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 |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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(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 [ |
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companies that received [ |
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companies in which the state has taken an equity position. | ||
(b) The [ |
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(1) the total number of jobs actually created by each | ||
project that received an award from the fund [ |
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(2) an analysis of the number of jobs actually created | ||
by each project that received an award from the fund [ |
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(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 [ |
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(C) the actual outcomes of all projects funded | ||
under former Subchapter D [ |
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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; [ |
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ANNUAL REPORT. (a) To the maximum extent practicable, the office | ||
of the governor shall [ |
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positions taken by the governor, on behalf of the state, in | ||
companies that received [ |
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other investments made by the governor, on behalf of the state, in | ||
connection with an award under the fund. The valuation must[ |
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[ |
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(1) [ |
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comptroller's office; and | ||
(2) [ |
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accounting principles[ |
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[ |
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(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 [ |
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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 [ |
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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 [ |
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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 | ||
[ |
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is public information and may be disclosed under Chapter 552: | ||
(1) the name and address of an individual or entity | ||
that [ |
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(2) the amount of funding received by an award | ||
recipient; | ||
(3) a brief description of the project [ |
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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 [ |
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(5) any other information designated by the committee | ||
with the consent of: | ||
(A) the individual or entity that [ |
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(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[ |
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[ |
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481.078, Government Code[ |
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[ |
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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. |