H.B. No. 397

AN ACT

relating to the creation of the Bureau for Economic Development of the Border Region.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 4, Government Code, is amended by adding Chapter 490D to read as follows:

CHAPTER 490D. BUREAU FOR ECONOMIC DEVELOPMENT OF THE BORDER REGION

Sec. 490D.001. DEFINITIONS. In this chapter:

(1) "Border region" means the portion of this state located:

(A) not more than 100 kilometers from the state's international border; or

(B) in a county located on an international border.

(2) "Bureau" means the Bureau for Economic Development of the Border Region.

Sec. 490D.002. BUREAU; MEMBERS. (a) The Bureau for Economic Development of the Border Region is a collaboration of participating entities administered by an institution of higher education as provided by Subsection (b). The bureau shall work in collaboration with public and private entities solely in an advisory capacity on relevant research focused on the border region to effectively maximize the economic potential of the region.

(b) Except as provided by Subsection (h), the administration of the bureau shall alternate on September 1 of each odd-numbered year among the following institutions of higher education in the following order:

(1) a private university that is located in a municipality that contains more than 75 percent of the population of a county with a population of 1.5 million or more and that has an economic development research institute dedicated to researching regional economies, selected by the speaker of the house of representatives;

(2) The University of Texas at Brownsville;

(3) The University of Texas--Pan American;

(4) The University of Texas at El Paso;

(5) The University of Texas at San Antonio; and

(6) Texas A&M International University.

(c) The bureau has a steering committee that consists of the following members:

(1) one member appointed by the lieutenant governor;

(2) one member affiliated with a private university described by Subsection (b)(1), appointed by the speaker of the house of representatives;

(3) one member appointed by the administration of each of the following institutions of higher education:

(A) The University of Texas at Brownsville;

(B) The University of Texas--Pan American;

(C) The University of Texas at El Paso;

(D) The University of Texas at San Antonio; and

(E) Texas A&M International University;

(4) the chair of the House Committee on Border and Intergovernmental Affairs, designated by the speaker of the house of representatives; and

(5) the chair of the Senate Committee on International Relations and Trade, designated by the lieutenant governor.

(d) The members of the bureau's steering committee appointed under Subsections (c)(2) and (3) must represent a center, division, or institute for economic development, border studies, enterprise development, workforce development, or similar matters within the institution of higher education.

(e) The member of the bureau's steering committee appointed under Subsection (c)(1) must be a resident of the border region. The other appointed or designated members of the steering committee may be residents of the border region.

(f) Members of the bureau's steering committee must be selected to provide the bureau expertise in matters relating to financial planning and development, construction, engineering, economic development, employment, or trade.

(g) The institution of higher education that administers the bureau shall provide educational expertise to the bureau.

(h) An institution of higher education may decline to administer the bureau for a biennium if the institution notifies each of the members of the bureau's steering committee not later than the 30th day before the date the institution is scheduled to begin administering the bureau. If an institution declines to administer the bureau:

(1) the next institution of higher education scheduled to administer the bureau shall administer the bureau during the biennium;

(2) the member affiliated with the institution of higher education that has declined to administer the bureau must continue to participate in the steering committee but does not serve as the presiding officer for the biennium; and

(3) the institutions of higher education listed in Subsection (b) shall continue to alternate the administration of the bureau in the order required by that subsection for subsequent bienniums.

Sec. 490D.003. TERMS. (a) The members of the bureau's steering committee appointed under Sections 490D.002(c)(1), (2), and (3) serve staggered terms of two years, with four of the members' terms expiring September 1 of each odd-numbered year.

(b) A member may serve more than one term.

Sec. 490D.004. MEETINGS; OFFICERS. (a) The bureau's steering committee shall hold at least one regular meeting annually.

(b) The member of the steering committee affiliated with the institution of higher education that is administering the bureau as provided by Section 490D.002(b) serves as the presiding officer.

(c) The steering committee shall meet subject to the call of the presiding officer.

Sec. 490D.005. DUTIES. (a) Subject to Subsection (b), the bureau shall:

(1) facilitate research in fields of study affecting the economy in the border region;

(2) make recommendations to the legislature regarding the provision of economic and financial education to persons living in the border region;

(3) draft and submit reports to advise the legislature about economic development opportunities in the border region;

(4) provide evaluation of specific proposals for use of economic development funds in the border region, including tax abatement agreements;

(5) consult with the Texas Economic Development and Tourism Office within the office of the governor on issues related to the border region;

(6) study and report on opportunities to improve trade across the international border; and

(7) make recommendations to the legislature about the establishment of infrastructure projects to assist multiple counties in the border region.

(b) Before a recommendation or evaluation is made under Subsection (a), two-thirds of the members of the steering committee present at a meeting at which a quorum is present must approve the recommendation or evaluation.

Sec. 490D.006. FUNDING. (a) The bureau or any member of the bureau's steering committee may solicit and accept pledges, gifts, and endowments from private sources on the bureau's behalf. The bureau shall actively seek gifts from businesses and organizations that represent businesses to support the bureau's functions. A pledge, gift, or endowment solicited under this section must be consistent with the purposes of the bureau.

(b) The legislature may not make an appropriation for the duties or functions of the bureau.

Sec. 490D.007. FACILITIES AND OTHER ASSISTANCE. The institution of higher education that administers the bureau may provide facilities and services to further the purposes of the bureau.

Sec. 490D.008. DURATION. Section 2110.008 does not apply to the bureau.

SECTION 2. In appointing the initial appointed members of the steering committee of the Bureau for Economic Development of the Border Region under Section 490D.002, Government Code, as added by this Act:

(1) the lieutenant governor shall appoint one member to serve a term expiring September 1, 2013;

(2) the speaker of the house of representatives shall appoint the member under Section 490D.002(c)(2), as added by this Act, to serve a term expiring September 1, 2013;

(3) the administration of The University of Texas at Brownsville shall appoint one member to serve a term expiring September 1, 2013;

(4) the administration of The University of Texas--Pan American shall appoint one member to serve a term expiring September 1, 2013;

(5) the administration of The University of Texas at El Paso shall appoint one member to serve a term expiring September 1, 2012;

(6) the administration of The University of Texas at San Antonio shall appoint one member to serve a term expiring September 1, 2012; and

(7) the administration of Texas A&M International University shall appoint one member to serve a term expiring September 1, 2012.

SECTION 3. This Act takes effect September 1, 2011.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 397 was passed by the House on April 29, 2011, by the following vote: Yeas 116, Nays 29, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 397 on May 23, 2011, by the following vote: Yeas 104, Nays 38, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 397 was passed by the Senate, with amendments, on May 21, 2011, by the following vote: Yeas 26, Nays 5.

______________________________ Secretary of the Senate APPROVED: __________________

Date

__________________

Governor