1-1 By: Greenberg (Senate Sponsor - Sibley) H.B. No. 1168
1-2 (In the Senate - Received from the House April 18, 1997;
1-3 April 22, 1997, read first time and referred to Committee on
1-4 Economic Development; May 18, 1997, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays
1-6 0; May 18, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1168 By: Sibley
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the Texas Manufacturing Institute.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 484.001, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 484.001. Establishment. The Texas Manufacturing
1-15 Institute shall be established as a nonprofit corporation,
1-16 organized under the Texas Non-Profit Corporation Act (Article
1-17 1396-1.01 et seq., Vernon's Texas Civil Statutes), to carry out the
1-18 purposes of this chapter [consists of governmental agencies,
1-19 educational institutions, and other entities, involved in the
1-20 promotion of manufacturing, that join as members of the institute].
1-21 SECTION 2. Section 484.002, Government Code, is amended to
1-22 read as follows:
1-23 Sec. 484.002. Duties. The institute shall:
1-24 (1) identify needs within Texas' manufacturing
1-25 infrastructure, work to meet those needs, promote Texas'
1-26 manufacturing strengths and capabilities, and communicate the
1-27 importance of manufacturing to the state's economic future;
1-28 (2) develop a program of activities that will improve
1-29 Texas' manufacturing capabilities by enhancing existing research,
1-30 educational, and technical training programs aimed at developing
1-31 and transferring new manufacturing technologies and at increasing
1-32 the skilled work force in manufacturing;
1-33 (3) take all opportunities for cooperation among
1-34 manufacturing programs of participating [its member] institutions;
1-35 (4) encourage the development of the statewide
1-36 manufacturing program among participating [its member]
1-37 institutions, including the areas of microelectronics, electronics
1-38 assembly, automation and robotics, concurrent engineering, computer
1-39 integrated manufacturing, artificial intelligence applications, and
1-40 flexible manufacturing systems; and
1-41 (5) seek opportunities to facilitate cooperative
1-42 efforts among participating institutions [members of the
1-43 institute], other educational institutions in this state, private
1-44 research organizations, industry, and federal laboratories.
1-45 SECTION 3. Section 484.003, Government Code, is amended to
1-46 read as follows:
1-47 Sec. 484.003. GOVERNING [POLICY] BOARD. (a) The institute
1-48 is governed by an initial [a policy] board of directors composed of
1-49 the executive director of the Texas Department of Commerce or the
1-50 director's designee and one member appointed by the lieutenant
1-51 governor, one member appointed by the speaker of the house of
1-52 representatives, and one member appointed by each entity
1-53 participating in the institute [one member appointed by each member
1-54 institution]. The bylaws of the corporation shall provide for a
1-55 permanent board of directors, which must include the executive
1-56 director of the Texas Department of Commerce or the director's
1-57 designee, a member appointed by the lieutenant governor, and a
1-58 member appointed by the speaker.
1-59 (b) The board of directors:
1-60 (1) shall submit an annual budget for the institute to
1-61 the Legislative Budget Board;
1-62 (2) shall submit an annual report for the institute to
1-63 the governor, the lieutenant governor, the speaker of the house of
1-64 representatives, and the executive director of the Texas Department
2-1 of Commerce by December 1 of each year. The report shall detail
2-2 the efforts made by the institute to fulfill the duties outlined in
2-3 this chapter and include specific information on the outcome of
2-4 those efforts.
2-5 (3) is subject to chapter 551, Government Code. [The
2-6 policy board shall elect the chairman from among the policy board's
2-7 members. The chairman serves a two-year term. A person who has
2-8 been chairman is not eligible to be elected chairman. The policy
2-9 board shall establish policies and strategies necessary for the
2-10 institute to accomplish the purposes of this chapter.]
2-11 SECTION 4. Section 484.005, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 484.005. PUBLIC [AND PRIVATE] FUNDS. (a) The Texas
2-14 Department of Commerce may enter into performance based contracts
2-15 with the institute for the purpose of providing [may receive]
2-16 state-appropriated funds for use [and use the funds] as matching
2-17 funds for federal grants for [proposals and contracts to provide
2-18 specialized equipment and facilities for members of the institute
2-19 and to assist with technology transfer to Texas industry, and as
2-20 seed funds for new] programs and purposes within the scope of the
2-21 institute. The contract must adequately provide for the
2-22 department's oversight of the use of state funds to ensure that
2-23 those funds are being used by the institute in accordance with the
2-24 contract. The institute may accept gifts, donations, and grants,
2-25 including federal funds, to support its purposes and programs.
2-26 SECTION 5. Chapter 484, Government Code, is amended by
2-27 adding Sections 484.008 and 484.009 to read as follows:
2-28 Sec. 484.008. INFORMATION CONFIDENTIAL. (a) Information
2-29 relating to a product or process and the application or use of a
2-30 product or process, technological and scientific information,
2-31 including computer programs, and manufacturing and business systems
2-32 and processes of the customer, developed in whole or part by a
2-33 customer of the institute, are confidential and are not subject to
2-34 disclosure under state law or otherwise, regardless of whether the
2-35 product or process is patentable or capable of being registered
2-36 under copyright or trademark laws or has a potential for being
2-37 sold, traded, or licensed for a fee.
2-38 (b) Nothing in this chapter prevents or restricts the
2-39 institute from obtaining information relating to a product or
2-40 process from an applicant or recipient of institute services or
2-41 from obtaining information related to the results of services
2-42 provided to the customer.
2-43 Sec. 484.009. IMMUNITY FROM LIABILITY. (a) A member of the
2-44 board or another person acting on behalf of the institute in
2-45 executing a contract, commitment, or agreement under this chapter
2-46 is not personally liable on the contract, commitment, or agreement.
2-47 (b) A member of the board or another person acting on behalf
2-48 of the institute is not personally liable for damage or injury
2-49 resulting from the performance of duties under this chapter.
2-50 SECTION 6. Chapter 484, Government Code, is amended by
2-51 adding Section 484.010 to read as follows:
2-52 Sec. 484.010. AUDIT. The institute is subject to audit by
2-53 the state auditor.
2-54 SECTION 7. Sections 484.004, 484.006, and 484.007,
2-55 Government Code, are repealed.
2-56 SECTION 8. The Texas Department of Commerce shall conduct a
2-57 study to determine when the institute can become a self-supporting
2-58 entity no longer requiring state-appropriated funds. The
2-59 department shall issue the report to the governor, lieutenant
2-60 governor, the speaker of the house of representatives, and the
2-61 director of the Legislative Budget Board no later than December 1,
2-62 1997.
2-63 SECTION 9. The importance of this legislation and the
2-64 crowded condition of the calendars in both houses create an
2-65 emergency and an imperative public necessity that the
2-66 constitutional rule requiring bills to be read on three several
2-67 days in each house be suspended, and this rule is hereby suspended,
2-68 and that this Act take effect and be in force from and after its
2-69 passage, and it is so enacted.