88R20091 MLH-D
 
  By: Button, Capriglione, González of El Paso, H.B. No. 2466
      Ashby, A. Johnson of Harris, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Texas technology and innovation
  program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 489, Government Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G.  TEXAS TECHNOLOGY AND INNOVATION PROGRAM
         Sec. 489.351.  DEFINITIONS. In this subchapter:
               (1)  "Federal funding program" means the small business
  innovation research and small business technology transfer
  programs established by 15 U.S.C. Section 638.
               (2)  "Program" means the Texas technology and
  innovation program established under this subchapter.
         Sec. 489.352.  ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
  The office shall establish and administer the Texas technology and
  innovation program to foster job creation and economic development
  in this state by matching or supplementing money received by a
  business entity through the federal funding program.
         Sec. 489.353.  ELIGIBILITY. To be eligible to receive money
  under the program, a business entity must:
               (1)  meet at least one of the following conditions:
                     (A)  be organized under the laws of this state;
                     (B)  maintain a domestic headquarters in this
  state;
                     (C)  maintain at least one manufacturing facility
  in this state; or
                     (D)  have more than half of the entity's employees
  residing in this state;
               (2)  meet all requirements to receive money under the
  federal funding program;
               (3)  not receive concurrent funding from another state
  program or fund that serves the same purpose as the program; and
               (4)  meet any additional requirements under this
  subchapter for the applicable phase under which the business entity
  applies to receive money.
         Sec. 489.354.  APPLICATION. (a) A business entity may apply
  to receive money under the program by submitting an application
  under oath to the office on a form prescribed by the office. The
  application must include:
               (1)  the business entity's name;
               (2)  the business entity's business organization
  structure;
               (3)  the business entity's address and any principals
  listed at a different address;
               (4)  certification of the information required under
  Section 489.353; and
               (5)  any other information required by the office.
         (b)  In addition to the requirements of Subsection (a), a
  business entity must provide to the office, as applicable:
               (1)  for "phase zero" or a similar stage of the federal
  funding program process, a notification of receipt for an
  application for funding under the federal funding program;
               (2)  for "phase one" or a similar stage of the federal
  funding program process:
                     (A)  a notice of award to the entity from a funding
  agency under the federal funding program;
                     (B)  a final report for the applicable stage as
  required by the federal funding program; and
                     (C)  a proposal for money under the next stage of
  the federal funding program; and
               (3)  for "phase two" or a similar stage of the federal
  funding program process:
                     (A)  a notice of award to the entity from a funding
  agency under the federal funding program; and
                     (B)  a final report for the applicable stage as
  required by the federal funding program.
         Sec. 489.355.  AWARD OF GRANT; LIMITATIONS. (a) The office
  may award a "phase zero" grant under this subchapter immediately on
  fulfillment of the requirements under Section 489.354(b)(1).
         (b)  The office may award a "phase one" grant under this
  subchapter immediately on fulfillment of the requirements under
  Section 489.354(b)(2).
         (c)  The office may award a "phase two" grant under this
  subchapter immediately on fulfillment of the requirements under
  Section 489.354(b)(3).
         (d)  A business entity may assign a grant received under this
  subchapter only with the prior written consent of the office.
         (e)  A business entity may not receive more than:
               (1)  one grant in each state fiscal year; and
               (2)  five grants in each phase under this section.
         Sec. 489.356.  FUNDING.  (a)  The office shall award grants
  as provided by this subchapter from available money and any
  additional money appropriated for purposes of this subchapter.
         (b)  The office may solicit and receive gifts, grants, and
  donations from any source to provide additional funding for grants
  awarded under this subchapter.
         Sec. 489.357.  TEXAS TECHNOLOGY AND INNOVATION TRUST FUND.
  (a) In this section, "fund" means the Texas technology and
  innovation trust fund established under this section.
         (b)  The Texas technology and innovation trust fund is
  created as a trust fund outside the treasury and shall be
  administered by the office.
         (c)  The fund consists of:
               (1)  gifts, grants, and donations to the office
  received under this subchapter; and
               (2)  money from any other source designated by the
  legislature.
         (d)  Money in the fund may not be spent unless the office
  certifies to the comptroller that a business entity qualifies for a
  grant awarded under this subchapter.
         (e)  Money in the fund may be used only for a grant awarded
  under Section 489.355(b) or (c).
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Texas Economic Development and Tourism Office
  shall adopt the rules necessary to implement Subchapter G, Chapter
  489, Government Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.