Bill Text: TX SR693 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Suspending limitations on conference committee jurisdiction on H.B. 3447.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-05-28 - Reported enrolled [SR693 Detail]

Download: Texas-2023-SR693-Enrolled.html
 
 
  By: Huffman S.R. No. 693
 
 
 
SENATE RESOLUTION
         BE IT RESOLVED by the Senate of the State of Texas, 88th
  Legislature, Regular Session, 2023, That Senate Rule 12.03 be
  suspended in part as provided by Senate Rule 12.08 to enable the
  conference committee appointed to resolve the differences on
  House Bill 3447 (the establishment and administration of the
  Texas Space Commission and the Texas Aerospace Research and Space
  Economy Consortium) to consider and take action on the following
  matters:
         (1)  Senate Rule 12.03(2) is suspended to permit the
  committee to omit text not in disagreement by omitting proposed
  SECTIONS 1 and 2 of the bill. The omitted text reads:
         SECTION 1.  Chapter 61, Education Code, is amended by
  adding Subchapter V-1 to read as follows:
  SUBCHAPTER V-1. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY
  CONSORTIUM
         Sec. 61.921.  DEFINITIONS. In this subchapter:
               (1)  "Consortium" means the Texas Aerospace Research
  and Space Economy Consortium.
               (2)  "Executive committee" means the executive
  committee of the consortium.
         Sec. 61.922.  ESTABLISHMENT; PURPOSE.  The Texas
  Aerospace Research and Space Economy Consortium is established
  to:
               (1)  identify research opportunities for entities
  within this state that:
                     (A)  strengthen this state's proven leadership
  in civil, commercial, and military aerospace activity;
                     (B)  enhance this state's position in
  aeronautics research and development, astronautics, space
  commercialization, and space flight infrastructure; and
                     (C)  enhance the integration of the space,
  aeronautics, astronautics, and aviation industries into this
  state's economy; and
               (2)  provide funding and research recommendations to
  the Texas Space Commission established under Section 481.552,
  Government Code.
         Sec. 61.923.  CONSORTIUM COMPOSITION. The consortium is
  composed of:
               (1)  each institution of higher education; and
               (2)  any other entity that the executive committee
  considers necessary.
         Sec. 61.924.  ADMINISTRATIVE ATTACHMENT. (a) The
  consortium is administratively attached to the board for the
  purpose of receiving and administering appropriations and other
  funds under this subchapter. The board is not responsible for
  providing to the consortium staff, human resources, contract
  monitoring, purchasing, or any other administrative support
  services.
         (b)  The board may not use funds intended to carry out the
  purposes of this subchapter for any costs incurred by the board
  under this subchapter.
         Sec. 61.925.  EXECUTIVE COMMITTEE COMPOSITION. (a) The
  consortium is governed by an independent executive committee
  composed of the following nine members:
               (1)  two members appointed by the governor;
               (2)  two members appointed by the lieutenant
  governor;
               (3)  two members appointed by the speaker of the
  house of representatives;
               (4)  the chancellor of The Texas A&M University
  System or the chancellor's designee;
               (5)  the chancellor of The University of Texas System
  or the chancellor's designee; and
               (6)  the president of Rice University or the
  president's designee.
         (b)  In making appointments under Subsection (a), the
  governor, the lieutenant governor, and the speaker of the house
  of representatives, respectively, shall:
               (1)  prioritize appointing individuals with
  experience in:
                     (A)  aeronautics;
                     (B)  space economic development; and
                     (C)  academic engagement with the space
  economy; and
               (2)  ensure that the appointments reflect, to the
  extent possible, the ethnic and geographic diversity of this
  state.
         (c)  A vacancy on the executive committee is filled in the
  same manner as the initial appointment.
         (d)  The executive committee shall:
               (1)  elect a presiding officer from among the members
  of the committee; and
               (2)  meet at the call of the presiding officer.
         Sec. 61.926.  GIFTS, GRANTS, AND DONATIONS. The
  executive committee may solicit and accept on behalf of the
  consortium gifts, grants, or donations from any public or private
  source for the purpose of carrying out this subchapter.
         Sec. 61.927.  GENERAL DUTIES. (a) The executive
  committee shall:
               (1)  develop and execute a comprehensive statewide
  strategic plan to further the purposes of the consortium;
               (2)  gather and coordinate recommendations from
  consortium members on funding and research opportunities in
  accordance with the purposes of the consortium; and
               (3)  establish procedures and policies for the
  administration of the consortium, including:
                     (A)  procedures for documenting compliance by
  members of the committee and consortium and consortium staff with
  applicable laws governing conflicts of interest;
                     (B)  designation of a member of the committee
  as the committee's liaison to the Texas Space Commission
  established under Section 481.552, Government Code; and
                     (C)  procedures for entering into contracts
  with The Texas A&M University System as necessary for that system
  to provide administrative and staff support to the consortium.
         (b)  A member of the consortium under Section 61.923 may
  participate in consortium fact-finding, strategic planning, and
  the formation of recommendations for purposes of Subsections
  (a)(1) and (a)(2). Before assisting the executive committee as
  provided by this subsection, a member of the consortium must
  designate a liaison to the executive committee to represent that
  member.
         Sec. 61.928.  BIENNIAL REPORT. Not later than December 31
  of each even-numbered year, the executive committee shall submit
  to the Texas Space Commission established under Section 481.552,
  Government Code, a written report that includes for that
  biennium:
               (1)  the activities and objectives of the
  consortium;
               (2)  a synopsis of the funding and research
  opportunities identified by the consortium under Section
  61.927(a);
               (3)  legislative recommendations, if any;
               (4)  prospective grants or funding the consortium
  members expect to receive, if any; and
               (5)  research accomplishments associated with the
  consortium, if any.
         SECTION 2.  Chapter 481, Government Code, is amended by
  adding Subchapter FF to read as follows:
  SUBCHAPTER FF. TEXAS SPACE COMMISSION
         Sec. 481.551.  DEFINITIONS. In this subchapter:
               (1)  "Board" means the board of directors of the
  commission.
               (2)  "Commission" means the Texas Space Commission.
               (3)  "Fund" means the Space Exploration and
  Aeronautics Research Fund.
               (4)  "Institution of higher education" has the
  meaning assigned by Section 61.003, Education Code.
         Sec. 481.552.  ESTABLISHMENT; PURPOSE. (a) The Texas
  Space Commission is established to strengthen this state's
  proven leadership in civil, commercial, and military aerospace
  activity.
         (b)  The purpose of the commission is to promote
  innovation in the fields of space exploration and commercial
  aerospace opportunities, including the integration of space,
  aeronautics, and aviation industries into the economy of this
  state.
         Sec. 481.553.  BOARD OF DIRECTORS; EXECUTIVE DIRECTOR.
  (a) The commission is governed by a nine-member board of
  directors. The board is composed of:
               (1)  three members appointed by the governor;
               (2)  three members appointed by the lieutenant
  governor; and
               (3)  three members appointed by the governor from a
  list of names submitted by the speaker of the house of
  representatives.
         (b)  In making appointments or selecting persons for
  inclusion on the list submitted to the governor under Subsection
  (a), the governor, lieutenant governor, and speaker of the house
  of representatives shall prioritize appointing or selecting, as
  applicable, individuals with experience in:
               (1)  commercial aerospace;
               (2)  civil aviation;
               (3)  military aerospace;
               (4)  space economic development;
               (5)  space-related academic research; and
               (6)  nonprofit support of the space economy.
         (c)  Members of the board serve two-year terms and may be
  reappointed for additional terms.
         (d)  A vacancy on the board is filled in the same manner as
  the initial appointment.
         (e)  The board shall:
               (1)  elect a presiding officer from among the members
  of the board;
               (2)  appoint an executive director of the commission
  and determine the title, functions, duties, powers, and salary of
  the executive director; and
               (3)  adopt rules as necessary to implement the duties
  of the commission under this subchapter.
         (f)  The executive director of the commission may hire
  staff as necessary to implement the duties of the commission
  under this subchapter.
         Sec. 481.554.  ADMINISTRATIVE ATTACHMENT. (a) The
  commission is administratively attached to the office of the
  governor.
         (b)  The office of the governor shall provide the
  commission staff and facilities as necessary to assist the
  commission in performing the commission's duties under this
  subchapter.
         Sec. 481.555.  AUTHORITY. The commission may, as
  necessary to perform the commission's duties under this
  subchapter:
               (1)  execute contracts and other documents,
  including by authorizing one or more members of the commission to
  execute contracts and other documents on behalf of the
  commission;
               (2)  conduct proceedings and other activities;
               (3)  establish and create boards, committees, or
  other entities, which may include an advisory board composed of
  representatives of military, federal government, and private
  aeronautic entities, and delegate authority or duties to those
  entities;
               (4)  provide financial services to support
  aerospace-related development within this state, including by:
                     (A)  capitalizing, underwriting, leasing,
  selling, or securing funding for aerospace-related
  infrastructure; and
                     (B)  acquiring, accepting, or administering
  grants and contracts to perform activities consistent with the
  commission's purpose;
               (5)  execute intergovernmental agreements and
  development agreements consistent with existing law, including
  with institutions of higher education and nonprofit entities;
  and
               (6)  engage in the planning and implementation of
  aerospace-related educational opportunities within this state in
  coordination with the Texas Aerospace Research and Space Economy
  Consortium established under Section 61.922, Education Code.
         Sec. 481.556.  STRATEGIC PLAN. (a) The commission shall
  develop and annually update a strategic plan for the promotion of
  space, aeronautics, and aviation economic development in this
  state.
         (b)  The strategic plan must include a list of potential
  projects that further the purpose of the commission, and, for
  each project:
               (1)  the estimated total cost for completion,
  including a potential state matching cost; and
               (2)  an assessment of the availability of external
  funding sources.
         (c)  The strategic plan may include any other information
  the commission determines is relevant to furthering the purpose
  of the commission.
         (d)  The board shall submit the strategic plan to the
  governor, the lieutenant governor, and the speaker of the house
  of representatives not later than December 31 of each year.
         Sec. 481.557.  SPACE EXPLORATION AND AERONAUTICS RESEARCH
  FUND; GRANTS. (a) The commission shall establish the Space
  Exploration and Aeronautics Research Fund to provide grants to
  eligible entities as provided by this section.
         (b)  The fund is a trust fund outside the treasury with the
  comptroller and administered by the commission.
         (c)  The fund is composed of:
               (1)  gifts, grants, or donations provided to the
  commission; and
               (2)  money from any source designated by the
  legislature.
         (d)  Using money available in the fund, the commission may
  provide grants to eligible entities described by Subsection (e)
  for the purposes of:
               (1)  development of emerging technologies required
  for any aspect of human space flight;
               (2)  research involving any aspect of space
  exploration and space flight;
               (3)  workforce training to promote space exploration
  and space flight; and
               (4)  curation of post-mission materials involved in
  space exploration and space flight.
         (e)  The following entities are eligible for a grant made
  under this section:
               (1)  a business or nonprofit entity involved in the
  space exploration, research, or aeronautics industry; and
               (2)  a governmental entity with which the commission
  has entered into an intergovernmental agreement for that
  purpose.
         (f)  The commission shall establish procedures for the
  administration and approval of grants made under this section,
  including procedures to ensure that a grant provided under this
  section is in the public interest and serves the public purpose
  of economic development and diversification.
         Explanation: The change is necessary to allow the Texas
  Space Commission and the Texas Aerospace Research and Space
  Economy Consortium to be established under a new chapter of the
  Government Code.
         (2)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill by adding SECTION 1 of the bill to
  read as follows:
         SECTION 1.  Subtitle F, Title 4, Government Code, is
  amended by adding Chapter 482 to read as follows:
  CHAPTER 482. TEXAS AEROSPACE AND TECHNOLOGY SUPPORT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 482.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  commission.
               (2)  "Commission" means the Texas Space Commission.
               (3)  "Fund" means the space exploration and
  aeronautics research fund.
               (4)  "Institution of higher education" has the
  meaning assigned by Section 61.003, Education Code.
  SUBCHAPTER B. TEXAS SPACE COMMISSION
         Sec. 482.101.  ESTABLISHMENT; PURPOSE. (a) The Texas
  Space Commission is established to strengthen this state's
  proven leadership in civil, commercial, and military aerospace
  activity.
         (b)  The purpose of the commission is to promote
  innovation in the fields of space exploration and commercial
  aerospace opportunities, including the integration of space,
  aeronautics, and aviation industries into the economy of this
  state.
         Sec. 482.102.  ADMINISTRATIVE ATTACHMENT. (a) The
  commission is administratively attached to the office of the
  governor, and the office of the governor shall provide
  administrative support to the commission as provided by this
  section. The equal employment opportunity officer and the
  internal auditor of the office of the governor shall serve the
  same functions for the commission as they serve for the office of
  the governor.
         (b)  The office of the governor and the board shall enter
  into a memorandum of understanding detailing:
               (1)  the administrative support the commission
  requires from the office of the governor to fulfill the purposes
  of this chapter;
               (2)  the reimbursement of administrative expenses to
  the office of the governor; and
               (3)  any other provisions available by law to ensure
  the efficient operation of the commission as attached to the
  office of the governor.
         Sec. 482.103.  SUNSET PROVISION. The commission is
  subject to Chapter 325 (Texas Sunset Act). Unless continued in
  existence as provided by that chapter, the commission is
  abolished and this chapter expires September 1, 2032.
         Sec. 482.104.  STATE AUDITOR. Nothing in this chapter
  limits the authority of the state auditor under Chapter 321 or
  other law.
         Sec. 482.105.  BOARD OF DIRECTORS. (a) The commission is
  governed by a nine-member board of directors. The board is
  composed of:
               (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)  In making appointments under Subsection (a), the
  governor, lieutenant governor, and speaker of the house of
  representatives shall prioritize appointing individuals with
  experience in:
               (1)  commercial aerospace;
               (2)  civil aviation;
               (3)  military aerospace;
               (4)  space economic development;
               (5)  space-related academic research; and
               (6)  nonprofit support of the space economy.
         (c)  Members of the board appointed by the governor,
  lieutenant governor, and speaker of the house serve at the
  pleasure of the appointing office for staggered six-year terms,
  with the terms of two members expiring on January 31 of each
  odd-numbered year.
         (d)  If a vacancy occurs on the board, the appropriate
  appointing authority shall appoint a successor, in the same
  manner as the original appointment, to serve for the remainder of
  the unexpired term. The appropriate appointing authority shall
  appoint the successor not later than the 30th day after the date
  the vacancy occurs.
         (e)  Not later than the 30th day after the date a board
  member's term expires, the appropriate appointing authority
  shall appoint a replacement.
         (f)  The board shall elect a presiding officer from among
  the members of the board.
         Sec. 482.106.  EXECUTIVE DIRECTOR. (a) The board shall
  hire an executive director. The executive director shall perform
  the duties required by this chapter and any duty delegated by the
  board.
         (b)  The executive director must have a demonstrated
  ability to lead and develop academic, commercial, military, or
  governmental partnerships and coalitions.
         (c)  The executive director may hire staff as necessary to
  implement the duties of the commission under this chapter.
         Sec. 482.107.  BOARD OF DIRECTORS: AUTHORITY. (a) The
  board shall:
               (1)  direct the activities of, establish goals for,
  and provide oversight to the commission;
               (2)  develop and execute a strategic plan in
  accordance with Section 482.201;
               (3)  establish the appropriate standards and
  executive bodies to ensure the proper use of funds authorized
  under this chapter for research and facilities development;
               (4)  identify research and funding opportunities for
  entities within this state that:
                     (A)  strengthen and enhance this state's proven
  leadership position in civil, commercial, and military
  aeronautics research and development and space flight
  infrastructure;
                     (B)  enhance the integration of the space,
  aeronautics, astronautics, and aviation industries into this
  state's economy; and
                     (C)  promote and further research involving
  materials derived from or developed through space exploration
  and space flight;
               (5)  capitalize, promote, and assist in the
  development of workforce training to further the development of
  emerging technologies required for all aspects of space
  exploration; and
               (6)  solicit proposals on funding and research
  opportunities related to the objectives in this chapter from the
  Texas Aerospace Research and Space Economy Consortium
  established under Subchapter G.
         (b)  The board shall employ a chief compliance officer to
  monitor and report to the board regarding compliance with this
  chapter and rules adopted under this chapter. The chief
  compliance officer shall ensure that all grant proposals comply
  with this chapter and rules adopted under this chapter before the
  proposals are submitted to the board for approval.
         (c)  The board may:
               (1)  establish ad hoc advisory committees as
  necessary to carry out the board's duties under this chapter;
               (2)  adopt and use an official seal;
               (3)  solicit and accept gifts or grants, and contract
  with any entity;
               (4)  acquire and convey property or an interest in
  property;
               (5)  procure insurance and pay premiums on insurance
  of any type, in accounts, and from insurers as the board
  considers necessary and advisable to accomplish any of the
  commission's purposes;
               (6)  make grants to public or private persons with an
  established presence within this state to encourage economic
  development related to space and aerospace;
               (7)  make grants to enhance the capacity of
  institutions of higher education to participate in and support
  classified research;
               (8)  provide matching funding to external funding
  provided by relevant federal agencies, private industry, or
  private research organizations; and
               (9)  engage in the planning and implementation of
  aerospace-related educational opportunities within this state in
  coordination with the Texas Aerospace Research and Space Economy
  Consortium established under Subchapter G.
  SUBCHAPTER C.  STRATEGIC PLAN
         Sec. 482.201.  STRATEGIC PLAN. (a) The commission shall
  develop and annually update a strategic plan for the promotion of
  space, aeronautics, and aviation economic development in this
  state.
         (b)  The strategic plan must include a list of potential
  projects that further the purpose of the commission, and, for
  each project:
               (1)  the estimated total cost for completion,
  including a potential state matching cost; and
               (2)  an assessment of the availability of external
  funding sources.
         (c)  The strategic plan may include any other information
  the commission determines is relevant to furthering the purpose
  of the commission.
         (d)  The board shall submit the strategic plan to the
  governor, the lieutenant governor, and the speaker of the house
  of representatives not later than December 31 of each year.
  SUBCHAPTER D.  SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND
         Sec. 482.301.  SPACE EXPLORATION AND AERONAUTICS RESEARCH
  FUND; ESTABLISHMENT. (a) The space exploration and aeronautics
  research fund is established to provide grants to eligible
  entities as provided by this chapter.
         (b)  The fund is a trust fund outside the treasury with the
  comptroller and administered by the commission.
         (c)  The fund is composed of:
               (1)  gifts, grants, and donations provided to the
  commission; and
               (2)  money from any source designated by the
  legislature.
         Sec. 482.302.  SPACE EXPLORATION AND AERONAUTICS RESEARCH
  FUND; GRANTS.  (a)  Using money available in the fund, the
  commission may provide grants to eligible entities described by
  Subsection (b) for the purposes of:
               (1)  development of emerging technologies required
  for any aspect of human space flight;
               (2)  research involving any aspect of space
  exploration and space flight;
               (3)  workforce training to promote space exploration
  and space flight;
               (4)  curation of post-mission materials involved in
  space exploration and space flight; and
               (5)  development of infrastructure useful or
  necessary for the establishment or maintenance of a spaceport.
         (b)  The following entities are eligible for a grant made
  under this subchapter:
               (1)  a business or nonprofit entity involved in the
  space exploration, research, or aeronautics industry; and
               (2)  a governmental entity with which the commission
  has entered into an intergovernmental agreement for that
  purpose.
         (c)  The board shall comply with the provisions of this
  chapter in developing the procedures for administration and
  approval of grants through the fund.
         (d)  The commission shall provide written notification to
  the Legislative Budget Board not later than the 30th day after
  the date a grant award is made from the fund.
  SUBCHAPTER E. ETHICS AND AUDIT
         Sec. 482.401.  CONFLICT OF INTEREST. (a)  The board shall
  adopt conflict-of-interest rules to govern members of the board
  and commission employees.
         (b)  A board member or commission employee shall recuse
  himself or herself, as provided by Section 482.402, if the board
  member or employee, or a person who is related to the board member
  or employee within the second degree of affinity or
  consanguinity, has a professional or financial interest in an
  entity receiving or applying to receive money from the
  commission.
         (c)  A person has a financial interest in an entity
  receiving or applying to receive money from the commission if the
  person:
               (1)  owns or controls, directly or indirectly, an
  ownership interest, including sharing in profits, proceeds, or
  capital gains, in an entity, or in a foundation or similar
  organization affiliated with an entity, receiving or applying to
  receive money from the commission; or
               (2)  could reasonably foresee that an action or
  recommendation by the board or commission could result in a
  financial benefit to the person.
         (d)  Nothing in this subchapter limits the authority of
  the board to adopt additional conflict-of-interest standards.
         Sec. 482.402.  DISCLOSURE OF CONFLICT OF INTEREST;
  RECUSAL. (a)  If a board member has a conflict of interest as
  described by Section 482.401 regarding an application that comes
  before the board for review or other action, the board member
  shall:
               (1)  provide written notice to the executive
  director and the presiding officer of the board or the next
  ranking member of the board if the presiding officer has the
  conflict of interest;
               (2)  disclose the conflict of interest in an open
  meeting of the board; and
               (3)  recuse himself or herself from participating in
  the review, discussion, deliberation, and vote on the
  application and from accessing information regarding the matter
  to be decided.
         (b)  If a commission employee has a conflict of interest
  described by Section 482.401 regarding an application that comes
  before the employee for review or other action, the employee
  shall:
               (1)  provide written notice to the executive
  director of the conflict of interest; and
               (2)  recuse himself or herself from participating in
  the review of the application and be prevented from accessing
  information regarding the matter to be decided.
         (c)  A board member or commission employee with a conflict
  of interest may seek a waiver as provided by Section 482.403.
         (d)  A board member or commission employee who reports a
  potential conflict of interest or another impropriety or
  self-dealing of the member or employee and who fully complies
  with the recommendations of the general counsel and recusal
  requirements is considered in compliance with the
  conflict-of-interest provisions of this subchapter.  The member
  or employee is subject to other applicable laws, rules,
  requirements, and prohibitions.
         (e)  A board member or commission employee who
  intentionally violates this section is subject to removal from
  further participation in the commission's review process.
         Sec. 482.403.  EXCEPTIONAL CIRCUMSTANCES REQUIRING
  PARTICIPATION; INVESTIGATION OF UNREPORTED CONFLICT OF INTEREST.  
  (a)  The board shall adopt rules governing the waiver of the
  conflict-of-interest requirements of this subchapter under
  exceptional circumstances for a board member or commission
  employee.  The rules must:
               (1)  authorize the executive director or a board
  member to propose granting a waiver by submitting to the
  presiding officer of the board a written statement about the
  conflict of interest, the exceptional circumstance requiring the
  waiver, and any proposed limitations to the waiver;
               (2)  require a proposed waiver to be publicly
  reported at a meeting of the board;
               (3)  require a majority vote of the board members
  present and voting to grant a waiver; and
               (4)  require the commission to retain documentation
  of each waiver granted.
         (b)  The board shall adopt rules governing the
  investigation and consequences of unreported conflicts of
  interest.
         Sec. 482.404.  CODE OF CONDUCT. (a)  The board shall
  adopt a code of conduct applicable to each board member and
  commission employee.
         (b)  The code of conduct at a minimum must include
  provisions prohibiting the member, the employee, or the member's
  or employee's spouse from:
               (1)  accepting or soliciting any gift, favor, or
  service that could reasonably influence the member or employee in
  the discharge of official duties or that the member, employee, or
  spouse of the member or employee knows or should know is being
  offered with the intent to influence the member's or employee's
  official conduct;
               (2)  accepting employment or engaging in any
  business or professional activity that would reasonably require
  or induce the member or employee to disclose confidential
  information acquired in the member's or employee's official
  position;
               (3)  accepting other employment or compensation that
  could reasonably impair the member's or employee's independent
  judgment in the performance of official duties;
               (4)  making personal investments or having a
  financial interest that could reasonably create a substantial
  conflict between the member's or employee's private interest and
  the member's or employee's official duties;
               (5)  intentionally or knowingly soliciting,
  accepting, or agreeing to accept any benefit for exercising the
  member's official powers or performing the member's or employee's
  official duties in favor of another;
               (6)  leasing, directly or indirectly, any property,
  capital equipment, employee, or service to any entity that
  receives a grant from the commission;
               (7)  submitting a grant application for funding by
  the board;
               (8)  serving on the board of directors of an
  organization established with a grant from the commission; or
               (9)  serving on the board of directors of a grant
  recipient.
  SUBCHAPTER F. PROCEDURE FOR MAKING AWARDS
         Sec. 482.501.  RULES FOR GRANT AWARD PROCEDURE. (a)  The
  board shall adopt rules regarding the procedure for awarding
  grants to an applicant under this chapter, including a procedure
  for the Texas Aerospace Research and Space Economy Consortium to
  make recommendations to the board for grant awards.
         (b)  The board may not award a grant to an applicant who
  has made a gift or grant to the commission or a nonprofit
  organization established to provide support to the commission.
         Sec. 482.502.  MULTIYEAR PROJECTS. The board may grant
  money for a multiyear project.  The board shall specify the total
  amount of money approved to fund the multiyear project. The
  total amount specified is considered for purposes of this
  subchapter to have been awarded in the state fiscal year that the
  project is approved by the board. The board shall distribute
  only the money that will be expended during that fiscal year. The
  board shall distribute the remaining grant money as the money is
  needed in each subsequent state fiscal year.
         Sec. 482.503.  PREFERENCE FOR TEXAS SUPPLIERS. The board
  shall establish standards to ensure that grant recipients
  purchase goods and services from suppliers in this state to the
  extent reasonably possible, in a good faith effort to achieve a
  goal of more than 50 percent of those purchases from suppliers in
  this state.
         Sec. 482.504.  GRANT EVALUATION. (a) The executive
  director shall determine the grant review process under this
  section.  The executive director may terminate grants that do not
  meet contractual obligations.
         (b)  The executive director shall report at least annually
  to the board on the progress and continued merit of each grant
  funded by the commission.
         (c)  The board shall establish and implement reporting
  requirements to ensure that each grant recipient complies with
  the terms and conditions in the grant contract, including
  verification of the amounts of matching money dedicated to the
  research that is the subject of the grant award to the grant
  recipient.
         (d)  The commission shall implement a system to:
               (1)  track the dates on which grant recipient reports
  are due and are received by the commission; and
               (2)  monitor the status of any required report that
  is not timely submitted to the commission by a grant recipient.
         Sec. 482.505.  GRANT RECORDS. The commission shall
  maintain complete records of:
               (1)  the review of each grant application submitted
  to the board, including an application reviewed in accordance
  with rules adopted under this chapter, even if the grant
  application is not funded by the board or is withdrawn after
  submission;
               (2)  each grant recipient's financial reports,
  including the amount of matching money dedicated to the research
  specified for the grant award;
               (3)  each grant recipient's progress reports; and
               (4)  the board's review of the grant recipient's
  financial reports and progress reports.
  SUBCHAPTER G. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY
  CONSORTIUM
         Sec. 482.601.  DEFINITIONS. In this subchapter:
               (1)  "Consortium" means the Texas Aerospace Research
  and Space Economy Consortium.
               (2)  "Executive committee" means the executive
  committee of the consortium.
         Sec. 482.602.  SUNSET PROVISION. The consortium is
  subject to Chapter 325 (Texas Sunset Act). Unless continued in
  existence as provided by that chapter, the consortium is
  abolished and this subchapter expires September 1, 2032.
         Sec. 482.603.  ESTABLISHMENT; PURPOSE.  The Texas
  Aerospace Research and Space Economy Consortium is established
  to:
               (1)  identify research opportunities for entities
  within this state that:
                     (A)  strengthen this state's proven leadership
  in civil, commercial, and military aerospace activity;
                     (B)  enhance this state's position in
  aeronautics research and development, astronautics, space
  commercialization, and space flight infrastructure; and
                     (C)  enhance the integration of the space,
  aeronautics, astronautics, and aviation industries into this
  state's economy; and
               (2)  provide funding and research recommendations to
  the commission.
         Sec. 482.604.  CONSORTIUM COMPOSITION. The consortium is
  composed of:
               (1)  each institution of higher education; and
               (2)  any other entity that the executive committee
  considers necessary.
         Sec. 482.605.  ADMINISTRATIVE ATTACHMENT. The consortium
  is administratively attached to the office of the governor for
  the purpose of receiving and administering appropriations and
  other funds under this subchapter. The office of the governor is
  not responsible for providing to the consortium staff, human
  resources, contract monitoring, purchasing, or any other
  administrative support services.
         Sec. 482.606.  EXECUTIVE COMMITTEE COMPOSITION. (a) The
  consortium is governed by an independent executive committee
  composed of the following nine members:
               (1)  two members appointed by the governor;
               (2)  two members appointed by the lieutenant
  governor;
               (3)  two members appointed by the speaker of the
  house of representatives;
               (4)  the chancellor of The Texas A&M University
  System or the chancellor's designee;
               (5)  the chancellor of The University of Texas System
  or the chancellor's designee; and
               (6)  the president of Rice University or the
  president's designee.
         (b)  In making appointments under Subsection (a), the
  governor, the lieutenant governor, and the speaker of the house
  of representatives, respectively, shall:
               (1)  prioritize appointing individuals with
  experience in:
                     (A)  aeronautics;
                     (B)  space economic development; and
                     (C)  academic engagement with the space
  economy; and
               (2)  ensure that the appointments reflect, to the
  extent possible, the ethnic and geographic diversity of this
  state.
         (c)  A vacancy on the executive committee is filled in the
  same manner as the initial appointment.
         (d)  The executive committee shall:
               (1)  elect a presiding officer from among the members
  of the committee; and
               (2)  meet at the call of the presiding officer.
         Sec. 482.607.  GIFTS, GRANTS, AND DONATIONS. The
  executive committee may solicit and accept on behalf of the
  consortium gifts, grants, or donations from any public or private
  source for the purpose of carrying out this subchapter.
         Sec. 482.608.  GENERAL DUTIES. (a) The executive
  committee shall:
               (1)  develop and execute a comprehensive statewide
  strategic plan to further the purposes of the consortium;
               (2)  gather and coordinate recommendations from
  consortium members on funding and research opportunities in
  accordance with the purposes of the consortium; and
               (3)  establish procedures and policies for the
  administration of the consortium, including:
                     (A)  procedures for documenting compliance by
  members of the committee and consortium and consortium staff with
  applicable laws governing conflicts of interest;
                     (B)  designation of a member of the committee
  as the committee's liaison to the commission; and
                     (C)  procedures for entering into contracts
  with The Texas A&M University System as necessary for that system
  to provide administrative and staff support to the consortium.
         (b)  A member of the consortium may participate in
  consortium fact-finding and strategic planning and the formation
  of recommendations for purposes of Subsections (a)(1) and
  (a)(2). Before assisting the executive committee as provided by
  this subsection, a member of the consortium must designate a
  liaison to the executive committee to represent that member.
         Sec. 482.609.  BIENNIAL REPORT. Not later than December
  31 of each even-numbered year, the executive committee shall
  submit to the commission a written report that includes for that
  biennium:
               (1)  the activities and objectives of the
  consortium;
               (2)  a synopsis of the funding and research
  opportunities identified by the consortium;
               (3)  legislative recommendations, if any;
               (4)  prospective grants or funding the consortium
  members expect to receive, if any; and
               (5)  research accomplishments associated with the
  consortium, if any.
         Explanation: The change is necessary to establish the
  Texas Space Commission and the Texas Aerospace Research and Space
  Economy Consortium as entities administratively attached to the
  office of the governor under a new chapter of the Government Code
  and to provide certain governance and other requirements
  applicable to those entities.
  Suspending limitations on conference committee jurisdiction,
  H.B. No. 3447.
 
 
 
 
    _______________________________ 
        President of the Senate
     
         I hereby certify that the
    above Resolution was adopted by
    the Senate on May 28, 2023, by the
  following vote:  Yeas 31, Nays 0.
   
   
   
    _______________________________ 
        Secretary of the Senate
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