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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas technology and innovation |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 489, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. TEXAS TECHNOLOGY AND INNOVATION PROGRAM |
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Sec. 489.351. DEFINITIONS. In this subchapter: |
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(1) "Federal funding program" means the small business |
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innovation research and small business technology transfer |
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programs established by 15 U.S.C. Section 638. |
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(2) "Program" means the Texas technology and |
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innovation program established under this subchapter. |
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Sec. 489.352. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM. |
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The office shall establish and administer the Texas technology and |
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innovation program to foster job creation and economic development |
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in this state by matching or supplementing money received by a |
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business entity through the federal funding program. |
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Sec. 489.353. ELIGIBILITY. To be eligible to receive money |
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under the program, a business entity must: |
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(1) meet at least one of the following conditions: |
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(A) be organized under the laws of this state; |
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(B) maintain a domestic headquarters in this |
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state; |
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(C) maintain at least one manufacturing facility |
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in this state; or |
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(D) have more than half of the entity's employees |
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residing in this state; |
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(2) meet all requirements to receive money under the |
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federal funding program; |
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(3) not receive concurrent funding from another state |
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program or fund that serves the same purpose as the program; and |
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(4) meet any additional requirements under this |
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subchapter for the applicable phase under which the business entity |
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applies to receive money. |
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Sec. 489.354. APPLICATION. (a) A business entity may apply |
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to receive money under the program by submitting an application |
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under oath to the office on a form prescribed by the office. The |
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application must include: |
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(1) the business entity's name; |
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(2) the business entity's business organization |
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structure; |
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(3) the business entity's address and any principals |
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listed at a different address; |
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(4) certification of the information required under |
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Section 489.353; and |
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(5) any other information required by the office. |
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(b) In addition to the requirements of Subsection (a), a |
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business entity must provide to the office, as applicable: |
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(1) for "phase zero" or a similar stage of the federal |
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funding program process, a notification of receipt for an |
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application for funding under the federal funding program; |
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(2) for "phase one" or a similar stage of the federal |
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funding program process: |
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(A) a notice of award to the entity from a funding |
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agency under the federal funding program; |
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(B) a final report for the applicable stage as |
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required by the federal funding program; and |
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(C) a proposal for money under the next stage of |
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the federal funding program; and |
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(3) for "phase two" or a similar stage of the federal |
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funding program process: |
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(A) a notice of award to the entity from a funding |
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agency under the federal funding program; and |
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(B) a final report for the applicable stage as |
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required by the federal funding program. |
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Sec. 489.355. AWARD OF GRANT; LIMITATIONS. (a) The office |
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may award a "phase zero" grant under this subchapter immediately on |
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fulfillment of the requirements under Section 489.354(b)(1). |
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(b) The office may award a "phase one" grant under this |
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subchapter immediately on fulfillment of the requirements under |
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Section 489.354(b)(2). |
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(c) The office may award a "phase two" grant under this |
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subchapter immediately on fulfillment of the requirements under |
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Section 489.354(b)(3). |
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(d) A business entity may assign a grant received under this |
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subchapter only with the prior written consent of the office. |
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(e) A business entity may not receive more than: |
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(1) one grant in each state fiscal year; and |
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(2) five grants in each phase under this section. |
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(f) The office may not award more than $10 million in grants |
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under this subchapter in a single state fiscal biennium. |
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Sec. 489.356. FUNDING. (a) The office shall award grants |
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as provided by this subchapter from available money and any |
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additional money appropriated for purposes of this subchapter. |
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(b) The office may solicit and receive gifts, grants, and |
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donations from any source to provide additional funding for grants |
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awarded under this subchapter. |
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Sec. 489.357. TEXAS TECHNOLOGY AND INNOVATION TRUST FUND. |
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(a) In this section, "fund" means the Texas technology and |
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innovation trust fund established under this section. |
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(b) The Texas technology and innovation trust fund is |
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created as a trust fund within the treasury and shall be |
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administered by the office. |
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(c) The fund consists of: |
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(1) gifts, grants, and donations to the office |
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received under this subchapter; and |
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(2) money from any other source designated by the |
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legislature. |
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(d) Money in the fund may not be spent unless the office |
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certifies to the comptroller that a business entity qualifies for a |
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grant awarded under this subchapter. |
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(e) Money in the fund may be used only for a grant awarded |
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under Section 489.355(b) or (c). |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Economic Development and Tourism Office |
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shall adopt the rules necessary to implement Subchapter G, Chapter |
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489, Government Code, as added by this Act. |
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SECTION 3. (a) Notwithstanding any other section of this |
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Act, in a state fiscal year, the Texas Economic Development and |
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Tourism Office is not required to implement a provision found in |
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another section of this Act that is drafted as a mandatory provision |
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imposing a duty on the office to take an action unless money is |
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specifically appropriated to the office for that fiscal year to |
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carry out that duty. The Texas Economic Development and Tourism |
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Office may implement the provision in that fiscal year to the extent |
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other funding is available to the office to do so. |
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(b) If, as authorized by Subsection (a) of this section, the |
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Texas Economic Development and Tourism Office does not implement |
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the mandatory provision in a state fiscal year, the office, in its |
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legislative budget request for the next state fiscal biennium, |
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shall certify that fact to the Legislative Budget Board and include |
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a written estimate of the costs of implementing the provision in |
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each year of that next state fiscal biennium. |
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SECTION 4. This Act takes effect September 1, 2023. |
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