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        |  | 
      
        |  | 
      
        |  | AN ACT | 
      
        |  | relating to state support for general academic teaching | 
      
        |  | institutions in this state. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  The heading to Subchapter C, Chapter 62, | 
      
        |  | Education Code, is amended to read as follows: | 
      
        |  | SUBCHAPTER C.  TEXAS RESEARCH UNIVERSITY [ COMPETITIVE KNOWLEDGE] | 
      
        |  | FUND | 
      
        |  | SECTION 2.  Sections 62.051(1) and (2), Education Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (1)  "Eligible institution" means an institution of | 
      
        |  | higher education that[ : | 
      
        |  | [ (A)]  is designated as a research university | 
      
        |  | under the coordinating board's accountability system and, for any | 
      
        |  | three consecutive state fiscal years beginning on or after | 
      
        |  | September 1, 2010, made total annual research expenditures in an | 
      
        |  | average annual amount of not less than $450 million[ ; or | 
      
        |  | [ (B)  is designated as an emerging research  | 
      
        |  | university under the coordinating board's accountability system  | 
      
        |  | and, for any three consecutive state fiscal years beginning on or  | 
      
        |  | after September 1, 2010, made total annual research expenditures in  | 
      
        |  | an average annual amount of not less than $50 million]. | 
      
        |  | (2)  "Fund" means the Texas research university | 
      
        |  | [ competitive knowledge] fund. | 
      
        |  | SECTION 3.  Section 62.052, Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 62.052.  PURPOSE. The purpose of this subchapter is to | 
      
        |  | provide funding to eligible research universities [ and emerging  | 
      
        |  | research universities] to support faculty to ensure excellence in | 
      
        |  | instruction and research. | 
      
        |  | SECTION 4.  Section 62.053, Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 62.053.  FUND.  (a) The Texas research university | 
      
        |  | [ competitive knowledge] fund consists of money appropriated by the | 
      
        |  | legislature to eligible institutions for the purposes of this | 
      
        |  | subchapter [ to eligible institutions]. | 
      
        |  | (a-1)  In each state fiscal year, amounts shall be | 
      
        |  | appropriated to eligible institutions based on the average amount | 
      
        |  | of total research funds expended by each institution per year for | 
      
        |  | the three preceding state fiscal years. | 
      
        |  | (b)  For purposes of this subchapter [ section], the amount of | 
      
        |  | total research funds expended by an eligible institution in a state | 
      
        |  | fiscal year is the amount of those funds as reported to the | 
      
        |  | coordinating board by the institution for that fiscal year, subject | 
      
        |  | to any adjustment by the coordinating board in accordance with the | 
      
        |  | standards and accounting methods the coordinating board prescribes | 
      
        |  | for purposes of this section. | 
      
        |  | SECTION 5.  The heading to Subchapter E, Chapter 62, | 
      
        |  | Education Code, is amended to read as follows: | 
      
        |  | SUBCHAPTER E.  TEXAS COMPREHENSIVE RESEARCH [ DEVELOPMENT] FUND | 
      
        |  | SECTION 6.  Section 62.091, Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 62.091.  PURPOSE.  The Texas comprehensive research | 
      
        |  | [ development] fund is established to provide funding to promote | 
      
        |  | increased research capacity at eligible general academic teaching | 
      
        |  | institutions. | 
      
        |  | SECTION 7.  Section 62.092, Education Code, is amended by | 
      
        |  | amending Subdivision (2) and adding Subdivision (3) to read as | 
      
        |  | follows: | 
      
        |  | (2)  "Eligible institution" means a general academic | 
      
        |  | teaching institution[ ,] as defined by Section 61.003, other than: | 
      
        |  | (A)  The University of Texas at Austin or Texas | 
      
        |  | A&M University; or | 
      
        |  | (B)  an institution of higher education described | 
      
        |  | by Section 62.132(2). | 
      
        |  | (3)  "Fund" means the Texas comprehensive research | 
      
        |  | fund. | 
      
        |  | SECTION 8.  Section 62.093, Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 62.093.  FUNDING [ ADMINISTRATION].  [(a)]  The Texas | 
      
        |  | comprehensive research [ development] fund consists of money | 
      
        |  | appropriated by the legislature to eligible institutions for the | 
      
        |  | purposes of this subchapter [ is a fund outside the state treasury in  | 
      
        |  | the custody of the comptroller]. | 
      
        |  | [ (b)  The comptroller shall administer and invest the  | 
      
        |  | research development fund.] | 
      
        |  | SECTION 9.  The heading to Section 62.095, Education Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | Sec. 62.095.  APPROPRIATION [ APPORTIONMENT] OF FUND TO | 
      
        |  | ELIGIBLE INSTITUTIONS. | 
      
        |  | SECTION 10.  Section 62.095(a), Education Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (a)  In each state fiscal year, amounts [ the comptroller  | 
      
        |  | shall distribute the total amount of all assets in the research  | 
      
        |  | development fund to eligible institutions.  The amount] shall be | 
      
        |  | appropriated to [ apportioned among the] eligible institutions | 
      
        |  | based on the average amount of restricted research funds expended | 
      
        |  | by each institution per year for the three preceding state fiscal | 
      
        |  | years. | 
      
        |  | SECTION 11.  The heading to Section 62.096, Education Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | Sec. 62.096.  VERIFICATION [ OF ALLOCATION FACTORS]. | 
      
        |  | SECTION 12.  Sections 62.096(a) and (b), Education Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  For purposes of this subchapter and Subchapter F-1, the | 
      
        |  | coordinating board shall prescribe standards and accounting | 
      
        |  | methods for determining the amount of restricted research funds | 
      
        |  | expended [ by an eligible institution] in a state fiscal year: | 
      
        |  | (1)  under this subchapter by an eligible institution; | 
      
        |  | or | 
      
        |  | (2)  under Subchapter F-1 by an eligible institution, | 
      
        |  | as that term is defined by Section 62.132(2). | 
      
        |  | (b)  For purposes of this subchapter and Subchapter F-1, the | 
      
        |  | [ The] coordinating board shall convene a committee composed | 
      
        |  | [ comprised] of persons designated by the presidents of eligible | 
      
        |  | institutions to approve the allocations standards and accounting | 
      
        |  | methods established by the coordinating board and to consider | 
      
        |  | appeals authorized by Subsection (e) or Section 62.135(b) [ by  | 
      
        |  | October 1, 2003]. | 
      
        |  | SECTION 13.  Section 62.097, Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 62.097.  USE OF APPROPRIATED [ ALLOCATED] AMOUNTS.  (a) | 
      
        |  | An eligible institution may use money received from the [ research  | 
      
        |  | development] fund only for the support and maintenance of | 
      
        |  | educational and general activities, including research and student | 
      
        |  | services, that promote increased research capacity at the | 
      
        |  | institution. | 
      
        |  | (b)  Money received by an institution from the [ research  | 
      
        |  | development] fund in a fiscal year that is not used by the | 
      
        |  | institution in that fiscal year may be held and used by the | 
      
        |  | institution in subsequent fiscal years. | 
      
        |  | SECTION 14.  Chapter 62, Education Code, is amended by | 
      
        |  | adding Subchapter F-1 to read as follows: | 
      
        |  | SUBCHAPTER F-1.  CORE RESEARCH SUPPORT FUND | 
      
        |  | Sec. 62.131.  PURPOSE.  The core research support fund is | 
      
        |  | established to provide funding to promote increased research | 
      
        |  | capacity at emerging research universities. | 
      
        |  | Sec. 62.132.  DEFINITIONS.  In this subchapter: | 
      
        |  | (1)  "Coordinating board" means the Texas Higher | 
      
        |  | Education Coordinating Board. | 
      
        |  | (2)  "Eligible institution" means an institution of | 
      
        |  | higher education that is designated as an emerging research | 
      
        |  | university under the coordinating board's accountability system. | 
      
        |  | (3)  "Fund" means the core research support fund. | 
      
        |  | Sec. 62.133.  FUNDING.  The core research support fund | 
      
        |  | consists of money appropriated by the legislature to eligible | 
      
        |  | institutions for the purposes of this subchapter. | 
      
        |  | Sec. 62.134.  APPROPRIATION OF FUND TO ELIGIBLE | 
      
        |  | INSTITUTIONS.  In each state fiscal year, amounts shall be | 
      
        |  | appropriated to eligible institutions as follows: | 
      
        |  | (1)  50 percent based on the average amount of | 
      
        |  | restricted research funds expended by each institution per year for | 
      
        |  | the three preceding state fiscal years, determined in the manner | 
      
        |  | described by Section 62.095(b); and | 
      
        |  | (2)  50 percent based on the average amount of total | 
      
        |  | research funds expended by each institution per year for the three | 
      
        |  | preceding state fiscal years, determined in the manner described by | 
      
        |  | Section 62.053(b). | 
      
        |  | Sec. 62.135.  VERIFICATION.  (a)  The coordinating board may | 
      
        |  | audit the appropriate records of an eligible institution to verify | 
      
        |  | information for purposes of this subchapter. | 
      
        |  | (b)  For final determination of eligibility, an eligible | 
      
        |  | institution may appeal to the advisory committee described by | 
      
        |  | Section 62.096 the coordinating board's decision regarding the | 
      
        |  | institution's verified information relating to the amounts of | 
      
        |  | restricted research expended. | 
      
        |  | Sec. 62.136.  USE OF APPROPRIATED AMOUNTS.  (a)  An eligible | 
      
        |  | institution may use money received from the fund only for the | 
      
        |  | support and maintenance of educational and general activities, | 
      
        |  | including research and student services, that promote increased | 
      
        |  | research capacity at the institution. | 
      
        |  | (b)  Money received by an institution from the fund in a | 
      
        |  | fiscal year that is not used by the institution in that fiscal year | 
      
        |  | may be held and used by the institution in subsequent fiscal years. | 
      
        |  | Sec. 62.137.  ANNUAL REPORT.  (a)  Each eligible institution | 
      
        |  | that receives money under this subchapter in a state fiscal year | 
      
        |  | shall prepare a report at the end of that fiscal year describing the | 
      
        |  | manner in which the institution used the money.  The institution | 
      
        |  | shall include in the report information regarding the use of money | 
      
        |  | spent in that fiscal year that was received under this subchapter in | 
      
        |  | a preceding fiscal year. | 
      
        |  | (b)  The institution shall deliver a copy of the report to | 
      
        |  | the coordinating board and the Legislative Budget Board not later | 
      
        |  | than December 1 after the end of the fiscal year.  The Legislative | 
      
        |  | Budget Board may establish requirements for the form and content of | 
      
        |  | the report. | 
      
        |  | (c)  The institution shall include in the report information | 
      
        |  | on the use or other disposition of money the institution previously | 
      
        |  | received from the Texas excellence fund or the university research | 
      
        |  | fund, if the institution spent money from either of those funds in | 
      
        |  | the fiscal year of the report. | 
      
        |  | SECTION 15.  Sections 62.0925 and 62.094, Education Code, | 
      
        |  | are repealed. | 
      
        |  | SECTION 16.  This Act takes effect September 1, 2015. | 
      
        |  | 
      
        |  | 
      
        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
        |  | 
      
        |  | 
      
        |  | I certify that H.B. No. 1000 was passed by the House on May | 
      
        |  | 12, 2015, by the following vote:  Yeas 125, Nays 15, 2 present, not | 
      
        |  | voting. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
        |  | 
      
        |  | 
      
        |  | I certify that H.B. No. 1000 was passed by the Senate on May | 
      
        |  | 27, 2015, by the following vote:  Yeas 27, Nays 4. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | APPROVED:  _____________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  | _____________________ | 
      
        |  | Governor |