81R2394 JSA-D
 
  By: Shapiro S.B. No. 172
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to financial incentives and other assistance to develop
  and maintain excellence in specific programs and fields of study at
  public institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.059, Education Code, is amended by
  adding Subsection (o) to read as follows:
         (o)  In addition to the other funding recommendations
  required by this section, biennially the board shall determine the
  amount that the board considers appropriate for purposes of
  providing funding under Section 61.0596 in the following state
  fiscal biennium to carry out the purposes of that section and shall
  make recommendations to the governor and the Legislative Budget
  Board for funding those programs in that biennium. To the extent
  the board considers appropriate, the board may include funding to
  be provided under Section 61.0596 in the formulas established under
  this section.
         SECTION 2.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.0596 to read as follows:
         Sec. 61.0596.  INCENTIVE FUNDING FOR EXCELLENCE IN SPECIFIC
  PROGRAMS AND FIELDS. (a) The board shall administer this section
  to encourage and assist institutions of higher education to develop
  and maintain specific programs or fields of study of the highest
  national rank or recognition for that type of program or field.
         (b)  From money available for the purpose, the board shall
  award incentive grants to institutions of higher education the
  board considers to have demonstrated the greatest commitment to
  success in developing or improving a designated program or field of
  study toward attaining the highest national rank or recognition.
  An institution must use money received under this section to
  develop, improve, or maintain the quality of the program or field
  for which the grant is awarded.
         (c)  An institution of higher education may designate only
  one program at a time for consideration for new funding under this
  section. The institution may change its designation with the
  consent of the board. If the board determines that an institution
  has met all the applicable benchmarks for the institution's
  designated program or field of study, the institution may designate
  another program or field of study for consideration for new funding
  under this section.
         (d)  The board shall establish a series of benchmarks
  applicable to each program or field of study designated by an
  institution of higher education under this section. The
  institution becomes eligible for funding for each benchmark the
  board determines that the institution has met. The board shall
  establish the amount of funding for each benchmark met in a manner
  that provides an effective incentive and reasonable financial
  support to assist the institution to continue its efforts to meet
  the remaining benchmarks for its designated program or field.
         (e)  Unless the board determines that a different number of
  benchmarks is appropriate, the board shall establish three
  benchmarks for each designated program or field of study. The board
  shall employ or contract with one or more persons who have relevant
  expertise and do not reside in this state to assist the board in
  establishing the benchmarks and associated funding levels for each
  type of program or field of study designated by an institution of
  higher education under this section.
         (f)  In addition to supporting the programs designated by
  institutions of higher education for consideration to receive
  incentive funding under this section, from money available for the
  purpose, the board shall provide additional money as the board
  determines appropriate to assist institutions in maintaining the
  excellence of programs or fields of study that have achieved the
  highest national ranking or recognition for that type of program or
  field.
         SECTION 3.  This Act takes effect immediately if it 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, this
  Act takes effect September 1, 2009.