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A BILL TO BE ENTITLED
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AN ACT
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relating to state support for general academic teaching |
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institutions in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter C, Chapter 62, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER C. TEXAS RESEARCH UNIVERSITY [COMPETITIVE KNOWLEDGE] |
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FUND |
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SECTION 2. Sections 62.051(1) and (2), Education Code, are |
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amended to read as follows: |
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(1) "Eligible institution" means an institution of |
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higher education that[:
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[(A)] is designated as a research university |
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under the coordinating board's accountability system and, for any |
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three consecutive state fiscal years beginning on or after |
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September 1, 2010, made total annual research expenditures in an |
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average annual amount of not less than $450 million[; or
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[(B)
is designated as an emerging research
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university under the coordinating board's accountability system
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and, for any three consecutive state fiscal years beginning on or
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after September 1, 2010, made total annual research expenditures in
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an average annual amount of not less than $50 million]. |
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(2) "Fund" means the Texas research university |
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[competitive knowledge] fund. |
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SECTION 3. Section 62.052, Education Code, is amended to |
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read as follows: |
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Sec. 62.052. PURPOSE. The purpose of this subchapter is to |
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provide funding to eligible research universities [and emerging
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research universities] to support faculty to ensure excellence in |
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instruction and research. |
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SECTION 4. Section 62.053, Education Code, is amended to |
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read as follows: |
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Sec. 62.053. FUND. (a) The Texas research university |
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[competitive knowledge] fund consists of money appropriated by the |
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legislature for the purposes of this subchapter to eligible |
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institutions. |
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(b) For purposes of this subchapter [section], the amount of |
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total research funds expended by an eligible institution in a state |
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fiscal year is the amount of those funds as reported to the |
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coordinating board by the institution for that fiscal year, subject |
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to any adjustment by the coordinating board in accordance with the |
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standards and accounting methods the coordinating board prescribes |
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for purposes of this section. |
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SECTION 5. The heading to Subchapter E, Chapter 62, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER E. TEXAS COMPREHENSIVE RESEARCH [DEVELOPMENT] FUND |
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SECTION 6. Section 62.091, Education Code, is amended to |
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read as follows: |
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Sec. 62.091. PURPOSE. The Texas comprehensive research |
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[development] fund is established to provide funding to promote |
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increased research capacity at eligible general academic teaching |
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institutions. |
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SECTION 7. Section 62.092, Education Code, is amended by |
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amending Subdivision (2) and adding Subdivision (3) to read as |
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follows: |
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(2) "Eligible institution" means a general academic |
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teaching institution[,] as defined by Section 61.003, other than |
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The University of Texas at Austin or Texas A&M University or an |
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institution of higher education described by Section 62.132(2). |
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(3) "Fund" means the Texas comprehensive research |
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fund. |
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SECTION 8. Section 62.093, Education Code, is amended to |
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read as follows: |
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Sec. 62.093. ADMINISTRATION. (a) The Texas comprehensive |
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research [development] fund is a fund outside the state treasury in |
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the custody of the comptroller. |
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(b) The comptroller shall administer and invest the |
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[research development] fund. |
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SECTION 9. Section 62.094, Education Code, is amended to |
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read as follows: |
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Sec. 62.094. FUNDING. (a) The [research development] fund |
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consists of the amounts appropriated or transferred to the credit |
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of the fund under this section or other law. |
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(b) The comptroller shall deposit all interest, dividends, |
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and other income earned from investment of the [research
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development] fund to the credit of the fund. |
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(c) The comptroller may accept gifts or grants from any |
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public or private source for the [research development] fund. |
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SECTION 10. Section 62.095(a), Education Code, is amended |
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to read as follows: |
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(a) In each state fiscal year, the comptroller shall |
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distribute the total amount of all assets in the [research
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development] fund to eligible institutions. The amount shall be |
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apportioned among the eligible institutions based on the average |
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amount of restricted research funds expended by each institution |
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per year for the three preceding state fiscal years. |
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SECTION 11. Section 62.096(a), Education Code, is amended |
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to read as follows: |
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(a) For purposes of this subchapter and Subchapter F-1, the |
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coordinating board shall prescribe standards and accounting |
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methods for determining the amount of restricted research funds |
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expended [by an eligible institution] in a state fiscal year: |
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(1) under this subchapter by an eligible institution; |
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or |
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(2) under Subchapter F-1 by an eligible institution, |
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as that term is defined by Section 62.132(2). |
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SECTION 12. Section 62.097, Education Code, is amended to |
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read as follows: |
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Sec. 62.097. USE OF ALLOCATED AMOUNTS. (a) An eligible |
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institution may use money received from the [research development] |
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fund only for the support and maintenance of educational and |
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general activities, including research and student services, that |
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promote increased research capacity at the institution. |
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(b) Money received by an institution from the [research
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development] fund in a fiscal year that is not used by the |
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institution in that fiscal year may be held and used by the |
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institution in subsequent fiscal years. |
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SECTION 13. Chapter 62, Education Code, is amended by |
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adding Subchapter F-1 to read as follows: |
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SUBCHAPTER F-1. CORE RESEARCH SUPPORT FUND |
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Sec. 62.131. PURPOSE. The core research support fund is |
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established to provide funding to promote increased research |
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capacity at emerging research universities. |
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Sec. 62.132. DEFINITIONS. In this subchapter: |
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(1) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(2) "Eligible institution" means an institution of |
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higher education that is designated as an emerging research |
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university under the coordinating board's accountability system. |
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(3) "Fund" means the core research support fund. |
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Sec. 62.133. ADMINISTRATION. (a) The core research |
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support fund is a fund outside the state treasury in the custody of |
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the comptroller. |
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(b) The comptroller shall administer and invest the fund. |
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Sec. 62.134. FUNDING. (a) The fund consists of the amounts |
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appropriated or transferred to the credit of the fund under this |
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section or other law. |
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(b) The comptroller shall deposit all interest, dividends, |
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and other income earned from investment of the fund to the credit of |
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the fund. |
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(c) The comptroller may accept gifts or grants from any |
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public or private source for the fund. |
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Sec. 62.135. APPORTIONMENT OF FUND TO ELIGIBLE |
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INSTITUTIONS. (a) In each state fiscal year, the comptroller shall |
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distribute the total amount of all assets in the fund to eligible |
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institutions. The amount shall be apportioned among the eligible |
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institutions based on the average amount of restricted research |
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funds expended by each institution per year for the three preceding |
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state fiscal years. |
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(b) For purposes of Subsection (a), the amount of restricted |
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research funds expended by an institution in a fiscal year is the |
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amount of those funds as reported to the coordinating board by the |
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institution for that fiscal year, subject to any adjustment by the |
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coordinating board in accordance with the standards and accounting |
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methods the coordinating board prescribes under Section 62.096. |
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(c) Beginning with the first distributions from the fund |
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under this subchapter, an eligible institution that previously |
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incurred an appropriation reduction under Section 62.0535 is |
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entitled to an amount from the fund in addition to the amount |
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apportioned under Subsection (a) until the institution receives a |
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total additional amount under this subsection equal to the amount |
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of the previous appropriation reduction. Amounts distributed under |
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this subsection must be specifically appropriated for this purpose. |
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Sec. 62.136. VERIFICATION OF ALLOCATION FACTORS. (a) The |
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coordinating board may audit the appropriate records of an eligible |
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institution to verify information for purposes of this subchapter. |
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(b) For final determination of eligibility, an eligible |
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institution may appeal to the advisory committee described by |
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Section 62.096 the coordinating board's decision regarding the |
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institution's verified information relating to the amounts of |
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restricted research expended. |
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Sec. 62.137. USE OF ALLOCATED AMOUNTS. (a) An eligible |
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institution may use money received from the fund only for the |
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support and maintenance of educational and general activities, |
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including research and student services, that promote increased |
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research capacity at the institution. |
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(b) Money received by an institution from the fund in a |
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fiscal year that is not used by the institution in that fiscal year |
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may be held and used by the institution in subsequent fiscal years. |
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Sec. 62.138. ANNUAL REPORT. (a) Each eligible institution |
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that receives money under this subchapter in a state fiscal year |
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shall prepare a report at the end of that fiscal year describing the |
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manner in which the institution used the money. The institution |
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shall include in the report information regarding the use of money |
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spent in that fiscal year that was received under this subchapter in |
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a preceding fiscal year. |
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(b) The institution shall deliver a copy of the report to |
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the coordinating board and the Legislative Budget Board not later |
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than December 1 after the end of the fiscal year. The Legislative |
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Budget Board may establish requirements for the form and content of |
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the report. |
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(c) The institution shall include in the report information |
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on the use or other disposition of money the institution previously |
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received from the Texas excellence fund or the university research |
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fund, if the institution spent money from either of those funds in |
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the fiscal year of the report. |
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SECTION 14. Sections 62.0925 and 62.096(b), Education Code, |
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are repealed. |
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SECTION 15. This Act takes effect September 1, 2015. |