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  By: Bell, et al. (Senate Sponsor - Hegar) H.B. No. 870
         (In the Senate - Received from the House April 29, 2013;
  April 29, 2013, read first time and referred to Committee on Higher
  Education; May 20, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0,
  1 present not voting; May 20, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 870 By:  Seliger
 
 
A BILL TO BE ENTITLED
 
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.
  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:
               (1)  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; and
               (2)  the legislature has specifically appropriated to
  the university for that fiscal year its proportional share of the
  research development fund in accordance with the methodology
  prescribed by Section 62.095.
         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.
 
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