Bill Text: TX HB3525 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to creating the Texas Quality Research Leadership Authority to help Texas small businesses rapidly scale in potentially leading edge technologies and abolishing the Texas emerging technology fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-16 - Left pending in committee [HB3525 Detail]

Download: Texas-2015-HB3525-Introduced.html
  84R11798 ATP-F
 
  By: Rodriguez of Travis H.B. No. 3525
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating the Texas Quality Research Leadership
  Authority to help Texas small businesses rapidly scale in
  potentially leading edge technologies and abolishing the Texas
  emerging technology fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 4, Government Code, is amended
  by adding Chapter 482 to read as follows:
  CHAPTER 482. TEXAS QUALITY RESEARCH LEADERSHIP AUTHORITY
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 482.001.  PURPOSES. (a) The Texas Quality Research
  Leadership Authority is established under this chapter to help
  Texas small businesses rapidly scale in potentially leading edge
  technologies by:
               (1)  increasing higher education applied technology
  research capabilities;
               (2)  expediting innovation and commercialization of
  research; and
               (3)  significantly increasing this state's share of
  United States venture capital.
         Sec. 482.002.  DEFINITIONS. In this chapter:
               (1)  "Authority" means the Texas Quality Research
  Leadership Authority.
               (2)  "Fund" means the fund for the Texas Quality
  Research Leadership Authority.
               (3)  "Oversight committee" means the oversight
  committee of the Texas Quality Research Leadership Authority.
               (4)  "Stake" means a financial stake in an entity or
  project that receives funding through the authority.
         Sec. 482.003.  CONSTRUCTION OF LAW REGARDING AUTHORITY OF
  STATE AUDITOR. Nothing in this chapter limits the authority of the
  state auditor under Chapter 321 or other law.
  SUBCHAPTER B. ADMINISTRATION
         Sec. 482.051.  OVERSIGHT COMMITTEE. (a)  The oversight
  committee is composed of the following nine members:
               (1)  three members appointed by the governor;
               (2)  three members appointed by the lieutenant
  governor; and
               (3)  three members appointed by the speaker of the
  house of representatives.
         (b)  Oversight committee members serve at the pleasure of the
  appointing office for staggered six-year terms, with the terms of
  three members expiring on January 31 of each odd-numbered year.
         (c)  In making appointments to the oversight committee, the
  following persons may nominate one or more individuals who are
  industry leaders in Texas or who are nationally recognized leaders
  from Texas public or private institutions of higher education for
  appointment to the committee:
               (1)  a president of a public or private institution of
  higher education in this state;
               (2)  a representative of the governor's office involved
  with economic development activities;
               (3)  a nationally recognized expert on
  commercialization of higher education research; and
               (4)  a venture capitalist.
         (d)  A person may not be a member of the oversight committee
  if the person or the person's spouse:
               (1)  is employed by or participates in the management
  of a business entity or other organization receiving money from the
  authority;
               (2)  owns or controls, directly or indirectly, more
  than a five percent interest in a business entity or other
  organization receiving money from the authority; or
               (3)  uses or receives a substantial amount of tangible
  goods, services, or money from the authority, other than
  reimbursement authorized by this chapter for oversight committee
  membership, attendance, or expenses.
         Sec. 482.052.  CHIEF EXECUTIVE OFFICER AND CHIEF COMPLIANCE
  OFFICER. (a) The oversight committee shall hire a chief executive
  officer and a chief compliance officer.
         (b)  The chief executive officer shall perform the duties
  required by this chapter or designated by the oversight committee.
  The chief executive officer must have a demonstrated ability to
  lead and develop academic, commercial, and governmental
  partnerships and coalitions.
         (c)  The chief compliance officer must have a demonstrated
  ability to lead and provide sound financial and compliance
  management and shall:
               (1)  continuously monitor contracts;
               (2)  ensure that all award proposals, including
  proposals for a stake, comply with this chapter and rules adopted
  under this chapter before the proposals are submitted to the
  oversight committee for approval;
               (3)  establish procedures to document that the
  authority, employees of the authority, and the oversight committee
  comply with all laws and rules governing the review process and
  conflicts of interest; and
               (4)  attend and observe the meetings of the committee.
         Sec. 482.053.  DISCLOSURES. (a) A person appointed to the
  oversight committee shall disclose to the authority each political
  contribution of greater than $1,000 made by the person to a
  candidate for a state or federal office in the five years preceding
  the person's appointment and each year after the person's
  appointment until the person's term expires.  The authority
  annually shall post a report of the political contributions made by
  oversight committee members on the authority's publicly accessible
  Internet website and post a link to the report on the oversight
  committee's main Internet web page.
         (b)  Each member of the oversight committee shall file a
  verified financial statement with the Texas Ethics Commission that:
               (1)  complies with Sections 572.022 through 572.0252 as
  is required of a state officer under those sections;
               (2)  is confidential and is not subject to disclosure
  under Chapter 552, including information derived from the financial
  statements; and
               (3)  can be provided in the normal course of official
  business by the oversight committee to the state auditor.
         (c)  This section does not affect release of information for
  legislative purposes under Section 552.008.
         Sec. 482.054.  ETHICS POLICY AND TRAINING. (a) The
  oversight committee shall adopt and enforce an ethics policy that
  provides standards of conduct relating to the management and
  investment of the funds in this chapter. The ethics policy must
  include provisions that address the following issues as applicable
  to the management and investment of the funds and to persons
  responsible for managing and investing the funds:
               (1)  general ethical standards;
               (2)  conflicts of interest;
               (3)  prohibited transactions and interests;
               (4)  the acceptance of gifts and entertainment;
               (5)  compliance with applicable professional
  standards;
               (6)  ethics training; and
               (7)  compliance with and enforcement of the ethics
  policy.
         (b)  The ethics policy must include provisions applicable
  to:
               (1)  members of the oversight committee;
               (2)  the chief executive officer and chief compliance
  officer;
               (3)  employees of the authority; and
               (4)  any person who provides services to the authority.
         (c)  Not later than the 45th day before the date on which the
  oversight committee intends to adopt a proposed ethics policy or an
  amendment to or revision of an adopted ethics policy, the oversight
  committee shall submit a copy of the proposed policy, amendment, or
  revision to the Texas Ethics Commission and the state auditor for
  review and comments. The oversight committee shall consider any
  comments from the commission or state auditor before adopting the
  proposed policy.
         (d)  The provisions of the ethics policy that apply to a
  person who provides services to the committee relating to the
  management or investment of the funds must be based on the Code of
  Ethics and the Standards of Professional Conduct prescribed by the
  Chartered Financial Analysts Institute or other ethics standards
  adopted by another appropriate professionally recognized entity.
         (e)  The oversight committee shall ensure that applicable
  provisions of the ethics policy are included in any contract under
  which a person provides services to the committee relating to the
  management and investment of the funds.
         Sec. 482.055.  OVERSIGHT COMMITTEE OFFICERS. (a) The
  oversight committee shall elect a presiding officer and assistant
  presiding officer from among its members every two years.  The
  oversight committee may elect additional officers from among its
  members.
         (b)  The presiding officer and assistant presiding officer
  may not serve in the position for more than one consecutive term.
         (c)  The oversight committee shall:
               (1)  establish and approve duties and responsibilities
  for officers of the committee; and
               (2)  develop and implement policies that distinguish
  the responsibilities of the oversight committee and the committee's
  officers from the responsibilities of the chief executive officer
  and the employees of the authority.
         Sec. 482.056.  MINUTES. (a)  The oversight committee shall
  keep minutes of each meeting at which applications or funding are
  evaluated. The minutes must:
               (1)  include the name of each applicant recommended to
  the committee for funding; and
               (2)  indicate the vote of each member of the oversight
  committee, including any recusal by a member and the member's
  reason for recusal, with regard to each application reviewed.
         (b)  The oversight committee shall retain a copy of the
  minutes of each meeting to which this section applies for at least
  three years.
         Sec. 482.057.  SUNSET PROVISION.  The Texas Quality Research
  Leadership Authority is subject to Chapter 325, Government Code
  (Texas Sunset Act).  Unless continued in existence as provided by
  that chapter, the authority is abolished September 1, 2023.
  SUBCHAPTER C.  FUND FOR TEXAS QUALITY RESEARCH LEADERSHIP AUTHORITY
         Sec. 482.101.  TEXAS QUALITY RESEARCH LEADERSHIP AUTHORITY.
  (a)  The fund for the Texas Quality Research Leadership Authority is
  a dedicated account in the general revenue fund.
         (b)  The following amounts shall be deposited in the fund:
               (1)  any amounts appropriated by the legislature for
  the fund;
               (2)  benefits realized from a project undertaken with
  money from the fund, as provided by a contract entered into under
  Section 482.103;
               (3)  gifts, grants, and other donations received for
  the fund; and
               (4)  interest earned on the investment of money in the
  fund.
         (c)  The fund may be used only for:
               (1)  the purposes described in Section 482.001; and
               (2)  necessary staff and administration of the fund,
  including administration by the oversight committee.
         (d)  The oversight committee may solicit and accept gifts and
  grants for the fund from public and private entities.
         (e)  The administration of the authority is to be conducted
  by the oversight committee. The committee may negotiate on behalf
  of the state regarding stakes from the fund. The committee may
  award money appropriated from the fund only with the approval of a
  majority of the oversight committee.
         (f)  For purposes of Subsection (e), an award of a stake
  appropriated from the fund is considered disapproved if the
  oversight committee does not approve the proposal to award funding
  before the 31st day after the date of receipt of the proposal. The
  oversight committee may extend the review deadline for an
  additional 14 days through written record before the expiration of
  the initial review period.
         (g)  Before making an award under this subchapter, the
  oversight committee shall enter into a contract with the entity to
  receive the award. A contract may specify that:
               (1)  if all or any portion of the amount of the award is
  used to build a capital improvement:
                     (A)  the state retains a lien or other interest in
  the capital improvement in proportion to the percentage of the
  award amount used to pay for the capital improvement; and
                     (B)  the recipient of the award shall, if the
  capital improvement is sold:
                           (i)  repay to the state the award used to pay
  for the capital improvement, with interest at the rate and
  according to the other terms provided by the contract; and
                           (ii)  share with the state a proportionate
  amount of any profit realized from the sale; and
               (2)  if, as of a date certain provided in the contract,
  the award recipient has not used the award received under this
  subchapter for the purposes for which the award was intended, the
  recipient shall repay that amount and any related interest
  applicable under the contract to the state at the agreed rate and on
  the agreed terms.
         (h)  The oversight committee may make awards in the form of
  loans, charge and receive reasonable interest for the loans, take a
  stake in the form of stock or other security in consideration of an
  award, and sell or otherwise trade or exchange the security for the
  benefit of the fund. Interest or proceeds received as a result of a
  transaction authorized by this subsection shall be deposited to the
  corpus of the fund and may be used in the same manner as the corpus
  of the fund.
         (i)  The contract between the oversight committee and a
  recipient of an award under this subchapter may set the terms
  relating to an award.
         Sec. 482.102.  EXPEDITING INNOVATION AND COMMERCIALIZATION.
  (a) The oversight committee shall establish financial stakes in
  entities from the fund as provided by this subchapter through peer
  review and evaluation processes established by the committee.
         (b)  Before the oversight committee may establish a
  financial stake in an entity, the entity shall obtain and provide
  the following information to the committee:
               (1)  a federal criminal history background check for
  each principal of the entity;
               (2)  a state criminal history background check for each
  principal of the entity;
               (3)  a credit check for each principal of the entity;
               (4)  a copy of a government-issued form of photographic
  identification for each principal of the entity; and
               (5)  information regarding whether the entity or a
  principal of the entity has ever been subject to a sanction imposed
  by the Securities and Exchange Commission for a violation of
  applicable federal law.
         (c)  For purposes of Subsection (b), "principal" means:
               (1)  an officer of an entity; or
               (2)  a person who has at least a 10 percent ownership
  interest in an entity.
         Sec. 482.103.  GUARANTEE OF COMMERCIALIZATION OR
  MANUFACTURING IN TEXAS. An entity receiving money from the fund
  under this subchapter must guarantee by contract that a substantial
  percentage of any new or expanded commercialization or
  manufacturing resulting from the award will be established in this
  state.
         Sec. 482.104.  ALLOCATION OF PROCEEDS. (a) The contract
  between the oversight committee and a recipient of an award under
  this subchapter shall provide for the distribution of royalties,
  revenue, or other financial benefits realized from the
  commercialization of intellectual or real property developed from
  any award from the fund. To the extent authorized by law and not in
  conflict with another agreement, the contract shall appropriately
  allocate by assignment, licensing, or other means the royalties,
  revenue, or other financial benefits among identifiable
  collaborating parties and in a specified percentage to this state
  for deposit in the fund.
         (b)  The contract under Subsection (a) shall also specify
  other matters considered necessary by the oversight committee.
         Sec. 482.105.  COMMERCIALIZATION ACTIVITIES; USE OF MONEY
  FOR INCENTIVES. An amount determined by the oversight committee
  allocated from the fund for use as provided by this subchapter shall
  be reserved for incentives for private or nonprofit entities to
  collaborate with research institutions in this state or private
  institutions of higher education in this state on emerging
  technology projects with a demonstrable economic benefit to this
  state.
         Sec. 482.106.  PRIORITY FOR FUNDING. In allocating money
  from the fund under this subchapter, priority shall be given to
  proposals that:
               (1)  involve emerging scientific or technology fields
  that have a reasonable probability of enhancing this state's
  national and global economic competitiveness;
               (2)  may result in a medical or scientific breakthrough
  or a breakthrough in the area of clean energy;
               (3)  are collaborative between any combination of
  private or nonprofit entities and public or private agencies or
  institutions in this state;
               (4)  are matched with other available funds, including
  funds from the private or nonprofit entity, research institution,
  or private institution of higher education collaborating on the
  project; or
               (5)  have a demonstrable economic development benefit
  to this state.
         Sec. 482.107.  TEXAS TARGETED TECHNOLOGY CLUSTERS. (a)  A
  Texas targeted technology cluster industry participant is eligible
  for a stake if the activity to be funded:
               (1)  will stimulate long-term sustained growth and
  result in the creation of high-quality jobs in Texas, immediately
  or over the longer period; or
               (2)  has the potential to result in a scientific or
  manufacturing breakthrough.
         (b)  A Texas targeted technology cluster industry includes
  industries related to:
               (1)  advanced technologies and manufacturing;
               (2)  aerospace and defense;
               (3)  biotechnology and life sciences;
               (4)  information, computer technology, and
  semiconductors;
               (5)  petroleum refining and chemical processes;
               (6)  energy; or
               (7)  manufactured energy, nanotechnology, and
  microelectromechanical systems.
         Sec. 482.108.  AUTHORIZED EXPENSES. (a) An entity
  receiving money from the fund under this subchapter may use the
  money to expedite commercialization that will lead to an increase
  in high-quality jobs in this state and shall use the money in
  accordance with a contract between the entity and the oversight
  committee.
         (b)  Authorized expenses under this section include salaries
  and benefits, travel, consumable supplies, other operating
  expenses, contracted research and development, capital equipment,
  construction or renovation of state or private facilities, and
  workforce training.
  SUBCHAPTER D. REPORTING AND ACCOUNTABILITY
         Sec. 482.151.  ANNUAL REPORT. (a)  Not later than January 31
  of each year, the oversight committee shall submit to the governor,
  the lieutenant governor, the speaker of the house of
  representatives, and the standing committee of each house of the
  legislature with primary jurisdiction over economic development
  matters a report that includes the following information regarding
  awards, including commercialization stakes, made under the fund
  during each preceding state fiscal year:
               (1)  the total number and amount of awards, including
  stakes made;
               (2)  the aggregate total of private sector investment,
  federal government funding, and contributions from other sources
  obtained in connection with awards, including stakes;
               (3)  the name of each award recipient and the amount of
  the stake or other award; and
               (4)  a brief description of the stake that the
  oversight committee, on behalf of the state, may take in award
  recipients receiving stakes.
         (b)  The annual report must also contain:
               (1)  the total number of jobs created by each award,
  including each stake receiving funding;
               (2)  an analysis of the number of jobs created by each
  award, including each stake receiving funding;
               (3)  an estimate of additional sales, property, and
  related taxes paid by the recipients of the state's stakes; and
               (4)  a brief description regarding:
                     (A)  the methodology used to determine the
  information provided under Subdivisions (1) and (2), which may be
  developed in consultation with the office of the governor;
                     (B)  the intended outcomes of projects in which
  the state has a stake; and
                     (C)  the actual outcomes of all projects funded in
  this chapter, including any financial impact on the state resulting
  from a liquidity event involving a business entity whose project
  was funded under this chapter.
         Sec. 482.152.  VALUATION OF INVESTMENTS. (a) To the maximum
  extent practicable, the oversight committee shall annually perform
  a valuation of the stakes taken by the oversight committee in
  recipients receiving awards under this chapter.
         (b)  The valuation must be:
               (1)  based on a methodology that:
                     (A)  may be developed in consultation with the
  office of the governor; and
                     (B)  is consistent with generally accepted
  accounting principles; and
               (2)  included with the annual report under this
  subchapter.
         Sec. 482.153.  CONFIDENTIALITY. (a) Except as provided by
  Subsection (b), information collected by the oversight committee or
  the committee's designees concerning the identity, background,
  finance, marketing plans, trade secrets, or other commercially or
  academically sensitive information of an entity being considered
  for, receiving, or having received an award from the fund is
  confidential unless the entity consents to disclosure of the
  information.
         (b)  The following information collected by the oversight
  committee or the committee's designees under this chapter is public
  information and may be disclosed under Chapter 552:
               (1)  the name and address of an entity receiving or
  having received an award from the fund;
               (2)  the amount of any stake received by an award
  recipient;
               (3)  a brief description of the project that is funded
  under this chapter;
               (4)  if applicable, a brief description of the stake
  that the oversight committee, on behalf of the state, has taken in
  an entity that has received an award from the fund; and
               (5)  any other information designated by the committee
  with the consent of the entity receiving or having received an award
  from the fund, as applicable.
         SECTION 2.  The heading to Chapter 490, Government Code, is
  amended to read as follows:
  CHAPTER 490. PROVISIONS RELATING TO FORMER TEXAS [FUNDING FOR]
  EMERGING TECHNOLOGY FUND
         SECTION 3.  Sections 490.001(2) and (4), Government Code,
  are amended to read as follows:
               (2)  "Fund" means the former Texas emerging technology
  fund.
               (4)  "Award" means:
                     (A)  for purposes of former Subchapter D, an
  investment in the form of equity or a convertible note;
                     (B)  for purposes of former Subchapter E, an
  investment in the form of a debt instrument;
                     (C)  for purposes of former Subchapter F, a grant;
  or
                     (D)  other forms of contribution or investment as
  recommended by the committee and approved by the governor,
  lieutenant governor, and speaker of the house of representatives
  before amendment of this chapter by the 84th Legislature, Regular
  Session, 2015.
         SECTION 4.  The heading to Section 490.005, Government Code,
  is amended to read as follows:
         Sec. 490.005.  REPORT ON AWARDS FROM FORMER FUND [ANNUAL
  REPORT].
         SECTION 5.  Section 490.005, Government Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  Not later than January 31, 2016 [of each year], the
  governor shall submit to the lieutenant governor, the speaker of
  the house of representatives, and the standing committee of each
  house of the legislature with primary jurisdiction over economic
  development matters and post on the office of the governor's
  Internet website a report that includes for each preceding state
  fiscal year the following information regarding awards made under
  the fund [during each preceding state fiscal year]:
               (1)  the total number and amount of awards made;
               (2)  the number and amount of awards made under former 
  Subchapters D, E, and F;
               (3)  the aggregate total of private sector investment,
  federal government funding, and contributions from other sources
  obtained in connection with awards made under each of the
  subchapters listed in Subdivision (2);
               (4)  the name of each award recipient and the amount of
  the award made to the recipient; and
               (5)  a brief description of the equity position that
  the governor, on behalf of the state, has taken [may take] in
  companies that received [receiving] awards and the names of the
  companies in which the state has taken an equity position.
         (b)  The [annual] report must also contain:
               (1)  the total number of jobs actually created by each
  project that received an award from the fund [receiving funding
  under this chapter];
               (2)  an analysis of the number of jobs actually created
  by each project that received an award from the fund [receiving
  funding under this chapter]; and
               (3)  a brief description regarding:
                     (A)  the methodology used to determine the
  information provided under Subdivisions (1) and (2), which may be
  developed in consultation with the comptroller's office;
                     (B)  the intended outcomes of projects funded
  under former Subchapter D [during each preceding state fiscal
  year]; and
                     (C)  the actual outcomes of all projects funded
  under former Subchapter D [during each preceding state fiscal
  year], including any financial impact on the state resulting from a
  liquidity event involving a company whose project was funded under
  that subchapter.
         (d)  This section expires September 1, 2017.
         SECTION 6.  Section 490.006, Government Code, is amended to
  read as follows:
         Sec. 490.006.  VALUATION OF INVESTMENTS; [INCLUSION IN]
  ANNUAL REPORT. (a)  To the maximum extent practicable, the office
  of the governor shall [annually] perform a valuation of the equity
  positions taken by the governor, on behalf of the state, in
  companies that received [receiving] awards under the fund and of
  other investments made by the governor, on behalf of the state, in
  connection with an award under the fund. The valuation must[:
               [(1)]  be based on a methodology that:
               (1) [(A)]  may be developed in consultation with the
  comptroller's office; and
               (2) [(B)]  is consistent with generally accepted
  accounting principles[; and
               [(2)     be included with the annual report required under
  Section 490.005].
         (b)  This section expires September 1, 2017.
         SECTION 7.  The heading to Subchapter B, Chapter 490,
  Government Code, is amended to read as follows:
  SUBCHAPTER B. MISCELLANEOUS PROVISIONS [TEXAS EMERGING TECHNOLOGY
  ADVISORY COMMITTEE]
         SECTION 8.  Section 490.057, Government Code, is amended to
  read as follows:
         Sec. 490.057.  CONFIDENTIALITY. (a)  Except as provided by
  Subsection (b), information collected by the governor's office, the
  former Texas Emerging Technology Advisory Committee [committee],
  or the committee's advisory panels concerning the identity,
  background, finance, marketing plans, trade secrets, or other
  commercially or academically sensitive information of an
  individual or entity that was [being] considered for or [,
  receiving, or having] received an award from the fund is
  confidential unless the individual or entity consents to disclosure
  of the information.
         (b)  The following information collected by the governor's
  office, the former Texas Emerging Technology Advisory Committee
  [committee], or the committee's advisory panels under this chapter
  is public information and may be disclosed under Chapter 552:
               (1)  the name and address of an individual or entity
  that [receiving or having] received an award from the fund;
               (2)  the amount of funding received by an award
  recipient;
               (3)  a brief description of the project [that is]
  funded under this chapter;
               (4)  if applicable, a brief description of the equity
  position that the governor, on behalf of the state, has taken in an
  entity that [has] received an award from the fund; and
               (5)  any other information designated by the committee
  with the consent of:
                     (A)  the individual or entity that [receiving or
  having] received an award from the fund[, as applicable];
                     (B)  the governor;
                     (C)  the lieutenant governor; and
                     (D)  the speaker of the house of representatives.
         SECTION 9.  Section 50D.013(a), Agriculture Code, is amended
  to read as follows:
         (a)  The policy council shall:
               (1)  provide a vision for unifying this state's
  agricultural, energy, and research strengths in a successful launch
  of a cellulosic biofuel and bioenergy industry;
               (2)  foster development of cellulosic-based and
  bio-based fuels and build on the former Texas emerging technology
  fund's investments in leading-edge energy research and efforts to
  commercialize the production of bioenergy;
               (3)  pursue the creation of a next-generation biofuels
  energy research program at a university in this state;
               (4)  work to procure federal and other funding to aid
  this state in becoming a bioenergy leader;
               (5)  study the feasibility and economic development
  effect of a blending requirement for biodiesel or cellulosic fuels;
               (6)  pursue the development and use of thermochemical
  process technologies to produce alternative chemical feedstocks;
               (7)  study the feasibility and economic development of
  the requirements for pipeline-quality, renewable natural gas; and
               (8)  perform other advisory duties as requested by the
  commissioner regarding the responsible development of bioenergy
  resources in this state.
         SECTION 10.  Section 203.021(e), Labor Code, is amended to
  read as follows:
         (e)  Money in the compensation fund may not be transferred to
  the[:
               [(1)]  Texas Enterprise Fund created under Section
  481.078, Government Code[; or
               [(2)     Texas emerging technology fund established under
  Section 490.101, Government Code].
         SECTION 11.  The following laws are repealed:
               (1)  Sections 490.001(1), (3), and (5), Government
  Code;
               (2)  Sections 490.002 and 490.003, Government Code;
               (3)  Sections 490.051, 490.052, 490.0521, 490.053,
  490.054, 490.055, and 490.056, Government Code; and
               (4)  Subchapters C, D, E, F, and G, Chapter 490,
  Government Code.
         SECTION 12.  (a) On September 1, 2015, the Texas emerging
  technology fund is abolished and the balance of the fund is
  transferred to the general revenue fund and may be used in
  accordance with legislative appropriation, except as provided by
  Subsections (c) and (d) of this section.
         (b)  The abolition by this Act of the Texas emerging
  technology fund and the repeal of provisions of Chapter 490,
  Government Code, relating to that fund do not affect the validity of
  an agreement between the governor and an award recipient or a person
  to be awarded money that is entered into under Chapter 490 before
  September 1, 2015.
         (c)  Money that was deposited in the Texas emerging
  technology fund as a gift, grant, or donation under Chapter 490,
  Government Code, and that is encumbered by the specific terms of the
  gift, grant, or donation may be spent only in accordance with the
  terms of the gift, grant, or donation.
         (d)  Money from the Texas emerging technology fund that is
  encumbered because the money is awarded or otherwise obligated by
  agreement before September 1, 2015, but under the terms of the award
  or agreement will not be distributed until a later date shall be
  distributed in accordance with the terms of the award or agreement.
  If the governor determines that the money will not be distributed in
  accordance with the terms of the award or agreement, the governor
  shall certify that fact to the comptroller. On that certification,
  the comptroller shall make that money available in the general
  revenue fund to be used in accordance with legislative
  appropriation.
         (e)  On or after the effective date of this Act, the
  following payments or other amounts shall be sent to the
  comptroller for deposit to the general revenue fund:
               (1)  any royalties, revenues, and other financial
  benefits realized from a project undertaken with money from the
  Texas emerging technology fund, as provided by a contract entered
  into under Section 490.103 or 490.302, Government Code;
               (2)  interest earned on the investment of money in the
  Texas emerging technology fund;
               (3)  any interest or proceeds received as a result of a
  transaction authorized by Section 490.101, Government Code; and
               (4)  any fund money returned by an entity that fails to
  perform an action guaranteed by a contract entered into under
  Section 490.154 or 490.203, Government Code.
         SECTION 13.  A regional center of innovation and
  commercialization established under Section 490.152, Government
  Code, is abolished on the effective date of this Act.  Each center
  shall transfer to the office of the governor a copy of any meeting
  minutes required to be retained under Section 490.1521, Government
  Code, as that section existed immediately before that section's
  repeal by this Act, and the office shall retain the minutes for the
  period prescribed by that section.
         SECTION 14.  On September 1, 2015, the Texas Emerging
  Technology Advisory Committee established under Subchapter B,
  Chapter 490, Government Code, is abolished.
         SECTION 15.  If a conflict exists between this Act and
  another Act of the 84th Legislature, Regular Session, 2015, that
  relates to the Texas emerging technology fund, this Act controls
  without regard to the relative dates of enactment.
         SECTION 16.  This Act takes effect September 1, 2015.
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