In this chapter, “state agency” means:
(1) any department, commission, board, office, or other agency that:
(A) is in the executive branch of state government;
(B) has authority that is not limited to a geographical portion of the state; and
(C) was created by the constitution or a statute of this state; or
(2) an institution of higher education as defined by Section 61.003, Education Code, other than a public junior college or community college.