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2005 Texas Education Code CHAPTER 62. DIVISION OF CONSTITUTIONALLY APPROPRIATED FUNDS AMONG CERTAIN INSTITUTIONS OF HIGHER EDUCATION; RESEARCH DEVELOPMENT FUND
EDUCATION CODE CHAPTER 62. DIVISION OF CONSTITUTIONALLY APPROPRIATED FUNDS AMONG CERTAIN INSTITUTIONS OF HIGHER EDUCATION; RESEARCH DEVELOPMENT FUND SUBCHAPTER A. GENERAL PROVISIONS § 62.001. SHORT TITLE. This chapter may be cited as "The Excellence in Higher Education Act" of 1985. Added by Acts 1985, 69th Leg., ch. 225, § 1, eff. June 3, 1985. § 62.002. PURPOSE. Through equitable allocation of the annual appropriation mandated by Article VII, Section 17(a), of the Constitution of Texas, the purpose of this chapter is to provide to the governing boards of the institutions and agencies of higher education eligible to participate in the distribution of funds pursuant to Article VII, Section 17, of the Constitution of Texas, the means to create and maintain a degree of excellence at the respective institutions and agencies of higher education that is above and apart from the normal appropriative formulas established by the Coordinating Board, Texas College and University System. Added by Acts 1985, 69th Leg., ch. 225, § 1, eff. June 3, 1985. § 62.003. DEFINITIONS. In this chapter: (1) "Eligible institution" means the eligible agencies and institutions of higher education listed in Article VII, Section 17(b), of the Constitution of Texas, and any institution or agency of higher education that is later made eligible to participate in the disbursement of funds pursuant to Article VII, Section 17(c), of the Constitution of Texas. (2) "Governing board" means the board of regents or other state governmental body to which an eligible agency or institution is assigned for governance by the Texas Constitution or by the laws of the State of Texas. (3) "Coordinating board" means the Texas Higher Education Coordinating Board. Added by Acts 1985, 69th Leg., ch. 225, § 1, eff. June 3, 1985. Amended by Acts 1995, 74th Leg., ch. 1045, § 1, eff. June 17, 1995.SUBCHAPTER B. AMOUNTS ALLOCATED BY EQUITABLE ALLOCATION FORMULA § 62.021. ALLOCATIONS. (a) In each state fiscal year beginning with the state fiscal year ending August 31, 2008, an eligible institution is entitled to receive an amount allocated in accordance with this section from funds appropriated for that year by Section 17(a), Article VII, Texas Constitution. The comptroller shall distribute funds allocated under this subsection only on presentation of a claim and issuance of a warrant in accordance with Section 403.071, Government Code. The comptroller may not issue a warrant from any funds allocated under this subsection before the delivery of goods or services described in Section 17, Article VII, Texas Constitution, except for the payment of principal or interest on bonds or notes or for a payment for a book or other published library material as authorized by Section 2155.386, Government Code. The allocation of funds under this subsection is made in accordance with an equitable formula consisting of the following elements: space deficit, facilities condition, institutional complexity, and a separate allocation for the Texas State Technical College System. The annual amounts allocated by the formula are as follows: (1) $3,434,348 to Midwestern State University; (2) $26,137,233 to the University of North Texas; (3) $8,139,391 to the University of North Texas Health Science Center at Fort Worth; (4) $12,882,348 to The University of Texas--Pan American; (5) $4,186,790 to The University of Texas at Brownsville; (6) $7,025,771 to Stephen F. Austin State University; (7) to the following component institutions of the Texas State University System: (A) $11,210,508 to Lamar University; (B) $1,115,048 to Lamar State College--Orange; (C) $1,190,119 to Lamar State College--Port Arthur; (D) $3,585,802 to Angelo State University; (E) $9,916,306 to Sam Houston State University; (F) $19,799,276 to Texas State University--San Marcos; (G) $2,043,772 to Sul Ross State University; and (H) $379,831 to Sul Ross State University-Rio Grande College; (8) $11,156,463 to Texas Southern University; (9) $26,829,477 to Texas Tech University; (10) $17,849,441 to Texas Tech University Health Sciences Center; (11) $8,424,209 to Texas Woman's University; (12) to the following component institutions of the University of Houston System: (A) $35,276,140 to the University of Houston; (B) $2,282,883 to the University of Houston--Victoria; (C) $6,001,337 to the University of Houston--Clear Lake; and (D) $9,628,151 to the University of Houston--Downtown; (13) to the following component institutions of The Texas A&M University System: (A) $8,278,993 to Texas A&M University--Corpus Christi; (B) $3,130,211 to Texas A&M International University; (C) $5,052,232 to Texas A&M University--Kingsville; (D) $4,776,890 to West Texas A&M University; (E) $5,345,678 to Texas A&M University--Commerce; and (F) $1,646,352 to Texas A&M University--Texarkana; and (14) $5,775,000 to the Texas State Technical College System Administration and the following component campuses, but not its extension centers or programs: (A) Texas State Technical College-Harlingen; (B) Texas State Technical College--Marshall; (C) Texas State Technical College--West Texas; and (D) Texas State Technical College--Waco. (a-1) In each year of the state fiscal biennium ending August 31, 2007, an eligible institution is entitled to receive an amount allocated in accordance with this section from funds appropriated for that year by Section 17(a), Article VII, Texas Constitution. The comptroller shall distribute funds allocated under this subsection only on presentation of a claim and issuance of a warrant in accordance with Section 403.071, Government Code. The comptroller may not issue a warrant from any funds allocated under this subsection before the delivery of goods or services described in Section 17, Article VII, Texas Constitution, except for the payment of principal or interest on bonds or notes or for a payment for a book or other published library material as authorized by Section 2155.386, Government Code. The allocation of funds under this subsection is made in accordance with an equitable formula consisting of the following elements: space deficit, facilities condition, institutional complexity, and a separate allocation for the Texas State Technical College System. The annual amounts allocated by the formula are as follows: (1) $2,289,565 to Midwestern State University; (2) $17,424,822 to the University of North Texas; (3) $5,426,261 to the University of North Texas Health Science Center at Fort Worth; (4) $8,588,232 to The University of Texas--Pan American; (5) $2,791,194 to The University of Texas at Brownsville; (6) $4,683,847 to Stephen F. Austin State University; (7) to the following component institutions of the Texas State University System: (A) $7,473,672 to Lamar University; (B) $743,365 to Lamar State College--Orange; (C) $793,412 to Lamar State College--Port Arthur; (D) $2,390,535 to Angelo State University; (E) $6,610,870 to Sam Houston State University; (F) $13,199,517 to Texas State University--San Marcos; (G) $1,362,515 to Sul Ross State University; and (H) $253,220 to Sul Ross State University-Rio Grande College; (8) $7,437,642 to Texas Southern University; (9) $17,886,318 to Texas Tech University; (10) $11,899,627 to Texas Tech University Health Sciences Center; (11) $5,616,139 to Texas Woman's University; (12) to the following component institutions of the University of Houston System: (A) $23,517,427 to the University of Houston; (B) $1,521,922 to the University of Houston--Victoria; (C) $4,000,892 to the University of Houston--Clear Lake; and (D) $6,418,767 to the University of Houston--Downtown; (13) to the following component institutions of The Texas A&M University System: (A) $5,519,329 to Texas A&M University--Corpus Christi; (B) $2,086,807 to Texas A&M International University; (C) $3,368,155 to Texas A&M University--Kingsville; (D) $3,184,593 to West Texas A&M University; (E) $3,563,785 to Texas A&M University--Commerce; and (F) $1,097,568 to Texas A&M University--Texarkana; and (14) $3,850,000 to the Texas State Technical College System Administration and the following component campuses, but not its extension centers or programs: (A) Texas State Technical College-Harlingen; (B) Texas State Technical College--Marshall; (C) Texas State Technical College--West Texas; and (D) Texas State Technical College--Waco. (a-2) Except as otherwise provided by this subsection, Subsection (a-1) and this subsection expire September 1, 2007. Notwithstanding Subsection (a), the annual allocation of funds made under Subsection (a) applies only if Section 62.024 is amended by the 79th Legislature, Regular Session, 2005, to increase the amount of the appropriation made under Section 17(a), Article VII, Texas Constitution, for each state fiscal year beginning with the state fiscal year ending August 31, 2008. If Section 62.024 is not amended by the 79th Legislature, Regular Session, 2005, as described by this subsection, then the annual allocation provided by Subsection (a-1) continues to apply to each state fiscal year following the state fiscal biennium ending August 31, 2007, and Subsection (a-1) and this subsection do not expire. (b) Each governing board participating in the distribution of funds as described in this section may expend the funds without limitation, and as the governing board may decide in its sole discretion, for any and all purposes described in Article VII, Section 17, of the Constitution of Texas; provided, however, that for new construction, major repair and rehabilitation projects, and land acquisition projects, those funds may not be expended without the prior approval of the legislature or the approval, review, or endorsement, as applicable, of the coordinating board; and provided further that review and approval of major repair and rehabilitation shall apply only to projects in excess of $600,000. (c) Each governing board participating in the distribution of funds as described in this section may issue bonds and notes as authorized in Article VII, Section 17, of the Constitution of Texas. For purposes of this chapter, the governing board of Texas Tech University may issue bonds and notes as authorized in Article VII, Section 17, of the Constitution of Texas, on behalf of both Texas Tech University and Texas Tech University Health Sciences Center, and the annual appropriations of both institutions may be combined and pledged by the governing body of Texas Tech University in support of such bonds and notes. (d) All funds appropriated by Article VII, Section 17, of the Constitution of Texas, but not expended during the fiscal year of appropriation, shall be carried forward and reappropriated for each of the succeeding fiscal years until expended by the governing boards of eligible institutions for the purposes described in Article VII, Section 17, of the Constitution of Texas. (e) Repealed by Acts 2005, 79th Leg., ch. 1306, § 4. Added by Acts 1985, 69th Leg., ch. 225, § 1, eff. June 3, 1985. Amended by Acts 1987, 70th Leg., ch. 1070, § 5, eff. May 15, 1988; Acts 1989, 71st Leg., ch. 1084, § 1.31; Acts 1991, 72nd Leg., ch. 105, § 3, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 305, § 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 260, § 12, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 408, § 11, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 1045, § 2, eff. June 17, 1995; Acts 1995, 74th Leg., ch. 1061, § 9, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 129, § 1, eff. May 19, 1997; Acts 1999, 76th Leg., ch. 1363, § 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1467, § 1.03, eff. June 19, 1999; Acts 1999, 76th Leg., ch. 1508, § 1, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 238, § 2, eff. May 22, 2001; Acts 2001, 77th Leg., ch. 1212, § 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 386, § 8, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1306, § 1, 4, eff. Sept. 1, 2005. § 62.022. ALLOCATION FORMULA. (a) Prior to the convening of the regular session of the Texas Legislature immediately preceding each 10-year period for which Section 17(d), Article VII, Texas Constitution, prescribes an allocation of the money appropriated by Section 17(a), Article VII, Texas Constitution, the coordinating board shall conduct, with the full participation of the eligible institutions, a study and present recommendations to the Legislative Budget Board and the standing committees of the house of representatives and the senate having jurisdiction over legislation related to higher education as to the allocation of the money appropriated by Section 17(a) for the following 10-year allocation period established by Section 17(d). (b) Prior to the convening of the regular session of the Texas Legislature immediately preceding the sixth year of each 10-year allocation period established by Section 17(d), Article VII, Texas Constitution, the coordinating board shall conduct, with the full participation of the eligible institutions, a study and present recommendations to the Legislative Budget Board and the standing committees of the house of representatives and the senate having cognizance over legislation related to higher education as to whether and, if so, how, the equitable allocation formula established for that 10-year period should be adjusted for the last five years of the 10-year period. The coordinating board shall include in the study a survey of educational and general building quality, if the legislature provides funds for the survey. (c) The legislature shall approve, modify and approve, or reject the recommendations of the coordinating board under Subsection (a) or (b). (d) If, prior to the first day of the sixth year of a 10-year allocation period established by Section 17(d), Article VII, Texas Constitution, the Texas Legislature fails to act on a recommendation for adjustment in the equitable allocation formula, the 10-year allocation provided for in Section 62.021(a) shall continue until the end of the 10-year period. (e) No adjustment shall be made in the allocation formula that will prevent payment of both the principal and interest on outstanding bonds and notes sold pursuant to Section 17(e), Article VII, Texas Constitution. (f) A review of the allocation formula conducted by the coordinating board under this section shall include: (1) a comparison of the deferred maintenance needs of an institution of higher education and the extent to which the constitutionally dedicated funds were used to meet those needs; and (2) an evaluation of the effectiveness of the allocation formula concerning deferred maintenance needs of those institutions. Added by Acts 1985, 69th Leg., ch. 225, § 1, eff. June 3, 1985. Amended by Acts 1989, 71st Leg., ch. 1084, § 1.33, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 1045, § 3, eff. June 17, 1995; Acts 1999, 76th Leg., ch. 1467, § 1.05, eff. June 19, 1999. § 62.023. SEVERABILITY. If any provision of this chapter or the application thereof under any circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. Added by Acts 1985, 69th Leg., ch. 225, § 1, eff. June 3, 1985. § 62.024. AMOUNT OF ALLOCATION INCREASED. In accordance with Section 17(a), Article VII, Texas Constitution, for each state fiscal year beginning with the state fiscal year ending August 31, 2008, the amount of the annual constitutional appropriation under that subsection is increased to $262.5 million. Before the state fiscal year ending August 31, 2008, the amount of the annual constitutional appropriation under that subsection is $175 million. Added by Acts 1993, 73rd Leg., ch. 537, § 1, eff. Sept. 1, 1995. Amended by Acts 2005, 79th Leg., ch. 1306, § 2, eff. Sept. 1, 2005. § 62.025. DEPOSIT OF $50 MILLION. (a) Not later than November 1 of each state fiscal year, the comptroller shall deposit the first $50 million that comes to the state at the beginning of each state fiscal year and that is not dedicated by other law as follows: (1) except as provided by Subsection (e), an amount equal to the portion of the total return on all investment assets of the higher education fund in the preceding state fiscal year computed by multiplying that total return by the percentage of the total return on all investment assets of the permanent fund for tobacco education and enforcement that constitutes available earnings as determined by the comptroller under Section 403.1068, Government Code, in that year must be deposited to the credit of the research development fund established under Subchapter E; and (2) the remaining amount must be deposited to the credit of the higher education fund. (b) The comptroller may adopt rules to administer this section. (c) The deposit required by this section to the higher education fund expires on September 1 after the date the comptroller certifies that the value of the higher education fund is $2 billion. In each state fiscal year that begins on or after that date, the comptroller shall deposit to the credit of the research development fund established under Subchapter E from the first money that comes to the state at the beginning of that fiscal year an amount, not to exceed $50 million, equal to the portion of the total return on all investment assets of the higher education fund in the preceding state fiscal year computed by multiplying that total return by the percentage of the total return on all investment assets of the permanent fund for tobacco education and enforcement that constitutes available earnings as determined by the comptroller under Section 403.1068, Government Code. (d) Repealed by Acts 2003, 78th Leg., ch. 322, § 4(1). (e) An amount may not be deposited to the research development fund under this section if Subchapter E expires or is repealed or if the research development fund is abolished. (f) Expired. Added by Acts 1993, 73rd Leg., ch. 537, § 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1052, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 322, § 3, 4(1), eff. Sept. 1, 2005. § 62.026. HIGHER EDUCATION FUND. (a) The higher education fund is a fund outside the state treasury in the custody of the comptroller. (b) The fund consists of the amount deposited in the fund each state fiscal year under Section 62.025 and interest, dividends, and other income earned from the investment of the fund. (c) Distributions from the fund may be used only for the purposes provided by Article VII, Section 17(a), of the Texas Constitution. (d) The comptroller shall administer and invest the fund. In investing the fund, the comptroller has the same investment authority as that provided under Sections 11a and 11b, Article VII, Texas Constitution, or other law to the board of regents of The University of Texas System with respect to the investment of the permanent university fund. The investment authority granted to the comptroller under this subsection is in addition to that provided by Section 404.024, Government Code, or other law. The comptroller, in consultation with the presiding officers of the governing boards of the institutions eligible to benefit from the investment of the fund under Section 17, Article VII, Texas Constitution, shall invest the fund in a manner that maximizes the total return of the fund. (e) The comptroller may accept gifts or grants from any public or private source for the fund. (f) The comptroller may deduct a reasonable amount for administrative expenses from the interest, dividends, and other income earned from the investment of the fund. The amount deducted shall be deposited to the credit of the general revenue fund. (g) The comptroller shall certify the date on which the value of the fund is $2 billion and publish that certification in the Texas Register. (h) Beginning with the first state fiscal year that begins on or after the date the comptroller certifies that the value of the higher education fund is $2 billion, the comptroller, not later than November 1 of each fiscal year, shall distribute in accordance with Article VII, Section 17(i), of the Texas Constitution the interest, dividends, and other income earned from the investment of the fund, less the amount of administrative expenses deducted under Subsection (f) of this section, to the eligible institutions in accordance with the allocation formula under Section 62.021(a) of this code. Added by Acts 1993, 73rd Leg., ch. 537, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1423, § 5.15, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1235, § 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 1052, § 3, eff. Sept. 1, 2001. § 62.027. EFFECT OF LEGISLATION. (a) The constitutional amendment proposed by S.J.R. No. 13, 73rd Legislature, Regular Session, 1993, and approved by the voters at an election held on November 2, 1993, amended Section 17(a), Article VII, Texas Constitution, to permit the legislature by two-thirds vote of the membership of each house to increase the amount of the appropriation made under that section for each five-year period. (b) Chapter 537, Acts of the 73rd Legislature, Regular Session, 1993, added Section 62.024 to this subchapter in order to increase the amount of the appropriation made under Section 17(a), Article VII, Texas Constitution. (c) The increase provided by the amendment to Section 62.024 enacted by the 79th Legislature, Regular Session, 2005, in the amount of the appropriation made under Section 17(a), Article VII, Texas Constitution, for each state fiscal year beginning with the state fiscal year ending August 31, 2008, constitutes the increase in accordance with Section 17(a) that the legislature considers appropriate for the five-year period beginning September 1, 2005. Added by Acts 1995, 74th Leg., ch. 1045, § 4, eff. June 17, 1995. Amended by Acts 2005, 79th Leg., ch. 1306, § 3, eff. Sept. 1, 2005.SUBCHAPTER E. RESEARCH DEVELOPMENT FUND § 62.091. PURPOSE. The research development fund is established to provide funding to promote increased research capacity at eligible general academic teaching institutions. Added by Acts 2003, 78th Leg., ch. 322, § 2, eff. Sept. 1, 2005. § 62.092. DEFINITIONS. In this subchapter: (1) "Coordinating board" means the Texas Higher Education Coordinating Board. (2) "Eligible institution" means a general academic teaching institution, as defined by Section 61.003, other than The University of Texas at Austin, Texas A&M University, or Prairie View A&M University. Added by Acts 2003, 78th Leg., ch. 322, § 2, eff. Sept. 1, 2005. § 62.093. ADMINISTRATION. (a) The research development fund is a fund outside the state treasury in the custody of the comptroller. (b) The comptroller shall administer and invest the research development fund. Added by Acts 2003, 78th Leg., ch. 322, § 2, eff. Sept. 1, 2005. § 62.094. FUNDING. (a) The research development fund consists of the amount deposited to the credit of the fund under Section 62.025 in each state fiscal year, the amount appropriated or transferred to the credit of the fund by the legislature under Subsection (b), and any other amounts transferred to the fund under this section. (b) In each state fiscal year, the legislature may appropriate or provide for the transfer to the credit of the research development fund of an amount not less than the amount deposited to the credit of the fund under Section 62.025 in that fiscal year. (c) The comptroller shall deposit all interest, dividends, and other income earned from investment of the research development fund to the credit of the fund. (d) The comptroller may accept gifts or grants from any public or private source for the research development fund. Added by Acts 2003, 78th Leg., ch. 322, § 2, eff. Sept. 1, 2005. § 62.095. APPORTIONMENT OF FUND TO ELIGIBLE INSTITUTIONS. (a) In each state fiscal year, the comptroller shall distribute the total amount of all assets in the research development fund to eligible institutions. The amount shall be 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. (b) For purposes of Subsection (a), the amount of restricted research funds expended by an institution in a 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 under Section 62.096. Added by Acts 2003, 78th Leg., ch. 322, § 2, eff. Sept. 1, 2005. § 62.0951. APPORTIONMENT OF FUND IN 2006-2007 FISCAL BIENNIUM.Text of section effective until January 1, 2008 (a) This section applies to the apportionment of the research development fund in each state fiscal year of the state fiscal biennium ending August 31, 2007. (b) In a state fiscal year to which this section applies, if under the apportionment method prescribed by Section 62.095 an eligible institution that received money from the university research fund in the state fiscal year ending August 31, 2005, would be entitled to receive from the research development fund an amount that is less that 50 percent of the amount distributed to the institution from the university research fund in the state fiscal year ending August 31, 2005, the comptroller shall increase the amount apportioned to that institution from the research development fund to an amount equal to 50 percent of the amount distributed to the institution from the university research fund in the state fiscal year ending August 31, 2005. (c) After apportioning the amount prescribed by Subsection (b) to each eligible institution to which Subsection (b) applies, the comptroller shall apportion the remaining amount to be distributed from the research development fund in that fiscal year to the remaining eligible institutions in proportion to the amounts the institutions would be entitled to receive in that fiscal year under the apportionment method prescribed by Section 62.095. (d) This section expires January 1, 2008. Added by Acts 2003, 78th Leg., ch. 322, § 2, eff. Sept. 1, 2005. § 62.096. VERIFICATION OF ALLOCATION FACTORS. (a) For purposes of this subchapter, 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. (b) The coordinating board shall convene a committee comprised of persons designated by the presidents of eligible institutions to approve the allocations standards and accounting methods established by the coordinating board by October 1, 2003. (c) The coordinating board, as soon as practicable in each state fiscal year no later than November 1, shall provide the comptroller with verified information relating to the amounts of restricted research funds expended by eligible institutions as necessary to determine the apportionment of the research development fund under this subchapter for that fiscal year. (d) The coordinating board may audit the appropriate records of an eligible institution to verify information for purposes of this subchapter. (e) An eligible institution may appeal the coordinating board's decision regarding the institution's verified information relating to the amounts of restricted research expended to the advisory committee for final determination of eligibility. Added by Acts 2003, 78th Leg., ch. 322, § 2, eff. Sept. 1, 2005. § 62.097. USE OF 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. Added by Acts 2003, 78th Leg., ch. 322, § 2, eff. Sept. 1, 2005. § 62.098. 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. Added by Acts 2003, 78th Leg., ch. 322, § 2, eff. Sept. 1, 2005.
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