By Shapleigh, et al. S.B. No. 1837 Substitute the following for S.B. No. 1837: By Gallego C.S.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 adding 1-6 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 in part on investing 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. Texas should invest in and create economic 1-18 engines in the Texas-Mexico border region that will allow that part 1-19 of the state to grow, prosper, and participate in the Texas dream. 1-20 Strategic funding for one region of the state, even where the 1-21 benefit to the whole state is the primary objective. This 1-22 commission is established to bring a statewide perspective to 1-23 strategic Texas-Mexico border region investments. 1-24 Sec. 481.103. TEXAS BORDER STRATEGIC INVESTMENT COMMISSION; 2-1 MEMBERS. (a) The Texas Border Strategic Investment Commission is 2-2 established. 2-3 (b) The commission is composed of: 2-4 (1) the lieutenant governor; 2-5 (2) the speaker of the house of representatives; 2-6 (3) the comptroller; 2-7 (4) the commissioner of agriculture; and 2-8 (5) the chairman of the Senate Finance Committee 2-9 (6) the chairman of the House Appropriations Committee 2-10 (7) the secretary of state. 2-11 (c) The lieutenant governor shall serve as the chair of the 2-12 commission. 2-13 Sec. 481.104. FUNCTIONS OF COMMISSION. (a) Prior to each 2-14 regular legislative session, the commission shall identify and 2-15 recommend funding for strategic economic development initiatives in 2-16 the six metropolitan statistical areas in the Texas-Mexico border 2-17 region. 2-18 (b) The strategic investment initiatives recommended shall 2-19 be identified using criteria that include the following: 2-20 (1) whether the initiative recommended is the most 2-21 significant investment the state can make in a key regional cluster 2-22 to produce a sound foundation for economic development; 2-23 (2) whether the investment recommended leverages other 2-24 significant funds or has an objective and calculable rate of 2-25 return; 2-26 (3) whether the recommendation is a clearly defined 2-27 concept with significant regional support; 3-1 (4) whether the concept recommended requires special 3-2 investment in order to be accomplished in the near future because 3-3 similar and timely funding by local, state, or federal sources in 3-4 the normal appropriations process is unlikely; and 3-5 (5) whether the investment recommended will increase 3-6 the per capita income and decrease the unemployment rate of the 3-7 affected area. 3-8 (c) The commission must make a recommendation for funding on 3-9 or before December 1 of each even-numbered year. 3-10 Sec. 481.105. REPORT. (a) Not later than December 1 of each 3-11 even-numbered year, the commission shall file a report with the 3-12 legislature that states the strategic investment initiatives 3-13 recommended by the commission during the preceding two-year period 3-14 and identify the initiatives that received funding during the 3-15 preceding fiscal biennium. The report must include any 3-16 recommendations for legislative action the commission considers 3-17 appropriate to further the creation or function of the commission. 3-18 (b) For those recommended initiatives that received funding 3-19 during the biennium in which the report is made, the commission 3-20 shall, in addition to evaluating other performance measures 3-21 identified by the commission, evaluate the following performance 3-22 measures in the report: 3-23 (1) the number of jobs created by the initiative and 3-24 the nature of economic development created by the initiative; 3-25 (2) the impact of any economic development on wage 3-26 rates in the affected metropolitan statistical area; 3-27 (3) the wages and benefits paid by the employer of the 4-1 created jobs compared to the county-wide average wage for the 4-2 particular industry sector that received funding; 4-3 (4) the other funds that were leveraged or the 4-4 calculable rate of return from the commission's investment in a 4-5 particular initiative; 4-6 (5) the initiative's ability to attract new industry 4-7 and economic development to the Texas-Mexico border region; and 4-8 (6) the duration and quality of the jobs, economic 4-9 development, and opportunities created. 4-10 Sec. 481.106. FUNDING. (a) In addition to any amount 4-11 appropriated by the legislature, the commission may request state 4-12 agencies to apply for funds from the federal government or any 4-13 other public or private entity. The commission may also solicit 4-14 grants, gifts, and donations from private sources on the state's 4-15 behalf. The use of a gift, grant, or donation solicited under this 4-16 section must be consistent with the purposes of the commission. 4-17 (b) The commission shall review and may require reports of 4-18 state agencies which receive appropriations, gifts, grants, funds, 4-19 or endowments as a result of the commission's recommendations. 4-20 (c) Agencies which receive gifts, grants, donations, or 4-21 endowments are authorized to accept such gifts, grants, donations, 4-22 or endowments. 4-23 (d) The commission may also study counties classified by the 4-24 Federal Government as "persistent poverty counties" to determine 4-25 strategic development needs and opportunities. 4-26 SECTION 2. This Act takes effect immediately if it receives 4-27 a vote of two-thirds of all the members elected to each house, as 5-1 provided by Section 39, Article III, Texas Constitution. If this 5-2 Act does not receive the vote necessary for immediate effect, this 5-3 Act takes effect September 1, 2001.