Amend HB 5246 (house committee report) as follows:
(1) Strike page 7, line 22, through page 8, line 25, and substitute the following:
(4) acquire and convey property or an interest in property;
(5) procure insurance and pay premiums on insurance of any type, in accounts, and from insurers as the board considers necessary and advisable to accomplish any of the commission's purposes;
(6) make grants to public or private persons with an established presence within this state to encourage economic development related to space and aerospace;
(7) make grants to enhance the capacity of institutions of higher education to participate in and support classified research;
(8) provide matching funding to external funding provided by relevant federal agencies, private industry, or private research organizations; [and]
(9) engage in the planning and implementation of space exploration and spaceflight-related [aerospace-related] educational opportunities within this state in coordination with the Texas Aerospace Research and Space Economy Consortium established under Chapter 483; and
(10) subject to the governor's approval, enter into an intergovernmental agreement with another state or the United States, including the United States Department of Defense and the National Aeronautics and Space Administration, as necessary to carry out the purposes of this chapter [Subchapter G].
(2) On page 9, line 5, following "(e)," insert "(e-1),"
(3) On page 10, between lines 11 and 12, insert the following:
(e-1) Using money available in the fund, and subject to the approval of the governor, the commission may provide grants to, or fund the costs and expenses incurred under agreements between the commission and, another state, the United States, or entities described by Subsection (b) for the purposes of:
(1) establishing a space-related office, base, or major facility in this state by the United States Department of Defense or the National Aeronautics and Space Administration; and
(2) relocating or acquiring decommissioned assets related to the space industry to this state.
(4) On page 11, strike lines 3 through 9 and substitute the following:
Sec. 482.501. RULES; CERTAIN LIMITATIONS ON [FOR] GRANT AWARDS [AWARD PROCEDURE]. (a) The board shall adopt rules regarding the procedure for awarding grants to applicants [an applicant] under this chapter. The rules must authorize the commission to:
(1) identify the specific purpose under Section 482.302(a) for which the commission awards a grant; and
(2) obtain information from the Texas Aerospace Research and Space Economy Consortium established under Chapter 483 as necessary to make award determinations[, including a procedure for the Texas Aerospace Research and Space Economy Consortium to make recommendations to the board for grant awards].
(5) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 482, Government Code, is amended by adding Sections 482.108 and 482.109 to read as follows:
Sec. 482.108. PROCUREMENT OF CERTAIN SPACE-RELATED VEHICLES AND EQUIPMENT. (a) Notwithstanding Section 2155.083 or any other law and subject to Subsection (b), the board may authorize the commission to procure, lease, or otherwise secure access to capacity on or through a spacefaring vehicle, platform, or infrastructure, including a rocket, shuttle, spaceplane, satellite, space station, lunar or planetary base, and other orbital, suborbital, or extraterrestrial transport or habitation system, regardless of whether the vehicle, platform, or infrastructure is owned or operated by a governmental, commercial, or private entity.
(b) Before the commission takes a proposed action under Subsection (a), the board must:
(1) determine the proposed action:
(A) promotes or serves a legitimate and clearly defined public purpose;
(B) provides demonstrable value, taking into consideration:
(i) the feasibility and cost-effectiveness of the proposed action;
(ii) alternative approaches to attaining the same or a similar public purpose as the proposed action; and
(iii) potential benefits of the proposed action; and
(C) is subject to appropriate controls and contractual requirements sufficient to protect the interests of the state;
(2) discuss the determinations the board must find under Subdivision (1) in an open meeting held in accordance with Chapter 551; and
(3) by a majority vote of the voting board members present and voting, authorize the action in an open meeting held in accordance with Chapter 551.
Sec. 482.109. CERTAIN GRANT APPLICATIONS AND DEFENSE, MILITARY, AND AEROSPACE ISSUES: CLOSED MEETING. (a) The board may conduct a closed meeting in accordance with Subchapter E, Chapter 551, to deliberate or confer with one or more employees, consultants of the commission, or legal counsel of the commission to discuss:
(1) a grant application being considered by the board if, before conducting the closed meeting, a majority of the voting members of the board in an open meeting vote that deliberating or conferring in an open meeting would:
(A) reveal the grant applicant's confidential information;
(B) reveal national security information; or
(C) have a detrimental effect on the position of the commission in negotiations with a grant applicant; or
(2) a matter related to:
(A) the establishment of an office, base, or major facility in this state by the United States Department of Defense or the National Aeronautics and Space Administration; or
(B) an economic incentive a governmental body may offer to a private entity or nonprofit organization to meet a match requirement or other requirement established by the United States Department of Defense or the National Aeronautics and Space Administration in relation to grants or strategic endeavors.
(b) Notwithstanding any other law, the commission may disclose a matter discussed under Subsection (a)(2) with any state agency if the presiding officer of the board determines it necessary to accomplish the establishment of an office, base, or major facility in this state by the United States Department of Defense or the National Aeronautics and Space Administration.
(c) Any vote or final action taken on a matter described by Subsection (a)(1) or (2) must be conducted in an open meeting.
SECTION ____. Section 482.301(a), Government Code, is amended to read as follows:
(a) The space exploration and aeronautics research fund is established to provide grants to eligible entities and for other purposes as provided by this chapter.
SECTION ____. Subchapter D, Chapter 482, Government Code, is amended by adding Section 482.303 to read as follows:
Sec. 482.303. USE OF FUND FOR OTHER PURPOSE. Money available in the fund may be used to fund the costs and expenses incurred under intergovernmental agreements between the commission and another state or the United States under this subchapter.
SECTION ____. Section 482.505, Government Code, is amended to read as follows:
Sec. 482.505. GRANT RECORDS; PUBLIC INFORMATION EXCEPTION. (a) The commission shall maintain complete records of:
(1) the review of each grant application submitted to the board, including an application reviewed in accordance with rules adopted under this chapter, even if the grant application is not funded by the board or is withdrawn after submission;
(2) [each grant recipient's] financial reports of each grant recipient described by Section 482.302(b), including the amount of matching money dedicated to the research specified for the grant award, if applicable;
(3) each grant recipient's progress reports; and
(4) the board's review of the grant recipient's financial reports, if applicable, and progress reports.
(b) A grant application submitted to the commission is confidential and not subject to disclosure under Chapter 552.