88R11091 JES-F
 
  By: Bonnen H.B. No. 3447
 
  Substitute the following for H.B. No. 3447:
 
  By:  Guillen C.S.H.B. No. 3447
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment and administration of the Texas
  Aerospace Research and Space Economy Consortium and the Texas Space
  Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 61, Education Code, is amended by adding
  Subchapter V-1 to read as follows:
  SUBCHAPTER V-1. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY
  CONSORTIUM
         Sec. 61.921.  DEFINITIONS. In this subchapter:
               (1)  "Consortium" means the Texas Aerospace Research
  and Space Economy Consortium.
               (2)  "Executive committee" means the executive
  committee of the consortium.
         Sec. 61.922.  ESTABLISHMENT; PURPOSE.  The Texas Aerospace
  Research and Space Economy Consortium is established to:
               (1)  identify research opportunities for entities
  within this state that:
                     (A)  strengthen this state's proven leadership in
  civil, commercial, and military aerospace activity;
                     (B)  enhance this state's position in aeronautics
  research and development, astronautics, space commercialization,
  and space flight infrastructure; and
                     (C)  enhance the integration of the space,
  aeronautics, astronautics, and aviation industries into this
  state's economy; and
               (2)  provide funding and research recommendations to
  the Texas Space Commission established under Section 481.552,
  Government Code.
         Sec. 61.923.  CONSORTIUM COMPOSITION. The consortium is
  composed of:
               (1)  each institution of higher education; and
               (2)  any other entity that the executive committee
  considers necessary.
         Sec. 61.924.  ADMINISTRATIVE ATTACHMENT. (a) The
  consortium is administratively attached to the board for the
  purpose of receiving and administering appropriations and other
  funds under this subchapter. The board is not responsible for
  providing to the consortium staff, human resources, contract
  monitoring, purchasing, or any other administrative support
  services.
         (b)  The board may not use funds intended to carry out the
  purposes of this subchapter for any costs incurred by the board
  under this subchapter.
         Sec. 61.925.  EXECUTIVE COMMITTEE COMPOSITION. (a) The
  consortium is governed by an independent executive committee
  composed of the following nine members:
               (1)  two members appointed by the governor;
               (2)  two members appointed by the lieutenant governor;
               (3)  two members appointed by the speaker of the house
  of representatives;
               (4)  the chancellor of The Texas A&M University System
  or the chancellor's designee;
               (5)  the chancellor of The University of Texas System
  or the chancellor's designee; and
               (6)  the president of Rice University or the
  president's designee.
         (b)  In making appointments under Subsection (a), the
  governor, the lieutenant governor, and the speaker of the house of
  representatives, respectively, shall:
               (1)  prioritize appointing individuals with experience
  in:
                     (A)  aeronautics;
                     (B)  space economic development; and
                     (C)  academic engagement with the space economy;
  and
               (2)  ensure that the appointments reflect, to the
  extent possible, the ethnic and geographic diversity of this state.
         (c)  A vacancy on the executive committee is filled in the
  same manner as the initial appointment.
         (d)  The executive committee shall:
               (1)  elect a presiding officer from among the members
  of the committee; and
               (2)  meet at the call of the presiding officer.
         Sec. 61.926.  GIFTS, GRANTS, AND DONATIONS. The executive
  committee may solicit and accept on behalf of the consortium gifts,
  grants, or donations from any public or private source for the
  purpose of carrying out this subchapter.
         Sec. 61.927.  GENERAL DUTIES. (a) The executive committee
  shall:
               (1)  develop and execute a comprehensive statewide
  strategic plan to further the purposes of the consortium;
               (2)  gather and coordinate recommendations from
  consortium members on funding and research opportunities in
  accordance with the purposes of the consortium; and
               (3)  establish procedures and policies for the
  administration of the consortium, including:
                     (A)  procedures for documenting compliance by
  members of the committee and consortium and consortium staff with
  applicable laws governing conflicts of interest;
                     (B)  designation of a member of the committee as
  the committee's liaison to the Texas Space Commission established
  under Section 481.552, Government Code; and
                     (C)  procedures for entering into contracts with
  The Texas A&M University System as necessary for that system to
  provide administrative and staff support to the consortium.
         (b)  A member of the consortium under Section 61.923 may
  participate in consortium fact-finding, strategic planning, and
  the formation of recommendations for purposes of Subsections (a)(1)
  and (a)(2). Before assisting the executive committee as provided
  by this subsection, a member of the consortium must designate a
  liaison to the executive committee to represent that member.
         Sec. 61.928.  BIENNIAL REPORT. Not later than December 31 of
  each even-numbered year, the executive committee shall submit to
  the Texas Space Commission established under Section 481.552,
  Government Code, a written report that includes for that biennium:
               (1)  the activities and objectives of the consortium;
               (2)  a synopsis of the funding and research
  opportunities identified by the consortium under Section
  61.927(a);
               (3)  legislative recommendations, if any;
               (4)  prospective grants or funding the consortium
  members expect to receive, if any; and
               (5)  research accomplishments associated with the
  consortium, if any.
         SECTION 2.  Chapter 481, Government Code, is amended by
  adding Subchapter FF to read as follows:
  SUBCHAPTER FF. TEXAS SPACE COMMISSION
         Sec. 481.551.  DEFINITIONS. In this subchapter:
               (1)  "Board" means the board of directors of the
  commission.
               (2)  "Commission" means the Texas Space Commission.
               (3)  "Fund" means the Space Exploration and Aeronautics
  Research Fund.
               (4)  "Institution of higher education" has the meaning
  assigned by Section 61.003, Education Code.
         Sec. 481.552.  ESTABLISHMENT; PURPOSE. (a) The Texas Space
  Commission is established to strengthen this state's proven
  leadership in civil, commercial, and military aerospace activity.
         (b)  The purpose of the commission is to promote innovation
  in the fields of space exploration and commercial aerospace
  opportunities, including the integration of space, aeronautics,
  and aviation industries into the economy of this state.
         Sec. 481.553.  BOARD OF DIRECTORS; EXECUTIVE DIRECTOR. (a)
  The commission is governed by a nine-member board of directors. The
  board is composed of:
               (1)  three members appointed by the governor;
               (2)  three members appointed by the lieutenant
  governor; and
               (3)  three members appointed by the governor from a
  list of names submitted by the speaker of the house of
  representatives.
         (b)  In making appointments or selecting persons for
  inclusion on the list submitted to the governor under Subsection
  (a), the governor, lieutenant governor, and speaker of the house of
  representatives shall prioritize appointing or selecting, as
  applicable, individuals with experience in:
               (1)  commercial aerospace;
               (2)  civil aviation;
               (3)  military aerospace;
               (4)  space economic development;
               (5)  space-related academic research; and
               (6)  nonprofit support of the space economy.
         (c)  Members of the board serve two-year terms and may be
  reappointed for additional terms.
         (d)  A vacancy on the board is filled in the same manner as
  the initial appointment.
         (e)  The board shall:
               (1)  elect a presiding officer from among the members
  of the board;
               (2)  appoint an executive director of the commission
  and determine the title, functions, duties, powers, and salary of
  the executive director; and
               (3)  adopt rules as necessary to implement the duties
  of the commission under this subchapter.
         (f)  The executive director of the commission may hire staff
  as necessary to implement the duties of the commission under this
  subchapter.
         Sec. 481.554.  ADMINISTRATIVE ATTACHMENT. (a) The
  commission is administratively attached to the office of the
  governor.
         (b)  The office of the governor shall provide the commission
  staff and facilities as necessary to assist the commission in
  performing the commission's duties under this subchapter.
         Sec. 481.555.  AUTHORITY. The commission may, as necessary
  to perform the commission's duties under this subchapter:
               (1)  execute contracts and other documents, including
  by authorizing one or more members of the commission to execute
  contracts and other documents on behalf of the commission;
               (2)  conduct proceedings and other activities;
               (3)  establish and create boards, committees, or other
  entities, which may include an advisory board composed of
  representatives of military, federal government, and private
  aeronautic entities, and delegate authority or duties to those
  entities;
               (4)  provide financial services to support
  aerospace-related development within this state, including by:
                     (A)  capitalizing, underwriting, leasing,
  selling, or securing funding for aerospace-related infrastructure;
  and
                     (B)  acquiring, accepting, or administering
  grants and contracts to perform activities consistent with the
  commission's purpose;
               (5)  execute intergovernmental agreements and
  development agreements consistent with existing law, including
  with institutions of higher education and nonprofit entities; and
               (6)  engage in the planning and implementation of
  aerospace-related educational opportunities within this state in
  coordination with the Texas Aerospace Research and Space Economy
  Consortium established under Section 61.922, Education Code.
         Sec. 481.556.  STRATEGIC PLAN. (a) The commission shall
  develop and annually update a strategic plan for the promotion of
  space, aeronautics, and aviation economic development in this
  state.
         (b)  The strategic plan must include a list of potential
  projects that further the purpose of the commission, and, for each
  project:
               (1)  the estimated total cost for completion, including
  a potential state matching cost; and
               (2)  an assessment of the availability of external
  funding sources.
         (c)  The strategic plan may include any other information the
  commission determines is relevant to furthering the purpose of the
  commission.
         (d)  The board shall submit the strategic plan to the
  governor, the lieutenant governor, and the speaker of the house of
  representatives not later than December 31 of each year.
         Sec. 481.557.  SPACE EXPLORATION AND AERONAUTICS RESEARCH
  FUND; GRANTS. (a) The commission shall establish the Space
  Exploration and Aeronautics Research Fund to provide grants to
  eligible entities as provided by this section.
         (b)  The fund is a trust fund outside the treasury with the
  comptroller and administered by the commission.
         (c)  The fund is composed of:
               (1)  gifts, grants, or donations provided to the
  commission; and
               (2)  money from any source designated by the
  legislature.
         (d)  Using money available in the fund, the commission may
  provide grants to eligible entities described by Subsection (e) for
  the purposes of:
               (1)  development of emerging technologies required for
  any aspect of human space flight;
               (2)  research involving any aspect of space exploration
  and space flight;
               (3)  workforce training to promote space exploration
  and space flight; and
               (4)  curation of post-mission materials involved in
  space exploration and space flight.
         (e)  The following entities are eligible for a grant made
  under this section:
               (1)  a business or nonprofit entity involved in the
  space exploration, research, or aeronautics industry; and
               (2)  a governmental entity with which the commission
  has entered into an intergovernmental agreement for that purpose.
         (f)  The commission shall establish procedures for the
  administration and approval of grants made under this section,
  including procedures to ensure that a grant provided under this
  section is in the public interest and serves the public purpose of
  economic development and diversification.
         SECTION 3.  This Act takes effect September 1, 2023.