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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the Texas Quality Research Leadership |
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Authority to help Texas small businesses rapidly scale in |
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potentially leading edge technologies and abolishing the Texas |
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emerging technology fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 482 to read as follows: |
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CHAPTER 482. TEXAS QUALITY RESEARCH LEADERSHIP AUTHORITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 482.001. PURPOSES. (a) The Texas Quality Research |
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Leadership Authority is established under this chapter to help |
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Texas small businesses rapidly scale in potentially leading edge |
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technologies by: |
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(1) increasing higher education applied technology |
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research capabilities; |
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(2) expediting innovation and commercialization of |
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research; and |
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(3) significantly increasing this state's share of |
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United States venture capital. |
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Sec. 482.002. DEFINITIONS. In this chapter: |
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(1) "Authority" means the Texas Quality Research |
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Leadership Authority. |
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(2) "Fund" means the fund for the Texas Quality |
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Research Leadership Authority. |
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(3) "Oversight committee" means the oversight |
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committee of the Texas Quality Research Leadership Authority. |
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(4) "Stake" means a financial stake in an entity or |
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project that receives funding through the authority. |
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Sec. 482.003. CONSTRUCTION OF LAW REGARDING AUTHORITY OF |
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STATE AUDITOR. Nothing in this chapter limits the authority of the |
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state auditor under Chapter 321 or other law. |
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SUBCHAPTER B. ADMINISTRATION |
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Sec. 482.051. OVERSIGHT COMMITTEE. (a) The oversight |
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committee is composed of the following nine members: |
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(1) three members appointed by the governor; |
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(2) three members appointed by the lieutenant |
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governor; and |
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(3) three members appointed by the speaker of the |
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house of representatives. |
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(b) Oversight committee members serve at the pleasure of the |
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appointing office for staggered six-year terms, with the terms of |
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three members expiring on January 31 of each odd-numbered year. |
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(c) In making appointments to the oversight committee, the |
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following persons may nominate one or more individuals who are |
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industry leaders in Texas or who are nationally recognized leaders |
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from Texas public or private institutions of higher education for |
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appointment to the committee: |
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(1) a president of a public or private institution of |
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higher education in this state; |
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(2) a representative of the governor's office involved |
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with economic development activities; |
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(3) a nationally recognized expert on |
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commercialization of higher education research; and |
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(4) a venture capitalist. |
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(d) A person may not be a member of the oversight committee |
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if the person or the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization receiving money from the |
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authority; |
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(2) owns or controls, directly or indirectly, more |
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than a five percent interest in a business entity or other |
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organization receiving money from the authority; or |
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(3) uses or receives a substantial amount of tangible |
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goods, services, or money from the authority, other than |
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reimbursement authorized by this chapter for oversight committee |
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membership, attendance, or expenses. |
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Sec. 482.052. CHIEF EXECUTIVE OFFICER AND CHIEF COMPLIANCE |
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OFFICER. (a) The oversight committee shall hire a chief executive |
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officer and a chief compliance officer. |
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(b) The chief executive officer shall perform the duties |
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required by this chapter or designated by the oversight committee. |
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The chief executive officer must have a demonstrated ability to |
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lead and develop academic, commercial, and governmental |
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partnerships and coalitions. |
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(c) The chief compliance officer must have a demonstrated |
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ability to lead and provide sound financial and compliance |
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management and shall: |
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(1) continuously monitor contracts; |
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(2) ensure that all award proposals, including |
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proposals for a stake, comply with this chapter and rules adopted |
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under this chapter before the proposals are submitted to the |
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oversight committee for approval; |
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(3) establish procedures to document that the |
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authority, employees of the authority, and the oversight committee |
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comply with all laws and rules governing the review process and |
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conflicts of interest; and |
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(4) attend and observe the meetings of the committee. |
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Sec. 482.053. DISCLOSURES. (a) A person appointed to the |
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oversight committee shall disclose to the authority each political |
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contribution of greater than $1,000 made by the person to a |
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candidate for a state or federal office in the five years preceding |
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the person's appointment and each year after the person's |
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appointment until the person's term expires. The authority |
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annually shall post a report of the political contributions made by |
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oversight committee members on the authority's publicly accessible |
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Internet website and post a link to the report on the oversight |
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committee's main Internet web page. |
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(b) Each member of the oversight committee shall file a |
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verified financial statement with the Texas Ethics Commission that: |
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(1) complies with Sections 572.022 through 572.0252 as |
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is required of a state officer under those sections; |
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(2) is confidential and is not subject to disclosure |
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under Chapter 552, including information derived from the financial |
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statements; and |
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(3) can be provided in the normal course of official |
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business by the oversight committee to the state auditor. |
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(c) This section does not affect release of information for |
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legislative purposes under Section 552.008. |
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Sec. 482.054. ETHICS POLICY AND TRAINING. (a) The |
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oversight committee shall adopt and enforce an ethics policy that |
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provides standards of conduct relating to the management and |
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investment of the funds in this chapter. The ethics policy must |
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include provisions that address the following issues as applicable |
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to the management and investment of the funds and to persons |
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responsible for managing and investing the funds: |
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(1) general ethical standards; |
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(2) conflicts of interest; |
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(3) prohibited transactions and interests; |
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(4) the acceptance of gifts and entertainment; |
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(5) compliance with applicable professional |
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standards; |
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(6) ethics training; and |
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(7) compliance with and enforcement of the ethics |
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policy. |
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(b) The ethics policy must include provisions applicable |
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to: |
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(1) members of the oversight committee; |
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(2) the chief executive officer and chief compliance |
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officer; |
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(3) employees of the authority; and |
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(4) any person who provides services to the authority. |
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(c) Not later than the 45th day before the date on which the |
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oversight committee intends to adopt a proposed ethics policy or an |
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amendment to or revision of an adopted ethics policy, the oversight |
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committee shall submit a copy of the proposed policy, amendment, or |
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revision to the Texas Ethics Commission and the state auditor for |
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review and comments. The oversight committee shall consider any |
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comments from the commission or state auditor before adopting the |
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proposed policy. |
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(d) The provisions of the ethics policy that apply to a |
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person who provides services to the committee relating to the |
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management or investment of the funds must be based on the Code of |
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Ethics and the Standards of Professional Conduct prescribed by the |
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Chartered Financial Analysts Institute or other ethics standards |
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adopted by another appropriate professionally recognized entity. |
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(e) The oversight committee shall ensure that applicable |
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provisions of the ethics policy are included in any contract under |
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which a person provides services to the committee relating to the |
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management and investment of the funds. |
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Sec. 482.055. OVERSIGHT COMMITTEE OFFICERS. (a) The |
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oversight committee shall elect a presiding officer and assistant |
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presiding officer from among its members every two years. The |
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oversight committee may elect additional officers from among its |
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members. |
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(b) The presiding officer and assistant presiding officer |
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may not serve in the position for more than one consecutive term. |
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(c) The oversight committee shall: |
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(1) establish and approve duties and responsibilities |
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for officers of the committee; and |
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(2) develop and implement policies that distinguish |
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the responsibilities of the oversight committee and the committee's |
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officers from the responsibilities of the chief executive officer |
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and the employees of the authority. |
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Sec. 482.056. MINUTES. (a) The oversight committee shall |
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keep minutes of each meeting at which applications or funding are |
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evaluated. The minutes must: |
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(1) include the name of each applicant recommended to |
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the committee for funding; and |
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(2) indicate the vote of each member of the oversight |
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committee, including any recusal by a member and the member's |
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reason for recusal, with regard to each application reviewed. |
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(b) The oversight committee shall retain a copy of the |
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minutes of each meeting to which this section applies for at least |
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three years. |
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Sec. 482.057. SUNSET PROVISION. The Texas Quality Research |
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Leadership Authority is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the authority is abolished September 1, 2023. |
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SUBCHAPTER C. FUND FOR TEXAS QUALITY RESEARCH LEADERSHIP AUTHORITY |
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Sec. 482.101. TEXAS QUALITY RESEARCH LEADERSHIP AUTHORITY. |
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(a) The fund for the Texas Quality Research Leadership Authority is |
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a dedicated account in the general revenue fund. |
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(b) The following amounts shall be deposited in the fund: |
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(1) any amounts appropriated by the legislature for |
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the fund; |
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(2) benefits realized from a project undertaken with |
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money from the fund, as provided by a contract entered into under |
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Section 482.103; |
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(3) gifts, grants, and other donations received for |
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the fund; and |
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(4) interest earned on the investment of money in the |
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fund. |
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(c) The fund may be used only for: |
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(1) the purposes described in Section 482.001; and |
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(2) necessary staff and administration of the fund, |
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including administration by the oversight committee. |
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(d) The oversight committee may solicit and accept gifts and |
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grants for the fund from public and private entities. |
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(e) The administration of the authority is to be conducted |
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by the oversight committee. The committee may negotiate on behalf |
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of the state regarding stakes from the fund. The committee may |
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award money appropriated from the fund only with the approval of a |
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majority of the oversight committee. |
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(f) For purposes of Subsection (e), an award of a stake |
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appropriated from the fund is considered disapproved if the |
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oversight committee does not approve the proposal to award funding |
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before the 31st day after the date of receipt of the proposal. The |
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oversight committee may extend the review deadline for an |
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additional 14 days through written record before the expiration of |
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the initial review period. |
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(g) Before making an award under this subchapter, the |
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oversight committee shall enter into a contract with the entity to |
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receive the award. A contract may specify that: |
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(1) if all or any portion of the amount of the award is |
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used to build a capital improvement: |
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(A) the state retains a lien or other interest in |
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the capital improvement in proportion to the percentage of the |
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award amount used to pay for the capital improvement; and |
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(B) the recipient of the award shall, if the |
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capital improvement is sold: |
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(i) repay to the state the award used to pay |
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for the capital improvement, with interest at the rate and |
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according to the other terms provided by the contract; and |
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(ii) share with the state a proportionate |
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amount of any profit realized from the sale; and |
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(2) if, as of a date certain provided in the contract, |
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the award recipient has not used the award received under this |
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subchapter for the purposes for which the award was intended, the |
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recipient shall repay that amount and any related interest |
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applicable under the contract to the state at the agreed rate and on |
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the agreed terms. |
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(h) The oversight committee may make awards in the form of |
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loans, charge and receive reasonable interest for the loans, take a |
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stake in the form of stock or other security in consideration of an |
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award, and sell or otherwise trade or exchange the security for the |
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benefit of the fund. Interest or proceeds received as a result of a |
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transaction authorized by this subsection shall be deposited to the |
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corpus of the fund and may be used in the same manner as the corpus |
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of the fund. |
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(i) The contract between the oversight committee and a |
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recipient of an award under this subchapter may set the terms |
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relating to an award. |
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Sec. 482.102. EXPEDITING INNOVATION AND COMMERCIALIZATION. |
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(a) The oversight committee shall establish financial stakes in |
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entities from the fund as provided by this subchapter through peer |
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review and evaluation processes established by the committee. |
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(b) Before the oversight committee may establish a |
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financial stake in an entity, the entity shall obtain and provide |
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the following information to the committee: |
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(1) a federal criminal history background check for |
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each principal of the entity; |
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(2) a state criminal history background check for each |
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principal of the entity; |
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(3) a credit check for each principal of the entity; |
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(4) a copy of a government-issued form of photographic |
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identification for each principal of the entity; and |
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(5) information regarding whether the entity or a |
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principal of the entity has ever been subject to a sanction imposed |
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by the Securities and Exchange Commission for a violation of |
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applicable federal law. |
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(c) For purposes of Subsection (b), "principal" means: |
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(1) an officer of an entity; or |
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(2) a person who has at least a 10 percent ownership |
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interest in an entity. |
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Sec. 482.103. GUARANTEE OF COMMERCIALIZATION OR |
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MANUFACTURING IN TEXAS. An entity receiving money from the fund |
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under this subchapter must guarantee by contract that a substantial |
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percentage of any new or expanded commercialization or |
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manufacturing resulting from the award will be established in this |
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state. |
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Sec. 482.104. ALLOCATION OF PROCEEDS. (a) The contract |
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between the oversight committee and a recipient of an award under |
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this subchapter shall provide for the distribution of royalties, |
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revenue, or other financial benefits realized from the |
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commercialization of intellectual or real property developed from |
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any award from the fund. To the extent authorized by law and not in |
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conflict with another agreement, the contract shall appropriately |
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allocate by assignment, licensing, or other means the royalties, |
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revenue, or other financial benefits among identifiable |
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collaborating parties and in a specified percentage to this state |
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for deposit in the fund. |
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(b) The contract under Subsection (a) shall also specify |
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other matters considered necessary by the oversight committee. |
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Sec. 482.105. COMMERCIALIZATION ACTIVITIES; USE OF MONEY |
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FOR INCENTIVES. An amount determined by the oversight committee |
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allocated from the fund for use as provided by this subchapter shall |
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be reserved for incentives for private or nonprofit entities to |
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collaborate with research institutions in this state or private |
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institutions of higher education in this state on emerging |
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technology projects with a demonstrable economic benefit to this |
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state. |
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Sec. 482.106. PRIORITY FOR FUNDING. In allocating money |
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from the fund under this subchapter, priority shall be given to |
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proposals that: |
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(1) involve emerging scientific or technology fields |
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that have a reasonable probability of enhancing this state's |
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national and global economic competitiveness; |
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(2) may result in a medical or scientific breakthrough |
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or a breakthrough in the area of clean energy; |
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(3) are collaborative between any combination of |
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private or nonprofit entities and public or private agencies or |
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institutions in this state; |
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(4) are matched with other available funds, including |
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funds from the private or nonprofit entity, research institution, |
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or private institution of higher education collaborating on the |
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project; or |
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(5) have a demonstrable economic development benefit |
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to this state. |
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Sec. 482.107. TEXAS TARGETED TECHNOLOGY CLUSTERS. (a) A |
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Texas targeted technology cluster industry participant is eligible |
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for a stake if the activity to be funded: |
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(1) will stimulate long-term sustained growth and |
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result in the creation of high-quality jobs in Texas, immediately |
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or over the longer period; or |
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(2) has the potential to result in a scientific or |
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manufacturing breakthrough. |
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(b) A Texas targeted technology cluster industry includes |
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industries related to: |
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(1) advanced technologies and manufacturing; |
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(2) aerospace and defense; |
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(3) biotechnology and life sciences; |
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(4) information, computer technology, and |
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semiconductors; |
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(5) petroleum refining and chemical processes; |
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(6) energy; or |
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(7) manufactured energy, nanotechnology, and |
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microelectromechanical systems. |
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Sec. 482.108. AUTHORIZED EXPENSES. (a) An entity |
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receiving money from the fund under this subchapter may use the |
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money to expedite commercialization that will lead to an increase |
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in high-quality jobs in this state and shall use the money in |
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accordance with a contract between the entity and the oversight |
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committee. |
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(b) Authorized expenses under this section include salaries |
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and benefits, travel, consumable supplies, other operating |
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expenses, contracted research and development, capital equipment, |
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construction or renovation of state or private facilities, and |
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workforce training. |
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SUBCHAPTER D. REPORTING AND ACCOUNTABILITY |
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Sec. 482.151. ANNUAL REPORT. (a) Not later than January 31 |
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of each year, the oversight committee shall submit to the governor, |
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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: |
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(1) the total number and amount of awards, including |
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stakes made; |
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(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 |
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oversight committee, on behalf of the state, may take in award |
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recipients receiving stakes. |
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(b) The annual report must also contain: |
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(1) the total number of jobs created by each award, |
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including each stake receiving funding; |
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(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: |
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(A) the methodology used to determine the |
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information provided under Subdivisions (1) and (2), which may be |
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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 |
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was funded under this chapter. |
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Sec. 482.152. VALUATION OF INVESTMENTS. (a) To the maximum |
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extent practicable, the oversight committee shall annually perform |
|
a valuation of the stakes taken by the oversight committee in |
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recipients receiving awards under this chapter. |
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(b) The valuation must be: |
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(1) based on a methodology that: |
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(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. |
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Sec. 482.153. CONFIDENTIALITY. (a) Except as provided by |
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Subsection (b), information collected by the oversight committee or |
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the committee's designees concerning the identity, background, |
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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 |
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amended to read as follows: |
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CHAPTER 490. PROVISIONS RELATING TO FORMER TEXAS [FUNDING FOR] |
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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 [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. |
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SECTION 7. The heading to Subchapter B, Chapter 490, |
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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. |