By: Shapleigh, et al. S.B. No. 1837 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the Texas Border Strategic Investment 1-3 Commission; making an appropriation. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 481, Government Code, is amended by 1-6 adding Subchapter G to read as follows: 1-7 SUBCHAPTER G. TEXAS BORDER STRATEGIC INVESTMENT COMMISSION 1-8 Sec. 481.101. DEFINITIONS. In this subchapter: 1-9 (1) "Commission" means the Texas Border Strategic 1-10 Investment Commission. 1-11 (2) "Texas-Mexico border region" has the meaning 1-12 assigned by Section 2056.002. 1-13 Sec. 481.102. PURPOSE. The future economic health of this 1-14 state is dependent on investing now in the Texas-Mexico border 1-15 region. The Texas-Mexico border region has the highest poverty and 1-16 unemployment rates in the country, and the per capita income is the 1-17 lowest in the country. An emergency situation exists. Texas must 1-18 invest in and create economic engines in the Texas-Mexico border 1-19 region that will allow that part of the state to grow, prosper, and 1-20 participate in the Texas dream. If this is not done, the future 1-21 cost to the state to provide for the Texas-Mexico border region 1-22 will increase and affect future family incomes across Texas. 1-23 Strategic funding for one region of the state, even where the 1-24 benefit to the whole state is the primary objective, is politically 1-25 difficult to achieve in the legislative process. Therefore, this 2-1 commission is established and funded to bring a statewide 2-2 perspective to strategic Texas-Mexico border region investments. 2-3 Sec. 481.103. TEXAS BORDER STRATEGIC INVESTMENT COMMISSION; 2-4 MEMBERS. (a) The Texas Border Strategic Investment Commission is 2-5 established. 2-6 (b) The commission is composed of: 2-7 (1) the lieutenant governor; 2-8 (2) the speaker of the house of representatives; 2-9 (3) the comptroller; 2-10 (4) the commissioner of agriculture; and 2-11 (5) the secretary of state. 2-12 (c) The lieutenant governor shall serve as the chair of the 2-13 commission. 2-14 Sec. 481.104. FUNCTIONS OF COMMISSION. (a) To the extent 2-15 that funds are specifically appropriated for the purpose, the 2-16 commission shall, after the conclusion of each regular session of 2-17 the legislature, meet, identify, and direct funding for strategic 2-18 economic development initiatives in the six metropolitan 2-19 statistical areas in the Texas-Mexico border region. 2-20 (b) The strategic investment initiatives to receive funding 2-21 shall be identified using criteria that include the following: 2-22 (1) whether the initiative is the most significant 2-23 investment the state can make in a key regional cluster to produce 2-24 a sound foundation for economic development; 2-25 (2) whether the investment leverages other significant 2-26 funds or has an objective and calculable rate of return; 3-1 (3) whether the funds are being invested in a clearly 3-2 defined concept with significant regional support; 3-3 (4) whether the concept requires special investment in 3-4 order to be accomplished in the near future because similar and 3-5 timely funding by local, state, or federal sources in the normal 3-6 appropriations process is unlikely; and 3-7 (5) whether the investment will increase the per 3-8 capita income and decrease the unemployment rate of the affected 3-9 area. 3-10 (c) The commission must identify initiatives for funding on 3-11 or before December 1 of each odd-numbered year. 3-12 Sec. 481.105. REPORT. (a) Not later than December 1 of 3-13 each even-numbered year, the commission shall file a report with 3-14 the legislature that states the strategic investment initiatives 3-15 considered by the commission during the preceding two-year period 3-16 and identifies the initiatives that received funding during the 3-17 preceding fiscal biennium. The report must include any 3-18 recommendations for legislative action the commission considers 3-19 appropriate to further the creation or function of the commission. 3-20 (b) For those initiatives that received funding from the 3-21 commission during the biennium in which the report is made, the 3-22 commission shall, in addition to evaluating other performance 3-23 measures identified by the commission, evaluate the following 3-24 performance measures in the report: 3-25 (1) the number of jobs created by the initiative and 3-26 the nature of economic development created by the initiative; 4-1 (2) the impact of any economic development on wage 4-2 rates in the affected metropolitan statistical area; 4-3 (3) the wages and benefits paid by the employer of the 4-4 created jobs compared to the county-wide average wage for the 4-5 particular industry sector that received funding; 4-6 (4) the other funds that were leveraged or the 4-7 calculable rate of return from the commission's investment in a 4-8 particular initiative; 4-9 (5) the initiative's ability to attract new industry 4-10 and economic development to the Texas-Mexico border region; and 4-11 (6) the duration and quality of the jobs, economic 4-12 development, and opportunities created. 4-13 Sec. 481.106. FUNDING. (a) In addition to any amount 4-14 appropriated by the legislature, the commission may apply for and 4-15 accept funds from the federal government or any other public or 4-16 private entity. The commission may also solicit and accept grants, 4-17 gifts, and donations from private sources on the commission's 4-18 behalf. The use of a gift, grant, or donation solicited or 4-19 accepted under this section must be consistent with the purposes of 4-20 the commission. 4-21 (b) The commission shall administer and approve 4-22 disbursements of any appropriation, fund, pledge, gift, or 4-23 endowment that is the property of the commission. 4-24 SECTION 2. There is appropriated from the economic 4-25 stabilization fund the sum of $250,000,000 to the Texas Border 4-26 Strategic Investment Commission established under Subchapter G, 5-1 Chapter 481, Government Code, as added by this Act, for the 5-2 two-year period beginning September 1, 2001, for the purposes of 5-3 that subchapter. 5-4 SECTION 3. This Act takes effect immediately if it receives 5-5 a vote of two-thirds of all the members elected to each house, as 5-6 provided by Section 39, Article III, Texas Constitution. If this 5-7 Act does not receive the vote necessary for immediate effect, this 5-8 Act takes effect September 1, 2001.