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RULE §13.122Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Advisory Committee--The Coordinating Board's Restricted Research Advisory Committee.

  (2) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

  (3) Clinical Trial Agreement--An externally sponsored agreement for the administration of a specifically mandated patient protocol (sometimes in multiple clinical sites involving other institutions), in which some costs typically are paid from patient charges or other sources.

  (4) Commissioner--Commissioner of Higher Education.

  (5) Comptroller--The Texas Comptroller of Public Accounts.

  (6) Demonstration Projects--Projects in which the primary purpose is to apply previous Research and Development findings in new settings and to demonstrate their utility.

  (7) Development--The systematic use of knowledge and understanding gained from research directed toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes.

  (8) Eligible Institution--A general academic teaching institution, as defined by Texas Education Code, §61.003, other than The University of Texas at Austin and Texas A&M University. Prairie View A&M University (PVAMU) is eligible to participate in the RDF if the university is not eligible for an appropriation from the Texas Competitive Knowledge Fund. In addition, for the state fiscal biennium ending August 31, 2017, PVAMU is eligible only if appropriations for the RDF over the state fiscal biennium for institutions that received distributions from the fund during the preceding biennium is at a level not less than the total amount of money that was appropriated for distributions to those eligible institutions in the preceding biennium.

  (9) Indirect Costs--Costs incurred for certain overhead related to administering a particular sponsored project, an instructional activity, or any other institutional activity. Indirect costs are synonymous with "facilities and administrative (F&A) costs."

  (10) Industrial Collaboration Agreements--Agreements with universities, colleges, centers, or institutes under which funds are provided for collaborative R&D activities. The activity must be sponsored by private philanthropic organizations and foundations, for-profit businesses, or individuals.

  (11) Multiple Function Awards--Awards that have multiple goals, such as research, instruction, and public service.

  (12) Other Sponsored Activities--Programs and projects financed by Federal and non-federal agencies and organizations may be R&D for RDF restricted research under certain conditions:

    (A) travel grants, only if in sole support of research activities;

    (B) support for conferences or seminars, only if in sole support of research activities;

    (C) support for projects pertaining to library collections, acquisitions, bibliographies or cataloging, only if their purpose is primarily for documented research activities; and

    (D) programs to enhance institutional resources, including computer enhancements, etc., only if their purpose is primarily for documented research activities.

  (13) Pass-throughs to Sub-recipients--External funds that are passed from one entity to a sub-recipient. The sub-recipient expends the award funds on behalf of or in connection with the pass-through entity.

  (14) Research--A systematic study directed toward fuller scientific knowledge or understanding of the subject studied.

  (15) Research and Development (R&D)--All research activities, both basic and applied, and all development activities that are supported at universities, colleges, and other non-profit institutions.

  (16) Research Development Fund (RDF)--A method of allocating funds based on institutional restricted research expenditures and established outside the state treasury to promote increased research capacity at eligible general academic teaching institutions under Texas Education Code, §§62.091 - 62.098.

  (17) Restricted Funds--Funds for which some external agency, business entity, individual, or organization has placed limitations on the uses for which the funds may be spent.

  (18) Restricted Gifts for R&D--A gift provided by an external entity (a foundation, a business, or an individual) for a specific purpose and for which:

    (A) there is documented evidence that the gift is restricted for research, such as a donor's restriction for research; or

    (B) there is separate evidence that the gift is restricted for research through:

      (i) documentation by the donor that the gift is restricted (e.g., endowed chair, fellowship); and

      (ii) more than half of the earnings are budgeted for research through the institutional accounting process.

  (19) Restricted Research Expenditure--An expenditure of funds which an external entity has placed limitations on (Restricted Funds) and for which the use of the funds qualifies as research and development.

  (20) Sponsored Instruction and Training--Specific instructional or training activity established by grant, contract, or cooperative agreement with federal, state, or local government agencies; private philanthropic organizations and foundations; for-profit businesses; or individuals. Sponsored Instruction and Training may be R&D for RDF restricted research under certain conditions:

    (A) curriculum development projects if the primary purpose of the project is developing and testing an instructional or educational model through appropriate research methodologies (i.e., data collection, evaluation, dissemination, and publication); or

    (B) activities involving the training of individuals in R&D techniques, commonly called R&D training, if such activities utilize the same facilities as other R&D activities and if such activities are not included in the instruction function. Such activities include dissertation work associated with an R&D project.

  (21) Sponsored Research and Development (Sponsored R&D)--Activity funded by grants, gifts, and/or contracts, including sponsored research contracts, that are externally awarded funds designated by the sponsor as primarily for R&D purposes. The activity must be sponsored by federal, state, or local governmental agencies; private philanthropic organizations and foundations; for-profit businesses; or individuals. Sponsored R&D includes:

    (A) awards to university faculty to support R&D activities;

    (B) competitively awarded grants and contracts funded by state appropriations specifically identified by the legislature as for research, but not state appropriations made directly to the institution for R&D through formula or special item funding;

    (C) external faculty "career awards" to support the R&D efforts of the faculty;

    (D) external funding to maintain facilities or equipment and/or operation of a center or facility that will be used for R&D

    (E) external support for the writing of books when the purpose of the writing is to publish R&D results;

    (F) the research portion of expenditures in the federal work-study program, in accordance with instructions for preparing the annual financial report that is submitted by an institution to the Comptroller after each fiscal year ends;

    (G) industrial collaboration agreements with universities, colleges, centers, or institutes may qualify as R&D if at least half of the funds are explicitly designated as research support;

    (H) clinical trial agreements in which data collection and analysis are the primary components of the institution's role in the trial, excluding costs of data collection and analysis performed by other institutions under subcontract and excluding costs that are covered by patient charges or similar sources; and

    (I) demonstration projects may be R&D only if they include a new R&D component that is at least one-half of the scope of the project.

Source Note: The provisions of this §13.122 adopted to be effective May 15, 2005, 30 TexReg 2664; amended to be effective August 26, 2009, 34 TexReg 5679; amended to be effective November 29, 2011, 36 TexReg 8014; amended to be effective November 24, 2013, 38 TexReg 8442

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