By Sibley S.B. No. 932
75R6475 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolishing the Texas Department of Commerce and
1-3 transferring its powers and duties to the newly created Texas
1-4 Department of Economic Development and Tourism and to certain other
1-5 economic development programs in the state.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. The heading to Chapter 481, Government Code, is
1-8 amended to read as follows:
1-9 CHAPTER 481. TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT AND
1-10 TOURISM [COMMERCE]
1-11 SECTION 2. Section 481.001, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 481.001. DEFINITIONS. In this chapter:
1-14 (1) "Governing [Policy] board" means the governing
1-15 [policy] board of [to] the department.
1-16 (2) "Bond" includes a note, draft, bill, warrant,
1-17 debenture, certificate, or other evidence of indebtedness.
1-18 (3) ["Border region" means the area composed of the
1-19 counties of Brewster, Cameron, Culberson, Dimmit, El Paso, Hidalgo,
1-20 Hudspeth, Jeff Davis, Kinney, La Salle, Maverick, Presidio, Starr,
1-21 Terrell, Val Verde, Webb, Willacy, Zapata, and Zavala.]
1-22 [(4)] "Department" means the Texas Department of
1-23 Economic Development and Tourism [Commerce].
1-24 SECTION 3. Section 481.002, Government Code, is amended to
2-1 read as follows:
2-2 Sec. 481.002. DEPARTMENT. The Texas Department of Economic
2-3 Development and Tourism [Commerce] is an agency of the state.
2-4 SECTION 4. Section 481.003, Government Code, is amended to
2-5 read as follows:
2-6 Sec. 481.003. SUNSET PROVISION. The Texas Department of
2-7 Economic Development and Tourism [Commerce] is subject to Chapter
2-8 325 (Texas Sunset Act). Unless continued in existence as provided
2-9 by that chapter, the department is abolished and this chapter
2-10 expires September 1, 2001.
2-11 SECTION 5. Section 481.004, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 481.004. GOVERNING [POLICY] BOARD. (a) The governing
2-14 [policy] board is composed of nine[:]
2-15 [(1) six] public members appointed by the governor
2-16 with the advice and consent of the senate, which members shall be
2-17 appointed to give geographical representation on the governing
2-18 [policy] board to all regions of the state[; and]
2-19 [(2) the following ex officio members:]
2-20 [(A) the chairperson of the State Job Training
2-21 Coordinating Council and the chairperson shall in no event be
2-22 permitted to claim or receive state per diem for service on the
2-23 policy board;]
2-24 [(B) the presiding officer of the International
2-25 Trade Commission; and]
2-26 [(C) the presiding officer of the Texas-Mexico
2-27 Authority].
3-1 (b) Members [Appointed members] of the governing [policy]
3-2 board serve for six-year terms with the terms of three [two]
3-3 members expiring February 1 of each odd-numbered year. [Ex officio
3-4 members have the same powers and duties as appointed members.]
3-5 (c) Appointments to the governing [policy] board shall be
3-6 made without regard to the race, color, handicap, sex, religion,
3-7 age, or national origin of the appointees.
3-8 (d) In making appointments under this section, the governor
3-9 shall attempt to include members of different minority groups
3-10 including females, African Americans, Hispanic Americans, Native
3-11 Americans, Asian Americans, and persons who are disabled.
3-12 (e) At least one member of the governing [policy] board must
3-13 be a resident of a county with a population of less than 200,000,
3-14 at least one other member must have experience in international
3-15 trade, at least one other member must have experience in small
3-16 business, and at least one other member must have experience in
3-17 tourism [30,000].
3-18 SECTION 6. Section 481.0041, Government Code, is amended to
3-19 read as follows:
3-20 Sec. 481.0041. REMOVAL OF GOVERNING [POLICY] BOARD MEMBERS.
3-21 (a) It is a ground for removal from the governing [policy] board
3-22 if a member:
3-23 (1) does not have at the time of appointment the
3-24 qualifications required by Section 481.0042;
3-25 (2) does not maintain during service on the governing
3-26 [policy] board the qualifications required by Section 481.0042;
3-27 (3) violates a prohibition established by Section
4-1 481.0042;
4-2 (4) cannot discharge the member's duties for a
4-3 substantial part of the term for which the member is appointed
4-4 because of illness or disability; or
4-5 (5) is absent from more than half of the regularly
4-6 scheduled governing [policy] board meetings that the member is
4-7 eligible to attend during a calendar year unless the absence is
4-8 excused by majority vote of the governing [policy] board.
4-9 (b) The validity of an action of the governing [policy]
4-10 board is not affected by the fact that it is taken when a ground
4-11 for removal of a governing [policy] board member exists.
4-12 (c) If the executive director has knowledge that a potential
4-13 ground for removal exists, the executive director shall notify the
4-14 presiding officer of the governing [policy] board of the ground.
4-15 The presiding officer shall then notify the governor that a
4-16 potential ground for removal exists.
4-17 SECTION 7. Sections 481.0042(a), (b), and (e), Government
4-18 Code, are amended to read as follows:
4-19 (a) A person may not serve as a public member of the
4-20 governing [policy] board or be the executive director or an
4-21 employee of the department if the person:
4-22 (1) is employed by, participates in the management of,
4-23 or is a paid consultant of a business entity that contracts with
4-24 the department;
4-25 (2) owns or controls, directly or indirectly, more
4-26 than a 10 percent interest in a business entity or other
4-27 organization that contracts with the department;
5-1 (3) uses or receives a substantial amount of tangible
5-2 goods, services, or funds from the department, other than
5-3 compensation or reimbursement authorized by law for employee
5-4 salaries and benefits or for governing [policy] board membership,
5-5 attendance, and expenses; or
5-6 (4) is an officer, employee, or paid consultant of a
5-7 trade association of businesses that contracts with the department.
5-8 (b) A person may not serve as a public member of the
5-9 governing [policy] board or be the executive director or an
5-10 employee of the department if the person's spouse:
5-11 (1) participates in the management of or is a paid
5-12 consultant of a business entity that contracts with the department;
5-13 (2) owns or controls, directly or indirectly, more
5-14 than a 10 percent interest in a business entity or other
5-15 organization that contracts with the department;
5-16 (3) uses or receives a substantial amount of tangible
5-17 goods, services, or funds from the department; or
5-18 (4) is an officer, manager, or paid consultant of a
5-19 trade association of businesses that contracts with the department.
5-20 (e) A person may not be a member of the governing [policy]
5-21 board or the executive director or an employee of the department if
5-22 the person is required to register as a lobbyist under Chapter
5-23 305[, Government Code,] because of the person's activities for
5-24 compensation on behalf of a business entity that has an interest in
5-25 a contract with the department or a profession related to the
5-26 operation of the department.
5-27 SECTION 8. Section 481.0043, Government Code, is amended to
6-1 read as follows:
6-2 Sec. 481.0043. OFFICERS; COMPENSATION; MEETINGS. (a) The
6-3 governor designates the presiding officer of the governing [policy]
6-4 board. The governing [policy] board shall elect from among its
6-5 members an assistant presiding officer and a secretary.
6-6 (b) The governing [policy] board shall meet at least
6-7 quarterly.
6-8 (c) A member of the governing [policy] board may not receive
6-9 compensation for service on the governing [policy] board. A member
6-10 is entitled to receive reimbursement, subject to any applicable
6-11 limitation on reimbursement provided by the General Appropriations
6-12 Act, for actual and necessary expenses incurred in performing
6-13 services as a member of the governing [policy] board.
6-14 (d) The governing [policy] board shall develop and implement
6-15 policies that provide the public with a reasonable opportunity to
6-16 appear before the governing [policy] board and to speak on any
6-17 issue under the jurisdiction of the governing [policy] board.
6-18 SECTION 9. Section 481.0044, Government Code, is amended to
6-19 read as follows:
6-20 Sec. 481.0044. GENERAL POWERS AND DUTIES. (a) The governing
6-21 [policy] board shall adopt rules necessary for the administration
6-22 of department programs and may adopt rules for its internal
6-23 management and control.
6-24 (b) The governing [policy] board shall perform the duties
6-25 assigned to the department under this chapter or other law.
6-26 (c) The governing [policy] board possesses the powers and
6-27 shall perform the duties assigned by law to the department.
7-1 (d) The governing [policy] board shall report to the
7-2 governor annually and to the legislature at each regular session on
7-3 the department's activities. The report must include:
7-4 (1) a description of the activities of the governing
7-5 board and the department during the preceding calendar year;
7-6 (2) a description of the efforts of the governing
7-7 board and the department to promote and market the department's
7-8 economic development programs and services, including the Texas
7-9 Business and Community Economic Development Clearinghouse;
7-10 (3) a description of the efforts of the governing
7-11 board and the department to obtain federal and private funding to
7-12 accomplish the goals of the department;
7-13 (4) recommendations to the legislature on issues
7-14 related to economic development and the business climate of the
7-15 state; and
7-16 (5) information pertaining to the implementation of
7-17 the strategic plan developed under Subchapter C. [The policy board
7-18 may make recommendations in those reports on matters under its
7-19 jurisdiction.]
7-20 SECTION 10. Section 481.005, Government Code, is amended to
7-21 read as follows:
7-22 Sec. 481.005. EXECUTIVE DIRECTOR; GOVERNING [POLICY] BOARD
7-23 DUTIES. (a) The governing board [governor] shall employ an
7-24 [appoint the] executive director of the department who [with the
7-25 advice and consent of the senate. The executive director] serves
7-26 at the pleasure of the governing board [a two-year term expiring
7-27 February 1 of each odd-numbered year].
8-1 (b) The executive director shall execute a bond payable to
8-2 the state in an amount set by the members of the governing [policy]
8-3 board conditioned on the faithful performance of the duties of the
8-4 position [office]. Premiums for the bond are payable from
8-5 appropriations to the department. The executive director must have
8-6 demonstrated experience in the areas of economic development or
8-7 tourism [executive and organizational ability].
8-8 (c) The executive director shall manage the affairs of the
8-9 department under the direction of the governing board. The
8-10 executive director shall provide administrative support to the
8-11 members of the governing [policy] board that is necessary for the
8-12 performance of the functions of the members.
8-13 (d) The members of the governing [policy] board shall direct
8-14 the activities of the department and, in performing that duty,
8-15 shall establish policy, adopt rules, evaluate the implementation of
8-16 new legislation that affects the department's duties, review and
8-17 comment on the department's budget, prepare an annual report of the
8-18 department's activities, conduct investigations and studies, and
8-19 develop long-range plans for the future goals and needs of the
8-20 department. [The members of the policy board may not be involved
8-21 in the daily operation of the department. Except for duties
8-22 related to the approval and issuance of bonds by the department,
8-23 the policy board may delegate to the executive director the duties
8-24 of the policy board under this chapter and other law that are not
8-25 covered by the description of the members' duties under this
8-26 subsection.]
8-27 SECTION 11. Section 481.006(a), Government Code, is amended
9-1 to read as follows:
9-2 (a) The governing board [executive director] shall establish
9-3 the divisions within the department, which may include:
9-4 (1) an administrative division;
9-5 (2) an information and referral [a promotion and
9-6 marketing] division;
9-7 (3) a research[, planning,] and data services
9-8 division;
9-9 (4) a [domestic] business development division;
9-10 (5) an international trade [business development]
9-11 division;
9-12 (6) a promotion and marketing [job training] division;
9-13 and
9-14 (7) a tourism division.
9-15 SECTION 12. Section 481.007, Government Code, is amended to
9-16 read as follows:
9-17 Sec. 481.007. ADVISORY COMMITTEES [BOARDS]. The executive
9-18 director or the governing [policy] board may appoint advisory
9-19 committees to assist the executive director or the governing
9-20 [policy] board in the performance of their duties. A member of an
9-21 advisory committee appointed by the executive director or the
9-22 governing [policy] board may not receive compensation for service
9-23 on the advisory committee. A member appointed under this section
9-24 is entitled to receive reimbursement, subject to any applicable
9-25 limitation on reimbursement provided by the General Appropriations
9-26 Act, for actual and necessary expenses included in performing
9-27 service as a member of the advisory committee.
10-1 SECTION 13. Sections 481.010(a), (b), and (c), Government
10-2 Code, are amended to read as follows:
10-3 (a) The executive director shall employ personnel necessary
10-4 for the performance of department functions. In addition to other
10-5 personnel, the executive director shall employ a human rights
10-6 officer and an internal auditor. The internal auditor shall report
10-7 directly to the governing [policy] board and may consult with the
10-8 executive director or the executive director's designee.
10-9 (b) The executive director shall provide to governing
10-10 [policy] board members and department employees, as often as
10-11 necessary, information regarding their qualifications for office or
10-12 employment under this chapter and their responsibilities under
10-13 applicable laws relating to standards of conduct for state officers
10-14 or employees.
10-15 (c) The governing [policy] board and executive director
10-16 shall jointly develop and implement policies that clearly define
10-17 the respective responsibilities of the members of the governing
10-18 [policy] board and the executive director and staff of the
10-19 department in accordance with this chapter.
10-20 SECTION 14. Sections 481.012(c) and (d), Government Code,
10-21 are amended to read as follows:
10-22 (c) The governing [policy] board shall prepare and maintain
10-23 a written plan that describes how a person who does not speak
10-24 English can be provided reasonable access to the department's
10-25 programs. The governing [policy] board shall also comply with
10-26 federal and state laws for program and facility accessibility.
10-27 (d) The governing [policy] board by rule shall establish
11-1 methods by which consumers and service recipients are notified of
11-2 the name, mailing address, and telephone number of the department
11-3 for the purpose of directing complaints to the department.
11-4 SECTION 15. Section 481.022, Government Code, is amended to
11-5 read as follows:
11-6 Sec. 481.022. GENERAL DUTIES OF DEPARTMENT. [(a)] The
11-7 department shall [plan, organize, and implement programs for]:
11-8 (1) facilitate the location, expansion, and retention
11-9 of new and existing domestic and international business investment
11-10 to the [attracting and locating new businesses in this] state;
11-11 (2) provide one-stop assistance and referrals for
11-12 business and community economic development [encouraging the growth
11-13 and expansion of existing businesses, including tourism, in this
11-14 state];
11-15 (3) promote and administer business and community
11-16 economic development programs and services in the state [working
11-17 with local governments and organizations to improve their
11-18 communities]; [and]
11-19 (4) provide to businesses in the state assistance with
11-20 exporting products and services to international markets;
11-21 (5) promote the state as a premier tourist and
11-22 business travel destination;
11-23 (6) compile, publish, and disseminate timely and
11-24 useful research and data services;
11-25 (7) aggressively market and promote the business
11-26 climate in the state and the state economic development business
11-27 assistance programs through the use of available media and
12-1 resources, including the Internet; and
12-2 (8) seek funding of the department programs and
12-3 activities from federal, state, local, and private sources
12-4 [emphasizing rural economic development].
12-5 [(b) To carry out its duties, the department shall:]
12-6 [(1) promote this state as a location for business
12-7 activity and an attraction for tourism;]
12-8 [(2) prepare and administer a statewide business
12-9 development program designed to create job opportunities and
12-10 increase personal income throughout this state;]
12-11 [(3) prepare and administer a program of
12-12 encouragement, support, and development of small and minority
12-13 business ownership throughout this state;]
12-14 [(4) stimulate the expansion of international markets
12-15 for products and services from this state and encourage foreign
12-16 business development in this state;]
12-17 [(5) assist local governments with advisory and
12-18 technical services in matters relating to community and economic
12-19 development;]
12-20 [(6) provide financial aid to local governments for
12-21 programs authorized by law to receive the assistance;]
12-22 [(7) act as an information center and referral agency
12-23 for information of state and federal programs affecting business
12-24 and local government;]
12-25 [(8) conduct research on problems relating to
12-26 community and economic development in this state;]
12-27 [(9) collect, publish, and disseminate information
13-1 useful to local governments and businesses, including data on
13-2 employment, housing, population characteristics, and land use
13-3 patterns in the state;]
13-4 [(10) encourage cooperation between local governments,
13-5 businesses, and the public, if appropriate;]
13-6 [(11) advise and inform the governor and the
13-7 legislature concerning matters relating to community and economic
13-8 development and make recommendations for necessary action;]
13-9 [(12) coordinate the development of training programs
13-10 between appropriate state agencies and educational institutions to
13-11 prepare this state's labor force to meet changing economic
13-12 circumstances;]
13-13 [(13) work with local governments, local economic
13-14 development organizations, and small business development centers
13-15 to develop a referral system to promote community and economic
13-16 development throughout this state;]
13-17 [(14) plan and implement a concerted, targeted effort
13-18 to more effectively address pressing economic problems and to
13-19 maximize the potential of the border region for the benefit of the
13-20 entire state;]
13-21 [(15) work with local community efforts to use federal
13-22 funds to meet community needs, particularly in providing social and
13-23 emergency services to residents of this state having low incomes;]
13-24 [(16) encourage maquiladora projects; and]
13-25 [(17) pay for tourism and other business recruitment
13-26 expenses.]
13-27 SECTION 16. Section 481.023, Government Code, is amended to
14-1 read as follows:
14-2 Sec. 481.023. ADMINISTRATION OF OTHER STATUTES. (a) The
14-3 department shall perform the administrative duties [formerly
14-4 assigned to the Texas Economic Development Commission including
14-5 duties] prescribed under:
14-6 (1) the Act for Development of Employment, Industrial
14-7 and Health Resources of 1971 (Article 5190.1, Vernon's Texas Civil
14-8 Statutes);
14-9 (2) [Chapter 696, Acts of the 69th Legislature,
14-10 Regular Session, 1985 (Article 5190.4a, Vernon's Texas Civil
14-11 Statutes), relating to industrial training programs; and]
14-12 [(3)] the Development Corporation Act of 1979 (Article
14-13 5190.6, Vernon's Texas Civil Statutes);
14-14 (3) the smart jobs fund program;
14-15 (4) the enterprise zone program; and
14-16 (5) the department's linked deposit program.
14-17 (b) The department shall perform the administrative duties
14-18 formerly assigned to the Texas Economic Development Commission and
14-19 the Enterprise Zone Board under Chapter 2303.
14-20 (c) The department shall administer:
14-21 (1) the Texas capital fund;
14-22 (2) the Texas leverage fund; and
14-23 (3) the Texas exporters loan fund [perform the
14-24 administrative duties formerly assigned to the Texas Department of
14-25 Community Affairs under Chapter 301, Labor Code, and the community
14-26 development block grant program].
14-27 [(d) Any business or industry seeking employee training,
15-1 retraining, or manpower development services at public expense may
15-2 request assistance from the department. The department shall seek
15-3 advice from the Texas Higher Education Coordinating Board in
15-4 identifying the appropriate institution of higher education to
15-5 provide such services. The rules of the coordinating board
15-6 concerning out-of-district and off-campus courses developed to
15-7 assist industrial start-up and employee upgrading apply in
15-8 providing those services. The department and the coordinating
15-9 board shall ensure that appropriate rules are developed to apply to
15-10 any entities involved in the delivery of education and training for
15-11 industrial start-up and employee upgrading that are not currently
15-12 covered.]
15-13 SECTION 17. Sections 481.024(a) and (f), Government Code,
15-14 are amended to read as follows:
15-15 (a) The Texas Economic Development Corporation on behalf of
15-16 the state shall carry out the public purposes of this chapter. The
15-17 creation of the corporation does not limit or impair the rights,
15-18 powers, and duties of the department provided by this chapter. The
15-19 corporate existence of the Texas Economic Development Corporation
15-20 begins on the issuance of a certificate of incorporation by the
15-21 secretary of state. The members of the governing [policy] board
15-22 serve ex officio as the board of directors of the corporation. The
15-23 corporation has the powers and is subject to the limitations
15-24 provided for the department by this chapter in carrying out the
15-25 public purposes of this chapter. The corporation has the rights
15-26 and powers of a nonprofit corporation incorporated under the Texas
15-27 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
16-1 Texas Civil Statutes) except to the extent inconsistent with this
16-2 section. The corporation may contract with the department and with
16-3 bond counsel, financial advisors, or underwriters as its board of
16-4 directors considers necessary.
16-5 (f) The Texas Economic Development Foundation, the Texas
16-6 Economic Development Corporation, and any other corporation whose
16-7 charter specifically dedicates the corporation's activities to the
16-8 benefit of the Texas Department of Economic Development and Tourism
16-9 [Commerce] shall file an annual report of the financial activity of
16-10 the corporation. The annual report shall be filed prior to the
16-11 90th day after the last day for the corporation's fiscal year and
16-12 shall be prepared in accordance with generally accepted accounting
16-13 principles. The report must include a statement of support,
16-14 revenue, and expenses and change in fund balances, a statement of
16-15 functional expenses, and balance sheets for all funds.
16-16 SECTION 18. Section 481.028(b), Government Code, is amended
16-17 to read as follows:
16-18 (b) The department shall enter into an agreement as required
16-19 by Subsection (a) with the:
16-20 (1) Department of Agriculture regarding each agency's
16-21 international marketing efforts and business finance programs;
16-22 (2) Texas Workforce [Employment] Commission regarding
16-23 the job training programs financed by the skills development fund
16-24 [, Texas Higher Education Coordinating Board, and Central Education
16-25 Agency regarding each agency's work force development efforts and
16-26 literacy programs];
16-27 (3) General Land Office regarding each agency's rural
17-1 economic development efforts;
17-2 (4) Texas Department of Housing and Community Affairs
17-3 regarding each agency's community development programs;
17-4 (5) Texas Department of Transportation and Parks and
17-5 Wildlife Department regarding each agency's efforts to promote
17-6 tourism;
17-7 (6) Texas Natural Resource Conservation Commission
17-8 regarding small business finance and permits, the marketing of
17-9 recyclable products, and business permits;
17-10 (7) office of the [state] comptroller regarding
17-11 economic development and analyses;
17-12 (8) Texas Historical Commission regarding community
17-13 preservation, restoration, and revitalization;
17-14 (9) [Texas Department of Human Services regarding work
17-15 force development;]
17-16 [(10)] General Services Commission regarding providing
17-17 procurement information, certification, and technical assistance to
17-18 small and historically underutilized businesses; and
17-19 (10) [(11)] Alternative Fuels Council regarding the
17-20 promotion of alternative fuels[; and]
17-21 [(12) institutions of higher education regarding work
17-22 force development, literacy, and technology transfer].
17-23 SECTION 19. Section 481.029, Government Code, is amended to
17-24 read as follows:
17-25 Sec. 481.029. COST RECOVERY. The department shall recover
17-26 the cost of providing publications [direct technical assistance]
17-27 and [management training] services to businesses [business] and
18-1 communities when reasonable and practical.
18-2 SECTION 20. Subchapter C, Chapter 481, Government Code, is
18-3 amended to read as follows:
18-4 SUBCHAPTER C. TEXAS STRATEGIC ECONOMIC DEVELOPMENT
18-5 PLANNING COMMISSION [POLICY]
18-6 Sec. 481.0301. DEFINITION. In this subchapter, "commission"
18-7 means the Texas Strategic Economic Development Planning Commission.
18-8 Sec. 481.031. COMMISSION [LEGISLATIVE FINDINGS; INTENT].
18-9 (a) The Texas Strategic Economic Development Planning Commission
18-10 is composed of [The legislature finds that]:
18-11 (1) two public members appointed by the governor [the
18-12 changing nature of the state's economy requires a more diversified
18-13 approach to promote economic growth and job creation]; [and]
18-14 (2) two public members appointed by the lieutenant
18-15 governor;
18-16 (3) two public members appointed by the speaker of the
18-17 house of representatives; and
18-18 (4) the governing board of the department [the state
18-19 does not have a long-term economic development policy and has
18-20 suffered from lack of a long-term plan in its attempt to resolve
18-21 the economic problems that continue to plague the state].
18-22 (b) The commission shall elect a presiding officer and an
18-23 assistant presiding officer from among its members [It is the
18-24 policy of this state, in the interest of promoting the general
18-25 welfare, to formulate a comprehensive plan for diversifying and
18-26 developing the economy of the state].
18-27 (c) The commission shall meet at least quarterly and shall
19-1 hold special meetings at the call of the governor.
19-2 (d) A public member of the commission is not entitled to
19-3 compensation but is entitled to reimbursement of travel expenses
19-4 incurred by the member while conducting the business of the
19-5 commission, as provided by the General Appropriations Act.
19-6 (e) The executive director and staff of the department shall
19-7 serve as the executive director and the staff of the commission and
19-8 shall, under the direction of the commission, perform the
19-9 administrative duties necessary to carry out the purposes of this
19-10 chapter.
19-11 (f) The commission shall work with other state agencies that
19-12 impact economic development in the state, including:
19-13 (1) the Texas Department of Housing and Community
19-14 Affairs;
19-15 (2) the Texas Education Agency;
19-16 (3) the Texas Workforce Commission;
19-17 (4) the Texas Department of Transportation; and
19-18 (5) the Texas Natural Resource and Conservation
19-19 Commission.
19-20 (g) An affirmative vote of a majority of the entire
19-21 membership of the commission is necessary for an action of the
19-22 commission.
19-23 Sec. 481.032. DUTIES OF COMMISSION [AND FUNCTIONS]. The
19-24 commission [department] shall:
19-25 (1) develop a comprehensive, long-range domestic and
19-26 international strategic plan for economic development in
19-27 [diversifying and developing the economy of] the state;
20-1 (2) develop strategies to encourage investment in
20-2 rural and distressed areas of the state;
20-3 (3) examine the competitive advantages and
20-4 disadvantages of this state as a place to do business and make
20-5 recommendations for improving the business climate of the state;
20-6 (4) [(3)] develop measurable economic development
20-7 goals and propose specific courses of action to meet those goals
20-8 [evaluate the performance of existing state economic development
20-9 efforts for consistency and coordination and for their effect on
20-10 job creation and evaluate the long-term benefits to the state of
20-11 those efforts];
20-12 (5) [(4)] study the potential for establishing a
20-13 permanent mechanism for use by state agencies to communicate on
20-14 economic development issues [review economic development policy
20-15 recommendations made by other agencies or organizations and
20-16 recommend to the governor and legislature those strategies,
20-17 policies, and programs that the department considers to be in the
20-18 best interest of the state];
20-19 (6) [(5)] study the economic development programs and
20-20 policies of other states and determine the feasibility of adapting
20-21 those programs or policies for implementation in this state;
20-22 [(6) undertake specialized studies and prepare
20-23 specialized reports;]
20-24 (7) hold public hearings and receive recommendations
20-25 from interested persons;
20-26 (8) as appropriate, appoint task forces or other
20-27 panels [from within or outside the membership of the department] to
21-1 study and report on specific issues, including international trade
21-2 and direct foreign investment;
21-3 [(9) conduct a biennial review of economic development
21-4 activities in the state;] and
21-5 (9) [(10)] perform other duties and functions
21-6 necessary to carry out the purposes of this chapter.
21-7 Sec. 481.033. STRATEGIC PLAN [POLICY AND PROGRAM
21-8 RECOMMENDATIONS]. (a) Before December 1, 1998, the commission
21-9 shall submit to the governor, lieutenant governor, and speaker of
21-10 the house of representatives a strategic plan for economic
21-11 development. A copy of the strategic plan shall also be
21-12 distributed to other state agencies that impact the economic
21-13 development of the state.
21-14 (b) The department shall provide oversight for the
21-15 implementation of the strategic plan. [The department may
21-16 recommend policies and programs for:]
21-17 [(1) fostering the creation of new businesses,
21-18 including high technology businesses, and the retention and
21-19 expansion of existing business enterprises;]
21-20 [(2) increasing the availability of capital for
21-21 business start-ups and expansions;]
21-22 [(3) encouraging and strengthening local economic
21-23 development efforts and improving coordination between state and
21-24 local economic development activities;]
21-25 [(4) improving the skills of the state's work force
21-26 and enhancing the coordination of state and local job training and
21-27 retraining activities;]
22-1 [(5) improving agricultural productivity and otherwise
22-2 maximizing the state's agricultural capabilities;]
22-3 [(6) attracting new industries and investment to the
22-4 state;]
22-5 [(7) developing the state's university-based and
22-6 private sector research and development resources and obtaining
22-7 additional federal research and development funding;]
22-8 [(8) establishing more effective working relationships
22-9 among state agencies engaged in economic development functions;]
22-10 [(9) increasing the export of the state's agricultural
22-11 products and other goods;]
22-12 [(10) enhancing tourism; and]
22-13 [(11) establishing state economic development offices
22-14 in foreign countries.]
22-15 Sec. 481.034. ABOLITION OF COMMISSION. The Texas Strategic
22-16 Economic Development Policy Commission is abolished and this
22-17 subchapter expires December 1, 1998.
22-18 SECTION 21. The heading to Subchapter D, Chapter 481,
22-19 Government Code, is amended to read as follows:
22-20 SUBCHAPTER D. INTERNATIONAL [WORLD] TRADE
22-21 SECTION 22. Section 481.041, Government Code, is amended to
22-22 read as follows:
22-23 Sec. 481.041. LEGISLATIVE FINDINGS. The legislature finds
22-24 that:
22-25 (1) the development and expansion of international
22-26 trade and the export of products and services from this state to
22-27 foreign purchasers are essential to the economic growth of the
23-1 state and to the full employment, welfare, and prosperity of its
23-2 citizens; and
23-3 (2) the measures authorized and the assistance
23-4 provided by this subchapter[, especially with respect to
23-5 financing,] are in the public interest and serve a public purpose
23-6 of the state in promoting the economic welfare of the citizens of
23-7 the state [economically by stimulating the expansion of
23-8 international markets for products and services from this state].
23-9 SECTION 23. Section 481.043, Government Code, is amended to
23-10 read as follows:
23-11 Sec. 481.043. GENERAL POWERS AND DUTIES RELATING TO
23-12 INTERNATIONAL [WORLD] TRADE. [(a)] The department shall:
23-13 (1) provide businesses in the state with technical
23-14 assistance and referrals related to the export of products and
23-15 services, including export finance [assist, promote, encourage,
23-16 develop, and advance economic prosperity and employment throughout
23-17 this state by fostering the expansion of exports of manufactured
23-18 goods and services to foreign purchasers];
23-19 (2) coordinate the representation of exporters in the
23-20 state at international trade shows, missions, marts, seminars, and
23-21 other appropriate promotional venues [cooperate and act in
23-22 conjunction with other public and private organizations to promote
23-23 and advance export trade activities in this state]; and
23-24 (3) disseminate trade leads to exporters in the state
23-25 through the use of the Internet and other available media [design
23-26 and implement programs to provide financial assistance,
23-27 particularly to small and medium-sized businesses, to support
24-1 export development;]
24-2 [(4) formulate and develop programs to stimulate and
24-3 encourage increased international trade along the entire border
24-4 region; and]
24-5 [(5) provide financial counseling to potential and
24-6 existing exporters].
24-7 [(b) In carrying out its duties, the department may:]
24-8 [(1) conduct research and analysis relating to:]
24-9 [(A) foreign commerce;]
24-10 [(B) the manner in which business is conducted
24-11 in foreign marketplaces;]
24-12 [(C) methods of stimulating reverse investment;]
24-13 [(D) international tourism; and]
24-14 [(E) governmental incentives and disincentives
24-15 to foreign trade activity in this state;]
24-16 [(2) accept inquiries from foreign businesses and
24-17 governments and introduce the inquiring businesses or governments
24-18 to the appropriate association or state businesses;]
24-19 [(3) cooperate with other persons in developing
24-20 marketing programs and disseminating information about the state
24-21 economy and the opportunities for and advantages of doing business
24-22 in this state;]
24-23 [(4) represent the interests of state businesses
24-24 engaged in foreign trade and aid others representing those
24-25 interests through trade delegations, missions, marts, seminars, and
24-26 other appropriate promotional methods;]
24-27 [(5) recruit foreign capital investment and encourage
25-1 foreign business development in the state;]
25-2 [(6) encourage travel from foreign countries;]
25-3 [(7) seek funding of the department programs and
25-4 activities from federal, state, local, and private sources;]
25-5 [(8) periodically study and report to the legislature
25-6 on the effect of state tax laws on international trade activity in
25-7 this state;]
25-8 [(9) encourage the development of programs by which
25-9 experienced executives from private businesses volunteer their
25-10 services to the state to aid the development of foreign commerce;]
25-11 [(10) collect and distribute to foreign commercial
25-12 libraries directories, catalogs, brochures, and other information
25-13 of value to foreign businesses considering doing business in this
25-14 state;]
25-15 [(11) provide speakers bureau services for civic
25-16 organizations and other private groups in the state;]
25-17 [(12) develop programs of mutual assistance between
25-18 banks, shipping agents, combination export managers, freight
25-19 forwarders, international consultants, ports, and other trade
25-20 intermediaries of this state;]
25-21 [(13) encourage and assist expansion of international
25-22 trade activities of chambers of commerce, development commissions,
25-23 trade associations, ports, and similar organizations in the state;]
25-24 [(14) establish an export finance awareness program to
25-25 provide information to banking organizations about methods used by
25-26 banks to provide financing for businesses engaged in exporting and
25-27 about other state and federal programs to promote and expedite
26-1 export financing;]
26-2 [(15) provide businesses with counseling and
26-3 management programs, technical assistance, advice, and information
26-4 relating to development of export opportunities and programs;]
26-5 [(16) promote export trading companies;]
26-6 [(17) provide for, in cooperation with trade
26-7 associations, chambers of commerce, or other appropriate private
26-8 entities, the establishment of state offices in Asia, Europe, and
26-9 Central and South America to identify export markets for Texas
26-10 services and products, identify sources of investment capital, and
26-11 otherwise represent the interests of the state; and]
26-12 [(18) impose reasonable fees for its programs,
26-13 services, and publications.]
26-14 [(c) In carrying out its duties and powers, the department
26-15 shall give emphasis and priority to matters relating to trade with
26-16 Mexico.]
26-17 SECTION 24. Section 481.059(a), Government Code, as amended
26-18 by Chapters 18 and 602, Acts of the 72nd Legislature, Regular
26-19 Session, 1991, is amended to read as follows:
26-20 (a) The Texas exporters loan fund is a fund in the state
26-21 treasury. The fund consists of appropriations or transfers made to
26-22 the fund, [guarantee] fees, other money received from operation of
26-23 the program established by this section, and interest paid on money
26-24 in the fund. [Notwithstanding Section 481.056 of this code, the
26-25 department may deposit proceeds of bonds issued under this chapter
26-26 in the fund.] Money in the fund may be used to establish a reserve
26-27 fund[,] in an amount determined by the department [as appropriate,
27-1 for bonds issued under this chapter or to insure] and [guarantee
27-2 the bonds in any other manner] to carry out the purposes of this
27-3 section. [Reserve funds for the issuance of bonds under Subchapters
27-4 Q and U may only be created on approval of the Product Development
27-5 Advisory Board or the Product Commercialization Advisory Board, as
27-6 applicable.] If any appropriations are made to the department from
27-7 the general revenue fund to carry out this section for a fiscal
27-8 year, at the end of that fiscal year the unexpended balance of
27-9 those appropriations shall be transferred to the Texas exporters
27-10 loan fund.
27-11 SECTION 25. The heading to Subchapter E, Chapter 481,
27-12 Government Code, is amended to read as follows:
27-13 SUBCHAPTER E. [DOMESTIC] BUSINESS DEVELOPMENT--GENERAL PROVISIONS
27-14 SECTION 26. Section 481.071, Government Code, is amended to
27-15 read as follows:
27-16 Sec. 481.071. LEGISLATIVE FINDINGS. The legislature finds
27-17 that:
27-18 (1) the department should target high-wage, high-skill
27-19 employment opportunities [development and expansion of business,
27-20 commerce, and industry are essential to the economic growth of the
27-21 state and to the full employment, welfare, and prosperity of its
27-22 citizens]; [and]
27-23 (2) the measures authorized by this subchapter and the
27-24 assistance provided by this subchapter, especially with respect to
27-25 financing, are in the public interest and serve a public purpose of
27-26 the state; and
27-27 (3) the department should actively seek private
28-1 funding to supplement the department's marketing and advertising
28-2 efforts [economically by the securing and retaining of private
28-3 business enterprises and the resulting maintenance of a higher
28-4 level of employment, economic activity, and stability].
28-5 SECTION 27. Subchapter E, Chapter 481, Government Code, is
28-6 amended by adding Section 481.0725 to read as follows:
28-7 Sec. 481.0725. GENERAL POWERS AND DUTIES. The department
28-8 shall:
28-9 (1) focus business recruitment, expansion, and
28-10 retention efforts on industry sectors with the highest potential
28-11 for creating high-wage, high-skill jobs;
28-12 (2) provide businesses with site selection assistance;
28-13 (3) develop a comprehensive business recruitment
28-14 marketing plan;
28-15 (4) participate in international and domestic trade
28-16 shows, trade missions, marketing trips, and seminars; and
28-17 (5) produce and disseminate information through the
28-18 use of available media and resources, including the Internet, to
28-19 promote business assistance programs and the overall business
28-20 climate in the state.
28-21 SECTION 28. Section 481.073(b), Government Code, is amended
28-22 to read as follows:
28-23 (b) The governing [policy] board has the powers that are
28-24 necessary to accomplish the purposes of this subchapter, including
28-25 the powers granted to industrial development corporations by
28-26 Section 23 of the Development Corporation Act, except those
28-27 provided by Subsections (a)(7), (8), (9), and (10) of that section,
29-1 and Sections 26, 27, and 29 of that Act.
29-2 SECTION 29. Section 481.075(a), Government Code, is amended
29-3 to read as follows:
29-4 (a) The department shall adopt rules to establish criteria
29-5 for determining which users may participate in programs established
29-6 by the department under this subchapter. The department shall
29-7 adopt collateral or security requirements to ensure the full
29-8 repayment of any loan, lease, or installment sale and the solvency
29-9 of any program implemented under this subchapter. The governing
29-10 [policy] board must approve all leases and sale and loan agreements
29-11 made under this subchapter except that the governing [policy] board
29-12 may delegate this approval authority to the executive director.
29-13 SECTION 30. Section 481.077, Government Code, is amended by
29-14 adding Subsection (f) to read as follows:
29-15 (f) The department shall transfer the corporation to the
29-16 private sector not later than September 1, 1999. The department
29-17 shall submit a report to the legislature and the comptroller
29-18 detailing the plan for the transfer not later than December 1,
29-19 1997.
29-20 SECTION 31. The heading to Subchapter H, Chapter 481,
29-21 Government Code, is amended to read as follows:
29-22 SUBCHAPTER H. BUSINESS DEVELOPMENT--PERMIT ASSISTANCE [OFFICE]
29-23 SECTION 32. The heading to Subchapter J, Chapter 481,
29-24 Government Code, is amended to read as follows:
29-25 SUBCHAPTER J. BUSINESS DEVELOPMENT--SMART JOBS FUND PROGRAM
29-26 SECTION 33. Section 481.153, Government Code, is amended to
29-27 read as follows:
30-1 Sec. 481.153. RULES. The governing [policy] board shall
30-2 adopt rules as necessary to implement the program.
30-3 SECTION 34. Section 481.157(b), Government Code, is amended
30-4 to read as follows:
30-5 (b) The governing [policy] board may adopt rules modifying
30-6 the requirements of Subsection (a) for employers with fewer than 50
30-7 employees and may also adopt rules modifying the requirements of
30-8 Subsection (a) for projects that provide significant economic
30-9 benefits to an entire region of the state.
30-10 SECTION 35. Section 481.172, Government Code, is amended to
30-11 read as follows:
30-12 Sec. 481.172. DUTIES. The department shall:
30-13 (1) promote and advertise within the United States and
30-14 in foreign countries, by radio, television, newspaper, the
30-15 Internet, and other means considered appropriate, tourism in this
30-16 state by non-Texans, including persons from foreign countries, and
30-17 distribute promotional materials through appropriate agencies,
30-18 including the United States Travel and Tourism Administration
30-19 [Agency];
30-20 (2) represent the state in domestic and international
30-21 travel trade shows, trade missions, and seminars [encourage travel
30-22 by Texans to this state's scenic, historical, natural,
30-23 agricultural, educational, recreational, and other attractions];
30-24 (3) develop methods to attract major [coordinate and
30-25 stimulate orderly and accelerated development of] tourist
30-26 attractions to the [throughout this] state;
30-27 (4) use current market research to develop a tourism
31-1 marketing plan to increase travel to the state by domestic and
31-2 international visitors [conduct a public relations campaign to
31-3 create a responsible and accurate national and international image
31-4 of this state];
31-5 (5) coordinate [cooperate fully] with the Parks and
31-6 Wildlife Department, the Texas Department of Transportation, the
31-7 Texas Historical Commission, and the Texas Commission on the Arts
31-8 in all matters relating to promotion of tourism; and
31-9 (6) assist communities to develop tourist attractions
31-10 [cooperate with the Texas Transportation Commission in the
31-11 administration of the commission's collateral program of highway
31-12 map distribution and operation of travel information bureaus and
31-13 other tourist-related functions of the commission; and]
31-14 [(7) encourage communities, organizations, and
31-15 individuals in this state to cooperate with its program by their
31-16 activities and use of their own funds and collaborate with those
31-17 organizations and other governmental entities in the pursuit of the
31-18 objectives of this subchapter].
31-19 SECTION 36. The heading to Subchapter N, Chapter 481,
31-20 Government Code, is amended to read as follows:
31-21 SUBCHAPTER N. BUSINESS DEVELOPMENT--[HISTORICALLY UNDERUTILIZED
31-22 BUSINESS AND SMALL BUSINESS] LINKED DEPOSIT PROGRAM
31-23 SECTION 37. Chapter 481, Government Code, is amended by
31-24 adding Subchapters K and P to read as follows:
31-25 SUBCHAPTER K. INFORMATION AND REFERRAL
31-26 Sec. 481.166. LEGISLATIVE FINDINGS. The legislature finds
31-27 that:
32-1 (1) economic development programs and services are
32-2 located in a number of state agencies;
32-3 (2) businesses and communities need a single point of
32-4 contact on business and community economic development programs and
32-5 services; and
32-6 (3) state agencies need to work together to provide
32-7 outreach and assistance to local governments and small businesses.
32-8 Sec. 481.167. TEXAS BUSINESS AND COMMUNITY ECONOMIC
32-9 DEVELOPMENT CLEARINGHOUSE. (a) The department shall establish the
32-10 Texas Business and Community Economic Development Clearinghouse to
32-11 provide assistance to businesses and communities in the state
32-12 through the use of a statewide toll-free telephone service.
32-13 (b) The clearinghouse shall collect and disseminate
32-14 information on federal, state, local, and private:
32-15 (1) business development programs, including financial
32-16 assistance and business incentive programs;
32-17 (2) business development services, including technical
32-18 assistance, workshops, business incubators, training, and useful
32-19 publications;
32-20 (3) rural and urban community economic development
32-21 programs, including loans, grants, and other funding sources;
32-22 (4) rural and urban community economic development
32-23 services, including technical assistance, workshops, training, and
32-24 useful publications;
32-25 (5) small business programs and services; and
32-26 (6) defense economic adjustment programs and services.
32-27 (c) The clearinghouse shall develop and establish a
33-1 user-friendly database for all relevant programs that is accessible
33-2 through the Internet.
33-3 (d) The department shall obtain from other state agencies
33-4 appropriate information needed by the department to carry out its
33-5 duties under this subchapter.
33-6 (e) The comptroller shall assist the department in
33-7 furthering the purposes of this subchapter by allowing the
33-8 department to use the field offices and personnel of the
33-9 comptroller to disseminate brochures, documents, and other
33-10 information useful to businesses in the state.
33-11 SUBCHAPTER P. RESEARCH AND DATA SERVICES
33-12 Sec. 481.211. POWERS AND DUTIES. The department shall:
33-13 (1) compile and update demographic and economic
33-14 information on the state;
33-15 (2) develop and update training materials on local
33-16 community economic development practices; and
33-17 (3) research, publish, and disseminate information on:
33-18 (A) economic and industrial development trends
33-19 and issues, including NAFTA, emerging industries, and patterns of
33-20 international trade and investment;
33-21 (B) economic development programs and efforts
33-22 administered by other states and nations; and
33-23 (C) economic and community development problems
33-24 facing state and local communities.
33-25 Sec. 481.212. COMPILATION AND DISTRIBUTION OF DATA AND
33-26 RESEARCH. (a) To serve as a one-stop center for business-related
33-27 information, the department shall obtain from other state agencies
34-1 and organizations business-related statistics and data.
34-2 (b) To maximize the accessibility of business-related data,
34-3 the department shall create a web site to publish business-related
34-4 information on the Internet.
34-5 SECTION 38. Chapter 484, Government Code, is amended to read
34-6 as follows:
34-7 CHAPTER 484. TEXAS MANUFACTURING INSTITUTE
34-8 Sec. 484.001. ESTABLISHMENT. The Texas Manufacturing
34-9 Institute shall be established as a nonprofit corporation to carry
34-10 out the purposes of this chapter [consists of governmental
34-11 agencies, educational institutions, and other entities, involved in
34-12 the promotion of manufacturing, that join as members of the
34-13 institute].
34-14 Sec. 484.002. DUTIES. The institute shall:
34-15 (1) identify needs within Texas' manufacturing
34-16 infrastructure, work to meet those needs, promote Texas'
34-17 manufacturing strengths and capabilities, and communicate the
34-18 importance of manufacturing to the state's economic future;
34-19 (2) develop a program of activities that will improve
34-20 Texas' manufacturing capabilities by enhancing existing research,
34-21 educational, and technical training programs aimed at developing
34-22 and transferring new manufacturing technologies and at increasing
34-23 the skilled work force in manufacturing;
34-24 (3) take all opportunities for cooperation among
34-25 manufacturing programs of participating [its member] institutions;
34-26 (4) encourage the development of the statewide
34-27 manufacturing program among participating [its member]
35-1 institutions, including the areas of microelectronics, electronics
35-2 assembly, automation and robotics, concurrent engineering, computer
35-3 integrated manufacturing, artificial intelligence applications, and
35-4 flexible manufacturing systems; and
35-5 (5) seek opportunities to facilitate cooperative
35-6 efforts among participating institutions [members of the
35-7 institute], other educational institutions in this state, private
35-8 research organizations, industry, and federal laboratories.
35-9 Sec. 484.003. GOVERNING [POLICY] BOARD. The institute is
35-10 governed by an initial [a policy] board composed of one member
35-11 appointed by each participating agency and [member] institution.
35-12 Board members shall be appointed and elected according to the
35-13 bylaws of the corporation. The executive director of the Texas
35-14 Department of Economic Development and Tourism shall serve as a
35-15 permanent member of the board. [The policy board shall elect the
35-16 chairman from among the policy board's members. The chairman
35-17 serves a two-year term. A person who has been chairman is not
35-18 eligible to be elected chairman. The policy board shall establish
35-19 policies and strategies necessary for the institute to accomplish
35-20 the purposes of this chapter.]
35-21 Sec. 484.004. CONFIDENTIALITY [TECHNICAL ADVISORY COUNCIL].
35-22 Information collected by [The policy board shall appoint a
35-23 technical advisory council to develop recommendations on the
35-24 educational and technical program priorities for] the institute
35-25 relating to a product or process, the application or use of a
35-26 product, or other technological and scientific information is
35-27 confidential and not subject to disclosure. [The technical
36-1 advisory council consists of one representative from each member
36-2 institution, together with an equal number of representatives from
36-3 manufacturing industry, a representative of community and junior
36-4 colleges, and a senior representative from a professional
36-5 engineering society. The technical advisory council shall be
36-6 responsible for those activities assigned to it by the policy
36-7 board.]
36-8 Sec. 484.005. PUBLIC AND PRIVATE FUNDS. The institute may
36-9 receive state-appropriated funds and use the funds as matching
36-10 funds for federal proposals and contracts to provide specialized
36-11 equipment and facilities for members of the institute and to assist
36-12 with technology transfer to Texas industry, and as seed funds for
36-13 new programs within the scope of the institute. The institute may
36-14 accept gifts, donations, and grants, including federal funds, to
36-15 support its purposes and programs.
36-16 Sec. 484.006. IMMUNITY FROM LIABILITY [DISBURSEMENT POLICY].
36-17 A member of the governing board or any other person acting on
36-18 behalf of [Disbursement of funds received by] the institute in
36-19 executing a contract, commitment, or agreement under this chapter
36-20 is not personally liable for the contents of the contract,
36-21 commitment, or agreement [shall be in accordance with policy
36-22 determined by the policy board subject to the laws of the state and
36-23 the policies of member institutions. The disbursement policy must
36-24 recognize the state core support for each institution, matching
36-25 requirements for federal grants and contracts, and new cooperative
36-26 initiatives. Disbursement of funds shall reflect the division of
36-27 labor as specified in the submitted proposal].
37-1 Sec. 484.007. TRANSFER TO PRIVATE SECTOR [STAFFING]. (a)
37-2 The governing board shall submit a plan for transferring the
37-3 institute to the private sector to the governor, the legislature,
37-4 and the executive director of the Texas Department of Economic
37-5 Development and Tourism not later than December 1, 1997.
37-6 (b) The transfer of the Texas Manufacturing Institute to the
37-7 private sector shall be completed not later than September 1, 1999.
37-8 [Staffing to carry out the purposes of this chapter, to the extent
37-9 required, will be provided by member institutions.]
37-10 SECTION 39. (a) Sections 481.0075, 481.026, 481.042,
37-11 481.044, 481.046, 481.048-481.058, 481.060, 481.061, 481.074, and
37-12 481.078, Government Code, are repealed.
37-13 (b) Subchapters F, G, I, M, O, Q, R, S, T, U, V, X, and Y,
37-14 Chapter 481, Government Code, are repealed.
37-15 (c) Subchapter AA, Chapter 481, Government Code, as added by
37-16 Chapter 899, Acts of the 73rd Legislature, Regular Session, 1993,
37-17 is repealed.
37-18 SECTION 40. (a) This Act takes effect September 1, 1997.
37-19 (b) The Texas Department of Commerce is abolished and its
37-20 powers and duties are transferred to the Texas Department of
37-21 Economic Development and Tourism. A reference in law to the Texas
37-22 Department of Commerce means the Texas Department of Economic
37-23 Development and Tourism.
37-24 (c) The terms of office of the members of the policy board
37-25 of the Texas Department of Commerce expire on the effective date of
37-26 this Act. As soon as possible after the effective date of this
37-27 Act, the governor shall make appointments to the governing board of
38-1 the Texas Department of Economic Development and Tourism. In
38-2 making those appointments, the governor shall appoint three members
38-3 to terms expiring February 1, 1999, three to terms expiring
38-4 February 1, 2001, and three to terms expiring February 1, 2003.
38-5 (d) The person appointed to perform the duties of executive
38-6 director of the Texas Department of Commerce abolished by this Act
38-7 may continue to perform those duties and complete the term of
38-8 office established under the prior law governing the authority of
38-9 the executive director, and the prior law is continued in effect
38-10 for that purpose.
38-11 (e) The governor or the person appointed by the governor to
38-12 be the presiding officer of the governing board of the Texas
38-13 Department of Economic Development and Tourism may designate a
38-14 person to perform ministerial duties necessary for posting notice
38-15 of and holding the first meeting of the governing board of the
38-16 Texas Department of Economic Development and Tourism.
38-17 (f) The Texas Department of Economic Development and Tourism
38-18 has all the powers and duties provided by law and all the property,
38-19 funds, rules, employees, unspent appropriations, documents, rights,
38-20 and obligations of the abolished Texas Department of Commerce,
38-21 except to the extent the laws governing the Texas Department of
38-22 Commerce's powers and duties are amended by this Act.
38-23 (g) The rules, policies, procedures, and decisions of the
38-24 Texas Department of Commerce are continued in effect as rules,
38-25 policies, procedures, and decisions of the Texas Department of
38-26 Economic Development and Tourism until superseded by a rule or
38-27 other appropriate action of the Texas Department of Economic
39-1 Development and Tourism.
39-2 (h) The validity of a rule, form, or procedure adopted,
39-3 contract or acquisition made, proceeding begun, obligation
39-4 incurred, right accrued, or other action taken by or in connection
39-5 with the authority of the Texas Department of Commerce before it is
39-6 abolished under Subsection (b) of this section is not affected by
39-7 this Act. To the extent those actions continue to have any effect
39-8 on or after September 1, 1997, they are considered to be the
39-9 actions of the Texas Department of Economic Development and
39-10 Tourism.
39-11 SECTION 41. The importance of this legislation and the
39-12 crowded condition of the calendars in both houses create an
39-13 emergency and an imperative public necessity that the
39-14 constitutional rule requiring bills to be read on three several
39-15 days in each house be suspended, and this rule is hereby suspended.