Bill Text: TX SR693 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
88R32848 JES-D | ||
By: Huffman | S.R. No. 693 |
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||
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. |