The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §15.1 and §15.10, concerning rules applying to provisions related to the Texas Research Incentive Program, with changes to the proposed text as published in the August 7, 2009, issue of the Texas Register (34 TexReg 5317).

Specifically, in compliance with House Bill 51, 81st Texas Legislature, the proposed rules would establish rules regarding the Texas Research Incentive Program.

Summary of comments received:

Comment: The University of Texas System comments included a request for clarification on the following topics: eligibility of "bundled" gifts for matching funds; all gifts must have been originally donated for research purposes; and timing of matching amounts by certification date.

Response: Coordinating Board staff has made appropriate changes for clarification. In response to the comments, changes were made to §15.10(c)(1).

Comment: The University of Texas System asked what institutions will need to provide to certify eligible gifts received via credit card.

Response: Coordinating Board staff agreed that guidance was needed on the topic of credit card gifts and appropriate changes have been made to §15.10(f)(1) (proposed §15.10(d)(1)).

Comment: Texas Tech University commented: a restructuring of the rules to move definitions and authorities into the TRIP subsection of the rule to avoid confusion with the definitions of the other programs associate with the research programs; a definition for "bundled gifts"; and modifications to definitions to better fit available documentation.

Response: Coordinating Board staff made modifications to the rules to accommodate most of Texas Tech University's suggestions. In response to the comments, changes were made to §15.10(c). In addition, §15.2 is being withdrawn and incorporated into §15.10.

The new sections are adopted under the Texas Education Code, §§62.121 - 62.124.