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Amend CSHB 2531 (Senate committee printing) as follows:
(1) In the recital to SECTION 1 of the bill (page 1, line
14), strike "Section 490.005" and substitute "Sections 490.005 and
490.006".
(2) In SECTION 1 of the bill (page 1, between lines 14 and
15}, insert the following:
Sec. 490.005. AUTHORITY TO CONTRACT WITH AN OUTSIDE ENTITY.
(a) In this section, "investment portfolio" means the stocks or
other securities of the fund that:
(1) are held by the governor from time to time; and
(2) were received by the governor in consideration for
an award made from the fund under Subchapter D.
(b) The governor may contract with an outside entity to:
(1) assist in the negotiation and drafting of
contracts between the governor and a recipient of an award under
this chapter;
(2) oversee outstanding awards and monitor compliance
with a contract described by Subdivision (1);
(3) evaluate the fund's investment portfolio;
(4) advise the office of the governor regarding the
value and performance of the investment portfolio; and
(5) assist the governor in preparing the annual report
required by Section 490.006.
(c) A contract described by Subsection (b) may provide for
the outside entity to receive compensation from the fund each year.
(d) An outside entity with which the governor contracts
under this section must have substantial experience in evaluating
institutional investment practices and performance in order to
evaluate fund investment practices and performance.
(3) In SECTION 1 of the bill, in added Section 490.005,
Government Code (page 1, line 15), strike "Sec. 490.005" and
substitute "Sec. 490.006".
(4) In SECTION 1 of the bill, strike added Section
490.005(a), Government Code (page 1, lines 15 through 20), and
substitute the following:
(a) In this section, "investment portfolio" has the meaning
assigned by Section 490.005.
(5) In SECTION 2 of the bill (page 1, line 62), strike
"Section 490.005" and substitute "Section 490.006".
(6) Add the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS accordingly:
SECTION ____. Section 490.057, Government Code, is
transferred to Subchapter A, Chapter 490, Government Code,
renumbered as Section 490.004, Government Code, and amended to read
as follows:
Sec. 490.004 [490.057]. CERTAIN INFORMATION CONFIDENTIAL
[CONFIDENTIALITY]. (a) Except as provided by Subsection (d), this
section applies to information in any form provided by or on behalf
of an individual or entity being considered for an award from the
fund or a recipient of an award from the fund, including:
(1) information contained in, accompanying, or
derived from any application; and
(2) information [Information collected by the
governor's office, the committee, or the committee's advisory
panels] concerning the identity, background, finance, marketing
plans, trade secrets, or other commercially or academically
sensitive information of the [an] individual or entity [being
considered for an award from the fund is confidential unless the
individual or entity consents to disclosure of the information].
(b) The information described by Subsection (a) collected,
assembled, or maintained by or for the governor, the lieutenant
governor, the speaker of the house of representatives, the
committee, or the committee's advisory panels is confidential and
may not be disclosed under Chapter 552.
(c) Any application for an award from the fund that is
withdrawn by the applicant before the award is made or that is
denied shall be returned to the applicant promptly on request,
together with all materials submitted by or on behalf of the
applicant that relate to the application, except that a record of
the submission and disposition of the application that does not
include any information described by Subsection (a) may be
retained.
(d) Not later than the 10th business day after the date a
contract for an award from the fund is entered into under Section
490.101, the governor's office shall prepare a summary of the
contract and shall make the summary available to the public. The
summary must include the award recipient's name and address, the
amount of funding applied for, and the type of emerging technology
to which the award relates. The summary must not include any
confidential information.
SECTION ____. Subsection (a), Section 490.102, Government
Code, is amended to read as follows:
(a) Money appropriated to the fund by the legislature, less
amounts necessary to administer the fund under Section 490.055,
shall be allocated as follows:
(1) 60 [50] percent of the money for incentives for
collaboration between certain entities as provided by Subchapter D;
(2) 10 [16.67] percent of the money for research award
matching as provided by Subchapter E; and
(3) 30 [33.33] percent of the money for acquisition of
research superiority as provided by Subchapter F.
SECTION ____. Subchapter C, Chapter 490, Government Code,
is amended by adding Section 490.104 to read as follows:
Sec. 490.104. TRANSFERS BETWEEN TEXAS EMERGING TECHNOLOGY
FUND AND TEXAS ENTERPRISE FUND. Notwithstanding any other law,
including an appropriations act, the governor may not, without the
prior written approval of the Legislative Budget Board:
(1) make an award or transfer otherwise authorized by
law from the Texas emerging technology fund to the Texas Enterprise
Fund under Section 481.078 for purposes of making a grant or other
expenditure from the Texas Enterprise Fund; or
(2) make a grant or transfer otherwise authorized by
law from the Texas Enterprise Fund to the Texas emerging technology
fund for purposes of making an award or other expenditure from the
Texas emerging technology fund.
SECTION ____. Subsection (a), Section 490.253, Government
Code, is amended to read as follows:
(a) The committee shall review and consider proposals by
public institutions of higher education for:
(1) creating new research superiority;
(2) attracting existing research superiority from
institutions of higher education not located in this state [and
other research entities]; [or]
(3) attracting existing research superiority from
entities other than institutions of higher education, whether those
entities are located in or outside this state;
(4) enhancing existing research superiority by
attracting from institutions of higher education located outside
this state additional researchers and resources; or
(5) enhancing existing research superiority by
attracting additional researchers and resources from entities
other than institutions of higher education, whether those entities
are located in or outside this state.