Texas 2009 - 81st Regular

Texas Senate Bill SB9 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Zaffirini, et al. S.B. No. 9
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to financial support and incentives for the development of
7	7	national research universities and high-quality comprehensive
8	8	regional universities and a review of the institutional groupings
9	9	under the Texas Higher Education Coordinating Board's
10	10	accountability system.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter G, Chapter 51, Education Code, is
13	13	amended by adding Section 51.358 to read as follows:
14	14	Sec. 51.358. LONG-TERM STRATEGIC PLAN FOR RESEARCH
15	15	UNIVERSITY OR EMERGING RESEARCH UNIVERSITY. (a) The governing
16	16	board of each institution of higher education designated as a
17	17	research university or emerging research university under the Texas
18	18	Higher Education Coordinating Board's accountability system shall
19	19	submit to the coordinating board, in the form and manner prescribed
20	20	by the coordinating board, a detailed, long-term strategic plan
21	21	documenting the strategy by which the institution intends to
22	22	achieve recognition as a research university, or enhance the
23	23	university's reputation as a research university, as applicable.
24	24	(b) The Texas Higher Education Coordinating Board shall
25	25	adopt rules for the administration of this section.
26	26	SECTION 2. Subchapter C, Chapter 61, Education Code, is
27	27	amended by adding Section 61.0904 to read as follows:
28	28	Sec. 61.0904. REVIEW OF INSTITUTIONAL GROUPINGS. At least
29	29	once every 10 years, the board shall conduct a review of the
30	30	institutional groupings under the board's accountability system,
31	31	including a review of the criteria for and definitions assigned to
32	32	those groupings.
33	33	SECTION 3. Chapter 61, Education Code, is amended by adding
34	34	Subchapters FF, GG, and HH to read as follows:
35	35	SUBCHAPTER FF. TEXAS COMPETITIVE KNOWLEDGE FUNDING
36	36	Sec. 61.9771. DEFINITIONS. In this subchapter:
37	37	(1) "At-risk student" means a student of a research
38	38	university:
39	39	(A) whose score on the Scholastic Assessment Test
40	40	(SAT) or the American College Test (ACT) is less than the national
41	41	mean score of students' scores on that test;
42	42	(B) who has been awarded a grant under the
43	43	federal Pell Grant program;
44	44	(C) who was 20 years of age or older on the date
45	45	the student initially enrolled in the university;
46	46	(D) who is enrolled as a part-time student; or
47	47	(E) who did not receive a high school diploma but
48	48	received a high school equivalency certificate within the last six
49	49	years.
50	50	(2) "Critical field" means:
51	51	(A) the field of engineering, computer science,
52	52	mathematics, physical science, allied health, nursing, or teacher
53	53	certification in a field of science or mathematics; and
54	54	(B) any other field of study identified as a
55	55	critical field by the board in "Closing the Gaps," the state's
56	56	master plan for higher education.
57	57	(3) "Eligible institution" means an institution of
58	58	higher education designated as a research university or emerging
59	59	research university under the board's accountability system.
60	60	Sec. 61.9772. PURPOSE. The purpose of this subchapter is to
61	61	provide funding to research universities and emerging research
62	62	universities for the recruitment and retention of highly qualified
63	63	faculty and the enhancement of research productivity at those
64	64	universities.
65	65	Sec. 61.9773. FUNDING. (a) For each state fiscal year,
66	66	the board shall distribute any funds appropriated by the
67	67	legislature for the purposes of this subchapter, and any other
68	68	funds made available for the purposes of this subchapter, to
69	69	eligible institutions as follows:
70	70	(1) 80 percent to be distributed among eligible
71	71	institutions based on the average amount of total research funds
72	72	expended by each institution annually during the three most recent
73	73	state fiscal years, according to the following rates:
74	74	(A) $1 million for every $10 million of the
75	75	average annual amount of those research funds expended by the
76	76	institution, if that average amount for the institution is $50
77	77	million or more; and
78	78	(B) $500,000 for every $10 million of the average
79	79	annual amount of those research funds expended by the institution,
80	80	if that average amount for the institution is less than $50 million;
81	81	(2) 10 percent to be distributed among eligible
82	82	institutions in proportion to the average number of degrees awarded
83	83	by each institution annually during the two most recent state
84	84	fiscal years, using the weights assigned to each degree under the
85	85	table prescribed by Subsection (b); and
86	86	(3) 10 percent to be distributed among eligible
87	87	institutions in proportion to the percentage increase, if any, in
88	88	the average number of degrees awarded by each institution annually
89	89	in the two most recent fiscal years from the average number of
90	90	degrees awarded by that institution annually in the two fiscal
91	91	years immediately preceding those fiscal years, using the weights
92	92	assigned to each degree under the table prescribed by Subsection
93	93	(b).
94	94	(b) A number of points is assigned for each degree awarded
95	95	by an eligible institution according to the following table:
96	96	POINTS POINTS
97	97	POINTS
98	98	Noncritical Field/Not At-Risk Student 1.0 Noncritical Field/Not At-Risk Student 1.0
99	99	Noncritical Field/Not At-Risk Student 1.0
100	100	Noncritical Field/At-Risk Student 2.0 Noncritical Field/At-Risk Student 2.0
101	101	Noncritical Field/At-Risk Student 2.0
102	102	Critical Field/Not At-Risk Student 2.0 Critical Field/Not At-Risk Student 2.0
103	103	Critical Field/Not At-Risk Student 2.0
104	104	Critical Field/At-Risk Student 3.0 Critical Field/At-Risk Student 3.0
105	105	Critical Field/At-Risk Student 3.0
106	106	(c) For purposes of Subsection (a)(1), the amount of total
107	107	research funds expended by an eligible institution in a state
108	108	fiscal year is the amount of those funds as reported to the board by
109	109	the institution for that fiscal year, subject to any adjustment by
110	110	the board in accordance with the standards and accounting methods
111	111	the board prescribes for purposes of this section. If the funds
112	112	available for distribution for a state fiscal year under Subsection
113	113	(a)(1) are not sufficient to provide the amount specified by
114	114	Subsection (a)(1) for each eligible institution or exceed the
115	115	amount sufficient for that purpose, the available amount shall be
116	116	distributed in proportion to the total amount to which each
117	117	institution is otherwise entitled under Subsection (a)(1).
118	118	Sec. 61.9774. RULES. The board shall adopt rules for the
119	119	administration of this subchapter, including any rules the board
120	120	considers necessary regarding the submission to the board by
121	121	eligible institutions of any student data required for the board to
122	122	carry out its duties under this subchapter.
123	123	SUBCHAPTER GG. TEXAS CENTERS OF EXCELLENCE PERFORMANCE FUNDING
124	124	Sec. 61.9791. DEFINITIONS. In this subchapter:
125	125	(1) "At-risk student" has the meaning assigned by
126	126	Section 61.9771.
127	127	(2) "Critical field" has the meaning assigned by
128	128	Section 61.9771.
129	129	(3) "Eligible institution" means an institution of
130	130	higher education designated as a comprehensive university,
131	131	doctoral university, or master's university under the board's
132	132	accountability system.
133	133	Sec. 61.9792. PURPOSE. The purpose of this subchapter is to
134	134	provide funding to facilitate the creation of premier public
135	135	comprehensive universities focused on strong undergraduate
136	136	curricula and limited research centers of excellence.
137	137	Sec. 61.9793. FUNDING. (a) For each state fiscal year,
138	138	the board shall distribute any funds appropriated by the
139	139	legislature for the purposes of this subchapter, and any other
140	140	funds made available for the purposes of this subchapter, to
141	141	eligible institutions as follows:
142	142	(1) 40 percent to be distributed among eligible
143	143	institutions in proportion to the number of points assigned to each
144	144	institution under the table prescribed by Subsection (c);
145	145	(2) 40 percent to be distributed among eligible
146	146	institutions in proportion to the percentage increase, if any, in
147	147	the average number of degrees awarded annually by each institution
148	148	in the two most recent fiscal years from the average number of
149	149	degrees awarded annually by that institution in the two fiscal
150	150	years immediately preceding those fiscal years, using the weights
151	151	assigned to each degree under the table prescribed by Subsection
152	152	(c); and
153	153	(3) 20 percent to be distributed among eligible
154	154	institutions in accordance with an equitable formula developed by
155	155	the board based on the number of students enrolled in each
156	156	institution who were recognized as National Merit Scholars or who
157	157	graduated with a grade point average in the top 10 percent of the
158	158	student's high school graduating class, to be used by each
159	159	institution to award scholarships to students described by this
160	160	subdivision.
161	161	(b) A number of points is assigned in accordance with
162	162	Subsection (c) on the basis of a degree awarded during the three
163	163	state fiscal years preceding the year for which the distribution of
164	164	funds under this section is made.
165	165	(c) A number of points is assigned for each degree awarded
166	166	by an eligible institution according to the following table:
167	167	POINTS
168	168	Noncritical Field/Not At-Risk Student 1.0
169	169	Noncritical Field/At-Risk Student 2.0
170	170	Critical Field/Not At-Risk Student 2.0
171	171	Critical Field/At-Risk Student 3.0
172	172	Sec. 61.9794. RULES. The board shall adopt rules for the
173	173	administration of this subchapter, including any rules the board
174	174	considers necessary regarding the submission to the board by
175	175	eligible institutions of any student data required for the board to
176	176	carry out its duties under this subchapter.
177	177	SUBCHAPTER HH. TEXAS RESEARCH INCENTIVE PROGRAM (TRIP)
178	178	Sec. 61.9801. DEFINITIONS. In this subchapter:
179	179	(1) "Eligible institution" means an institution of
180	180	higher education designated as an emerging research university
181	181	under the board's accountability system.
182	182	(2) "Program" means the Texas Research Incentive
183	183	Program (TRIP) established under this subchapter.
184	184	Sec. 61.9802. PROGRAM ADMINISTRATION. The board shall
185	185	develop and administer the Texas Research Incentive Program (TRIP)
186	186	in accordance with this subchapter to provide matching funds to
187	187	assist eligible institutions in leveraging private gifts for the
188	188	enhancement of research productivity and faculty recruitment.
189	189	Sec. 61.9803. MATCHING GRANTS. (a) An eligible
190	190	institution that receives cash gifts or endowments from private
191	191	sources in a state fiscal year for the purpose of enhancing research
192	192	activities at the institution, including a gift or endowment for
193	193	endowed chairs, professorships, facilities, equipment, program
194	194	costs, or graduate stipends or fellowships, is entitled to receive,
195	195	out of funds appropriated for the purposes of the program for that
196	196	fiscal year, a matching grant in an amount determined according to
197	197	the following rates:
198	198	(1) 50 percent of the amount of the gifts and
199	199	endowments, if the total amount of gifts and endowments is $100,000
200	200	or more but not more than $999,999;
201	201	(2) 75 percent of the amount of the gifts and
202	202	endowments, if the total amount of gifts and endowments is $1
203	203	million or more but not more than $1,999,999; or
204	204	(3) 100 percent of the amount of the gifts and
205	205	endowments, if the total amount of gifts and endowments is $2
206	206	million or more.
207	207	(b) An eligible institution is not entitled to matching
208	208	funds under the program for:
209	209	(1) an in-kind gift;
210	210	(2) a gift that has been pledged but has not been
211	211	received by the institution;
212	212	(3) a gift for undergraduate scholarships or grants;
213	213	or
214	214	(4) any portion of gifts or endowments received by the
215	215	institution from a single source in a state fiscal year in excess of
216	216	$10 million.
217	217	(c) The board shall establish procedures for the
218	218	certification by the board of an eligible institution's receipt of
219	219	a qualifying gift or endowment. A gift or endowment must be
220	220	certified as of the date the gift or endowment was deposited by the
221	221	institution in a depository bank or invested by the institution as
222	222	authorized by law.
223	223	(d) If the funds appropriated for the program for a state
224	224	fiscal year are insufficient to provide matching grants in the
225	225	amounts specified by this section for all qualifying private gifts
226	226	and endowments received by eligible institutions during that fiscal
227	227	year, the board shall provide matching grants for those gifts and
228	228	endowments in order of their certification date, and shall provide
229	229	matching grants for any remaining unmatched gifts and endowments in
230	230	the following fiscal year using funds appropriated to the program
231	231	for that following year, to the extent funds are available.
232	232	(e) Matching grants received by an eligible institution
233	233	under this section may not be considered as a basis to reduce,
234	234	directly or indirectly, the amount of money otherwise appropriated
235	235	to the institution.
236	236	Sec. 61.9804. RULES. The board shall adopt rules for the
237	237	administration of this subchapter.
238	238	SECTION 4. The Texas Higher Education Coordinating Board
239	239	shall adopt rules relating to the administration of Subchapters FF,
240	240	GG, and HH, Chapter 61, Education Code, as added by this Act, as
241	241	soon as practicable after the effective date of this Act.
242	242	SECTION 5. (a) Except as provided by Subsection (b) of
243	243	this section, this Act takes effect September 1, 2009.
244	244	(b) This Act does not make an appropriation. This Act takes
245	245	effect only if a specific appropriation for the implementation of
246	246	this Act is provided in a general appropriations act of the 81st
247	247	Legislature.
248	248
249	249	POINTS
250	250
251	251	Noncritical Field/Not At-Risk Student 1.0
252	252
253	253	Noncritical Field/At-Risk Student 2.0
254	254
255	255	Critical Field/Not At-Risk Student 2.0
256	256
257	257	Critical Field/At-Risk Student 3.0