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A BILL TO BE ENTITLED
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AN ACT
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relating to state economic development measures, including |
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administration of the Texas Enterprise Fund, creation of the |
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Economic Incentive Oversight Board and the governor's university |
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research initiative, abolishment of the Texas emerging technology |
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fund and certain programs administered by the Texas Economic |
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Development Bank, and renaming the Major Events trust fund to the |
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Major Events Reimbursement Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. TRUSTEED PROGRAMS WITHIN OFFICE OF GOVERNOR |
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SECTION 1.01. Section 481.078, Government Code, is amended |
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by amending Subsections (c), (d-1), (e), (e-1), (f), and (k) and |
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adding Subsections (e-2) and (m) to read as follows: |
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(c) Except as provided by Subsections (d) and (d-1), the |
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fund may be used only for: |
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(1) economic development, infrastructure development, |
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community development, job training programs, and business |
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incentives; and |
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(2) projects for commercialization of property |
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derived from research developed at or through public or private |
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institutions of higher education as provided by Section 481.081. |
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(d-1) The fund may be used for the Texas homeless housing |
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and services program administered by the Texas Department of |
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Housing and Community Affairs under Section 2306.2585. The |
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governor may transfer appropriations from the fund to the Texas |
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Department of Housing and Community Affairs to fund the Texas |
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homeless housing and services program. Subsections (e-2) [(e-1)], |
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(f), (f-1), (f-2), (g), (h), (h-1), (i), and (j) and Section 481.080 |
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do not apply to a grant awarded for a purpose specified by this |
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subsection. |
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(e) The administration of the fund is considered to be a |
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trusteed program within the office of the governor. The governor |
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may negotiate on behalf of the state regarding awarding, by grant, |
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money appropriated from the fund. |
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(e-1) The governor may award money appropriated from the |
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fund only with the prior approval of the lieutenant governor and |
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speaker of the house of representatives. For purposes of this |
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subsection, an award of money appropriated from the fund is |
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considered disapproved by the lieutenant governor or speaker of the |
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house of representatives if that officer does not approve the |
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proposal to award the grant before the 31st [91st] day after the |
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date of receipt of the proposal from the governor. The lieutenant |
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governor or the speaker of the house of representatives may extend |
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the review deadline applicable to that officer for an additional 14 |
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days by submitting a written notice to that effect to the governor |
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before the expiration of the initial review period. |
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(e-2) [(e-1)] To be eligible to receive a grant under this |
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section, the entity must: |
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(1) be in good standing under the laws of the state in |
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which the entity was formed or organized, as evidenced by a |
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certificate issued by the secretary of state or the state official |
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having custody of the records pertaining to entities or other |
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organizations formed under the laws of that state; and |
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(2) owe no delinquent taxes to a taxing unit of this |
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state. |
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(f) Before awarding a grant from the fund [under this
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section], the governor shall enter into a written agreement with |
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the entity to be awarded the grant money. If the entity is awarded a |
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grant for a purpose described by Subsection (c)(1), the agreement |
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must specify [specifying] that: |
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(1) if the governor finds that the grant recipient has |
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not met each of the performance targets specified in the agreement |
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as of a date certain provided in the agreement: |
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(A) the recipient shall repay the grant and any |
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related interest to the state at the agreed rate and on the agreed |
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terms; |
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(B) the governor will not distribute to the |
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recipient any grant money that remains to be awarded under the |
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agreement; and |
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(C) the governor may assess specified penalties |
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for noncompliance against the recipient; |
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(2) if all or any portion of the amount of the grant is |
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used to build a capital improvement, the state may: |
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(A) retain a lien or other interest in the |
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capital improvement in proportion to the percentage of the grant |
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amount used to pay for the capital improvement; and |
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(B) require the recipient of the grant, if the |
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capital improvement is sold, to: |
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(i) repay to the state the grant money used |
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to pay for the capital improvement, with interest at the rate and |
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according to the other terms provided by the agreement; and |
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(ii) share with the state a proportionate |
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amount of any profit realized from the sale; and |
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(3) if, as of a date certain provided in the agreement, |
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the grant recipient has not used grant money awarded under this |
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section for the purposes for which the grant was intended, the |
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recipient shall repay that amount and any related interest to the |
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state at the agreed rate and on the agreed terms. |
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(k) To encourage the development and location of small |
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businesses in this state, the governor shall make [consider making] |
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grants from the fund: |
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(1) to recipients that are small businesses in this |
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state that commit to using the grants to create additional jobs; |
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(2) to recipients that are small businesses from |
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outside the state that commit to relocate to this state; or |
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(3) for individual projects that create 100 or fewer |
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additional jobs. |
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(m) The office of the governor shall adopt rules for the |
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operation of the trusteed program established under this section. |
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The rules must include: |
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(1) forms and procedures for applications for and the |
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award of grants; |
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(2) procedures for evaluating grant applications; |
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(3) provisions governing the grant agreement process; |
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(4) methods and procedures for monitoring grant |
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recipients and projects or activities for which a grant is awarded |
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from the fund to determine whether and to what extent the grant |
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recipients comply with job creation performance targets, capital |
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investment commitments, or other specified performance targets in |
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the grant agreement, including requirements that grant recipients |
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provide to the office periodic compliance updates; |
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(5) document retention requirements for grant |
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recipients that are consistent with applicable state law; and |
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(6) conflict of interest provisions to ensure that |
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persons involved in the operation of the program, including persons |
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involved in evaluating applications for or awarding grants from the |
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fund or in monitoring grant recipients or determining compliance |
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with the terms of grant agreements, do not have a substantial |
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interest in any grant recipient or grant awarded from the fund. |
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SECTION 1.02. Section 481.079(a-1), Government Code, is |
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amended to read as follows: |
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(a-1) For grants awarded for a purpose specified by Section |
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481.078(d-1) or 481.081, the report must include only the amount |
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and purpose of each grant. |
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SECTION 1.03. Subchapter E, Chapter 481, Government Code, |
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is amended by adding Section 481.081 to read as follows: |
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Sec. 481.081. TEXAS ENTERPRISE FUND: GRANT FOR UNIVERSITY |
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RESEARCH DEVELOPMENT WITH PRIVATE SPONSORSHIP. (a) In this |
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section: |
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(1) "Fund" means the Texas Enterprise Fund under |
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Section 481.078. |
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(2) "Public or private institution of higher |
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education" means an institution of higher education or a private or |
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independent institution of higher education as those terms are |
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defined by Section 61.003, Education Code. |
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(b) The governor shall provide grants to public or private |
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institutions of higher education from the fund to supplement other |
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funding for projects involving the commercialization of |
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intellectual property or other property derived from research |
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developed at or through a public or private institution of higher |
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education. To be eligible for a grant under this section, a project |
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must be supported by funding provided by one or more private |
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entities participating in the project, in addition to any funding |
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provided by the public or private institution of higher education. |
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(c) The amount of a grant awarded under this section may not |
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exceed 50 percent of the total amount of investment in the project |
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provided by the applicable public or private institution of higher |
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education and the participating private entity or entities. |
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SECTION 1.04. Subchapter G, Chapter 404, Government Code, |
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is amended by adding Section 404.1031 to read as follows: |
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Sec. 404.1031. MANAGEMENT OF INVESTMENT PORTFOLIO FROM |
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FORMER TEXAS EMERGING TECHNOLOGY FUND. (a) In this section, |
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"state's emerging technology investment portfolio" means: |
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(1) the equity positions in the form of stock or other |
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security the governor took, on behalf of the state, in companies |
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that received awards under the former Texas emerging technology |
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fund; and |
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(2) any other investments made by the governor, on |
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behalf of the state, in connection with an award made under the |
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former Texas emerging technology fund. |
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(b) The trust company shall manage the state's emerging |
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technology investment portfolio in a manner that a prudent investor |
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would employ exercising reasonable care, skill, and caution, taking |
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into consideration the investment of all assets of the portfolio. |
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The trust company may recover its reasonable and necessary costs |
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incurred in the management of the portfolio from the earnings on the |
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investments in the portfolio. |
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(c) Any proceeds or other earnings from the sale of stock or |
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other investments in the state's emerging technology investment |
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portfolio, less the amount permitted to be retained for payment of |
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its costs for managing the portfolio as provided by Subsection (b), |
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shall be remitted by the trust company to the comptroller for |
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deposit in the general revenue fund. |
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SECTION 1.05. Effective September 1, 2016, Subchapter G, |
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Chapter 404, Government Code, is amended by adding Section 404.1032 |
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to read as follows: |
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Sec. 404.1032. VALUATION OF INVESTMENTS FROM FORMER FUND; |
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ANNUAL REPORT. (a) To the maximum extent practicable, the trust |
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company annually shall perform a valuation of the equity positions |
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the governor took, on behalf of the state, in companies that |
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received awards under the former Texas emerging technology fund and |
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of other investments made by the governor, on behalf of the state, |
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in connection with an award under that fund. The valuation must be |
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based on a methodology that is consistent with generally accepted |
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accounting principles. |
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(b) Not later than January 31 of each year, the trust |
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company shall submit to the lieutenant governor, the speaker of the |
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house of representatives, and the standing committee of each house |
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of the legislature with primary jurisdiction over economic |
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development matters and post on the trust company's Internet |
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website a report of any valuation performed under this section |
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during the preceding state fiscal year. |
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SECTION 1.06. The heading to Chapter 490, Government Code, |
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is amended to read as follows: |
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CHAPTER 490. PROVISIONS RELATING TO FORMER TEXAS [FUNDING FOR] |
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EMERGING TECHNOLOGY FUND |
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SECTION 1.07. Sections 490.001(2) and (4), Government Code, |
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are amended to read as follows: |
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(2) "Fund" means the former Texas emerging technology |
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fund. |
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(4) "Award" means: |
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(A) for purposes of former Subchapter D, an |
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investment in the form of equity or a convertible note; |
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(B) for purposes of former Subchapter E, an |
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investment in the form of a debt instrument; |
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(C) for purposes of former Subchapter F, a grant; |
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or |
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(D) other forms of contribution or investment as |
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recommended by the former Texas Emerging Technology Advisory |
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Committee [committee] and approved by the governor, lieutenant |
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governor, and speaker of the house of representatives before |
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amendment of this chapter by the 84th Legislature, Regular Session, |
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2015. |
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SECTION 1.08. The heading to Section 490.005, Government |
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Code, is amended to read as follows: |
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Sec. 490.005. REPORT ON AWARDS FROM FORMER FUND [ANNUAL
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REPORT]. |
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SECTION 1.09. Section 490.005, Government Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (d) to |
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read as follows: |
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(a) Not later than January 31, 2016 [of each year], the |
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governor shall submit to the lieutenant governor, the speaker of |
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the house of representatives, and the standing committee of each |
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house of the legislature with primary jurisdiction over economic |
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development matters and post on the office of the governor's |
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Internet website a report that includes for each preceding state |
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fiscal year the following information regarding awards made under |
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the fund [during each preceding state fiscal year]: |
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(1) the total number and amount of awards made; |
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(2) the number and amount of awards made under former |
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Subchapters D, E, and F; |
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(3) the aggregate total of private sector investment, |
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federal government funding, and contributions from other sources |
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obtained in connection with awards made under each of the |
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subchapters listed in Subdivision (2); |
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(4) the name of each award recipient and the amount of |
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the award made to the recipient; and |
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(5) a brief description of the equity position that |
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the governor, on behalf of the state, has taken [may take] in |
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companies that received [receiving] awards and the names of the |
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companies in which the state has taken an equity position. |
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(b) The [annual] report must also contain: |
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(1) the total number of jobs actually created by each |
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project that received an award from the fund [receiving funding
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under this chapter]; |
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(2) an analysis of the number of jobs actually created |
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by each project that received an award from the fund [receiving
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funding under this chapter]; and |
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(3) a brief description regarding: |
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(A) the methodology used to determine the |
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information provided under Subdivisions (1) and (2), which may be |
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developed in consultation with the comptroller's office; |
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(B) the intended outcomes of projects funded |
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under former Subchapter D [during each preceding state fiscal
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year]; and |
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(C) the actual outcomes of all projects funded |
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under former Subchapter D [during each preceding state fiscal
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year], including any financial impact on the state resulting from a |
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liquidity event involving a company whose project was funded under |
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that subchapter. |
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(d) This section expires September 1, 2017. |
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SECTION 1.10. Effective September 1, 2016, Subchapter A, |
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Chapter 490, Government Code, is amended by adding Section 490.0051 |
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to read as follows: |
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Sec. 490.0051. ANNUAL REPORT ON PROJECTS FUNDED; JOB |
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CREATION AND OUTCOMES. (a) Not later than January 31 of each year, |
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the governor shall submit to the lieutenant governor, the speaker |
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of the house of representatives, and the standing committee of each |
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house of the legislature with primary jurisdiction over economic |
|
development matters and post on the office of the governor's |
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Internet website a report that contains for each preceding state |
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fiscal year the following information regarding awards made under |
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the fund: |
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(1) the total number of jobs actually created by each |
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project that received an award from the fund; |
|
(2) an analysis of the number of jobs actually created |
|
by each project that received an award from the fund; and |
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(3) a brief description regarding: |
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(A) the methodology used to determine the |
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information provided under Subdivisions (1) and (2), which may be |
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developed in consultation with the comptroller's office; |
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(B) the intended outcomes of all projects funded |
|
under former Subchapter D; and |
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(C) the actual outcomes of all projects funded |
|
under former Subchapter D, including any financial impact on the |
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state resulting from a liquidity event involving a company whose |
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project was funded under that subchapter. |
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(b) The governor shall exclude from the report information |
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that is made confidential by law. |
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(c) This section expires September 1, 2030. |
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SECTION 1.11. Section 490.006, Government Code, is amended |
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to read as follows: |
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Sec. 490.006. VALUATION OF INVESTMENTS; [INCLUSION IN] |
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ANNUAL REPORT. (a) To the maximum extent practicable, the office |
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of the governor shall annually perform a valuation of the equity |
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positions taken by the governor, on behalf of the state, in |
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companies that received [receiving] awards under the fund and of |
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other investments made by the governor, on behalf of the state, in |
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connection with an award under the fund. The valuation must[:
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[(1)] be based on a methodology that: |
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(1) [(A)] may be developed in consultation with the |
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comptroller's office; and |
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(2) [(B)] is consistent with generally accepted |
|
accounting principles[; and
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[(2)
be included with the annual report required under
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Section 490.005]. |
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(b) Except as provided by Subsection (c), not later than |
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January 31, 2016, the governor shall submit to the lieutenant |
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governor, the speaker of the house of representatives, and the |
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standing committee of each house of the legislature with primary |
|
jurisdiction over economic development matters and post on the |
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office of the governor's Internet website a report of any valuation |
|
performed under this section during the preceding state fiscal |
|
year. |
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(c) A valuation performed for the state fiscal year ending |
|
August 31, 2015, must be included with the report required under |
|
Section 490.005. |
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(d) This section expires September 1, 2016. |
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SECTION 1.12. The heading to Subchapter B, Chapter 490, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. MISCELLANEOUS PROVISIONS [TEXAS EMERGING TECHNOLOGY
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ADVISORY COMMITTEE] |
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SECTION 1.13. Section 490.057, Government Code, is amended |
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to read as follows: |
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Sec. 490.057. CONFIDENTIALITY. (a) Except as provided by |
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Subsection (b), information collected by the governor's office, the |
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former Texas Emerging Technology Advisory Committee [committee], |
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or the committee's advisory panels concerning the identity, |
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background, finance, marketing plans, trade secrets, or other |
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commercially or academically sensitive information of an |
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individual or entity that was [being] considered for or [,
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receiving, or having] received an award from the fund is |
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confidential unless the individual or entity consents to disclosure |
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of the information. |
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(b) The following information collected by the governor's |
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office, the former Texas Emerging Technology Advisory Committee |
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[committee], or the committee's advisory panels under this chapter |
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is public information and may be disclosed under Chapter 552: |
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(1) the name and address of an individual or entity |
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that [receiving or having] received an award from the fund; |
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(2) the amount of funding received by an award |
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recipient; |
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(3) a brief description of the project [that is] |
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funded under this chapter; |
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(4) if applicable, a brief description of the equity |
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position that the governor, on behalf of the state, has taken in an |
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entity that [has] received an award from the fund; and |
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(5) any other information designated by the committee |
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with the consent of: |
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(A) the individual or entity that [receiving or
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having] received an award from the fund[, as applicable]; |
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(B) the governor; |
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(C) the lieutenant governor; and |
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(D) the speaker of the house of representatives. |
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SECTION 1.14. Section 50D.013(a), Agriculture Code, is |
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amended to read as follows: |
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(a) The policy council shall: |
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(1) provide a vision for unifying this state's |
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agricultural, energy, and research strengths in a successful launch |
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of a cellulosic biofuel and bioenergy industry; |
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(2) foster development of cellulosic-based and |
|
bio-based fuels and build on the former Texas emerging technology |
|
fund's investments in leading-edge energy research and efforts to |
|
commercialize the production of bioenergy; |
|
(3) pursue the creation of a next-generation biofuels |
|
energy research program at a university in this state; |
|
(4) work to procure federal and other funding to aid |
|
this state in becoming a bioenergy leader; |
|
(5) study the feasibility and economic development |
|
effect of a blending requirement for biodiesel or cellulosic fuels; |
|
(6) pursue the development and use of thermochemical |
|
process technologies to produce alternative chemical feedstocks; |
|
(7) study the feasibility and economic development of |
|
the requirements for pipeline-quality, renewable natural gas; and |
|
(8) perform other advisory duties as requested by the |
|
commissioner regarding the responsible development of bioenergy |
|
resources in this state. |
|
SECTION 1.15. Section 203.021(e), Labor Code, is amended to |
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read as follows: |
|
(e) Money in the compensation fund may not be transferred to |
|
the[:
|
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[(1)] Texas Enterprise Fund created under Section |
|
481.078, Government Code[; or
|
|
[(2)
Texas emerging technology fund established under
|
|
Section 490.101, Government Code]. |
|
SECTION 1.16. The following laws are repealed: |
|
(1) Sections 490.001(1), (3), and (5), Government |
|
Code; |
|
(2) Sections 490.002 and 490.003, Government Code; |
|
(3) Sections 490.051, 490.052, 490.0521, 490.053, |
|
490.054, 490.055, and 490.056, Government Code; and |
|
(4) Subchapters C, D, E, F, and G, Chapter 490, |
|
Government Code. |
|
SECTION 1.17. (a) On September 1, 2015, the Texas emerging |
|
technology fund is abolished. Any unencumbered balance of the fund |
|
may be appropriated only to any of the following: |
|
(1) the Texas Research Incentive Program (TRIP) under |
|
Subchapter F, Chapter 62, Education Code; |
|
(2) the Texas research university fund, subject to |
|
Subsection (b) of this section; |
|
(3) the governor's university research initiative fund |
|
established under Subchapter H, Chapter 62, Education Code, as |
|
added by this Act; and |
|
(4) the comptroller for the purposes of expenses |
|
incurred in managing the state's portfolio of equity positions and |
|
other investments in connection with awards from the former Texas |
|
emerging technology fund in accordance with Section 404.1031, |
|
Government Code, as added by this article. |
|
(b) The authority of the Texas research university fund to |
|
receive the appropriation described by Subsection (a) of this |
|
section is contingent on passage and enactment of H.B. 1000, or |
|
similar legislation relating to state support for general academic |
|
teaching institutions in this state by the 84th Legislature, |
|
Regular Session, 2015, that renames the existing Texas competitive |
|
knowledge fund and changes the purposes for which the fund can be |
|
used. |
|
(c) The abolishment by this article of the Texas emerging |
|
technology fund and the repeal of provisions of Chapter 490, |
|
Government Code, relating to that fund do not affect the validity of |
|
an agreement between the governor and an award recipient or a person |
|
to be awarded money that is entered into under Chapter 490 before |
|
September 1, 2015. |
|
(d) Money that was deposited in the Texas emerging |
|
technology fund as a gift, grant, or donation under Chapter 490, |
|
Government Code, and that is encumbered by the specific terms of the |
|
gift, grant, or donation may be spent only in accordance with the |
|
terms of the gift, grant, or donation. |
|
(e) Money from the Texas emerging technology fund that is |
|
encumbered because the money is awarded or otherwise obligated by |
|
agreement before September 1, 2015, but under the terms of the award |
|
or agreement will not be distributed until a later date shall be |
|
distributed in accordance with the terms of the award or agreement. |
|
If the governor determines that the money will not be distributed in |
|
accordance with the terms of the award or agreement, the governor |
|
shall certify that fact to the comptroller. On that certification, |
|
the comptroller shall make that money available in the general |
|
revenue fund to be used in accordance with legislative |
|
appropriation. |
|
(f) On or after the effective date of this Act, subject to |
|
any amounts used to recover costs under Section 404.1031(b), |
|
Government Code, as added by this article, the following payments |
|
or other amounts shall be sent to the comptroller for deposit to the |
|
general revenue fund to be used in accordance with legislative |
|
appropriation: |
|
(1) any royalties, revenues, and other financial |
|
benefits realized from a project undertaken with money from the |
|
Texas emerging technology fund, as provided by a contract described |
|
by former Section 490.103, Government Code; |
|
(2) any interest or proceeds received as a result of a |
|
transaction authorized by former Section 490.101(h), Government |
|
Code; |
|
(3) any money returned or repaid to the state by an |
|
award recipient pursuant to an agreement entered into under former |
|
Section 490.101, Government Code; |
|
(4) any money derived from an interest the state |
|
retained in a capital improvement pursuant to an agreement entered |
|
into under former Section 490.101, Government Code; and |
|
(5) any fund money returned by an entity that fails to |
|
perform an action guaranteed by a contract entered into under |
|
former Section 490.154 or 490.203, Government Code. |
|
SECTION 1.18. A regional center of innovation and |
|
commercialization established under Section 490.152, Government |
|
Code, is abolished on the effective date of this Act. Each center |
|
shall transfer to the office of the governor a copy of any meeting |
|
minutes required to be retained under Section 490.1521, Government |
|
Code, as that section existed immediately before that section's |
|
repeal by this article, and the office shall retain the minutes for |
|
the period prescribed by that section. |
|
SECTION 1.19. On September 1, 2015, the Texas Emerging |
|
Technology Advisory Committee established under Subchapter B, |
|
Chapter 490, Government Code, is abolished. |
|
SECTION 1.20. Except as provided by this Act, on September |
|
1, 2015, the following powers, duties, functions, and activities |
|
performed by the office of the governor immediately before that |
|
date are transferred to the Texas Treasury Safekeeping Trust |
|
Company: |
|
(1) all powers, duties, functions, and activities |
|
related to equity positions in the form of stock or other security |
|
the governor has taken, on behalf of the state, in companies that |
|
received awards under the Texas emerging technology fund before |
|
September 1, 2015; and |
|
(2) all powers, duties, functions, and activities |
|
related to other investments made by the governor, on behalf of the |
|
state, in connection with an award made under the Texas emerging |
|
technology fund before September 1, 2015. |
|
SECTION 1.21. If a conflict exists between this Act and |
|
another Act of the 84th Legislature, Regular Session, 2015, that |
|
relates to the Texas emerging technology fund, this Act controls |
|
without regard to the relative dates of enactment. |
|
ARTICLE 2. ECONOMIC INCENTIVE OVERSIGHT BOARD |
|
SECTION 2.01. Subtitle F, Title 4, Government Code, is |
|
amended by adding Chapter 490G to read as follows: |
|
CHAPTER 490G. ECONOMIC INCENTIVE OVERSIGHT BOARD |
|
Sec. 490G.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the Economic Incentive Oversight |
|
Board. |
|
(2) "Monetary incentive" means a grant, loan, or other |
|
form of monetary incentive paid from state revenues, including a |
|
state trust fund, that a business entity or other person may receive |
|
in exchange for or as a result of conducting an activity with an |
|
economic development purpose. |
|
(3) "Tax incentive" means any exemption, deduction, |
|
credit, exclusion, waiver, rebate, discount, deferral, or other |
|
abatement or reduction of state tax liability of a business entity |
|
or other person that the person may receive in exchange for or as a |
|
result of conducting an activity with an economic development |
|
purpose. |
|
Sec. 490G.002. ESTABLISHMENT AND COMPOSITION. (a) The |
|
Economic Incentive Oversight Board is an advisory body composed of |
|
eight members as follows: |
|
(1) two public members appointed by the speaker of the |
|
house of representatives, one of whom must be from a rural county; |
|
(2) two public members appointed by the lieutenant |
|
governor, one of whom must be from a rural county; |
|
(3) two public members appointed by the comptroller; |
|
and |
|
(4) two public members appointed by the governor. |
|
(b) In appointing members of the board, each appointing |
|
officer shall appoint one member who has expertise in the area of |
|
economic development. |
|
(c) A member of the board serves at the pleasure of the |
|
appointing officer. |
|
(d) The board members are entitled to reimbursement for |
|
actual and necessary expenses incurred by the members in serving on |
|
the board as provided by Chapter 660 and the General Appropriations |
|
Act. |
|
(e) The office of the governor shall provide administrative |
|
support and staff to the board. |
|
Sec. 490G.003. PRESIDING OFFICER. The governor shall |
|
appoint the presiding officer of the board. |
|
Sec. 490G.004. MEETINGS. The board shall meet at least |
|
quarterly at the call of the presiding officer. |
|
Sec. 490G.005. REVIEW OF CERTAIN STATE INCENTIVE PROGRAMS; |
|
PERFORMANCE MATRIX. (a) The board shall examine the effectiveness |
|
and efficiency of programs and funds administered by the office of |
|
the governor, the comptroller, or the Department of Agriculture |
|
that award to business entities and other persons state monetary or |
|
tax incentives for which the governor, comptroller, or department |
|
has discretion in determining whether or not to award the |
|
incentives. |
|
(b) The board shall develop a performance matrix that |
|
clearly establishes the economic performance indicators, measures, |
|
and metrics that will guide the board's evaluations of those |
|
programs and funds. |
|
(c) The performance matrix must be designed to evaluate, in |
|
relation to each business entity or other person that receives a |
|
state monetary or tax incentive under a program or from a fund |
|
described by Subsection (a), the benefits and costs to this state, |
|
local governments, and residents of this state that result directly |
|
from the economic development activity for which the person |
|
received the incentive and indirectly from activities ancillary to |
|
that economic development activity. |
|
Sec. 490G.006. SCHEDULE OF REVIEW; RECOMMENDATION TO |
|
LEGISLATIVE AUDIT COMMITTEE. (a) The board shall develop a |
|
schedule for the periodic review of each state incentive program or |
|
fund described by Section 490G.005 for the purposes of making |
|
recommendations on whether to continue the program or fund or |
|
whether to improve program or fund effectiveness and efficiency. |
|
The board shall review and make recommendations to the legislature |
|
regarding each program or fund according to the review schedule. |
|
(b) After conducting a review of a state incentive program |
|
or fund under this chapter, the board may recommend to the |
|
legislative audit committee that an audit of the program or fund be |
|
included in the audit plan under Section 321.013. |
|
Sec. 490G.007. ANNUAL REPORT. Not later than January 1 of |
|
each year, the board shall submit to the lieutenant governor, the |
|
speaker of the house of representatives, and each standing |
|
committee of the senate and house of representatives with primary |
|
jurisdiction over economic development a report containing |
|
findings and recommendations resulting from each review of state |
|
incentive programs and funds conducted by the board under this |
|
chapter during the preceding calendar year. |
|
Sec. 490G.008. CONFLICTS OF INTEREST. (a) A member of the |
|
board who has a substantial interest in a business entity or other |
|
person that previously applied for or received a state monetary or |
|
tax incentive from a program or fund subject to review by the board |
|
shall disclose that interest in writing to the board. |
|
(b) A board member who has a business, commercial, or other |
|
relationship, other than an interest described by Subsection (a), |
|
that could reasonably be expected to diminish the person's |
|
independence of judgment in the performance of the person's |
|
responsibilities in relation to the board shall disclose the |
|
relationship in writing to the board. |
|
(c) A member of the board may not make a political |
|
contribution to the governor, the comptroller, the lieutenant |
|
governor, or the speaker of the house of representatives or to a |
|
candidate for election or selection to any of those offices. |
|
Sec. 490G.009. CONFIDENTIALITY OF INFORMATION. The |
|
provision of information that is confidential by law to the board |
|
does not affect the confidentiality of the information. |
|
SECTION 2.02. (a) As soon as practicable after the effective |
|
date of this Act, the appointing officials shall appoint members to |
|
the Economic Incentive Oversight Board established under Chapter |
|
490G, Government Code, as added by this article. |
|
(b) Notwithstanding Section 490G.007, Government Code, as |
|
added by this article, the Economic Incentive Oversight Board shall |
|
submit the report required by that section beginning with the |
|
report due on January 1, 2017. |
|
ARTICLE 3. ONLINE INFORMATION AND APPLICATION SYSTEM FOR |
|
STATE INCENTIVES |
|
SECTION 3.01. Subtitle G, Title 10, Government Code, is |
|
amended by adding Chapter 2301 to read as follows: |
|
CHAPTER 2301. ELECTRONIC ECONOMIC DEVELOPMENT INCENTIVES |
|
INFORMATION AND APPLICATION SYSTEM |
|
Sec. 2301.001. DEFINITIONS. In this chapter: |
|
(1) "Department," "electronic government project," |
|
and "state electronic Internet portal" have the meanings assigned |
|
by Section 2054.003. |
|
(2) "Monetary incentive" means a grant, loan, or other |
|
form of monetary incentive paid from state revenues, including a |
|
state trust fund, that a business entity or other person may receive |
|
in exchange for or as a result of conducting an activity with an |
|
economic development purpose. |
|
(3) "State agency" means a department, commission, |
|
board, office, council, authority, or other state agency in the |
|
executive branch of state government. |
|
(4) "Tax incentive" means any exemption, deduction, |
|
credit, exclusion, waiver, rebate, discount, deferral, or other |
|
abatement or reduction of state tax liability of a business entity |
|
or other person that the person may receive in exchange for or as a |
|
result of conducting an activity with an economic development |
|
purpose. |
|
Sec. 2301.002. ESTABLISHMENT OF PROJECT. The department |
|
shall establish an electronic government project to develop an |
|
Internet website accessible through the state electronic Internet |
|
portal that: |
|
(1) provides a single location that a business entity |
|
considering relocating to or expanding in this state may use to |
|
receive information relating to state monetary and tax incentives |
|
for which the entity may be qualified; |
|
(2) includes an interactive tool that allows a |
|
business entity to determine whether the entity may be eligible for |
|
any state monetary or tax incentive in this state; |
|
(3) allows, when feasible, the business entity to fill |
|
out one application for all: |
|
(A) state monetary incentives for which the |
|
entity may be eligible; and |
|
(B) state tax incentives for which the entity may |
|
be eligible, other than a tax incentive for which the entity, or a |
|
transaction involving the entity, qualifies for by operation of |
|
law; and |
|
(4) allows, when feasible, for the application to be |
|
submitted to each state agency that offers the monetary or tax |
|
incentive described by Subdivision (3). |
|
Sec. 2301.003. ESTABLISHING AND OPERATING PROJECT; |
|
COORDINATION. In establishing and operating the electronic |
|
government project under this chapter, the department, in |
|
coordination with the Texas Economic Development and Tourism Office |
|
and the comptroller, shall direct, coordinate, and assist state |
|
agencies in establishing and using: |
|
(1) a common electronic application and reporting |
|
system, including: |
|
(A) a standard format for announcing monetary and |
|
tax incentive opportunities; |
|
(B) standard data elements for use in creating |
|
monetary and tax incentive opportunity announcement summaries, |
|
including existing monetary and tax incentives and search |
|
functions; and |
|
(C) a common application form for a person to use |
|
in applying for the following from multiple state agencies: |
|
(i) all state monetary incentives for which |
|
the entity may be eligible; and |
|
(ii) all state tax incentives for which the |
|
entity may be eligible, other than a tax incentive for which the |
|
entity, or a transaction involving the entity, qualifies for by |
|
operation of law; and |
|
(2) a process for: |
|
(A) improving interagency coordination of |
|
information collection and sharing of data relating to monetary and |
|
tax incentives; and |
|
(B) improving the timeliness, completeness, and |
|
quality of applications received by a state agency for monetary and |
|
tax incentives described by Subdivision (1). |
|
ARTICLE 4. PROGRAMS ADMINISTERED BY TEXAS ECONOMIC DEVELOPMENT |
|
BANK |
|
SECTION 4.01. The following laws are repealed: |
|
(1) Subchapter N, Chapter 481, Government Code; and |
|
(2) Chapter 503, Local Government Code. |
|
SECTION 4.02. Section 447.013(i), Government Code, is |
|
amended to read as follows: |
|
(i) A recipient of a grant or loan under this section is |
|
encouraged to purchase goods and services from small businesses and |
|
historically underutilized businesses, as those terms are defined |
|
by former Section 481.191, as that section existed on January 1, |
|
2015 [Government Code]. |
|
SECTION 4.03. Section 489.108, Government Code, is amended |
|
to read as follows: |
|
Sec. 489.108. PROGRAMS, SERVICES, AND FUNDS UNDER BANK'S |
|
DIRECTION. Notwithstanding any other law, the bank shall perform |
|
the duties and functions of the office with respect to the following |
|
programs, services, and funds: |
|
(1) [the Texas Small Business Industrial Development
|
|
Corporation established under Chapter 503, Local Government Code;
|
|
[(2)] the capital access program established under |
|
Section 481.405; |
|
(2) [(3)] the Texas leverage fund; |
|
(3) [(4)
the linked deposit program established under
|
|
Section 481.193;
|
|
[(5)] the enterprise zone program established under |
|
Chapter 2303; |
|
(4) [(6)] the industrial revenue bond program; |
|
(5) [(7)] the defense economic readjustment zone |
|
program established under Chapter 2310; |
|
(6) [(8)] the Empowerment Zone and Enterprise |
|
Community grant program established under Section 481.025; and |
|
(7) [(9)] the renewal community program. |
|
SECTION 4.04. Section 39.909(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) In this section, "small business" and "historically |
|
underutilized business" have the meanings assigned by former |
|
Section 481.191, Government Code, as that section existed on |
|
January 1, 2015. |
|
SECTION 4.05. Section 52.256(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) In this section, "small business" and "historically |
|
underutilized business" have the meanings assigned by former |
|
Section 481.191, Government Code, as that section existed on |
|
January 1, 2015. |
|
SECTION 4.06. (a) The Texas Economic Development Bank shall |
|
reject any application for a linked deposit loan submitted to the |
|
bank before the effective date of this Act for which a linked |
|
deposit has not been made in accordance with Subchapter N, Chapter |
|
481, Government Code, as that subchapter existed immediately before |
|
being repealed by this article. |
|
(b) Notwithstanding the repeal by this article of |
|
Subchapter N, Chapter 481, Government Code, Subchapter N is |
|
continued in effect for the limited purpose of allowing the Texas |
|
Economic Development Bank to administer linked deposits made before |
|
the effective date of this Act and to pursue the bank's remedies |
|
under that subchapter if: |
|
(1) a recipient of a loan to which a deposit is linked |
|
defaults on the loan; or |
|
(2) a lending institution that makes a loan for which a |
|
linked deposit is made fails to comply with that subchapter. |
|
SECTION 4.07. As soon as practicable after the effective |
|
date of this Act, the Texas Economic Development Bank shall send to |
|
the comptroller for deposit in the general revenue fund any revenue |
|
or other money of the Texas Small Business Industrial Development |
|
Corporation held in financial institutions as provided by Section |
|
503.055, Local Government Code, as that section existed immediately |
|
before that section's repeal by this article. |
|
ARTICLE 5. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE |
|
SECTION 5.01. Chapter 62, Education Code, is amended by |
|
adding Subchapter H to read as follows: |
|
SUBCHAPTER H. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE |
|
Sec. 62.161. DEFINITIONS. In this subchapter: |
|
(1) "Advisory board" means the governor's university |
|
research initiative advisory board. |
|
(2) "Distinguished researcher" means a researcher who |
|
is: |
|
(A) a Nobel laureate or the recipient of an |
|
equivalent honor; or |
|
(B) a member of a national honorific society, |
|
such as the National Academy of Sciences, the National Academy of |
|
Engineering, or the Institute of Medicine, or an equivalent |
|
honorific organization. |
|
(3) "Eligible institution" means a general academic |
|
teaching institution or health-related institution. |
|
(4) "Fund" means the governor's university research |
|
initiative fund established under this subchapter. |
|
(5) "General academic teaching institution" has the |
|
meaning assigned by Section 61.003. |
|
(6) "Governing board" has the meaning assigned by |
|
Section 61.003. |
|
(7) "Health-related institution" means a medical and |
|
dental unit as defined by Section 61.003 and any other public health |
|
science center, public medical school, or public dental school |
|
established by statute or in accordance with Chapter 61. |
|
(8) "Office" means the Texas Economic Development and |
|
Tourism Office within the office of the governor. |
|
(9) "Private or independent institution of higher |
|
education" has the meaning assigned by Section 61.003. |
|
Sec. 62.162. ADMINISTRATION OF INITIATIVE. (a) The |
|
governor's university research initiative is administered by the |
|
Texas Economic Development and Tourism Office within the office of |
|
the governor. |
|
(b) From the governor's university research initiative |
|
fund, the office shall award matching grants to assist eligible |
|
institutions in recruiting distinguished researchers. |
|
(c) The office may adopt any rules the office considers |
|
necessary to administer this subchapter. |
|
Sec. 62.163. MATCHING GRANTS. (a) An eligible institution |
|
may apply to the office for a matching grant from the fund. Before |
|
approval or disapproval of a grant application, the office shall |
|
consider the recommendation of the advisory board regarding the |
|
grant proposal. If the office approves a grant application, the |
|
office shall award to the applicant institution a grant amount |
|
equal to the amount committed by the institution for the |
|
recruitment of a distinguished researcher, except as provided by |
|
Subsection (c)(2). |
|
(b) A grant application must identify the source and amount |
|
of the eligible institution's matching funds and must demonstrate |
|
that the proposed use of the grant has the support of the |
|
institution's president and of the institution's governing board, |
|
the chair of the institution's governing board, or the chancellor |
|
of the university system, if the institution is a component of a |
|
university system. An applicant eligible institution may commit |
|
for matching purposes any funds of the institution available for |
|
that purpose other than appropriated general revenue. |
|
(c) The office may set a deadline for grant applications for |
|
each state fiscal year. After fully funding approved grant |
|
applications received during an application period for a state |
|
fiscal year, the office may reopen applications for that year and: |
|
(1) award the full amount of matching funds from the |
|
fund for new applications; or |
|
(2) approve previously disapproved applications |
|
submitted before the original application deadline for receipt of a |
|
reduced grant amount. |
|
(d) A matching grant received by an eligible institution |
|
under this subchapter may not be considered as a basis to reduce, |
|
directly or indirectly, the amount of money otherwise appropriated |
|
to the institution. |
|
(e) A matching grant may not be used by an eligible |
|
institution to recruit a distinguished researcher or other employee |
|
from: |
|
(1) another eligible institution; or |
|
(2) a private or independent institution of higher |
|
education. |
|
(f) The office shall require an application and all |
|
supporting documentation to be submitted to the office |
|
electronically in the manner prescribed by the office. |
|
Sec. 62.164. GRANT AWARD CRITERIA; PRIORITIES. (a) In |
|
awarding grants, the office shall give priority to grant proposals |
|
that involve the recruitment of distinguished researchers in the |
|
fields of science, technology, engineering, and mathematics. With |
|
respect to proposals involving those fields, the office shall give |
|
priority to proposals that: |
|
(1) demonstrate a reasonable probability of enhancing |
|
Texas' national and global economic competitiveness; |
|
(2) demonstrate a reasonable probability of creating a |
|
nationally or internationally recognized locus of research |
|
superiority or a unique locus of research; |
|
(3) are matched with a significant amount of funding |
|
from a federal or private source that may be transferred to the |
|
eligible institution; |
|
(4) are interdisciplinary and collaborative; or |
|
(5) include a strategic plan for intellectual property |
|
development and commercialization of technology. |
|
(b) The office may award a grant to a proposal that: |
|
(1) supports the recruitment of a distinguished |
|
researcher distinguished in, or to be engaged in, basic, |
|
translational, or applied research; or |
|
(2) proposes the recruitment of a distinguished |
|
researcher for new research capabilities of the eligible |
|
institution or to expand the institution's existing research |
|
capabilities. |
|
(c) A grant proposal should identify a specific |
|
distinguished researcher being recruited. In addition to the |
|
factors considered in evaluating proposals considered a priority |
|
under Subsection (a), the office may consider: |
|
(1) the likelihood that the researcher being recruited |
|
will not accept a research position with the applicant eligible |
|
institution without the institution's receipt of a matching grant |
|
under this subchapter; |
|
(2) the extent to which the subject matter of the |
|
researcher's research offers the opportunity for interdisciplinary |
|
and collaborative research at the applicant eligible institution |
|
and with other eligible institutions; and |
|
(3) any commercialization track record of the |
|
researcher being recruited. |
|
Sec. 62.165. CONFIDENTIALITY. Information collected or |
|
obtained by the office or the advisory board concerning the |
|
identity of a particular distinguished researcher who is the |
|
subject of a grant proposal under this subchapter is confidential |
|
unless the researcher and the applicant eligible institution |
|
consent to disclosure of the information. The information remains |
|
confidential until the date, if any, on which the researcher enters |
|
into an employment relationship with the recruiting institution as |
|
contemplated in the grant proposal. |
|
Sec. 62.166. ADVISORY BOARD. (a) The governor's university |
|
research initiative advisory board is established to assist the |
|
office with the review and evaluation of applications for funding |
|
of grant proposals under this subchapter. The advisory board shall |
|
make recommendations to the office for approval or disapproval of |
|
those applications. |
|
(b) The advisory board must be composed of at least nine |
|
members appointed by the governor. Of the members of the board: |
|
(1) one-third of the members, as nearly as possible, |
|
must have a background in finance; |
|
(2) one-third of the members, as nearly as possible, |
|
must have an academic background in science, technology, |
|
engineering, or mathematics; and |
|
(3) one-third of the members, as nearly as possible, |
|
must be public members. |
|
(c) Chapter 2110, Government Code, does not apply to the |
|
size, composition, or duration of the advisory board. |
|
(d) A member of the advisory board who is or has been |
|
employed by, is or has been a party to a contract for any purpose |
|
with, or is a student or former student of an applicant eligible |
|
institution may not be involved in the review, evaluation, or |
|
recommendation of a grant proposal made by that institution. |
|
(e) An advisory board member is not required to be a |
|
resident of this state. |
|
(f) Appointments to the advisory board shall be made without |
|
regard to the race, color, disability, sex, religion, age, or |
|
national origin of the appointees. |
|
(g) Members of the advisory board serve without |
|
compensation but are entitled to reimbursement for actual and |
|
necessary expenses in attending meetings of the board or performing |
|
other official duties authorized by the office. |
|
Sec. 62.167. TIMELY ACTION ON APPLICATIONS. (a) The |
|
advisory board shall meet in person or by teleconference to |
|
consider grant applications under this subchapter and shall strive |
|
to present to the office the board's recommendation for approval or |
|
disapproval of an application not later than the 14th day after the |
|
date the board receives the application. |
|
(b) The office shall make a final decision regarding |
|
approval of a grant application not later than the 14th day after |
|
the date the office receives the advisory board's recommendation. |
|
Sec. 62.168. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE |
|
FUND. (a) The governor's university research initiative fund is a |
|
dedicated account in the general revenue fund. |
|
(b) The fund consists of: |
|
(1) amounts appropriated or otherwise allocated or |
|
transferred by law to the fund; and |
|
(2) gifts, grants, and other donations received for |
|
the fund. |
|
(c) Sections 403.095 and 404.071, Government Code, do not |
|
apply to the fund. |
|
(d) The fund may be used by the office only for the purposes |
|
of this subchapter, including for necessary expenses incurred in |
|
the administration of the fund and this subchapter. |
|
ARTICLE 6. RENAMING OF MAJOR EVENTS TRUST FUND |
|
SECTION 6.01. The heading to Section 5A, Chapter 1507 (S.B. |
|
456), Acts of the 76th Legislature, Regular Session, 1999 (Article |
|
5190.14, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
Sec. 5A. PAYMENT OF STATE AND MUNICIPAL OR COUNTY |
|
OBLIGATIONS UNDER[;] MAJOR EVENTS REIMBURSEMENT PROGRAM [TRUST
|
|
FUND]. |
|
SECTION 6.02. Sections 5A(a-1), (d), (d-1), (e), (f), (g), |
|
(h), (j), (k), (l), (m), (w), and (y), Chapter 1507 (S.B. 456), Acts |
|
of the 76th Legislature, Regular Session, 1999 (Article 5190.14, |
|
Vernon's Texas Civil Statutes), are amended to read as follows: |
|
(a-1) An event not listed in Subsection (a)(4) of this |
|
section is ineligible for funding under this section. A listed |
|
event may receive funding through the Major Events Reimbursement |
|
Program under this section only if: |
|
(1) a site selection organization selects a site |
|
located in this state for the event to be held one time or, for an |
|
event scheduled to be held each year for a period of years under an |
|
event contract, or an event support contract, one time each year for |
|
the period of years, after considering, through a highly |
|
competitive selection process, one or more sites that are not |
|
located in this state; |
|
(2) a site selection organization selects a site in |
|
this state as: |
|
(A) the sole site for the event; or |
|
(B) the sole site for the event in a region |
|
composed of this state and one or more adjoining states; |
|
(3) the event is held not more than one time in any |
|
year; and |
|
(4) the amount of the incremental increase in tax |
|
receipts determined by the comptroller under Subsection (b) of this |
|
section equals or exceeds $1 million, provided that for an event |
|
scheduled to be held each year for a period of years under an event |
|
contract or event support contract, the incremental increase in tax |
|
receipts shall be calculated as if the event did not occur in the |
|
prior year. |
|
(d) Each endorsing municipality or endorsing county |
|
participating in the Major Events Reimbursement Program shall remit |
|
to the comptroller and the comptroller shall deposit into a trust |
|
fund created by the comptroller and designated as the Major Events |
|
reimbursement program [trust] fund the amount of the municipality's |
|
or county's hotel occupancy tax revenue determined under Subsection |
|
(b)(4) or (b)(5) of this section, less any amount of the revenue |
|
that the municipality or county determines is necessary to meet the |
|
obligations of the municipality or county. The comptroller shall |
|
retain the amount of sales and use tax revenue and mixed beverage |
|
tax revenue determined under Subsection (b)(2) or (b)(3) of this |
|
section from the amounts otherwise required to be sent to the |
|
municipality under Sections 321.502 and 183.051(b), Tax Code, or to |
|
the county under Sections 323.502 and 183.051(b), Tax Code, and |
|
deposit into the [trust] fund the tax revenues, less any amount of |
|
the revenue that the municipality or county determines is necessary |
|
to meet the obligations of the municipality or county. The |
|
comptroller shall begin retaining and depositing the local tax |
|
revenues with the first distribution of that tax revenue that |
|
occurs after the first day of the one-year period described by |
|
Subsection (b) of this section or at a time otherwise determined to |
|
be practicable by the comptroller and shall discontinue retaining |
|
the local tax revenues under this subsection when the amount of the |
|
applicable tax revenue determined under Subsection (b)(2) or (b)(3) |
|
of this section has been retained. The Major Events reimbursement |
|
program [trust] fund is established outside the state treasury and |
|
is held in trust by the comptroller for administration of this |
|
Act. Money in the [trust] fund may be disbursed by the comptroller |
|
without appropriation only as provided by this section. |
|
(d-1) Not later than the 90th day after the last day of an |
|
event eligible for funding under the Major Events Reimbursement |
|
Program and in lieu of the local tax revenues remitted to or |
|
retained by the comptroller under Subsection (d) of this section, a |
|
municipality or county may remit to the comptroller for deposit in |
|
the Major Events reimbursement program [trust] fund other local |
|
funds in an amount equal to the total amount of local tax revenue |
|
determined under Subsections (b)(2) through (5) of this |
|
section. The amount deposited by the comptroller into the Major |
|
Events reimbursement program [trust] fund under this subsection is |
|
subject to Subsection (f) of this section. |
|
(e) In addition to the tax revenue deposited in the Major |
|
Events reimbursement program [trust] fund under Subsection (d) of |
|
this section, an endorsing municipality or endorsing county may |
|
guarantee its obligations under an event support contract and this |
|
section by pledging surcharges from user fees, including parking or |
|
ticket fees, charged in connection with the event. An endorsing |
|
municipality or endorsing county may collect and remit to the |
|
comptroller surcharges and user fees attributable to the event for |
|
deposit into the Major Events reimbursement program [trust] fund. |
|
(f) The comptroller shall deposit into the Major Events |
|
reimbursement program [trust] fund a portion of the state tax |
|
revenue not to exceed the amount determined under Subsection (b)(1) |
|
of this section in an amount equal to 6.25 times the amount of the |
|
local revenue retained or remitted under this section, including: |
|
(1) local sales and use tax revenue; |
|
(2) mixed beverage tax revenue; |
|
(3) hotel occupancy tax revenue; and |
|
(4) surcharge and user fee revenue. |
|
(g) To meet its obligations under a game support contract or |
|
event support contract to improve, construct, renovate, or acquire |
|
facilities or to acquire equipment, an endorsing municipality by |
|
ordinance or an endorsing county by order may authorize the |
|
issuance of notes. An endorsing municipality or endorsing county |
|
may provide that the notes be paid from and secured by amounts on |
|
deposit or amounts to be deposited into the Major Events |
|
reimbursement program [trust] fund or surcharges from user fees, |
|
including parking or ticket fees, charged in connection with the |
|
event. Any note issued must mature not later than seven years from |
|
its date of issuance. |
|
(h) The funds in the Major Events reimbursement program |
|
[trust] fund may be used to pay the principal of and interest on |
|
notes issued by an endorsing municipality or endorsing county under |
|
Subsection (g) of this section and to fulfill obligations of the |
|
state or an endorsing municipality or endorsing county to a site |
|
selection organization under a game support contract or event |
|
support contract. Subject to Subsection (k) of this section, the |
|
obligations may include the payment of costs relating to the |
|
preparations necessary or desirable for the conduct of the event |
|
and the payment of costs of conducting the event, including |
|
improvements or renovations to existing facilities or other |
|
facilities and costs of acquisition or construction of new |
|
facilities or other facilities. |
|
(j) Not later than the 30th day after the date a request of a |
|
local organizing committee, endorsing municipality, or endorsing |
|
county is submitted to the comptroller under Subsection (b-1) of |
|
this section, the comptroller shall provide an estimate of the |
|
total amount of tax revenue that would be deposited in the Major |
|
Events reimbursement program [trust] fund under this section in |
|
connection with that event, if the event were to be held in this |
|
state at a site selected pursuant to an application by a local |
|
organizing committee, endorsing municipality, or endorsing county. |
|
A local organizing committee, endorsing municipality, or endorsing |
|
county may submit the comptroller's estimate to a site selection |
|
organization. |
|
(k) The comptroller may make a disbursement from the Major |
|
Events reimbursement program [trust] fund on the prior approval of |
|
each contributing endorsing municipality or endorsing county for a |
|
purpose for which a local organizing committee, an endorsing |
|
municipality, or an endorsing county or the state is obligated |
|
under a game support contract or event support contract. If an |
|
obligation is incurred under a games support contract or event |
|
support contract to make a structural improvement to the site or to |
|
add a fixture to the site for purposes of an event and that |
|
improvement or fixture is expected to derive most of its value in |
|
subsequent uses of the site for future events, a disbursement from |
|
the [trust] fund made for purposes of that obligation is limited to |
|
five percent of the cost of the improvement or fixture and the |
|
remainder of the obligation is not eligible for a disbursement from |
|
the [trust] fund, unless the improvement or fixture is for a |
|
publicly owned facility. In considering whether to make a |
|
disbursement from the [trust] fund, the comptroller may not |
|
consider a contingency clause in an event support contract as |
|
relieving a local organizing committee's, endorsing |
|
municipality's, or endorsing county's obligation to pay a cost |
|
under the contract. A disbursement may not be made from the |
|
[trust] fund that the comptroller determines would be used for the |
|
purpose of soliciting the relocation of a professional sports |
|
franchise located in this state. |
|
(l) If a disbursement is made from the Major Events |
|
reimbursement program [trust] fund under Subsection (k), the |
|
obligation shall be satisfied proportionately from the state and |
|
local revenue in the [trust] fund. |
|
(m) On payment of all state, municipal, or county |
|
obligations under a game support contract or event support contract |
|
related to the location of any particular event in the state, the |
|
comptroller shall remit to each endorsing entity, in proportion to |
|
the amount contributed by the entity, any money remaining in the |
|
[trust] fund. |
|
(w) Not later than 10 months after the last day of an event |
|
eligible for disbursements from the Major Events reimbursement |
|
program [trust] fund for costs associated with the event, the |
|
comptroller using existing resources shall complete a study in the |
|
market area of the event on the measurable economic impact directly |
|
attributable to the preparation for and presentation of the event |
|
and related activities. The comptroller shall post on the |
|
comptroller's Internet website: |
|
(1) the results of the study conducted under this |
|
subsection, including any source documentation or other |
|
information relied on by the comptroller for the study; |
|
(2) the amount of incremental increase in tax receipts |
|
for the event determined under Subsection (b) of this section; |
|
(3) the site selection organization documentation |
|
described in Subsection (p)(3) of this section; |
|
(4) any source documentation or information described |
|
under Subsection (i) of this section that was relied on by the |
|
comptroller in making the determination of the amount of |
|
incremental increase in tax receipts under Subsection (b) of this |
|
section; and |
|
(5) documentation verifying that: |
|
(A) a request submitted by a local organizing |
|
committee, endorsing municipality, or endorsing county under |
|
Subsection (p) of this section is complete and certified as such by |
|
the comptroller; |
|
(B) the determination on the amount of |
|
incremental increases in tax receipts under Subsection (b) of this |
|
section considered the information submitted by a local organizing |
|
committee, endorsing municipality, or endorsing county as required |
|
under Subsection (b-1) of this section; and |
|
(C) each deadline established under this section |
|
was timely met. |
|
(y) After the conclusion of an event, the comptroller shall |
|
compare information on the actual attendance figures provided to |
|
the comptroller under Subsection (i) of this section with the |
|
estimated attendance numbers used to determine the incremental |
|
increase in tax receipts under Subsection (b) of this section. If |
|
the actual attendance figures are significantly lower than the |
|
estimated attendance numbers, the comptroller may reduce the amount |
|
of a disbursement for an endorsing entity under the Major Events |
|
reimbursement program [trust] fund in proportion to the discrepancy |
|
between the actual and estimated attendance and in proportion to |
|
the amount contributed to the fund by the entity. The comptroller |
|
by rule shall define "significantly lower" for purposes of this |
|
subsection and provide the manner in which a disbursement may be |
|
proportionately reduced. This subsection does not affect the |
|
remittance of any money remaining in the fund in accordance with |
|
Subsection (m) of this section. |
|
ARTICLE 7. EFFECTIVE DATE |
|
SECTION 7.01. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2015. |