Texas 2013 - 83rd Regular

Texas House Bill HB2765 Compare Versions

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1	1	83R21623 KEL-D
2	2	By: Branch, Otto, Pitts H.B. No. 2765
3	3	Substitute the following for H.B. No. 2765:
4	4	By: Branch C.S.H.B. No. 2765
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Texas competitive knowledge fund to
10	10	support excellence at qualifying institutions of higher education.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 62, Education Code, is
13	13	amended to read as follows:
14	14	SUBCHAPTER C. TEXAS COMPETITIVE KNOWLEDGE [RESEARCH UNIVERSITY
15	15	DEVELOPMENT] FUND
16	16	Sec. 62.051. DEFINITIONS. In this subchapter:
17	17	(1) "Eligible institution" means an institution of
18	18	higher education that:
19	19	(A) is designated as a research university [or
20	20	emerging research university] under the coordinating board's
21	21	accountability system and, for any three consecutive state fiscal
22	22	years beginning on or after September 1, 2010, made total annual
23	23	research expenditures in an average annual amount of not less than
24	24	$450 million; or
25	25	(B) is designated as an emerging research
26	26	university under the coordinating board's accountability system
27	27	and, for any three consecutive state fiscal years beginning on or
28	28	after September 1, 2010, made total annual research expenditures in
29	29	an average annual amount of not less than $50 million.
30	30	(2) "Fund" means the Texas competitive knowledge fund.
31	31	(3) "Institution of higher education" has the meaning
32	32	assigned by Section 61.003.
33	33	Sec. 62.052. PURPOSE. The purpose of this subchapter is to
34	34	provide funding to eligible research universities and emerging
35	35	research universities to support faculty to ensure excellence in
36	36	instruction and research [for the recruitment and retention of
37	37	highly qualified faculty and the enhancement of research
38	38	productivity at those universities].
39	39	Sec. 62.053. FUND [FUNDING]. (a) The Texas competitive
40	40	knowledge fund consists of money [For each state fiscal year, the
41	41	coordinating board shall distribute any funds] appropriated by the
42	42	legislature for the purposes of this subchapter[, and any other
43	43	funds made available for the purposes of this subchapter,] to
44	44	eligible institutions [based on the average amount of total
45	45	research funds expended by each institution annually during the
46	46	three most recent state fiscal years, according to the following
47	47	rates:
48	48	[(1) at least $1 million for every $10 million of the
49	49	average annual amount of those research funds expended by the
50	50	institution, if that average amount for the institution is $50
51	51	million or more; and
52	52	[(2) at least $500,000 for every $10 million of the
53	53	average annual amount of those research funds expended by the
54	54	institution, if that average amount for the institution is less
55	55	than $50 million].
56	56	(b) For purposes of this section [Subsection (a)], the
57	57	amount of total research funds expended by an eligible institution
58	58	in a state fiscal year is the amount of those funds as reported to
59	59	the coordinating board by the institution for that fiscal year,
60	60	subject to any adjustment by the coordinating board in accordance
61	61	with the standards and accounting methods the coordinating board
62	62	prescribes for purposes of this section. [If the funds available
63	63	for distribution for a state fiscal year under Subsection (a) are
64	64	not sufficient to provide the amount specified by Subsection (a)
65	65	for each eligible institution or exceed the amount sufficient for
66	66	that purpose, the available amount shall be distributed in
67	67	proportion to the total amount to which each institution is
68	68	otherwise entitled under Subsection (a).]
69	69	Sec. 62.0535. INITIAL CONTRIBUTION. For the first state
70	70	fiscal biennium in which an eligible institution receives an
71	71	appropriation under this subchapter, the institution's other
72	72	general revenue appropriations shall be reduced by an amount not to
73	73	exceed the lesser of $5 million for the biennium or the amount of
74	74	the institution's appropriation under this subchapter for the
75	75	biennium. The bill making the appropriation must expressly
76	76	identify the purpose for which the appropriations were reduced in
77	77	accordance with this section.
78	78	Sec. 62.054. APPROPRIATION AMOUNTS [RULES]. (a) Of the
79	79	total amount appropriated for purposes of this subchapter in a
80	80	state fiscal year, an eligible institution is entitled to receive
81	81	an appropriation in the amount determined in accordance with this
82	82	section.
83	83	(b) Not less than 50 percent of the total amount
84	84	appropriated for purposes of this subchapter shall be appropriated
85	85	to eligible institutions described by Section 62.051(1)(A). Each
86	86	institution is entitled to receive a share of that amount in
87	87	proportion to the average amount of total research funds expended
88	88	by each institution annually during the three fiscal years
89	89	preceding the state fiscal biennium for which the money is
90	90	appropriated.
91	91	(c) The remainder of the total amount appropriated for
92	92	purposes of this subchapter shall be appropriated to eligible
93	93	institutions described by Section 62.051(1)(B). Each institution
94	94	is entitled to receive a share of that amount in proportion to the
95	95	average amount of total research funds expended by each institution
96	96	annually during the three fiscal years preceding the state fiscal
97	97	biennium for which the money is appropriated. [The coordinating
98	98	board shall adopt rules for the administration of this subchapter,
99	99	including any rules the coordinating board considers necessary
100	100	regarding the submission to the coordinating board by eligible
101	101	institutions of any student data required for the coordinating
102	102	board to carry out its duties under this subchapter.]
103	103	SECTION 2. (a) The Texas Higher Education Coordinating
104	104	Board, in consultation with institutions of higher education that
105	105	are eligible institutions under Subchapter C, Chapter 62, Education
106	106	Code, as amended by this Act, shall study and make recommendations
107	107	regarding the appropriate definitions and categories of research
108	108	expenditures to be included and applied in determining an
109	109	institution's eligibility for and the amount of distributions from
110	110	the Texas competitive knowledge fund established by that
111	111	subchapter.
112	112	(b) Not later than December 1, 2014, the coordinating board
113	113	shall report its study and deliver its recommendations to the:
114	114	(1) governor;
115	115	(2) lieutenant governor;
116	116	(3) speaker of the house of representatives;
117	117	(4) chair of the Senate Committee on Finance;
118	118	(5) chair of the Senate Committee on Higher Education;
119	119	(6) chair of the House Committee on Appropriations;
120	120	and
121	121	(7) chair of the House Committee on Higher Education.
122	122	(c) At the request of an institution of higher education
123	123	that consults with the coordinating board under this section, the
124	124	coordinating board shall include with its recommendations the
125	125	written response of the institution to those recommendations.
126	126	SECTION 3. This Act takes effect September 1, 2013.