By:  Chisum (Senate Sponsor - Armbrister)                         H.B. No. 43 
	(In the Senate - Received from the House March 19, 2003; 
March 26, 2003, read first time and referred to Committee on 
Natural Resources; April 14, 2003, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 6, Nays 
0; April 14, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 43                                     By:  Armbrister

A BILL TO BE ENTITLED
AN ACT
relating to the funding of and the making of grants by the Texas Council on Environmental Technology. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 387.002(b), Health and Safety Code, is amended to read as follows: (b) The Texas Council on Environmental Technology shall work to enhance the entrepreneurial and inventive spirit of Texans to assist in developing solutions to air, water, and waste problems by: (1) identifying and evaluating new technologies and seeking the approval of the United States Environmental Protection Agency for and facilitating the deployment of those technologies; [and] (2) assisting the commission and the United States Environmental Protection Agency in the process of ensuring credit for new, innovative, and creative technological advancements; (3) competing for and managing federal grants and funds from other sources available for carrying out the objectives of the council; and (4) entering into public-private partnerships to facilitate development of environmental technology infrastructure in this state. SECTION 2. Section 387.003, Health and Safety Code, is amended by adding Subsection (c) to read as follows: (c) When making a grant under the program, the Texas Council on Environmental Technology may collect a fee from the grant recipient in an amount not to exceed five percent of the amount of the grant to be used by the council only to: (1) monitor project progress; (2) disseminate information about project accomplishments; (3) track technology deployment into the marketplace; and (4) provide estimates of the impact that commercialization of funded projects will have on the environment. SECTION 3. Section 387.005, Health and Safety Code, is amended by adding Subsection (f) to read as follows: (f) If a member of the Texas Council on Environmental Technology is an employee or owner of an entity that applies for a grant under this chapter, the member, before a vote on the grant, shall disclose the fact of the member's employment or ownership. The disclosure must be entered into the minutes of the meeting. The member may not vote on or otherwise participate in the awarding of the grant. If the member does not comply with this subsection, the entity is not eligible for the grant. SECTION 4. Section 387.008(a), Health and Safety Code, is amended to read as follows: (a) The environmental research fund is an account in the general revenue fund. The fund consists of fees collected under Section 387.003(c) and money from gifts, grants, or donations to the fund for designated or general use and from any other source designated by the legislature. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.
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