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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 88th |
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Legislature, Regular Session, 2023, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 3447 (the establishment and administration of the |
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Texas Space Commission and the Texas Aerospace Research and Space |
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Economy Consortium) to consider and take action on the following |
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matters: |
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(1) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement by omitting proposed |
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SECTIONS 1 and 2 of the bill. The omitted text reads: |
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SECTION 1. Chapter 61, Education Code, is amended by |
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adding Subchapter V-1 to read as follows: |
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SUBCHAPTER V-1. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY |
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CONSORTIUM |
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Sec. 61.921. DEFINITIONS. In this subchapter: |
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(1) "Consortium" means the Texas Aerospace Research |
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and Space Economy Consortium. |
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(2) "Executive committee" means the executive |
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committee of the consortium. |
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Sec. 61.922. ESTABLISHMENT; PURPOSE. The Texas |
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Aerospace Research and Space Economy Consortium is established |
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to: |
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(1) identify research opportunities for entities |
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within this state that: |
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(A) strengthen this state's proven leadership |
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in civil, commercial, and military aerospace activity; |
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(B) enhance this state's position in |
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aeronautics research and development, astronautics, space |
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commercialization, and space flight infrastructure; and |
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(C) enhance the integration of the space, |
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aeronautics, astronautics, and aviation industries into this |
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state's economy; and |
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(2) provide funding and research recommendations to |
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the Texas Space Commission established under Section 481.552, |
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Government Code. |
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Sec. 61.923. CONSORTIUM COMPOSITION. The consortium is |
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composed of: |
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(1) each institution of higher education; and |
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(2) any other entity that the executive committee |
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considers necessary. |
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Sec. 61.924. ADMINISTRATIVE ATTACHMENT. (a) The |
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consortium is administratively attached to the board for the |
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purpose of receiving and administering appropriations and other |
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funds under this subchapter. The board is not responsible for |
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providing to the consortium staff, human resources, contract |
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monitoring, purchasing, or any other administrative support |
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services. |
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(b) The board may not use funds intended to carry out the |
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purposes of this subchapter for any costs incurred by the board |
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under this subchapter. |
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Sec. 61.925. EXECUTIVE COMMITTEE COMPOSITION. (a) The |
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consortium is governed by an independent executive committee |
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composed of the following nine members: |
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(1) two members appointed by the governor; |
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(2) two members appointed by the lieutenant |
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governor; |
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(3) two members appointed by the speaker of the |
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house of representatives; |
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(4) the chancellor of The Texas A&M University |
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System or the chancellor's designee; |
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(5) the chancellor of The University of Texas System |
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or the chancellor's designee; and |
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(6) the president of Rice University or the |
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president's designee. |
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(b) In making appointments under Subsection (a), the |
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governor, the lieutenant governor, and the speaker of the house |
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of representatives, respectively, shall: |
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(1) prioritize appointing individuals with |
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experience in: |
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(A) aeronautics; |
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(B) space economic development; and |
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(C) academic engagement with the space |
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economy; and |
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(2) ensure that the appointments reflect, to the |
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extent possible, the ethnic and geographic diversity of this |
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state. |
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(c) A vacancy on the executive committee is filled in the |
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same manner as the initial appointment. |
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(d) The executive committee shall: |
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(1) elect a presiding officer from among the members |
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of the committee; and |
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(2) meet at the call of the presiding officer. |
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Sec. 61.926. GIFTS, GRANTS, AND DONATIONS. The |
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executive committee may solicit and accept on behalf of the |
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consortium gifts, grants, or donations from any public or private |
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source for the purpose of carrying out this subchapter. |
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Sec. 61.927. GENERAL DUTIES. (a) The executive |
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committee shall: |
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(1) develop and execute a comprehensive statewide |
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strategic plan to further the purposes of the consortium; |
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(2) gather and coordinate recommendations from |
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consortium members on funding and research opportunities in |
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accordance with the purposes of the consortium; and |
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(3) establish procedures and policies for the |
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administration of the consortium, including: |
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(A) procedures for documenting compliance by |
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members of the committee and consortium and consortium staff with |
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applicable laws governing conflicts of interest; |
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(B) designation of a member of the committee |
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as the committee's liaison to the Texas Space Commission |
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established under Section 481.552, Government Code; and |
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(C) procedures for entering into contracts |
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with The Texas A&M University System as necessary for that system |
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to provide administrative and staff support to the consortium. |
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(b) A member of the consortium under Section 61.923 may |
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participate in consortium fact-finding, strategic planning, and |
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the formation of recommendations for purposes of Subsections |
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(a)(1) and (a)(2). Before assisting the executive committee as |
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provided by this subsection, a member of the consortium must |
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designate a liaison to the executive committee to represent that |
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member. |
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Sec. 61.928. BIENNIAL REPORT. Not later than December 31 |
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of each even-numbered year, the executive committee shall submit |
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to the Texas Space Commission established under Section 481.552, |
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Government Code, a written report that includes for that |
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biennium: |
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(1) the activities and objectives of the |
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consortium; |
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(2) a synopsis of the funding and research |
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opportunities identified by the consortium under Section |
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61.927(a); |
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(3) legislative recommendations, if any; |
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(4) prospective grants or funding the consortium |
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members expect to receive, if any; and |
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(5) research accomplishments associated with the |
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consortium, if any. |
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SECTION 2. Chapter 481, Government Code, is amended by |
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adding Subchapter FF to read as follows: |
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SUBCHAPTER FF. TEXAS SPACE COMMISSION |
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Sec. 481.551. DEFINITIONS. In this subchapter: |
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(1) "Board" means the board of directors of the |
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commission. |
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(2) "Commission" means the Texas Space Commission. |
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(3) "Fund" means the Space Exploration and |
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Aeronautics Research Fund. |
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(4) "Institution of higher education" has the |
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meaning assigned by Section 61.003, Education Code. |
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Sec. 481.552. ESTABLISHMENT; PURPOSE. (a) The Texas |
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Space Commission is established to strengthen this state's |
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proven leadership in civil, commercial, and military aerospace |
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activity. |
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(b) The purpose of the commission is to promote |
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innovation in the fields of space exploration and commercial |
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aerospace opportunities, including the integration of space, |
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aeronautics, and aviation industries into the economy of this |
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state. |
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Sec. 481.553. BOARD OF DIRECTORS; EXECUTIVE DIRECTOR. |
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(a) The commission is governed by a nine-member board of |
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directors. The board is composed of: |
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(1) three members appointed by the governor; |
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(2) three members appointed by the lieutenant |
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governor; and |
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(3) three members appointed by the governor from a |
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list of names submitted by the speaker of the house of |
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representatives. |
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(b) In making appointments or selecting persons for |
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inclusion on the list submitted to the governor under Subsection |
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(a), the governor, lieutenant governor, and speaker of the house |
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of representatives shall prioritize appointing or selecting, as |
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applicable, individuals with experience in: |
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(1) commercial aerospace; |
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(2) civil aviation; |
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(3) military aerospace; |
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(4) space economic development; |
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(5) space-related academic research; and |
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(6) nonprofit support of the space economy. |
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(c) Members of the board serve two-year terms and may be |
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reappointed for additional terms. |
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(d) A vacancy on the board is filled in the same manner as |
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the initial appointment. |
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(e) The board shall: |
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(1) elect a presiding officer from among the members |
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of the board; |
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(2) appoint an executive director of the commission |
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and determine the title, functions, duties, powers, and salary of |
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the executive director; and |
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(3) adopt rules as necessary to implement the duties |
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of the commission under this subchapter. |
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(f) The executive director of the commission may hire |
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staff as necessary to implement the duties of the commission |
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under this subchapter. |
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Sec. 481.554. ADMINISTRATIVE ATTACHMENT. (a) The |
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commission is administratively attached to the office of the |
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governor. |
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(b) The office of the governor shall provide the |
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commission staff and facilities as necessary to assist the |
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commission in performing the commission's duties under this |
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subchapter. |
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Sec. 481.555. AUTHORITY. The commission may, as |
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necessary to perform the commission's duties under this |
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subchapter: |
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(1) execute contracts and other documents, |
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including by authorizing one or more members of the commission to |
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execute contracts and other documents on behalf of the |
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commission; |
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(2) conduct proceedings and other activities; |
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(3) establish and create boards, committees, or |
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other entities, which may include an advisory board composed of |
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representatives of military, federal government, and private |
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aeronautic entities, and delegate authority or duties to those |
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entities; |
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(4) provide financial services to support |
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aerospace-related development within this state, including by: |
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(A) capitalizing, underwriting, leasing, |
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selling, or securing funding for aerospace-related |
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infrastructure; and |
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(B) acquiring, accepting, or administering |
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grants and contracts to perform activities consistent with the |
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commission's purpose; |
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(5) execute intergovernmental agreements and |
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development agreements consistent with existing law, including |
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with institutions of higher education and nonprofit entities; |
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and |
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(6) engage in the planning and implementation of |
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aerospace-related educational opportunities within this state in |
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coordination with the Texas Aerospace Research and Space Economy |
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Consortium established under Section 61.922, Education Code. |
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Sec. 481.556. STRATEGIC PLAN. (a) The commission shall |
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develop and annually update a strategic plan for the promotion of |
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space, aeronautics, and aviation economic development in this |
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state. |
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(b) The strategic plan must include a list of potential |
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projects that further the purpose of the commission, and, for |
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each project: |
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(1) the estimated total cost for completion, |
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including a potential state matching cost; and |
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(2) an assessment of the availability of external |
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funding sources. |
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(c) The strategic plan may include any other information |
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the commission determines is relevant to furthering the purpose |
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of the commission. |
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(d) The board shall submit the strategic plan to the |
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governor, the lieutenant governor, and the speaker of the house |
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of representatives not later than December 31 of each year. |
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Sec. 481.557. SPACE EXPLORATION AND AERONAUTICS RESEARCH |
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FUND; GRANTS. (a) The commission shall establish the Space |
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Exploration and Aeronautics Research Fund to provide grants to |
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eligible entities as provided by this section. |
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(b) The fund is a trust fund outside the treasury with the |
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comptroller and administered by the commission. |
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(c) The fund is composed of: |
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(1) gifts, grants, or donations provided to the |
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commission; and |
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(2) money from any source designated by the |
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legislature. |
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(d) Using money available in the fund, the commission may |
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provide grants to eligible entities described by Subsection (e) |
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for the purposes of: |
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(1) development of emerging technologies required |
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for any aspect of human space flight; |
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(2) research involving any aspect of space |
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exploration and space flight; |
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(3) workforce training to promote space exploration |
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and space flight; and |
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(4) curation of post-mission materials involved in |
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space exploration and space flight. |
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(e) The following entities are eligible for a grant made |
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under this section: |
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(1) a business or nonprofit entity involved in the |
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space exploration, research, or aeronautics industry; and |
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(2) a governmental entity with which the commission |
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has entered into an intergovernmental agreement for that |
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purpose. |
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(f) The commission shall establish procedures for the |
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administration and approval of grants made under this section, |
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including procedures to ensure that a grant provided under this |
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section is in the public interest and serves the public purpose |
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of economic development and diversification. |
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Explanation: The change is necessary to allow the Texas |
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Space Commission and the Texas Aerospace Research and Space |
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Economy Consortium to be established under a new chapter of the |
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Government Code. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding SECTION 1 of the bill to |
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read as follows: |
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SECTION 1. Subtitle F, Title 4, Government Code, is |
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amended by adding Chapter 482 to read as follows: |
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CHAPTER 482. TEXAS AEROSPACE AND TECHNOLOGY SUPPORT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 482.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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commission. |
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(2) "Commission" means the Texas Space Commission. |
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(3) "Fund" means the space exploration and |
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aeronautics research fund. |
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(4) "Institution of higher education" has the |
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meaning assigned by Section 61.003, Education Code. |
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SUBCHAPTER B. TEXAS SPACE COMMISSION |
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Sec. 482.101. ESTABLISHMENT; PURPOSE. (a) The Texas |
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Space Commission is established to strengthen this state's |
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proven leadership in civil, commercial, and military aerospace |
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|
activity. |
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|
(b) The purpose of the commission is to promote |
|
|
innovation in the fields of space exploration and commercial |
|
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aerospace opportunities, including the integration of space, |
|
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aeronautics, and aviation industries into the economy of this |
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state. |
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Sec. 482.102. ADMINISTRATIVE ATTACHMENT. (a) The |
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commission is administratively attached to the office of the |
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governor, and the office of the governor shall provide |
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administrative support to the commission as provided by this |
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section. The equal employment opportunity officer and the |
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internal auditor of the office of the governor shall serve the |
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same functions for the commission as they serve for the office of |
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the governor. |
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(b) The office of the governor and the board shall enter |
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into a memorandum of understanding detailing: |
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(1) the administrative support the commission |
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requires from the office of the governor to fulfill the purposes |
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of this chapter; |
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(2) the reimbursement of administrative expenses to |
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the office of the governor; and |
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(3) any other provisions available by law to ensure |
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the efficient operation of the commission as attached to the |
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office of the governor. |
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Sec. 482.103. SUNSET PROVISION. The commission is |
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subject to Chapter 325 (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the commission is |
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abolished and this chapter expires September 1, 2032. |
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Sec. 482.104. STATE AUDITOR. Nothing in this chapter |
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limits the authority of the state auditor under Chapter 321 or |
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other law. |
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Sec. 482.105. BOARD OF DIRECTORS. (a) The commission is |
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governed by a nine-member board of directors. The board is |
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composed of: |
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(1) three members appointed by the governor; |
|
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(2) three members appointed by the lieutenant |
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governor; and |
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(3) three members appointed by the speaker of the |
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house of representatives. |
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(b) In making appointments under Subsection (a), the |
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governor, lieutenant governor, and speaker of the house of |
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representatives shall prioritize appointing individuals with |
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experience in: |
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(1) commercial aerospace; |
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(2) civil aviation; |
|
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(3) military aerospace; |
|
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(4) space economic development; |
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(5) space-related academic research; and |
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(6) nonprofit support of the space economy. |
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(c) Members of the board appointed by the governor, |
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lieutenant governor, and speaker of the house serve at the |
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pleasure of the appointing office for staggered six-year terms, |
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with the terms of two members expiring on January 31 of each |
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odd-numbered year. |
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(d) If a vacancy occurs on the board, the appropriate |
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appointing authority shall appoint a successor, in the same |
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manner as the original appointment, to serve for the remainder of |
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the unexpired term. The appropriate appointing authority shall |
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appoint the successor not later than the 30th day after the date |
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the vacancy occurs. |
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(e) Not later than the 30th day after the date a board |
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member's term expires, the appropriate appointing authority |
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shall appoint a replacement. |
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(f) The board shall elect a presiding officer from among |
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the members of the board. |
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Sec. 482.106. EXECUTIVE DIRECTOR. (a) The board shall |
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hire an executive director. The executive director shall perform |
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the duties required by this chapter and any duty delegated by the |
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board. |
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(b) The executive director must have a demonstrated |
|
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ability to lead and develop academic, commercial, military, or |
|
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governmental partnerships and coalitions. |
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(c) The executive director may hire staff as necessary to |
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implement the duties of the commission under this chapter. |
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Sec. 482.107. BOARD OF DIRECTORS: AUTHORITY. (a) The |
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board shall: |
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(1) direct the activities of, establish goals for, |
|
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and provide oversight to the commission; |
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(2) develop and execute a strategic plan in |
|
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accordance with Section 482.201; |
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(3) establish the appropriate standards and |
|
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executive bodies to ensure the proper use of funds authorized |
|
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under this chapter for research and facilities development; |
|
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(4) identify research and funding opportunities for |
|
|
entities within this state that: |
|
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(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 |
|
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materials derived from or developed through space exploration |
|
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and space flight; |
|
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(5) capitalize, promote, and assist in the |
|
|
development of workforce training to further the development of |
|
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emerging technologies required for all aspects of space |
|
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exploration; and |
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(6) solicit proposals on funding and research |
|
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opportunities related to the objectives in this chapter from the |
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Texas Aerospace Research and Space Economy Consortium |
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established under Subchapter G. |
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(b) The board shall employ a chief compliance officer to |
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monitor and report to the board regarding compliance with this |
|
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chapter and rules adopted under this chapter. The chief |
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compliance officer shall ensure that all grant proposals comply |
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with this chapter and rules adopted under this chapter before the |
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proposals are submitted to the board for approval. |
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(c) The board may: |
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(1) establish ad hoc advisory committees as |
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necessary to carry out the board's duties under this chapter; |
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(2) adopt and use an official seal; |
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(3) solicit and accept gifts or grants, and contract |
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with any entity; |
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(4) acquire and convey property or an interest in |
|
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property; |
|
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(5) procure insurance and pay premiums on insurance |
|
|
of any type, in accounts, and from insurers as the board |
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considers necessary and advisable to accomplish any of the |
|
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commission's purposes; |
|
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(6) make grants to public or private persons with an |
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established presence within this state to encourage economic |
|
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development related to space and aerospace; |
|
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(7) make grants to enhance the capacity of |
|
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institutions of higher education to participate in and support |
|
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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 |
|
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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 |