CHAPTER 143. ADVANCED TECHNOLOGY PROGRAM

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE H. RESEARCH IN HIGHER EDUCATION

CHAPTER 143. ADVANCED TECHNOLOGY PROGRAM

Sec. 143.001. DEFINITIONS. In this chapter:

(1) "Applied research" means research directed at gaining the

knowledge or understanding necessary to meet a specific and

recognized need, including the discovery of new scientific

knowledge that has specific objectives relating to products or

processes.

(2) "Coordinating board" has the meaning assigned by Section

141.001 of this code.

(3) "Eligible institution" has the meaning assigned to public

institutions of higher education under Section 61.003(8) of this

code and private institutions eligible to grant degrees in the

state as defined in the same manner.

(4) "Technology program" means the advanced technology program

established under this chapter.

(5) "Faculty member" means a person who is tenured or in a

tenure track position or a research professional employed by an

eligible institution.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 3.08, eff. June 20,

1987.

Sec. 143.002. ESTABLISHMENT; PURPOSE. (a) It is essential to

the state's economic growth that it exploit the potential of

technology to advance the development and growth of technology

and that industry be promoted and expanded. The advanced

technology program is established as a means to accomplish this

purpose.

(b) Providing appropriated funds to faculty members of public

and private institutions of higher education to conduct applied

research is important to the state's welfare and, consequently,

is an important public purpose for the expenditure of public

funds because the applied research will enhance the state's

economic growth by:

(1) educating the state's scientists and engineers;

(2) creating new products and production processes; and

(3) contributing to the application of science and technology to

state businesses.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 3.08, eff. June 20,

1987.

Sec. 143.003. PRIORITY RESEARCH AREAS. The technology program

may provide support for faculty members to conduct research in

areas determined by an advisory panel appointed by the

coordinating board. Initial research areas shall include:

agriculture, biotechnology, biomedicine, energy, environment,

materials science, microelectronics, aerospace, marine science,

aquaculture, telecommunications, manufacturing science,

environmental issues affecting the Texas-Mexico border region,

the reduction of industrial, agricultural, and domestic water

use, recycling, and related disciplines. The advisory panel may

add or delete priority research areas as the panel considers

warranted.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 3.08, eff. June 20,

1987. Amended by Acts 1989, 71st Leg., ch. 621, Sec. 1, eff. June

14, 1989; Acts 1991, 72nd Leg., ch. 303, Sec. 12, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 876, Sec. 2, eff. Aug. 30, 1993;

Acts 1999, 76th Leg., ch. 1500, Sec. 2, eff. June 19, 1999.

Sec. 143.004. ADMINISTRATION; GUIDELINES AND PROCEDURES. (a)

The coordinating board shall administer the technology program.

(b) The coordinating board shall determine whether a public or

private institution of higher education authorized to grant

degrees in this state qualifies as an eligible institution for

the purposes of this chapter. To be designated as an eligible

institution, an institution of higher education must demonstrate

exceptional capability to attract federal, state, and private

funding for scientific and technical research and have an

exceptionally strong research staff and the necessary equipment

and facilities.

(c) The coordinating board shall appoint an advisory committee

that consists of experts in the priority research areas to advise

the coordinating board regarding the board's development of

research priorities, guidelines, and procedures for the selection

of specific projects at eligible institutions.

(d) The guidelines and procedures developed by the coordinating

board under Subsection (c) of this section shall provide for

awards on a competitive, peer review basis for specific projects

at eligible institutions. The coordinating board shall encourage

projects that leverage funds from other sources and projects that

propose innovative, collaborative efforts:

(1) across academic disciplines;

(2) among two or more eligible institutions; or

(3) between an eligible institution or institutions and private

industry.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 3.08, eff. June 20,

1987.

Sec. 143.005. FUNDS. (a) The technology program is funded by

appropriations and by gifts, grants, and donations made for that

purpose.

(b) From funds appropriated for the program, the comptroller of

public accounts shall issue warrants to each eligible institution

in the amount certified by the coordinating board to the

comptroller.

(c) The funds for the technology program may be expended to

support particular research projects for which an award is made,

and may not be expended for the general support of ongoing

research and instruction at an eligible institution or for the

construction or remodeling of a facility.

(d) Research projects shall be reviewed and funded each

biennium.

(e) Funds appropriated for the technology program may be used to

match a grant provided by private industry for a particular

collaborative research project with an eligible institution.

(f) Supplies, materials, services, and equipment purchased with

these funds shall not be subject to the purchasing authority of

the comptroller.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 3.08, eff. June 20,

1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.89, eff. September 1, 2007.

Sec. 143.0051. APPLIED RESEARCH FOR CLEAN COAL PROJECT AND OTHER

PROJECTS FOR ELECTRICITY GENERATION. The coordinating board

shall use money available for the purpose from legislative

appropriations, including gifts, grants, and donations, to

support at one or more eligible institutions applied research

related to:

(1) the development, construction, and operation in this state

of a clean coal project, as defined by Section 5.001, Water Code;

or

(2) electricity generation using lignite coal deposits in this

state or integrated gasification combined cycle technology.

Added by Acts 2007, 80th Leg., R.S., Ch.

1246, Sec. 1, eff. June 15, 2007.

Sec. 143.006. PROGRESS REPORTS. An institution receiving funds

under this chapter shall report on the progress of the funded

research to the coordinating board not later than the date

specified by the coordinating board each year.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 3.08, eff. June 20,

1987. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 34, eff.

Sept. 1, 2003.

Sec. 143.007. MERIT REVIEW. The coordinating board shall

appoint a committee consisting of representatives of higher

education and private enterprise advanced technology research

organizations to evaluate the technology program's effectiveness

and report its findings to the coordinating board not later than

January 31 of each odd-numbered year.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 3.08, eff. June 20,

1987. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 34, eff.

Sept. 1, 2003.

Sec. 143.008. CONFIDENTIALITY. Information submitted as part of

a pre-proposal or proposal or related to the evaluation and

selection of research projects to be funded by the technology

program is confidential unless made public by coordinating board

rule.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 35, eff. Sept. 1,

2003.