81R11231 KSD-D
By: Branch H.B. No. 4616
A BILL TO BE ENTITLED
AN ACT
relating to financial support and incentives for the development of
national research universities and high-quality comprehensive
regional universities and a review of the institutional groupings
under the Texas Higher Education Coordinating Board's
accountability system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0904 to read as follows:
Sec. 61.0904. REVIEW OF INSTITUTIONAL GROUPINGS. At least
once every 10 years, the board shall conduct a review of the
institutional groupings under the board's accountability system,
including a review of the criteria for and definitions assigned to
those groupings.
SECTION 2. Chapter 61, Education Code, is amended by adding
Subchapters FF, GG, and HH to read as follows:
SUBCHAPTER FF. TEXAS COMPETITIVE KNOWLEDGE FUNDING
Sec. 61.9771. DEFINITIONS. In this subchapter:
(1) "At-risk student" means a student of a research
university:
(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 university;
(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 board in "Closing the Gaps," the state's
master plan for higher education.
(3) "Eligible institution" means an institution of
higher education designated as a research university or emerging
research university under the board's accountability system.
Sec. 61.9772. 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. 61.9773. FUNDING. (a) For each state fiscal year, the
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 as follows:
(1) 80 percent to be distributed among 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:
(A) $1.5 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 $150
million or more;
(B) $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 but less than $150 million; and
(C) $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;
(2) 10 percent to be distributed among eligible
institutions in proportion to the average number of degrees awarded
by each institution annually during the two most recent state
fiscal years, using the weights assigned to each degree under the
table prescribed by Subsection (b); and
(3) 10 percent to be distributed among eligible
institutions in proportion to the percentage increase, if any, in
the average number of degrees awarded by each institution annually
in the two most recent fiscal years from the average number of
degrees awarded by that institution annually in the two fiscal
years immediately preceding those 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 POINTS
POINTS
Noncritical Field/Not At-Risk Student 1.0 Noncritical Field/Not At-Risk Student 1.0
Noncritical Field/Not At-Risk Student 1.0
Noncritical Field/At-Risk Student 2.0 Noncritical Field/At-Risk Student 2.0
Noncritical Field/At-Risk Student 2.0
Critical Field/Not At-Risk Student 2.0 Critical Field/Not At-Risk Student 2.0
Critical Field/Not At-Risk Student 2.0
Critical Field/At-Risk Student 3.0 Critical Field/At-Risk Student 3.0
Critical Field/At-Risk Student 3.0
(c) For purposes of Subsection (a)(1), the amount of
restricted research funds expended by an eligible institution in a
state fiscal year is the amount of those funds as reported to the
board by the institution for that fiscal year, subject to any
adjustment by the board in accordance with the standards and
accounting methods the board prescribes for purposes of this
section. If the funds available for distribution for a state fiscal
year under Subsection (a)(1) are not sufficient to provide the
amount specified by Subsection (a)(1) 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)(1).
Sec. 61.9774. REPORT BY ELIGIBLE INSTITUTIONS TO BOARD.
Not later than September 1 of each year, each eligible institution
shall compile and submit to the board, in accordance with rules
adopted by the board, a report that includes the following data
regarding each student who was awarded a degree by the institution
during the preceding state fiscal year:
(1) the student's scores on the Scholastic Assessment
Test (SAT) and American College Test (ACT);
(2) the number of semester credit hours completed by
the student at the institution;
(3) whether the student received a grant under the
federal Pell Grant program;
(4) the age of the student on the date the student
initially enrolled in the institution;
(5) whether the student initially enrolled in the
institution for less than 12 semester credit hours during a fall or
spring semester;
(6) whether any degree awarded to the student by the
institution is in a critical field;
(7) whether the student did not receive a high school
diploma but received a high school equivalency certificate; and
(8) any other information required by the board.
Sec. 61.9775. RULES. The board shall adopt rules for the
administration of this subchapter.
SUBCHAPTER GG. TEXAS CENTERS OF EXCELLENCE PERFORMANCE FUNDING
Sec. 61.9791. DEFINITIONS. In this subchapter:
(1) "At-risk student" has the meaning assigned by
Section 61.9771.
(2) "Critical field" has the meaning assigned by
Section 61.9771.
(3) "Eligible institution" means an institution of
higher education designated as a comprehensive university,
doctoral university, or master's university under the board's
accountability system.
Sec. 61.9792. PURPOSE. The purpose of this subchapter is to
provide funding to facilitate the creation of premier public
comprehensive universities focused on strong undergraduate
curricula and limited research centers of excellence.
Sec. 61.9793. FUNDING. (a) For each state fiscal year, the
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 as follows:
(1) 40 percent to be distributed among eligible
institutions in proportion to the number of points assigned to each
institution under the table prescribed by Subsection (c);
(2) 40 percent to be distributed among eligible
institutions in proportion to the percentage 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
(c); and
(3) 20 percent to be distributed among eligible
institutions in accordance with an equitable formula developed by
the board based on the number of students enrolled in each
institution who were recognized as National Merit Scholars or who
graduated with a grade point average in the top 10 percent of the
student's high school graduating class, to be used by each
institution to award scholarships to students described by this
subsection.
(b) A number of points is assigned in accordance with
Subsection (c) on the basis of a degree awarded during the three
state fiscal years preceding the year for which the distribution of
funds under this section is made.
(c) 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. 61.9794. REPORT BY ELIGIBLE INSTITUTIONS TO BOARD.
Not later than September 1 of each year, each eligible institution
shall compile and submit to the board, in accordance with rules
adopted by the board, a report that includes the following data
regarding each student who was awarded a degree by the institution
during the preceding state fiscal year:
(1) the student's scores on the Scholastic Assessment
Test (SAT) and American College Test (ACT);
(2) the number of semester credit hours completed by
the student at the institution;
(3) whether the student received a grant under the
federal Pell Grant program;
(4) the age of the student on the date the student
initially enrolled in the institution;
(5) whether the student initially enrolled in the
institution for less than 12 semester credit hours during a fall or
spring semester;
(6) whether any degree awarded to the student by the
institution is in a critical field;
(7) whether the student did not receive a high school
diploma but received a high school equivalency certificate;
(8) whether the student was recognized as a National
Merit Scholar;
(9) whether the student graduated with a grade point
average in the top 10 percent of the student's high school
graduating class; and
(10) any other information required by the board.
Sec. 61.9795. RULES. The board shall adopt rules for the
administration of this subchapter.
SUBCHAPTER HH. TEXAS RESEARCH INCENTIVE PROGRAM (TRIP)
Sec. 61.9801. DEFINITIONS. In this subchapter:
(1) "Eligible institution" means an institution of
higher education designated as an emerging research university
under the board's accountability system.
(2) "Program" means the Texas Research Incentive
Program (TRIP) established under this subchapter.
Sec. 61.9802. PROGRAM ADMINISTRATION. The 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. 61.9803. MATCHING GRANTS. (a) An eligible
institution that receives cash 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) an in-kind gift;
(2) a gift that has been pledged but has not been
received by the institution;
(3) a gift for undergraduate scholarships or grants;
or
(4) 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 board shall establish procedures for the
certification by the board of an eligible institution's receipt of
a qualifying gift or endowment. A 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.
(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 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. 61.9804. RULES. The board shall adopt rules for the
administration of this subchapter.
SECTION 3. The Texas Higher Education Coordinating Board
shall adopt rules relating to the administration of Subchapters FF,
GG, and HH, Chapter 61, Education Code, as added by this Act, as
soon as practicable after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2009.
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