SRC-VRA S.B.269 78(R) BILL ANALYSIS
Senate Research Center S.B. 269
78R2972 JRJ-FBy: Ellis, Rodney
Government Organization
2/19/2003
As Filed
DIGEST AND PURPOSE
The legislature created the Texas Space Commission in 1987 to encourage
economic development of industries related to the commercialization of
space, later renaming it the Texas Aerospace Commission (TAC) in 1993.
TAC helps recruit and expand aerospace industries in Texas, adminsters
state grant funds to assist with the establishment of spaceports, and
helps promote space- related research. TAC is subject to the Sunset Act
and will be abolished on September 1, 2003, unless continued by the
legislature. The Sunset Commission found that TAC could serve a needed
function and should be continued, but with an updated mission to foster
the development of both aerospace and aviation industries, and clearly
defined statutory duties to help focus the agency's activities. As
proposed, S.B. 269 continues TAC for 12 years and expands the scope of its
responsibility to include both aerospace and aviation industries.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 482.001, Government Code, by amending
Subsections (b), (c), (e), and (f) and adding Subsection (b-1), as
follows:
(b) Provides that the Texas Aerospace Commission (TAC) is composed of
nine members appointed by the governor with the advice and consent of the
senate as follows:
Requires six members to have demonstrated experience in space research,
economic development in the private sector, marketing, banking, or
research and development in science or engineering and requires three
members to be representatives of the general public.
(b-1) Provides that a person may not be a public member of TAC if the
person or the person's spouse meets certain criteria.
(c) Requires appointments to TAC to be made without regard to the race,
color, disability, sex, religion, age or national origin of the appointee.
(e) Requires the governor to designate a member of TAC as the presiding
officer of TAC to serve in that capacity at the pleasure of the governor.
Requires the presiding officer to have a vote on all matters before TAC.
(f) Makes a conforming change.
SECTION 2. Amends Chapter 482, Government Code, by adding Sections
482.0011-482.0013 and amending Section 482.002, as follows:
Sec. 482.0011. CONFLICT OF INTEREST. (a) Defines "Texas trade
association." (b) Provides that a person may not be a member of TAC and
may not be a TAC employee employed "in a bona fide executive,
administrative, or professional capacity," as that phrase is used for
purposes of establishing an exemption to the overtime provisions of the
federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
and its subsequent amendments, if certain criteria are met.
(c) Provides that a person may not be a member of TAC or act as the
general counsel to TAC if the person is required to register as a lobbyist
under Chapter 305 because of the person's activities for compensation on
behalf of a profession related to the operation of TAC.
Sec. 482.0012. REMOVAL. (a) Provides that it is a ground for removal
from TAC if a member does not meet certain requirements.
(b) Provides that the validity of an action of TAC is not affected by the
fact that it is taken when a ground for removal of a TAC member exists.
(c) Requires the executive director, if he or she has knowledge that a
potential ground for removal exists, to notify the presiding officer of
TAC of the potential ground. Requires the presiding officer to then
notify the governor and the attorney general that a potential ground for
removal exists. Requires the executive director, if the potential ground
for removal involves the presiding officer, to notify the next highest
ranking officer of TAC, who is required to then notify the governor and
the attorney general that a potential ground for removal exists.
Sec. 482.0013. TRAINING PROGRAM. (a) Provides that a person who is
appointed to and qualifies for office as a member of TAC may not vote,
deliberate, or be counted as a member in attendance at a meeting of TAC
until the person completes a training program that complies with this
section.
(b) Requires the training program to provide the person with certain
information.
(c) Provides that a person appointed to TAC is entitled to reimbursement,
as provided by the General Appropriations Act, for travel expenses
incurred in attending the training program regardless of whether the
attendance at the program occurs before or after the person qualifies for
office.
Sec.482.002. Continues the Texas Aerospace Commission for a 12-year
period until September 1, 2015.
SECTION 3. Amends Sections 482.003(a), (b), and (e), Government Code, as
follows:
(a) Requires TAC to encourage economic development in this state by
fostering the development of aerospace and aviation industries in Texas,
rather than the commercialization of space.
(b) Requires TAC to perform certain additional functions related to
aerospace and aviation industries.
(e) Authorizes TAC to hire an executive director and staff as necessary
to perform its duties under this chapter.
SECTION 4. Amends Chapter 482, Government Code, by adding Sections
482.005-482.012, as follows:
Sec. 482.005. TECHNOLOGY POLICY. Requires TAC to develop and implement
a policy requiring the executive director and TAC employees to research
and propose appropriate technological solutions to improve the ability to
perform TAC functions. Requires the technological solutions to ensure
that certain services are provided.
Sec. 482.006. QUALIFICATIONS AND STANDARDS OF CONDUCT. Requires the
executive director or the executive director's designee to provide to
members of TAC and to TAC employees information regarding the requirements
for office or employment under this chapter, including information
regarding a person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
Sec. 482.007. SEPARATION OF POLICYMAKING AND MANAGEMENT
RESPONSIBILITIES. Requires TAC to develop and implement policies that
clearly separate the policymaking responsibilities of TAC and the
management responsibilities of the executive directo and the staff of TAC.
Sec. 482.008. PUBLIC ACCESS. Requires TAC to develop and implement
policies that provide the public with a reasonable opportunity to appear
before TAC and to speak on any issue under the jurisdiction of TAC.
Sec. 482.009. USE OF ALTERNATIVE PROCEDURES. (a) Requires TAC to
develop and implement a policy to encourage the use of certain rulemaking
and alternative dispute resolution procedures.
(b) Requires TAC's procedures relating to alternative dispute resolution
to conform to any model guidelines issued by the State Office of
Administrative Hearings for the use of alternative dispute resolution by
state agencies.
Sec. 482.010. COMPLAINTS. (a) Requires TAC to maintain a file on each
written complaint filed with TAC. Requires the file to include certain
information.
(b) Requires TAC to provide to the person filing the complaint and to
each person who is a subject of the complaint a copy of the commission's
policies and procedures relating to complaint investigation and
resolution.
(c) Requires TAC, at least quarterly until final disposition of the
complaint, to notify the person filing the complaint and each person who
is a subject of the complaint of the status of the investigation unless
the notice would jeopardize an undercover investigation.
Sec. 482.011. EQUAL EMPLOYMENT OPPORTUNITY. (a) Requires the executive
director or the executive director's designee to prepare and maintain a
written policy statement that implements a program of equal employment
opportunity to ensure that all personnel decisions are made without regard
to race, color, disability, sex, religion, age, or national origin.
(b) Requires the policy to include certain information.
(c) Requires the policy statement to be updated annually, be reviewed by
the state Commission on Human Rights for compliance with Subsection (b)(1)
and be filed with the governor's office.
Sec. 482.012. STATE EMPLOYEE INCENTIVE PROGRAM. Requires the executive
director or the executive director's designee to provide to TAC employees
information and training on the benefits and methods of participation in
the State Employee Incentive Program.
SECTION 5. Repealer: Section 482.001(h), Government Code (relating to a
registered lobbyist serving on TAC).
SECTION 6. (a) Makes application of this Act prospective.
(b) Requires the governor, as the terms of commissioners expire or as
vacancies are created on TAC, to appoint commissioners as necessary to
comply with Sections 482.001(b) and (b-1), Government Code, as amended and
added by this Act.
SECTION 7. Effective date: September 1, 2003.