Texas 2015 - 84th Regular

Texas House Bill HB1000 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Zerwas, Faircloth (Senate Sponsor - Seliger) H.B. No. 1000
2		-	(In the Senate - Received from the House May 13, 2015;
3		-	May 14, 2015, read first time and referred to Committee on Finance;
4		-	May 21, 2015, reported favorably by the following vote: Yeas 12,
5		-	Nays 1; May 21, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1000
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to state support for general academic teaching
12	6		institutions in this state.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. The heading to Subchapter C, Chapter 62,
15	9		Education Code, is amended to read as follows:
16	10		SUBCHAPTER C. TEXAS RESEARCH UNIVERSITY [COMPETITIVE KNOWLEDGE]
17	11		FUND
18	12		SECTION 2. Sections 62.051(1) and (2), Education Code, are
19	13		amended to read as follows:
20	14		(1) "Eligible institution" means an institution of
21	15		higher education that[:
22	16		[(A)] is designated as a research university
23	17		under the coordinating board's accountability system and, for any
24	18		three consecutive state fiscal years beginning on or after
25	19		September 1, 2010, made total annual research expenditures in an
26	20		average annual amount of not less than $450 million[; or
27	21		[(B) is designated as an emerging research
28	22		university under the coordinating board's accountability system
29	23		and, for any three consecutive state fiscal years beginning on or
30	24		after September 1, 2010, made total annual research expenditures in
31	25		an average annual amount of not less than $50 million].
32	26		(2) "Fund" means the Texas research university
33	27		[competitive knowledge] fund.
34	28		SECTION 3. Section 62.052, Education Code, is amended to
35	29		read as follows:
36	30		Sec. 62.052. PURPOSE. The purpose of this subchapter is to
37	31		provide funding to eligible research universities [and emerging
38	32		research universities] to support faculty to ensure excellence in
39	33		instruction and research.
40	34		SECTION 4. Section 62.053, Education Code, is amended to
41	35		read as follows:
42	36		Sec. 62.053. FUND. (a) The Texas research university
43	37		[competitive knowledge] fund consists of money appropriated by the
44	38		legislature to eligible institutions for the purposes of this
45	39		subchapter [to eligible institutions].
46	40		(a-1) In each state fiscal year, amounts shall be
47	41		appropriated to eligible institutions based on the average amount
48	42		of total research funds expended by each institution per year for
49	43		the three preceding state fiscal years.
50	44		(b) For purposes of this subchapter [section], the amount of
51	45		total research funds expended by an eligible institution in a state
52	46		fiscal year is the amount of those funds as reported to the
53	47		coordinating board by the institution for that fiscal year, subject
54	48		to any adjustment by the coordinating board in accordance with the
55	49		standards and accounting methods the coordinating board prescribes
56	50		for purposes of this section.
57	51		SECTION 5. The heading to Subchapter E, Chapter 62,
58	52		Education Code, is amended to read as follows:
59	53		SUBCHAPTER E. TEXAS COMPREHENSIVE RESEARCH [DEVELOPMENT] FUND
60	54		SECTION 6. Section 62.091, Education Code, is amended to
61	55		read as follows:
62	56		Sec. 62.091. PURPOSE. The Texas comprehensive research
63	57		[development] fund is established to provide funding to promote
64	58		increased research capacity at eligible general academic teaching
65	59		institutions.
66	60		SECTION 7. Section 62.092, Education Code, is amended by
67	61		amending Subdivision (2) and adding Subdivision (3) to read as
68	62		follows:
69	63		(2) "Eligible institution" means a general academic
70	64		teaching institution[,] as defined by Section 61.003, other than:
71	65		(A) The University of Texas at Austin or Texas
72	66		A&M University; or
73	67		(B) an institution of higher education described
74	68		by Section 62.132(2).
75	69		(3) "Fund" means the Texas comprehensive research
76	70		fund.
77	71		SECTION 8. Section 62.093, Education Code, is amended to
78	72		read as follows:
79	73		Sec. 62.093. FUNDING [ADMINISTRATION]. [(a)] The Texas
80	74		comprehensive research [development] fund consists of money
81	75		appropriated by the legislature to eligible institutions for the
82	76		purposes of this subchapter [is a fund outside the state treasury in
83	77		the custody of the comptroller].
84	78		[(b) The comptroller shall administer and invest the
85	79		research development fund.]
86	80		SECTION 9. The heading to Section 62.095, Education Code,
87	81		is amended to read as follows:
88	82		Sec. 62.095. APPROPRIATION [APPORTIONMENT] OF FUND TO
89	83		ELIGIBLE INSTITUTIONS.
90	84		SECTION 10. Section 62.095(a), Education Code, is amended
91	85		to read as follows:
92	86		(a) In each state fiscal year, amounts [the comptroller
93	87		shall distribute the total amount of all assets in the research
94	88		development fund to eligible institutions. The amount] shall be
95	89		appropriated to [apportioned among the] eligible institutions
96	90		based on the average amount of restricted research funds expended
97	91		by each institution per year for the three preceding state fiscal
98	92		years.
99	93		SECTION 11. The heading to Section 62.096, Education Code,
100	94		is amended to read as follows:
101	95		Sec. 62.096. VERIFICATION [OF ALLOCATION FACTORS].
102	96		SECTION 12. Sections 62.096(a) and (b), Education Code, are
103	97		amended to read as follows:
104	98		(a) For purposes of this subchapter and Subchapter F-1, the
105	99		coordinating board shall prescribe standards and accounting
106	100		methods for determining the amount of restricted research funds
107	101		expended [by an eligible institution] in a state fiscal year:
108	102		(1) under this subchapter by an eligible institution;
109	103		or
110	104		(2) under Subchapter F-1 by an eligible institution,
111	105		as that term is defined by Section 62.132(2).
112	106		(b) For purposes of this subchapter and Subchapter F-1, the
113	107		[The] coordinating board shall convene a committee composed
114	108		[comprised] of persons designated by the presidents of eligible
115	109		institutions to approve the allocations standards and accounting
116	110		methods established by the coordinating board and to consider
117	111		appeals authorized by Subsection (e) or Section 62.135(b) [by
118	112		October 1, 2003].
119	113		SECTION 13. Section 62.097, Education Code, is amended to
120	114		read as follows:
121	115		Sec. 62.097. USE OF APPROPRIATED [ALLOCATED] AMOUNTS. (a)
122	116		An eligible institution may use money received from the [research
123	117		development] fund only for the support and maintenance of
124	118		educational and general activities, including research and student
125	119		services, that promote increased research capacity at the
126	120		institution.
127	121		(b) Money received by an institution from the [research
128	122		development] fund in a fiscal year that is not used by the
129	123		institution in that fiscal year may be held and used by the
130	124		institution in subsequent fiscal years.
131	125		SECTION 14. Chapter 62, Education Code, is amended by
132	126		adding Subchapter F-1 to read as follows:
133	127		SUBCHAPTER F-1. CORE RESEARCH SUPPORT FUND
134	128		Sec. 62.131. PURPOSE. The core research support fund is
135	129		established to provide funding to promote increased research
136	130		capacity at emerging research universities.
137	131		Sec. 62.132. DEFINITIONS. In this subchapter:
138	132		(1) "Coordinating board" means the Texas Higher
139	133		Education Coordinating Board.
140	134		(2) "Eligible institution" means an institution of
141	135		higher education that is designated as an emerging research
142	136		university under the coordinating board's accountability system.
143	137		(3) "Fund" means the core research support fund.
144	138		Sec. 62.133. FUNDING. The core research support fund
145	139		consists of money appropriated by the legislature to eligible
146	140		institutions for the purposes of this subchapter.
147	141		Sec. 62.134. APPROPRIATION OF FUND TO ELIGIBLE
148	142		INSTITUTIONS. In each state fiscal year, amounts shall be
149	143		appropriated to eligible institutions as follows:
150	144		(1) 50 percent based on the average amount of
151	145		restricted research funds expended by each institution per year for
152	146		the three preceding state fiscal years, determined in the manner
153	147		described by Section 62.095(b); and
154	148		(2) 50 percent based on the average amount of total
155	149		research funds expended by each institution per year for the three
156	150		preceding state fiscal years, determined in the manner described by
157	151		Section 62.053(b).
158	152		Sec. 62.135. VERIFICATION. (a) The coordinating board may
159	153		audit the appropriate records of an eligible institution to verify
160	154		information for purposes of this subchapter.
161	155		(b) For final determination of eligibility, an eligible
162	156		institution may appeal to the advisory committee described by
163	157		Section 62.096 the coordinating board's decision regarding the
164	158		institution's verified information relating to the amounts of
165	159		restricted research expended.
166	160		Sec. 62.136. USE OF APPROPRIATED AMOUNTS. (a) An eligible
167	161		institution may use money received from the fund only for the
168	162		support and maintenance of educational and general activities,
169	163		including research and student services, that promote increased
170	164		research capacity at the institution.
171	165		(b) Money received by an institution from the fund in a
172	166		fiscal year that is not used by the institution in that fiscal year
173	167		may be held and used by the institution in subsequent fiscal years.
174	168		Sec. 62.137. ANNUAL REPORT. (a) Each eligible institution
175	169		that receives money under this subchapter in a state fiscal year
176	170		shall prepare a report at the end of that fiscal year describing the
177	171		manner in which the institution used the money. The institution
178	172		shall include in the report information regarding the use of money
179	173		spent in that fiscal year that was received under this subchapter in
180	174		a preceding fiscal year.
181	175		(b) The institution shall deliver a copy of the report to
182	176		the coordinating board and the Legislative Budget Board not later
183	177		than December 1 after the end of the fiscal year. The Legislative
184	178		Budget Board may establish requirements for the form and content of
185	179		the report.
186	180		(c) The institution shall include in the report information
187	181		on the use or other disposition of money the institution previously
188	182		received from the Texas excellence fund or the university research
189	183		fund, if the institution spent money from either of those funds in
190	184		the fiscal year of the report.
191	185		SECTION 15. Sections 62.0925 and 62.094, Education Code,
192	186		are repealed.
193	187		SECTION 16. This Act takes effect September 1, 2015.
194		-	* * * * *
	188	+	______________________________ ______________________________
	189	+	President of the Senate Speaker of the House
	190	+	I certify that H.B. No. 1000 was passed by the House on May
	191	+	12, 2015, by the following vote: Yeas 125, Nays 15, 2 present, not
	192	+	voting.
	193	+	______________________________
	194	+	Chief Clerk of the House
	195	+	I certify that H.B. No. 1000 was passed by the Senate on May
	196	+	27, 2015, by the following vote: Yeas 27, Nays 4.
	197	+	______________________________
	198	+	Secretary of the Senate
	199	+	APPROVED: _____________________
	200	+	Date
	201	+	_____________________
	202	+	Governor