By Greenberg H.B. No. 1168
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 484.001, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 484.001. ESTABLISHMENT. The Texas Manufacturing
1-7 Institute shall be established as a nonprofit corporation,
1-8 organized under the Texas Non-Profit Corporation Act (Article
1-9 1396-1.01 et seq., Vernon's Texas Civil Statutes), to carry out the
1-10 purposes of this chapter [consists of governmental agencies,
1-11 educational institutions, and other entities, involved in the
1-12 promotion of manufacturing, that join as members of the institute].
1-13 SECTION 2. Section 484.002, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 484.002. DUTIES. The institute shall:
1-16 (1) identify needs within Texas' manufacturing
1-17 infrastructure, work to meet those needs, promote Texas'
1-18 manufacturing strengths and capabilities, and communicate the
1-19 importance of manufacturing to the state's economic future;
1-20 (2) develop a program of activities that will improve
1-21 Texas' manufacturing capabilities by enhancing existing research,
1-22 educational, and technical training programs aimed at developing
1-23 and transferring new manufacturing technologies and at increasing
1-24 the skilled work force in manufacturing;
2-1 (3) take all opportunities for cooperation among
2-2 manufacturing programs of participating [its member] institutions;
2-3 (4) encourage the development of the statewide
2-4 manufacturing program among participating [its member]
2-5 institutions, including the areas of microelectronics, electronics
2-6 assembly, automation and robotics, concurrent engineering, computer
2-7 integrated manufacturing, artificial intelligence applications, and
2-8 flexible manufacturing systems; and
2-9 (5) seek opportunities to facilitate cooperative
2-10 efforts among participating institutions [members of the
2-11 institute], other educational institutions in this state, private
2-12 research organizations, industry, and federal laboratories.
2-13 SECTION 3. Section 484.003, Government Code, is amended to
2-14 read as follows:
2-15 Sec. 484.003. Governing [POLICY] BOARD. (a) The institute
2-16 is governed by an initial [a policy] board of directors composed of
2-17 the executive director of the Texas Department of Commerce or the
2-18 director's designee and one member appointed by the lieutenant
2-19 governor, one member appointed by the speaker of the house of
2-20 representatives, and one member appointed by each entity
2-21 participating in the institute [one member appointed by each member
2-22 institution]. The bylaws of the corporation shall provide for a
2-23 permanent board of directors, which must include the executive
2-24 director of the Texas Department of Commerce or the director's
2-25 designee, a member appointed by the lieutenant governor, and a
2-26 member appointed by the speaker.
2-27 (b) The board of directors:
3-1 (1) shall submit an annual budget for the institute to
3-2 the Legislative Budget Board; and
3-3 (2) is subject to Chapter 551, Government Code. [The
3-4 policy board shall elect the chairman from among the policy board's
3-5 members. The chairman serves a two-year term. A person who has
3-6 been chairman is not eligible to be elected chairman. The policy
3-7 board shall establish policies and strategies necessary for the
3-8 institute to accomplish the purposes of this chapter.]
3-9 SECTION 4. Section 484.005, Government Code, is amended to
3-10 read as follows:
3-11 Sec. 484.005. PUBLIC [AND PRIVATE] FUNDS. The Texas
3-12 Department of Commerce may contract with the institute for the
3-13 purpose of providing [may receive] state-appropriated funds for use
3-14 [and use the funds] as matching funds for federal grants for
3-15 [proposals and contracts to provide specialized equipment and
3-16 facilities for members of the institute and to assist with
3-17 technology transfer to Texas industry, and as seed funds for new]
3-18 programs and purposes within the scope of the institute. The
3-19 contract must adequately provide for the department's oversight of
3-20 the use of state funds to ensure that those funds are being used by
3-21 the institute in accordance with the contract. The institute may
3-22 accept gifts, donations, and grants, including federal funds, to
3-23 support its purposes and programs.
3-24 SECTION 5. Chapter 484, Government Code, is amended by
3-25 adding Sections 484.008 and 484.009 to read as follows:
3-26 Sec. 484.008. INFORMATION CONFIDENTIAL. (a) Information
3-27 relating to a product or process and the application or use of a
4-1 product or process, technological and scientific information,
4-2 including computer programs, and manufacturing and business systems
4-3 and processes of the customer, developed in whole or part by a
4-4 customer of the institute, are confidential and are not subject to
4-5 disclosure under state law or otherwise, regardless of whether the
4-6 product or process is patentable or capable of being registered
4-7 under copyright or trademark laws or has a potential for being
4-8 sold, traded, or licensed for a fee.
4-9 (b) Nothing in this chapter prevents or restricts the
4-10 institute from obtaining information relating to a product or
4-11 process from an applicant or recipient of institute services or
4-12 from obtaining information related to the results of services
4-13 provided to the customer.
4-14 Sec. 484.009. IMMUNITY FROM LIABILITY. (a) A member of the
4-15 board or another person acting on behalf of the institute in
4-16 executing a contract, commitment, or agreement under this chapter
4-17 is not personally liable on the contract, commitment, or agreement.
4-18 (b) A member of the board or another person acting on behalf
4-19 of the institute is not personally liable for damage or injury
4-20 resulting from the performance of duties under this chapter.
4-21 SECTION 6. Chapter 484, Government Code, is amended by
4-22 adding Section 484.010 to read as follows:
4-23 Sec. 484.010. AUDIT. The institute is subject to audit by
4-24 the state auditor.
4-25 SECTION 7. Sections 484.004, 484.006, and 484.007,
4-26 Government Code, are repealed.
4-27 SECTION 8. The Texas Department of Commerce shall conduct a
5-1 study to determine when the Texas Manufacturing Institute can
5-2 become a self-supporting entity no longer requiring state
5-3 appropriations. The department shall issue the report to the
5-4 legislature no later than January 1, 1998.
5-5 SECTION 9. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended,
5-10 and that this Act take effect and be in force from and after its
5-11 passage, and it is so enacted.