By Henderson S.B. No. 1586
74R6660 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Manufacturing Institute.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 484.002, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 484.002. Duties. The institute shall:
1-7 (1) identify needs within Texas' manufacturing
1-8 infrastructure, work to meet those needs, promote Texas'
1-9 manufacturing strengths and capabilities, and communicate the
1-10 importance of manufacturing to the state's economic future;
1-11 (2) develop a program of activities that will improve
1-12 Texas' manufacturing competitiveness <capabilities> by:
1-13 (A) increasing productivity through <enhancing
1-14 existing research, educational, and technical training programs
1-15 aimed at developing and> transferring new technology <manufacturing
1-16 technologies> and processes;
1-17 (B) increasing access to information and
1-18 productive use of technology; and
1-19 (C) <at> increasing the skilled and competitive
1-20 work force in manufacturing;
1-21 (3) take all opportunities for cooperation among
1-22 manufacturing programs of its member institutions;
1-23 (4) encourage the development of the statewide
1-24 manufacturing program among its member institutions, including the
2-1 areas of microelectronics, electronics assembly, automation and
2-2 robotics, concurrent engineering, computer integrated
2-3 manufacturing, artificial intelligence applications, and flexible
2-4 manufacturing systems; and
2-5 (5) seek opportunities to facilitate cooperative
2-6 efforts among members of the institute, other educational
2-7 institutions in this state, private research organizations,
2-8 industry, and federal laboratories.
2-9 SECTION 2. Section 484.003, Government Code, is amended to
2-10 read as follows:
2-11 Sec. 484.003. Policy Board. The institute is governed by a
2-12 policy board composed of one member appointed by each member
2-13 institution. The policy board shall annually elect <the chairman>
2-14 from among the policy board's members a chairman and other officers
2-15 as necessary for the performance of its duties. <The chairman
2-16 serves a two-year term. A person who has been chairman is not
2-17 eligible to be elected chairman.> The policy board shall establish
2-18 policies and strategies necessary for the institute to accomplish
2-19 the purposes of this chapter.
2-20 SECTION 3. Section 484.005, Government Code, is amended to
2-21 read as follows:
2-22 Sec. 484.005. Public and Private Funds. The institute may
2-23 receive state-appropriated funds and use the funds as matching
2-24 funds for federal proposals and contracts to provide specialized
2-25 equipment and facilities for members of the institute and to assist
2-26 with technology transfer to Texas industry, and as seed funds for
2-27 new programs within the scope of the institute. The institute may
3-1 accept gifts, donations, <and> grants, including state and federal
3-2 funds, interest paid on money in accounts of a nonprofit
3-3 corporation created under this chapter, application and membership
3-4 fees, royalty receipts, dividend income, and other amounts received
3-5 by the institute in carrying out <to support> its purposes and
3-6 programs.
3-7 SECTION 4. Chapter 484, Government Code, is amended by
3-8 amending Section 484.007 and adding Sections 484.008-484.011 to
3-9 read as follows:
3-10 Sec. 484.007. CONFLICT OF INTEREST <STAFFING>. A director,
3-11 employee, or officer of the institute may not participate in or
3-12 vote on a decision of the policy board relating to an organization
3-13 in which the director, employee, or officer has either a direct or
3-14 an indirect financial interest. <Staffing to carry out the
3-15 purposes of this chapter, to the extent required, will be provided
3-16 by member institutions.>
3-17 Sec. 484.008. NONPROFIT CORPORATION. (a) The Texas
3-18 Manufacturing Institute may create a corporation under the Texas
3-19 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
3-20 Texas Civil Statutes) to perform the duties required of the
3-21 institute under this chapter.
3-22 (b) A nonprofit corporation created under this chapter may
3-23 not provide pecuniary gain, incidental or otherwise, to any person
3-24 other than a public entity, except for the payment of reasonable
3-25 fees for goods and services provided and approved in accordance
3-26 with the bylaws of the corporation. No part of the net income or
3-27 net earnings of the corporation shall inure to the benefit of or be
4-1 distributed, directly or indirectly, to an individual.
4-2 Sec. 484.009. ADDITIONAL POWERS AND DUTIES OF NONPROFIT
4-3 CORPORATION. (a) In addition to the rights, powers, and duties
4-4 provided by the Texas Non-Profit Corporation Act (Article 1396-1.01
4-5 et seq., Vernon's Texas Civil Statutes), a nonprofit corporation
4-6 created under this chapter may:
4-7 (1) hold patents, copyrights, trademarks, or other
4-8 evidence of protection or exclusivity issued under the law of any
4-9 state or country;
4-10 (2) enter into licensing agreements with another
4-11 person for the receipt of fees, royalties, or other monetary or
4-12 nonmonetary value; and
4-13 (3) exercise all powers necessary or appropriate to
4-14 effect any or all of the purposes for which the corporation is
4-15 organized.
4-16 (b) The nonprofit corporation may engage exclusively in the
4-17 performance of charitable functions.
4-18 Sec. 484.010. TAXATION. A nonprofit corporation created
4-19 under this chapter is exempt from all taxation by this state or a
4-20 municipality or other political subdivision of this state.
4-21 Sec. 484.011. ANNUAL REPORT. A nonprofit corporation
4-22 created under this chapter shall publish an annual report that
4-23 specifically accounts for the ways in which the corporation has
4-24 carried out the purposes of the corporation and the programs
4-25 described in this chapter.
4-26 SECTION 5. The change in law made by this Act to Section
4-27 484.003, Government Code, does not affect the entitlement of the
5-1 person who is serving as chairman of the policy board of the Texas
5-2 Manufacturing Institute immediately before the effective date of
5-3 this Act to continue to hold office until the person's term
5-4 expires. An election for chairman of the policy board of the Texas
5-5 Manufacturing Institute made on or after the effective date of this
5-6 Act must be made in accordance with Section 484.003, Government
5-7 Code, as amended by this Act.
5-8 SECTION 6. This Act takes effect September 1, 1995.
5-9 SECTION 7. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.