78R2972 JRJ-F
By: Chisum H.B. No. 598
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Aerospace
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 482.001, Government Code, is amended by
amending Subsections (b), (c), (e), and (f) and adding Subsection
(b-1) to read as follows:
(b) The commission is composed of nine members appointed by
the governor with the advice and consent of the senate as follows:
(1) six members [. To be eligible for appointment, a
person] must have demonstrated experience in space research,
economic development in the private sector, marketing, banking, or
research and development in science or engineering; and
(2) three members must be representatives of the
general public.
(b-1) A person may not be a public member of the commission
if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of aerospace or aviation;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the commission;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the commission;
or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the commission other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
(c) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, [handicap,]
age, or national origin of the appointee.
(e) The governor shall designate a member of the commission
as the presiding officer of the commission to serve in that capacity
at the pleasure of the governor [shall elect one of its members to
serve as chairman for two years]. The presiding officer [chairman]
shall have a vote on all matters before the commission.
(f) The commission shall meet at least once in each quarter
of the calendar year. The commission may meet at other times at the
call of the presiding officer [chairman] or as provided by the rules
of the commission.
SECTION 2. Chapter 482, Government Code, is amended by
adding Sections 482.0011-482.0013 and amending Section 482.002 to
read as follows:
Sec. 482.0011. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the commission and may
not be a commission 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:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of aerospace or
aviation; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of aerospace or
aviation.
(c) A person may not be a member of the commission or act as
the general counsel to the commission 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 the commission.
Sec. 482.0012. REMOVAL. (a) It is a ground for removal
from the commission that a member:
(1) does not have at the time of taking office the
qualifications required by Section 482.001(b);
(2) does not maintain during service on the commission
the qualifications required by Section 482.001(b);
(3) is ineligible for membership under Section
482.001(b-1) or 482.0011;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the commission of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the commission, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 482.0013. TRAINING PROGRAM. (a) A person who is
appointed to and qualifies for office as a member of the commission
may not vote, deliberate, or be counted as a member in attendance at
a meeting of the commission until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the 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. SUNSET PROVISION. The Texas Aerospace
Commission is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished and this chapter expires September 1, 2015 [2003].
SECTION 3. Sections 482.003(a), (b), and (e), Government
Code, are amended to read as follows:
(a) The commission shall encourage economic development in
this state by fostering the development of aerospace and aviation
industries in Texas [related to the commercialization of space].
(b) The commission shall:
(1) analyze space-related research currently
conducted in this state and may conduct activities designed to
further that research;
(2) analyze the state's economic position in the
aerospace and aviation industries;
(3) develop short-term and long-term business
strategies to promote the retention, development, and expansion of
aerospace and aviation industry facilities in the state;
(4) make specific recommendations to the legislature
and the governor regarding the promotion of those industries;
(5) act as a liaison with other state and federal
entities with related economic, educational, and defense
responsibilities to support the marketing of the state's aerospace
and aviation capabilities; and
(6) provide technical support and expertise to the
state and to local spaceport authorities regarding aerospace and
aviation business matters.
(e) The commission may hire an executive director and staff
as necessary to perform its duties under this chapter. The
commission may hire a general counsel.
SECTION 4. Chapter 482, Government Code, is amended by
adding Sections 482.005–482.012 to read as follows:
Sec. 482.005. TECHNOLOGY POLICY. The commission shall
develop and implement a policy requiring the executive director and
commission employees to research and propose appropriate
technological solutions to improve the ability to perform
commission functions. The technological solutions must:
(1) ensure that the public is able to easily find
information about the commission on the Internet;
(2) ensure that persons who want to use the
commission's services are able to:
(A) interact with the commission through the
Internet; and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
commission's planning process.
Sec. 482.006. QUALIFICATIONS AND STANDARDS OF
CONDUCT. The executive director or the executive director's
designee shall provide to members of the commission and to
commission employees, as often as necessary, 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. The commission shall develop and implement
policies that clearly separate the policymaking responsibilities
of the commission and the management responsibilities of the
executive director and the staff of the commission.
Sec. 482.008. PUBLIC ACCESS. The commission shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the commission and to speak on any
issue under the jurisdiction of the commission.
Sec. 482.009. USE OF ALTERNATIVE PROCEDURES. (a) The
commission shall develop and implement a policy to encourage the
use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the commission's
jurisdiction.
(b) The commission's procedures relating to alternative
dispute resolution must conform, to the extent possible, 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) The commission shall
maintain a file on each written complaint filed with the
commission. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the commission closed the file without taking action other than
to investigate the complaint.
(b) The commission shall 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) The commission, at least quarterly until final
disposition of the complaint, shall 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) The
executive director or the executive director's designee shall
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) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the commission to avoid the
unlawful employment practices described by Chapter 21, Labor Code;
and
(2) an analysis of the extent to which the composition
of the commission's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Sec. 482.012. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to commission employees information and training on the
benefits and methods of participation in the State Employee
Incentive Program.
SECTION 5. Section 482.001(h), Government Code, is
repealed.
SECTION 6. (a) The changes in law made by this Act in the
prohibitions or qualifications applying to members of the Texas
Aerospace Commission do not affect the entitlement of a member
serving on the commission immediately before September 1, 2003, to
continue to serve and function as a member of the commission for the
remainder of the member's term. Those changes in law apply only to
a member appointed on or after September 1, 2003.
(b) As the terms of commissioners expire or as vacancies are
created on the commission, the governor shall 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. This Act takes effect September 1, 2003.