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.