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R E S O L U T I O N
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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 House |
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Bill 3447 (the establishment and administration of the Texas Space |
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Commission and the Texas Aerospace Research and Space Economy |
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Consortium) to consider and take action on the following 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 adding |
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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 Aerospace |
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Research and Space Economy Consortium is established 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 in |
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civil, commercial, and military aerospace activity; |
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(B) enhance this state's position in aeronautics |
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research and development, astronautics, space commercialization, |
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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 governor; |
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(3) two members appointed by the speaker of the house |
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of representatives; |
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(4) the chancellor of The Texas A&M University System |
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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 of |
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representatives, respectively, shall: |
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(1) prioritize appointing individuals with experience |
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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 economy; |
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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 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 executive |
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committee may solicit and accept on behalf of the consortium gifts, |
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grants, or donations from any public or private source for the |
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purpose of carrying out this subchapter. |
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Sec. 61.927. GENERAL DUTIES. (a) The executive committee |
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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 as |
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the committee's liaison to the Texas Space Commission established |
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under Section 481.552, Government Code; and |
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(C) procedures for entering into contracts with |
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The Texas A&M University System as necessary for that system to |
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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 (a)(1) |
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and (a)(2). Before assisting the executive committee as provided |
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by this subsection, a member of the consortium must designate a |
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liaison to the executive committee to represent that member. |
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Sec. 61.928. BIENNIAL REPORT. Not later than December 31 of |
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each even-numbered year, the executive committee shall submit to |
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the Texas Space Commission established under Section 481.552, |
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Government Code, a written report that includes for that biennium: |
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(1) the activities and objectives of the 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 Aeronautics |
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Research Fund. |
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(4) "Institution of higher education" has the meaning |
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assigned by Section 61.003, Education Code. |
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Sec. 481.552. ESTABLISHMENT; PURPOSE. (a) The Texas Space |
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Commission is established to strengthen this state's proven |
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leadership in civil, commercial, and military aerospace activity. |
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(b) The purpose of the commission is to promote innovation |
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in the fields of space exploration and commercial aerospace |
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opportunities, including the integration of space, aeronautics, |
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and aviation industries into the economy of this state. |
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Sec. 481.553. BOARD OF DIRECTORS; EXECUTIVE DIRECTOR. (a) |
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The commission is governed by a nine-member board of directors. The |
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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 of |
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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 staff |
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as necessary to implement the duties of the commission under this |
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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 commission |
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staff and facilities as necessary to assist the commission in |
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performing the commission's duties under this subchapter. |
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Sec. 481.555. AUTHORITY. The commission may, as necessary |
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to perform the commission's duties under this subchapter: |
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(1) execute contracts and other documents, including |
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by authorizing one or more members of the commission to execute |
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contracts and other documents on behalf of the commission; |
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(2) conduct proceedings and other activities; |
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(3) establish and create boards, committees, or other |
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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 infrastructure; |
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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; 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 each |
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project: |
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(1) the estimated total cost for completion, including |
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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 the |
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commission determines is relevant to furthering the purpose of the |
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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 of |
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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) for |
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the purposes of: |
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(1) development of emerging technologies required for |
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any aspect of human space flight; |
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(2) research involving any aspect of space exploration |
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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 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 of |
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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 Economy |
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Consortium to be established under a new chapter of the Government |
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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 read |
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as follows: |
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SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 482 to read as follows: |
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CHAPTER 482. TEXAS 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 aeronautics |
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research fund. |
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(4) "Institution of higher education" has the meaning |
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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 Space |
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Commission is established to strengthen this state's proven |
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leadership in civil, commercial, and military aerospace activity. |
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(b) The purpose of the commission is to promote innovation |
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in the fields of space exploration and commercial aerospace |
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opportunities, including the integration of space, aeronautics, |
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and aviation industries into the economy of this 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 internal |
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auditor of the office of the governor shall serve the same functions |
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for the commission as they serve for the office of 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 of |
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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 office |
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of the governor. |
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Sec. 482.103. SUNSET PROVISION. The commission is subject |
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to Chapter 325 (Texas Sunset Act). Unless continued in existence as |
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provided by that chapter, the commission is abolished and this |
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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 other |
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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 composed |
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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 pleasure |
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of the appointing office for staggered six-year terms, with the |
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terms of two members expiring on January 31 of each odd-numbered |
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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 manner |
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as the original appointment, to serve for the remainder of the |
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unexpired term. The appropriate appointing authority shall appoint |
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the successor not later than the 30th day after the date the vacancy |
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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 shall |
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appoint a replacement. |
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(f) The board shall elect a presiding officer from among the |
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members of the board. |
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Sec. 482.106. EXECUTIVE DIRECTOR. (a) The board shall hire |
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an executive director. The executive director shall perform the |
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duties required by this chapter and any duty delegated by the board. |
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(b) The executive director must have a demonstrated ability |
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to lead and develop academic, commercial, military, or governmental |
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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 board |
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shall: |
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(1) direct the activities of, establish goals for, and |
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provide oversight to the commission; |
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(2) develop and execute a strategic plan in accordance |
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with Section 482.201; |
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(3) establish the appropriate standards and executive |
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bodies to ensure the proper use of funds authorized under this |
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chapter for research and facilities development; |
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(4) identify research and funding opportunities for |
|
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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 |
|
|
materials derived from or developed through space exploration and |
|
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space flight; |
|
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(5) capitalize, promote, and assist in the development |
|
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of workforce training to further the development of emerging |
|
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technologies required for all aspects of space 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 established |
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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 compliance |
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officer shall ensure that all grant proposals comply with this |
|
|
chapter and rules adopted under this chapter before the proposals |
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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 necessary |
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to carry out the board's duties under this chapter; |
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(2) adopt and use an official seal; |
|
|
(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 |
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any type, in accounts, and from insurers as the board considers |
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necessary and advisable to accomplish any of the commission's |
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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; |
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(8) provide matching funding to external funding |
|
|
provided by relevant federal agencies, private industry, or private |
|
|
research organizations; and |
|
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(9) 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 Subchapter G. |
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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 |
|
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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. |
|
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SUBCHAPTER D. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND |
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Sec. 482.301. SPACE EXPLORATION AND AERONAUTICS RESEARCH |
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FUND; ESTABLISHMENT. (a) The space exploration and aeronautics |
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research fund is established to provide grants to eligible entities |
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as provided by this chapter. |
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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, and 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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Sec. 482.302. SPACE EXPLORATION AND AERONAUTICS RESEARCH |
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FUND; GRANTS. (a) Using money available in the fund, the |
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commission may provide grants to eligible entities described by |
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Subsection (b) for the purposes of: |
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(1) development of emerging technologies required for |
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any aspect of human space flight; |
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(2) research involving any aspect of space exploration |
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and space flight; |
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(3) workforce training to promote space exploration |
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and space flight; |
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(4) curation of post-mission materials involved in |
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space exploration and space flight; and |
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(5) development of infrastructure useful or necessary |
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for the establishment or maintenance of a spaceport. |
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(b) The following entities are eligible for a grant made |
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under this subchapter: |
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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 purpose. |
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(c) The board shall comply with the provisions of this |
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chapter in developing the procedures for administration and |
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approval of grants through the fund. |
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(d) The commission shall provide written notification to |
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the Legislative Budget Board not later than the 30th day after the |
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date a grant award is made from the fund. |
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SUBCHAPTER E. ETHICS AND AUDIT |
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Sec. 482.401. CONFLICT OF INTEREST. (a) The board shall |
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adopt conflict-of-interest rules to govern members of the board and |
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commission employees. |
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(b) A board member or commission employee shall recuse |
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himself or herself, as provided by Section 482.402, if the board |
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member or employee, or a person who is related to the board member |
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or employee within the second degree of affinity or consanguinity, |
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has a professional or financial interest in an entity receiving or |
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applying to receive money from the commission. |
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(c) A person has a financial interest in an entity receiving |
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or applying to receive money from the commission if the person: |
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(1) owns or controls, directly or indirectly, an |
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ownership interest, including sharing in profits, proceeds, or |
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capital gains, in an entity, or in a foundation or similar |
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organization affiliated with an entity, receiving or applying to |
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receive money from the commission; or |
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(2) could reasonably foresee that an action or |
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recommendation by the board or commission could result in a |
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financial benefit to the person. |
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(d) Nothing in this subchapter limits the authority of the |
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board to adopt additional conflict-of-interest standards. |
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Sec. 482.402. DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL. |
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(a) If a board member has a conflict of interest as described by |
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Section 482.401 regarding an application that comes before the |
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board for review or other action, the board member shall: |
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(1) provide written notice to the executive director |
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and the presiding officer of the board or the next ranking member of |
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the board if the presiding officer has the conflict of interest; |
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(2) disclose the conflict of interest in an open |
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meeting of the board; and |
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(3) recuse himself or herself from participating in |
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the review, discussion, deliberation, and vote on the application |
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and from accessing information regarding the matter to be decided. |
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(b) If a commission employee has a conflict of interest |
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described by Section 482.401 regarding an application that comes |
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before the employee for review or other action, the employee shall: |
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(1) provide written notice to the executive director |
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of the conflict of interest; and |
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(2) recuse himself or herself from participating in |
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the review of the application and be prevented from accessing |
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information regarding the matter to be decided. |
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(c) A board member or commission employee with a conflict of |
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interest may seek a waiver as provided by Section 482.403. |
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(d) A board member or commission employee who reports a |
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potential conflict of interest or another impropriety or |
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self-dealing of the member or employee and who fully complies with |
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the recommendations of the general counsel and recusal requirements |
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is considered in compliance with the conflict-of-interest |
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provisions of this subchapter. The member or employee is subject to |
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other applicable laws, rules, requirements, and prohibitions. |
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(e) A board member or commission employee who intentionally |
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violates this section is subject to removal from further |
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participation in the commission's review process. |
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Sec. 482.403. EXCEPTIONAL CIRCUMSTANCES REQUIRING |
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PARTICIPATION; INVESTIGATION OF UNREPORTED CONFLICT OF INTEREST. |
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(a) The board shall adopt rules governing the waiver of the |
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conflict-of-interest requirements of this subchapter under |
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exceptional circumstances for a board member or commission |
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employee. The rules must: |
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(1) authorize the executive director or a board member |
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to propose granting a waiver by submitting to the presiding officer |
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of the board a written statement about the conflict of interest, the |
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exceptional circumstance requiring the waiver, and any proposed |
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limitations to the waiver; |
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(2) require a proposed waiver to be publicly reported |
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at a meeting of the board; |
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(3) require a majority vote of the board members |
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present and voting to grant a waiver; and |
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(4) require the commission to retain documentation of |
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each waiver granted. |
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(b) The board shall adopt rules governing the investigation |
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and consequences of unreported conflicts of interest. |
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Sec. 482.404. CODE OF CONDUCT. (a) The board shall adopt a |
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code of conduct applicable to each board member and commission |
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employee. |
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(b) The code of conduct at a minimum must include provisions |
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prohibiting the member, the employee, or the member's or employee's |
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spouse from: |
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(1) accepting or soliciting any gift, favor, or |
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service that could reasonably influence the member or employee in |
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the discharge of official duties or that the member, employee, or |
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spouse of the member or employee knows or should know is being |
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offered with the intent to influence the member's or employee's |
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official conduct; |
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(2) accepting employment or engaging in any business |
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or professional activity that would reasonably require or induce |
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the member or employee to disclose confidential information |
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acquired in the member's or employee's official position; |
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(3) accepting other employment or compensation that |
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could reasonably impair the member's or employee's independent |
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judgment in the performance of official duties; |
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(4) making personal investments or having a financial |
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interest that could reasonably create a substantial conflict |
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between the member's or employee's private interest and the member's |
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or employee's official duties; |
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(5) intentionally or knowingly soliciting, accepting, |
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or agreeing to accept any benefit for exercising the member's |
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official powers or performing the member's or employee's official |
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duties in favor of another; |
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(6) leasing, directly or indirectly, any property, |
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capital equipment, employee, or service to any entity that receives |
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a grant from the commission; |
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(7) submitting a grant application for funding by the |
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board; |
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(8) serving on the board of directors of an |
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organization established with a grant from the commission; or |
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(9) serving on the board of directors of a grant |
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recipient. |
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SUBCHAPTER F. PROCEDURE FOR MAKING AWARDS |
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Sec. 482.501. RULES FOR GRANT AWARD PROCEDURE. (a) The |
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board shall adopt rules regarding the procedure for awarding grants |
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to an applicant under this chapter, including a procedure for the |
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Texas Aerospace Research and Space Economy Consortium to make |
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recommendations to the board for grant awards. |
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(b) The board may not award a grant to an applicant who has |
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made a gift or grant to the commission or a nonprofit organization |
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established to provide support to the commission. |
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Sec. 482.502. MULTIYEAR PROJECTS. The board may grant |
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money for a multiyear project. The board shall specify the total |
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amount of money approved to fund the multiyear project. The total |
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amount specified is considered for purposes of this subchapter to |
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have been awarded in the state fiscal year that the project is |
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approved by the board. The board shall distribute only the money |
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that will be expended during that fiscal year. The board shall |
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distribute the remaining grant money as the money is needed in each |
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subsequent state fiscal year. |
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Sec. 482.503. PREFERENCE FOR TEXAS SUPPLIERS. The board |
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shall establish standards to ensure that grant recipients purchase |
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goods and services from suppliers in this state to the extent |
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reasonably possible, in a good faith effort to achieve a goal of |
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more than 50 percent of those purchases from suppliers in this |
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state. |
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Sec. 482.504. GRANT EVALUATION. (a) The executive |
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director shall determine the grant review process under this |
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section. The executive director may terminate grants that do not |
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meet contractual obligations. |
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(b) The executive director shall report at least annually to |
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the board on the progress and continued merit of each grant funded |
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by the commission. |
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(c) The board shall establish and implement reporting |
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requirements to ensure that each grant recipient complies with the |
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terms and conditions in the grant contract, including verification |
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of the amounts of matching money dedicated to the research that is |
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the subject of the grant award to the grant recipient. |
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(d) The commission shall implement a system to: |
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(1) track the dates on which grant recipient reports |
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are due and are received by the commission; and |
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(2) monitor the status of any required report that is |
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not timely submitted to the commission by a grant recipient. |
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Sec. 482.505. GRANT RECORDS. The commission shall maintain |
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complete records of: |
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(1) the review of each grant application submitted to |
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the board, including an application reviewed in accordance with |
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rules adopted under this chapter, even if the grant application is |
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not funded by the board or is withdrawn after submission; |
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(2) each grant recipient's financial reports, |
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including the amount of matching money dedicated to the research |
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specified for the grant award; |
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(3) each grant recipient's progress reports; and |
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(4) the board's review of the grant recipient's |
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financial reports and progress reports. |
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SUBCHAPTER G. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY |
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CONSORTIUM |
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Sec. 482.601. 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. 482.602. SUNSET PROVISION. The consortium is subject |
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to Chapter 325 (Texas Sunset Act). Unless continued in existence as |
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provided by that chapter, the consortium is abolished and this |
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subchapter expires September 1, 2032. |
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Sec. 482.603. ESTABLISHMENT; PURPOSE. The Texas Aerospace |
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Research and Space Economy Consortium is established 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 in |
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civil, commercial, and military aerospace activity; |
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(B) enhance this state's position in aeronautics |
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research and development, astronautics, space commercialization, |
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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 commission. |
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Sec. 482.604. 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. 482.605. ADMINISTRATIVE ATTACHMENT. The consortium is |
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administratively attached to the office of the governor for the |
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purpose of receiving and administering appropriations and other |
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funds under this subchapter. The office of the governor is not |
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responsible for providing to the consortium staff, human resources, |
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contract monitoring, purchasing, or any other administrative |
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support services. |
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Sec. 482.606. 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 governor; |
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(3) two members appointed by the speaker of the house |
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of representatives; |
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(4) the chancellor of The Texas A&M University System |
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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 of |
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representatives, respectively, shall: |
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(1) prioritize appointing individuals with experience |
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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 economy; |
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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 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. 482.607. GIFTS, GRANTS, AND DONATIONS. The executive |
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committee may solicit and accept on behalf of the consortium gifts, |
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grants, or donations from any public or private source for the |
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purpose of carrying out this subchapter. |
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Sec. 482.608. GENERAL DUTIES. (a) The executive committee |
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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 as |
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the committee's liaison to the commission; and |
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(C) procedures for entering into contracts with |
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The Texas A&M University System as necessary for that system to |
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provide administrative and staff support to the consortium. |
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(b) A member of the consortium may participate in consortium |
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fact-finding and strategic planning and the formation of |
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recommendations for purposes of Subsections (a)(1) and (a)(2). |
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Before assisting the executive committee as provided by this |
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subsection, a member of the consortium must designate a liaison to |
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the executive committee to represent that member. |
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Sec. 482.609. BIENNIAL REPORT. Not later than December 31 |
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of each even-numbered year, the executive committee shall submit to |
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the commission a written report that includes for that biennium: |
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(1) the activities and objectives of the consortium; |
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(2) a synopsis of the funding and research |
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opportunities identified by the consortium; |
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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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Explanation: The change is necessary to establish the Texas |
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Space Commission and the Texas Aerospace Research and Space Economy |
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Consortium as entities administratively attached to the office of |
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the governor under a new chapter of the Government Code and to |
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provide certain governance and other requirements applicable to |
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those entities. |
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Suspending limitations on conference committee jurisdiction, H.B. |
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No. 3447. |