and standard methods of reporting |
|
information for the purpose of determining the eligibility of |
|
institutions under Section 62.145. |
|
(b) As soon as practicable in each even-numbered year, based |
|
on information submitted by the institutions to the coordinating |
|
board as required by the coordinating board, the coordinating board |
|
shall certify to the legislature verified information relating to |
|
the criteria established by Section 62.145 to be used to determine |
|
which institutions are initially eligible for distributions of |
|
money from the fund. Information submitted to the coordinating |
|
board by institutions for purposes of this subchapter and the |
|
coordinating board's certification of that information under this |
|
subsection are subject to audit by the state auditor in accordance |
|
with Chapter 321, Government Code. |
|
Sec. 62.147. INELIGIBILITY OF INSTITUTIONS RECEIVING |
|
PERMANENT UNIVERSITY FUND SUPPORT AND MAINTENANCE. The University |
|
of Texas at Austin and Texas A&M University are ineligible to |
|
receive money under this subchapter. |
|
Sec. 62.148. ALLOCATION OF APPROPRIATED FUNDS TO ELIGIBLE |
|
INSTITUTIONS. In each state fiscal year, the comptroller shall |
|
distribute to eligible institutions the total amount appropriated |
|
from the fund for that fiscal year. The amount shall be allocated |
|
to the eligible institutions based on an equitable formula adopted |
|
by the legislature to carry out the purposes of the fund as |
|
established by Section 20, Article VII, Texas Constitution. In |
|
adopting the allocation formula, the legislature may consider the |
|
recommendations of the coordinating board, including |
|
recommendations on the appropriate elements and relative weights of |
|
elements of the formula. |
|
Sec. 62.149. USE OF ALLOCATED AMOUNTS. (a) An eligible |
|
institution may use money received under this subchapter only for |
|
the support and maintenance of educational and general activities |
|
that promote increased research capacity at the institution. |
|
(b) For purposes of Subsection (a), the use of money shall |
|
be limited to the following permitted activities: |
|
(1) providing faculty support and paying faculty |
|
salaries; |
|
(2) purchasing equipment or library materials; |
|
(3) paying graduate stipends; and |
|
(4) supporting research performed at the institution, |
|
including undergraduate research. |
|
(c) Money received in a fiscal year by an institution under |
|
this subchapter that is not used in that fiscal year by the |
|
institution may be held and used by the institution in subsequent |
|
fiscal years for the purposes prescribed by this section. |
|
SECTION 14. Section 62.094, Education Code, is amended to |
|
read as follows: |
|
Sec. 62.094. FUNDING. (a) The research development fund |
|
consists of the [amount deposited to the credit of the fund under
|
|
Section 62.025 in each state fiscal year, the amount appropriated
|
|
or transferred to the credit of the fund by the legislature under
|
|
Subsection (b), and any other] amounts appropriated or transferred |
|
to the credit of the fund under this section or other law. |
|
(b) [In each state fiscal year, the legislature may
|
|
appropriate or provide for the transfer to the credit of the
|
|
research development fund of an amount not less than the amount
|
|
deposited to the credit of the fund under Section 62.025 in that
|
|
fiscal year.
|
|
[(c)] The comptroller shall deposit all interest, |
|
dividends, and other income earned from investment of the research |
|
development fund to the credit of the fund. |
|
(c) [(d)] The comptroller may accept gifts or grants from |
|
any public or private source for the research development fund. |
|
SECTION 15. Section 96.703(a), Education Code, is amended |
|
to read as follows: |
|
(a) In the city of Beaumont, the [The] board shall establish |
|
and maintain a lower-division institution of higher education [an
|
|
educational center of Lamar University] as a separate |
|
degree-granting institution to be known as Lamar Institute of |
|
Technology. |
|
SECTION 16. Sections 62.025 and 62.026, Education Code, are |
|
repealed. |
|
SECTION 17. Section 96.703(c), Education Code, is repealed. |
|
SECTION 18. INTERIM STUDY REGARDING TECHNOLOGY RESEARCH |
|
DATA COLLECTION. (a) A select interim committee is created to |
|
study the feasibility of collecting data and maintaining a |
|
searchable electronic database, search engine, or other collection |
|
of data (data collection) relating to specialized technology |
|
research projects that are developed or conducted at public |
|
universities in this state, research facilities of public |
|
universities in this state, or other facilities operated by a state |
|
agency, in order to facilitate coordination among the universities |
|
and facilities on the projects and improve access to and awareness |
|
of the specialized research and technologies developed at those |
|
institutions and facilities. |
|
(b) The study must consider: |
|
(1) appropriate entities to administer the data |
|
collection, including nonprofit organizations, public universities |
|
in this state, or state agencies; |
|
(2) the extent of legislative oversight required for |
|
an entity that would maintain the data collection; |
|
(3) compliance with state and federal laws regarding |
|
access to public information; and |
|
(4) the information the data collection would include, |
|
such as: |
|
(A) a list of projects involving one or more of |
|
the following areas: |
|
(i) energy research, including methods of |
|
creation, storage, distribution, and conservation of energy; |
|
(ii) biomedical science research, |
|
including research that involves stem cells or human cloning; |
|
(iii) nanotechnology research, including |
|
nanomedicine; and |
|
(iv) other specialized technology |
|
research; |
|
(B) for each project listed under Paragraph (A) |
|
of this subdivision, a brief description of the project, including |
|
the field of technology involved, the entity involved with the |
|
project, and additional comments regarding the research the Texas |
|
Higher Education Coordinating Board considers appropriate; and |
|
(C) other relevant information and available |
|
resources in this state relating to specialized technology |
|
research, including: |
|
(i) expert faculty or research personnel; |
|
(ii) available technology and patents |
|
obtained; |
|
(iii) the location of and policies for the |
|
use of available research equipment; |
|
(iv) public grants or contracts awarded; |
|
and |
|
(v) the process through which any stem |
|
cells and stem cell lines utilized were derived. |
|
(c) The study shall examine the current state of access to |
|
public information about specialized technology research projects |
|
and shall assess the best methods of facilitating access to the |
|
information. In addition, the study shall consider what |
|
information should be accessible by the general public and what |
|
information, if any, should have restricted access. |
|
(d) The committee shall be composed of: |
|
(1) representatives of the following institutions, |
|
with one member named by each institution: The University of Texas |
|
at Austin, Texas A&M University, Texas Tech University, the |
|
University of Houston, the University of North Texas, The |
|
University of Texas at Arlington, The University of Texas at |
|
Dallas, The University of Texas at El Paso, and The University of |
|
Texas at San Antonio; and |
|
(2) a number of members appointed by the Texas Higher |
|
Education Coordinating Board as the coordinating board considers |
|
appropriate to represent the coordinating board, data collection |
|
providers, and the technology industry. |
|
(e) On the request of the committee, a general academic |
|
institution of higher education, research facility of a general |
|
academic institution of higher education, or other facility |
|
operated by a state agency shall provide to the Texas Higher |
|
Education Coordinating Board or advisory committee any information |
|
necessary for the board or advisory committee to perform its duties |
|
under this section. |
|
(f) Not later than December 1, 2010, the committee shall |
|
report the committee's findings and recommendations to the |
|
lieutenant governor, the speaker of the house of representatives, |
|
and the governor. The committee shall include in its |
|
recommendations specific legislation that the committee considers |
|
desirable to address the need for and feasibility of establishing a |
|
data collection as determined by the committee's findings. |
|
(g) The committee is abolished and this section expires |
|
January 16, 2011. |
|
SECTION 19. (a) The Texas Higher Education Coordinating |
|
Board, in consultation with institutions of higher education that |
|
are eligible institutions under Subchapter C, Chapter 62, Education |
|
Code, as added by this Act, shall study and make recommendations |
|
regarding the appropriate definitions and categories of research |
|
expenditures to be included and applied in determining an |
|
institution's eligibility for and distributions from the Research |
|
University Development Fund. |
|
(b) Not later than December 1, 2010, the coordinating board |
|
shall report its study and deliver its recommendations to the: |
|
(1) governor; |
|
(2) lieutenant governor; |
|
(3) speaker of the house of representatives; |
|
(4) chair of the Senate Committee on Finance; |
|
(5) chair of the Senate Committee on Higher Education; |
|
(6) chair of the House Committee on Appropriations; |
|
and |
|
(7) chair of the House Committee on Higher Education. |
|
(c) At the request of an institution of higher education |
|
that consults with the coordinating board under this section, the |
|
coordinating board shall include with its recommendations the |
|
written response of the institution to those recommendations. |
|
SECTION 20. The Texas Higher Education Coordinating Board |
|
shall adopt rules relating to the administration of Subchapters C, |
|
D, F, and G, Chapter 62, Education Code, as added by this Act, as |
|
soon as practicable after the effective date of this Act. |
|
SECTION 21. (a) Except as provided by Subsections (b), |
|
(c), (d), and (e) of this section, this Act takes effect September |
|
1, 2009. |
|
(b) Money may not be appropriated to or distributed from the |
|
research university development fund under Subchapter C, Chapter |
|
62, Education Code, as added by this Act, or the national research |
|
university fund under Subchapter G, Chapter 62, Education Code, as |
|
added by this Act, before the state fiscal biennium that begins |
|
September 1, 2011. |
|
(c) The funding for Section 13 of this Act is contingent on |
|
the approval by the voters of 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. If that |
|
constitutional amendment is not approved by the voters, Sections 14 |
|
and 16 of this Act do not take effect. |
|
(d) This Act does not make an appropriation. This Act takes |
|
effect only if a specific appropriation for the implementation of |
|
this Act is provided in a general appropriations act of the 81st |
|
Legislature. |
|
(e) The sections of this Act amending Sections 62.021 and |
|
62.024, Education Code, take effect immediately if this Act |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, those sections take effect September 1, 2009. Subsection |
|
(d) of this section does not apply to the sections of this Act that |
|
amend Sections 62.021 and 62.024, Education Code. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 51 was passed by the House on April |
|
24, 2009, by the following vote: Yeas 137, Nays 0, 1 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 51 on May 29, 2009, 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.B. No. 51 on May 31, 2009, by the following vote: Yeas 141, |
|
Nays 4, 1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 51 was passed by the Senate, with |
|
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
|
0; 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.B. No. |
|
51 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |