88R4024 MLH-D
 
  By: West S.B. No. 1478
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a grant matching program for the federal
  small business innovation research and small business technology
  transfer programs.
         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. SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS
  TECHNOLOGY TRANSFER GRANT MATCHING 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)  "Grant matching program" means the small business
  innovation research and small business technology transfer grant
  matching program established under this subchapter. 
         Sec. 489.352.  ESTABLISHMENT AND ADMINISTRATION OF GRANT
  MATCHING PROGRAM. The office shall establish and administer the
  small business innovation research and small business technology
  transfer grant matching 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 grant matching program, a business entity must:
               (1)  be organized under the laws of 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 grant matching
  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 grant matching 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 of not more
  than $2,500 immediately on fulfillment of the requirements under
  Section 489.354(b)(1). A business entity may not receive more than
  five grants under this subsection.
         (b)  The office may award a "phase one" grant under this
  subchapter of not more than $100,000, with 50 percent of the money
  to be awarded on receipt of the notice of an award described by
  Section 489.354(b)(2)(A) and 50 percent of the money to be awarded
  on receipt of the proposal described by Section 489.354(b)(2)(C). A
  business entity may only receive one grant under this subsection in
  a single fiscal year. A business entity may not receive more than
  five grants under this subsection. 
         (c)  The office may award a "phase two" grant under this
  subchapter of not more than $100,000 each year for not more than two
  years. Disbursement for the first year of the award must occur
  immediately on fulfillment of the requirements under Section
  489.354(b)(3). Disbursement for the second year of the award may
  occur on the anniversary of the first disbursement if the business
  entity provides certification to the office that the entity will
  continue to receive funding under the federal funding program for a
  second year. A business entity may only receive one grant under this
  subsection in a single fiscal year. A business entity may not
  receive more than five grants under this subsection.
         (d)  A business entity may assign a grant received under this
  subchapter only with the prior written consent of the office. 
         Sec. 489.356.  FUNDING.  The office shall award grants as
  provided by this subchapter from available money and any additional
  money appropriated for purposes of this subchapter.
         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.