Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. The purpose of this program is
to provide matching funds to assist eligible public institutions in leveraging
private gifts for the enhancement of research productivity and faculty
recruitment.
(b) Authority.
(1) Texas Education Code, §
62.122, establishes
the Texas Research Incentive Program to provide matching funds to assist
eligible public institutions in leveraging private gifts for the enhancement of
research productivity and faculty recruitment.
(2) Texas Education Code, §
62.123, establishes
the rate of matching and authorizes the Board, to establish procedures for the
certification of gifts.
(3) Texas
Education Code, §
62.124, authorizes the
Board, to adopt rules for the administration of the program.
(c) Definitions.
(1) Administrative Correction--The submission
of supplemental information or supporting financial documentation to verify
that the gift as submitted is restricted to research purposes that meet the
requirements of an eligible gift.
(2) Board--The governing body of the agency
known as the Texas Higher Education Coordinating Board.
(3) Bundled Gifts--Gifts from the same
private source that are combined to determine eligibility for matching grants.
All component gifts of a bundled gift must have deposit dates within ten (10)
calendar days of the first deposit.
(4) Certification--Board approval of the date
of deposit of a gift and its qualification as an eligible gift for purposes of
matching grants.
(5) Coordinating
Board--The agency known as the Texas Higher Education Coordinating Board,
including agency staff.
(6)
Coordinating Board Staff or Board Staff--Agency staff acting under the
direction of the Board and the Commissioner.
(7) Date of Certification--The date of the
Board meeting upon which certification occurs.
(8) Date of Deposit--The date the institution
receives cash or receives all proceeds of converting a non-cash gift to cash.
For gifts that are converted to cash over multiple days, the date of deposit is
when the entire gift has been converted to cash and received by the
institution. A single gift of stocks or bonds that cannot be sold on a single
day may be eligible if the sales are concluded and the proceeds are deposited
in the institution's account within ten (10) calendar days from the start of
sales.
(9) Date of Receipt--The
date the Coordinating Board receives the TRIP application for matching
grants.
(10) Donor Agreement
Form--A form approved by the Commissioner that is required as part of the
application for TRIP matching grants.
(11) Eligible Gifts --Cash or an endowment to
an eligible public institution from private sources in a state fiscal year for
the purpose of enhancing research activities at the institution, including for
endowed chairs, professorships, research facilities, research equipment,
program costs, graduate research stipends or fellowships, or undergraduate
research. Gifts or endowments that are not cash, including those listed in
Texas Education Code, §
62.121(2),
must be converted to cash before they can be submitted as an eligible gift.
These include gifts that are bundled from a private source.
(12) Eligible Public Institution--An
institution of higher education designated as an emerging research university
under the Coordinating Board's Accountability System or a university affiliated
entity of an emerging research university.
(13) Ineligible Gifts--A gift that is not an
eligible gift under paragraph (11) of this subsection, which may include the
following:
(A) A gift or a bundled gift that
is less than $100,000;
(B) A gift
that has been pledged but has not been received by the institution;
(C) A gift for undergraduate scholarships or
undergraduate financial aid grants;
(D) Any portion in excess of $10 million of
gifts or endowments received from a single source in a state fiscal
year;
(E) A gift that is bundled by
a university-affiliated entity;
(F)
In-kind gifts or discounts;
(G) A
gift for which an institution has made a commitment of resources or services to
the benefit of the donor other than the use of the gift in the manner the donor
specifies; or
(H) A gift not
originally donated for research purposes.
(14) Internal Review Committee--Coordinating
Board staff authorized by the Commissioner to review TRIP applications and
provide a recommendation on the eligibility of TRIP applications to the
Board.
(15) Matching Grant--State
appropriations used to match eligible gifts in the program and administered by
the Coordinating Board.
(16) Peer
Review--The review of all institutional applications by representatives from
each eligible public institution for eligibility criteria, including date of
deposit and research enhancing activities. Institutions report any challenges
of eligibility to the Internal Review Committee.
(17) Private Sources--Any individual or
entity that cannot levy taxes and is not directly supported by tax
funds.
(18) Program--The Texas
Research Incentive Program (TRIP) established under Texas Education Code,
Chapter 62, Subchapter F.
(19)
University-Affiliated Entity--An entity whose sole purpose is to support the
mission or programs of the university.
(d) Matching Grants. Eligible gifts will be
matched at the following rates:
(1) 50 percent
of the amount if the amount of a gift or endowment made by a donor on a certain
date is at least $100,000, but not more than $999,999;
(2) 75 percent of the amount if the amount of
a gift or endowment made by a donor on a certain date is at least $1 million
but not more than $1,999,999; or
(3) 100 percent of the amount if the amount
of a gift or endowment made by a donor on a certain date is $2 million but not
more than $10 million.
(e) Distribution of Matching Grants.
(1) The Coordinating Board will distribute
matching grants in order of the date of certification.
(2) If there are insufficient appropriations
to provide matching grants for eligible gifts with the same date of
certification, the Coordinating Board shall fund those eligible gifts in
chronological order of their date of receipt, and any remaining unmatched
eligible gifts shall be eligible for matching grants in the following fiscal
years using funds appropriated to the program, to the extent funds are
available.
(f)
Application Requirements. An institution may only submit an eligible gift via
application to the Coordinating Board to be certified by the Board as eligible
for state matching funds.
(1) The application
must contain the following information:
(A)
Written documentation from the institution verifying the amount, date of
deposit, and source of the gift. Acceptable documentation includes transaction
receipts and statements from the institution's bank that identify the donor,
recipient institution, amount of the transaction, and date of the
transaction.
(B) A copy of the
fully executed donor agreement form provided by the Coordinating Board
describing the purpose and the restrictions of the gift meeting the definition
of eligible gifts, including the following information:
(i) The description of the purpose shall
describe how the gift would be used.
(ii) Gifts that are made as part of a pledge
series may use the first signed donor agreement for subsequent gifts in that
pledge series provided that the purpose is the same and a schedule of pledged
gifts is provided using the pledge schedule template provided by the
Coordinating Board.
(2) Applications shall exclude portions of a
gift that do not meet the requirements of an eligible gift.
(3) An institution shall submit the
applications electronically and shall include two versions of the application,
one with and one without redactions of personally identifiable information or
other information that is confidential by law. The redacted copy will be made
available to all eligible public institutions for the purpose of eligibility
peer review.
(4) The Coordinating
Board may request administrative corrections to facilitate review of
applications.
(5) Each institution
shall provide all information to the Coordinating Board within sixty (60) days
of the date of deposit.
(g) Returned Gifts. If an eligible
institution returns any portion of an eligible gift to the donor or the gift is
no longer eligible for matching grants, the institution shall take the
following actions within thirty (30) days of the change:
(1) If the institution has not yet received a
matching grant for the eligible gift, the institution shall notify the
Coordinating Board as to the amount and date of the change to withdraw the gift
or portion of the gift; and
(2) If
the institution has received a matching grant for the eligible gift, the
institution shall notify the Coordinating Board as to the amount and date of
the change and repay the matching grant to the Coordinating Board. If only a
portion of the gift is no longer eligible for matching, the institution may
only retain the portion of the match that corresponds to the portion of the
gift that remains eligible for matching.
(h) Application Review. Periodically, but at
a minimum twice in a fiscal year, the Coordinating Board shall facilitate the
review of submitted applications for TRIP matching grants. Coordinating Board
staff shall anticipate beginning the review in the first and third quarter of a
fiscal year; however, the Commissioner may delay a cycle if warranted, The
Internal Review Committee shall facilitate the following:
(1) The Internal Review Committee shall make
applications that have not yet been reviewed available to all eligible
institutions so that they may submit peer review of a gift's eligibility. The
Internal Review Committee shall provide no less than thirty (30) calendar days
for the peer review.
(2) The
Internal Review Committee shall, after receiving the peer review
recommendations, recommend a preliminary determination on the eligibility of
applications. The preliminary determination may find that only a portion of the
gift is eligible for matching grants. The Coordinating Board shall communicate
this determination to all eligible public institutions.
(3) Each institution shall have no less than
thirty (30) calendar days from receipt of preliminary determinations to submit
an appeal to the Internal Review Committee regarding a preliminary
determination not to fund an application. An institution may provide corrective
or explanatory information in their appeal which may include administrative
corrections.
(4) The Commissioner
shall review and recommend a decision on appealed applications.
(i) Certification. The
applications recommended for approval by the Internal Review Committee and the
Commissioner's decisions on appealed applications shall be presented at a
quarterly meeting of the Board. The Board shall make the final determination of
certification for each eligible gift. The Board may find only a portion of the
gift to be eligible for matching grants. Certified eligible gifts shall be
added to the queue for state matching grants in chronological order by date of
certification.