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  H.B. No. 870
 
 
 
 
AN ACT
  relating to Prairie View A&M University's eligibility to
  participate in the research development fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 62.003(1), Education Code, is amended to
  read as follows:
               (1)  Except as otherwise provided by Subchapters C, D,
  E, F, and G, "eligible  institution" means the eligible agencies
  and institutions of higher education listed in Article VII, Section
  17(b), of the Constitution of Texas, and any institution or agency
  of higher education that is later made eligible to participate in
  the disbursement of funds pursuant to Article VII, Section 17(c),
  of the Constitution of Texas.
         SECTION 2.  Section 62.092(2), Education Code, is amended to
  read as follows:
               (2)  "Eligible institution" means a general academic
  teaching institution, as defined by Section 61.003, other than The
  University of Texas at Austin or[,] Texas A&M University[, or
  Prairie View A&M University].
         SECTION 3.  Subchapter E, Chapter 62, Education Code, is
  amended by adding Section 62.0925 to read as follows:
         Sec. 62.0925.  ELIGIBILITY OF PRAIRIE VIEW A&M UNIVERSITY.
  (a)  Notwithstanding Section 62.092(2), Prairie View A&M University
  is an eligible institution for purposes of eligibility for a
  distribution from the research development fund under this
  subchapter for a state fiscal year only if the university is not an
  eligible institution for that fiscal year for purposes of
  eligibility for an appropriation or distribution from the Texas
  competitive knowledge fund established under other law.
         (b)  Notwithstanding Section 62.092(2) or Subsection (a) of
  this section, for the state fiscal biennium ending August 31, 2017,
  Prairie View A&M University is an eligible institution for purposes
  of eligibility for a distribution from the research development
  fund under this subchapter only if the total amount of money
  appropriated for that state fiscal biennium for distributions from
  the fund to those eligible institutions that received distributions
  from the fund in the preceding state fiscal biennium is not less
  than the total amount of money that was appropriated for
  distributions from the fund to those eligible institutions for that
  preceding state fiscal biennium, such that the distribution to
  Prairie View A&M University of the proportionate share of the fund
  to which the university is entitled under the methodology
  prescribed by Section 62.095 for the state fiscal biennium ending
  August 31, 2017, does not have the effect of reducing the amounts
  from the fund to which the other eligible institutions are entitled
  for that state fiscal biennium. This subsection expires January 1,
  2018.
 
         SECTION 4.  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, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 870 was passed by the House on April
  25, 2013, by the following vote:  Yeas 135, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 870 on May 26, 2013, by the following vote:  Yeas 129, Nays 10,
  5 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 870 was passed by the Senate, with
  amendments, on May 21, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor