1-1     By:  Shapleigh, et al.                                S.B. No. 1837
 1-2           (In the Senate - Filed May 4, 2001; May 4, 2001, read first
 1-3     time and referred to Committee on Business and Commerce;
 1-4     May 9, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; May 9, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of the Texas Border Strategic Investment
 1-9     Commission; making an appropriation.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 481, Government Code, is amended by
1-12     adding Subchapter G to read as follows:
1-13         SUBCHAPTER G.  TEXAS BORDER STRATEGIC INVESTMENT COMMISSION
1-14           Sec. 481.101.  DEFINITIONS.  In this subchapter:
1-15                 (1)  "Commission" means the Texas Border Strategic
1-16     Investment Commission.
1-17                 (2)  "Texas-Mexico border region" has the meaning
1-18     assigned by Section 2056.002.
1-19           Sec. 481.102.  PURPOSE.  The future economic health of this
1-20     state is dependent on investing now in the Texas-Mexico border
1-21     region.  The Texas-Mexico border region has the highest poverty and
1-22     unemployment rates in the country, and the per capita income is the
1-23     lowest in the country. An emergency situation exists. Texas must
1-24     invest in and create economic engines in the Texas-Mexico border
1-25     region that will allow that part of the state to grow, prosper, and
1-26     participate in the Texas dream.  If this is not done, the future
1-27     cost to the state to provide for the Texas-Mexico border region
1-28     will increase and affect future family incomes across Texas.
1-29     Strategic funding for one region of the state, even where the
1-30     benefit to the whole state is the primary objective, is politically
1-31     difficult to achieve in the legislative process.  Therefore, this
1-32     commission is established and funded to bring a statewide
1-33     perspective to strategic Texas-Mexico border region investments.
1-34           Sec. 481.103.  TEXAS BORDER STRATEGIC INVESTMENT COMMISSION;
1-35     MEMBERS.  (a)  The Texas Border Strategic Investment Commission is
1-36     established.
1-37           (b)  The commission is composed of:
1-38                 (1)  the lieutenant governor;
1-39                 (2)  the speaker of the house of representatives;
1-40                 (3)  the comptroller;
1-41                 (4)  the commissioner of agriculture; and
1-42                 (5)  the secretary of state.
1-43           (c)  The lieutenant governor shall serve as the chair of the
1-44     commission.
1-45           Sec. 481.104.  FUNCTIONS OF COMMISSION.  (a)  To the extent
1-46     that funds are specifically appropriated for the purpose, the
1-47     commission shall, after the conclusion of each regular session of
1-48     the legislature, meet, identify, and direct funding for strategic
1-49     economic development initiatives in the six metropolitan
1-50     statistical areas in the Texas-Mexico border region.
1-51           (b)  The strategic investment initiatives to receive funding
1-52     shall be identified using criteria that include the following:
1-53                 (1)  whether the initiative is the most significant
1-54     investment the state can make in a key regional cluster to produce
1-55     a sound foundation for economic development;
1-56                 (2)  whether the investment leverages other significant
1-57     funds or has an objective and calculable rate of return;
1-58                 (3)  whether the funds are being invested in a clearly
1-59     defined concept with significant regional support;
1-60                 (4)  whether the concept requires special investment in
1-61     order to be accomplished in the near future because similar and
1-62     timely funding by local, state, or federal sources in the normal
1-63     appropriations process is unlikely; and
1-64                 (5)  whether the investment will increase the per
 2-1     capita income and decrease the unemployment rate of the affected
 2-2     area.
 2-3           (c)  The commission must identify initiatives for funding on
 2-4     or before December 1 of each odd-numbered year.
 2-5           Sec. 481.105.  REPORT.  (a)  Not later than December 1 of
 2-6     each even-numbered year, the commission shall file a report with
 2-7     the legislature that states the strategic investment initiatives
 2-8     considered by the commission during the preceding two-year period
 2-9     and identifies the initiatives that received funding during the
2-10     preceding fiscal biennium. The report must include any
2-11     recommendations for legislative action the commission considers
2-12     appropriate to further the creation or function of the commission.
2-13           (b)  For those initiatives that received funding from the
2-14     commission during the biennium in which the report is made, the
2-15     commission shall, in addition to evaluating other performance
2-16     measures identified by the commission, evaluate the following
2-17     performance measures in the report:
2-18                 (1)  the number of jobs created by the initiative and
2-19     the nature of economic development created by the initiative;
2-20                 (2)  the impact of any economic development on wage
2-21     rates in the affected metropolitan statistical area;
2-22                 (3)  the wages and benefits paid by the employer of the
2-23     created jobs compared to the county-wide average wage for the
2-24     particular industry sector that received funding;
2-25                 (4)  the other funds that were leveraged or the
2-26     calculable rate of return from the commission's investment in a
2-27     particular initiative;
2-28                 (5)  the initiative's ability to attract new industry
2-29     and economic development to the Texas-Mexico border region; and
2-30                 (6)  the duration and quality of the jobs, economic
2-31     development, and opportunities created.
2-32           Sec. 481.106.  FUNDING.  (a)  In addition to any amount
2-33     appropriated by the legislature, the commission may apply for and
2-34     accept funds from the federal government or any other public or
2-35     private entity. The commission may also solicit and accept grants,
2-36     gifts, and donations from private sources on the commission's
2-37     behalf.  The use of a gift, grant, or donation solicited or
2-38     accepted under this section must be consistent with the purposes of
2-39     the commission.
2-40           (b)  The commission shall administer and approve
2-41     disbursements of any appropriation, fund, pledge, gift, or
2-42     endowment that is the property of the commission.
2-43           SECTION 2.  There is appropriated from the economic
2-44     stabilization fund the sum of $250,000,000 to the Texas Border
2-45     Strategic Investment Commission established under Subchapter G,
2-46     Chapter 481, Government Code, as added by this Act, for the
2-47     two-year period beginning September 1, 2001, for the purposes of
2-48     that subchapter.
2-49           SECTION 3.  This Act takes effect immediately if it receives
2-50     a vote of two-thirds of all the members elected to each house, as
2-51     provided by Section 39, Article III, Texas Constitution.  If this
2-52     Act does not receive the vote necessary for immediate effect, this
2-53     Act takes effect September 1, 2001.
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