Texas 2013 - 83rd Regular

Texas House Bill HB3162 Compare Versions

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1	1	By: J. Davis of Harris, Button H.B. No. 3162
2	2	(Senate Sponsor - Deuell)
3	3	(In the Senate - Received from the House May 8, 2013;
4	4	May 9, 2013, read first time and referred to Committee on Economic
5	5	Development; May 16, 2013, reported adversely, with favorable
6	6	Committee Substitute by the following vote: Yeas 5, Nays 0;
7	7	May 16, 2013, sent to printer.)
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 3162 By: Deuell
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the Texas emerging technology fund; redesignating the
14	14	fund as the Texas Research Technology Fund.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Sections 490.001(1), (2), and (4), Government
17	17	Code, are amended to read as follows:
18	18	(1) "Board" ["Committee"] means the Texas Research
19	19	[Emerging] Technology Fund Board [Advisory Committee].
20	20	(2) "Fund" means the Texas Research Technology Fund
21	21	[emerging technology fund].
22	22	(4) "Award" means:
23	23	(A) for purposes of Subchapter D, an investment
24	24	in the form of equity or a convertible note;
25	25	(B) for purposes of Subchapter E, an investment
26	26	in the form of a debt instrument;
27	27	(C) for purposes of Subchapter F, a grant; or
28	28	(D) other forms of contribution or investment as
29	29	recommended by the board [committee] and approved by the governor,
30	30	lieutenant governor, and speaker of the house of representatives.
31	31	SECTION 2. Section 490.003, Government Code, is amended to
32	32	read as follows:
33	33	Sec. 490.003. EMERGING TECHNOLOGY INDUSTRIES. (a) An
34	34	emerging technology industry participant may be [is] eligible for
35	35	funding under this chapter if the activity to be funded:
36	36	(1) will result in the creation of high-quality new
37	37	jobs in this state, immediately or over a longer period; [or]
38	38	(2) has the potential to result in a medical or
39	39	scientific breakthrough or a breakthrough in the area of clean
40	40	energy; or
41	41	(3) will result in the commercialization of a
42	42	scientific breakthrough derived from research conducted at or owned
43	43	by a research institution.
44	44	(b) Emerging technology industries include industries
45	45	related to:
46	46	(1) semiconductors;
47	47	(2) information;
48	48	(3) computer and software technology;
49	49	(4) energy;
50	50	(5) manufactured energy systems;
51	51	(6) micro-electromechanical systems;
52	52	(7) nanotechnology;
53	53	(8) biotechnology;
54	54	(9) medicine;
55	55	(10) life sciences;
56	56	(11) petroleum refining and chemical processes;
57	57	(12) aerospace;
58	58	(13) defense; [and]
59	59	(14) water; and
60	60	(15) other pursuits, as determined by the governor in
61	61	consultation with the lieutenant governor and the speaker of the
62	62	house of representatives.
63	63	SECTION 3. Sections 490.005(a) and (b), Government Code,
64	64	are amended to read as follows:
65	65	(a) Not later than January 31 of each year, the governor
66	66	shall submit to the lieutenant governor, the speaker of the house of
67	67	representatives, and the standing committee of each house of the
68	68	legislature with primary jurisdiction over economic development
69	69	matters and post on the office of the governor's Internet website a
70	70	report that includes the following information regarding awards
71	71	made under the fund during each preceding state fiscal year:
72	72	(1) the total number and amount of awards made;
73	73	(2) the number and amount of awards made under
74	74	Subchapters D, E, and F;
75	75	(3) the aggregate total of private sector investment,
76	76	federal government funding, and contributions from other sources
77	77	obtained in connection with awards made under each of the
78	78	subchapters listed in Subdivision (2);
79	79	(4) the name of each award recipient and the amount of
80	80	the award made to the recipient; [and]
81	81	(5) a brief description of the equity position that
82	82	the governor, on behalf of the state, may take in companies
83	83	receiving awards and the names of the companies in which the state
84	84	has taken an equity position; and
85	85	(6) a description of the types of securities the
86	86	governor, on behalf of the state, has taken in companies that have
87	87	received an award.
88	88	(b) The annual report must also contain:
89	89	(1) the aggregate total number of jobs, broken down
90	90	according to the industry sectors described by Section 490.003(b),
91	91	actually created by all projects [each project] receiving funding
92	92	under this chapter;
93	93	(2) an analysis of the number of jobs, broken down
94	94	according to the industry sectors described by Section 490.003(b),
95	95	actually created by all projects [each project] receiving funding
96	96	under this chapter; [and]
97	97	(3) a brief description regarding:
98	98	(A) the methodology used to determine the
99	99	information provided under Subdivisions (1) and (2), which may be
100	100	developed in consultation with the comptroller's office;
101	101	(B) the intended outcomes of projects funded
102	102	under Subchapter D during each preceding state fiscal year; and
103	103	(C) the actual outcomes of all projects funded
104	104	under Subchapter D during each preceding state fiscal year,
105	105	including any financial impact on the state resulting from a
106	106	liquidity event involving a company whose project was funded under
107	107	that subchapter;
108	108	(4) the total number of jobs created by each project
109	109	receiving funds under this chapter, expressed;
110	110	(A) in increments of 10 jobs created by the
111	111	project; or
112	112	(B) as a number that is within five percent over
113	113	or under the total number of jobs created by the project; and
114	114	(5) the average annual salaries in the award
115	115	recipients' industries.
116	116	SECTION 4. The heading to Subchapter B, Chapter 490,
117	117	Government Code, is amended to read as follows:
118	118	SUBCHAPTER B. TEXAS RESEARCH [EMERGING] TECHNOLOGY FUND BOARD
119	119	[ADVISORY COMMITTEE]
120	120	SECTION 5. Section 490.051, Government Code, is amended to
121	121	read as follows:
122	122	Sec. 490.051. TEXAS RESEARCH TECHNOLOGY FUND BOARD
123	123	[COMPOSITION OF COMMITTEE]. (a) The Texas Research [Emerging]
124	124	Technology Fund Board is administratively attached to the office of
125	125	the governor. The governor's office shall provide staff and other
126	126	administrative support for the board.
127	127	(b) The board [Advisory Committee] is composed of 17
128	128	members.
129	129	SECTION 6. The heading to Section 490.052, Government Code,
130	130	is amended to read as follows:
131	131	Sec. 490.052. APPOINTMENT TO BOARD [COMMITTEE];
132	132	NOMINATIONS.
133	133	SECTION 7. Sections 490.052(a), (a-1), (a-2), and (b),
134	134	Government Code, are amended to read as follows:
135	135	(a) The governor shall appoint to the board [committee] 13
136	136	individuals nominated as provided by Subsection (b).
137	137	(a-1) The lieutenant governor shall appoint two individuals
138	138	to the board [committee].
139	139	(a-2) The speaker of the house of representatives shall
140	140	appoint two individuals to the board [committee].
141	141	(b) The following persons may nominate one or more
142	142	individuals who are industry leaders in this state or who are
143	143	nationally recognized leaders from public or private institutions
144	144	of higher education in this state for appointment to the board
145	145	[committee]:
146	146	(1) a president of a public or private institution of
147	147	higher education in this state;
148	148	(2) a representative of the governor's office involved
149	149	in economic development activities;
150	150	(3) a representative of the lieutenant governor's
151	151	office involved in economic development activities;
152	152	(4) a representative of the office of the speaker of
153	153	the house involved in economic development activities; and
154	154	(5) other persons considered appropriate by the
155	155	governor, lieutenant governor, or speaker of the house of
156	156	representatives.
157	157	SECTION 8. Section 490.0521(a), Government Code, is amended
158	158	to read as follows:
159	159	(a) Each member of the board [committee] shall file with the
160	160	office of the governor a verified financial statement complying
161	161	with Sections 572.022 through 572.0252 as is required of a state
162	162	officer by Section 572.0252.
163	163	SECTION 9. Subchapter B, Chapter 490, Government Code, is
164	164	amended by adding Section 490.0522 to read as follows:
165	165	Sec. 490.0522. COMPENSATION; EXPENSES. Members of the
166	166	board serve without compensation but are entitled to reimbursement
167	167	for actual and necessary expenses incurred in attending board
168	168	meetings or in performing other board duties approved by the office
169	169	of the governor.
170	170	SECTION 10. Section 490.053, Government Code, is amended to
171	171	read as follows:
172	172	Sec. 490.053. PRESIDING MEMBER. The governor shall appoint
173	173	a presiding member of the board [committee].
174	174	SECTION 11. Section 490.054, Government Code, is amended to
175	175	read as follows:
176	176	Sec. 490.054. TERMS. (a) Members of the board [committee]
177	177	appointed by the governor serve staggered two-year terms, with as
178	178	near as possible to one-half of the members' terms expiring each
179	179	year, subject to the pleasure of the governor.
180	180	(b) Members of the board [committee] appointed by the
181	181	lieutenant governor or the speaker of the house of representatives
182	182	serve two-year terms.
183	183	(c) Members of the board are not state officers.
184	184	SECTION 12. Section 490.055, Government Code, is amended to
185	185	read as follows:
186	186	Sec. 490.055. STAFF AND FUNDING. Necessary staff and
187	187	funding for the administration of the fund shall be provided by:
188	188	(1) the office of the governor; [and]
189	189	(2) gifts, grants, and donations for overhead expenses
190	190	to the office of the governor; and
191	191	(3) the fund as provided by Section 490.101.
192	192	SECTION 13. Section 490.056, Government Code, is amended by
193	193	amending Subsections (a) and (c) and adding Subsection (a-1) to
194	194	read as follows:
195	195	(a) The board [committee] shall make recommendations,
196	196	through peer review and evaluation processes established by the
197	197	board [committee], to the governor, lieutenant governor, and
198	198	speaker of the house of representatives for the award of money from
199	199	the fund under Subchapters E and F as provided by this chapter.
200	200	(a-1) Regional centers of innovation and commercialization
201	201	formed under Subchapter I shall make recommendations to the board
202	202	for the award of money from the fund under Subchapter D as provided
203	203	by this chapter.
204	204	(c) Each entity recommended by a regional center of
205	205	innovation and commercialization [the committee] for an award of
206	206	money from the fund under Subchapter D as provided by this chapter
207	207	shall obtain and provide the following information to the office of
208	208	the governor:
209	209	(1) a federal criminal history background check for
210	210	each principal of the entity;
211	211	(2) a state criminal history background check for each
212	212	principal of the entity;
213	213	(3) a credit check for each principal of the entity;
214	214	(4) a copy of a government-issued form of photo
215	215	identification for each principal of the entity; and
216	216	(5) information regarding whether the entity or a
217	217	principal of the entity has ever been subject to a sanction imposed
218	218	by the Securities and Exchange Commission for a violation of
219	219	applicable federal law.
220	220	SECTION 14. Section 490.057, Government Code, is amended to
221	221	read as follows:
222	222	Sec. 490.057. CONFIDENTIALITY. (a) Except as provided by
223	223	Subsection (b), information collected or received by the governor's
224	224	office, the board [committee], or the board's [committee's]
225	225	advisory panels concerning the [identity,] background, finances
226	226	[finance], marketing plans, trade secrets, or other commercially or
227	227	academically sensitive information of an individual or entity
228	228	having applied for, being considered for, receiving, or having
229	229	received an award from the fund is confidential unless the
230	230	individual or entity consents to disclosure of the information.
231	231	(b) The following information collected by the governor's
232	232	office, the board [committee], or the board's [committee's]
233	233	advisory panels under this chapter is public information and may be
234	234	disclosed under Chapter 552:
235	235	(1) the name and address of an individual or entity
236	236	receiving or having received an award from the fund;
237	237	(2) the amount of funding received by an award
238	238	recipient from the fund;
239	239	(3) a brief description of the project that is funded
240	240	under this chapter;
241	241	(4) if applicable, [a brief description of] the type
242	242	of equity [position] that the governor, on behalf of the state, has
243	243	taken in an entity that has received an award from the fund; [and]
244	244	(5) any other information [designated by the
245	245	committee] with the consent of[:
246	246	[(A)] the individual or entity [receiving or
247	247	having received an award from the fund, as applicable]; and
248	248	(6) any other information otherwise available to the
249	249	public
250	250	[(B) the governor;
251	251	[(C) the lieutenant governor; and
252	252	[(D) the speaker of the house of
253	253	representatives].
254	254	SECTION 15. Subchapter B, Chapter 490, Government Code, is
255	255	amended by adding Sections 490.058, 490.059, and 490.060 to read as
256	256	follows:
257	257	Sec. 490.058. DIVISION OF RESPONSIBILITIES. The board
258	258	shall develop and implement policies that clearly separate the
259	259	policy-making responsibilities of the board and the management
260	260	responsibilities of the staff of the board.
261	261	Sec. 490.059. APPLICABILITY OF OPEN MEETINGS LAW. The
262	262	board is subject to Chapter 551.
263	263	Sec. 490.060. MEETINGS. (a) The board shall hold four
264	264	regular meetings each year and special meetings at the call of the
265	265	presiding member.
266	266	(b) Notwithstanding Chapter 551 or any other law, the board
267	267	may use a telephone conference call, videoconference, or other
268	268	similar telecommunication method in accordance with this section to
269	269	establish a quorum, to hold an open or closed meeting, to vote, or
270	270	for any other meeting purpose. This subsection applies without
271	271	regard to the subject matter discussed or considered by the board at
272	272	the meeting.
273	273	(c) A meeting held by telephone conference call,
274	274	videoconference, or other similar telecommunication method:
275	275	(1) is subject to the notice requirements applicable
276	276	to other board meetings;
277	277	(2) may not be held unless notice of the meeting
278	278	specifies the location where the public may observe the meeting;
279	279	and
280	280	(3) must be open and audible to the public at the
281	281	location specified in the notice under Subdivision (2) during the
282	282	open portions of the meeting.
283	283	(d) The board may conduct a closed meeting under Section
284	284	551.101 to:
285	285	(1) discuss or consider a matter that contains
286	286	information that is confidential under Section 490.057; or
287	287	(2) hear testimony or presentations from an
288	288	individual, entity, or group that contains information that is
289	289	confidential under Section 490.057.
290	290	(e) This section does not prohibit the board from requesting
291	291	the attendance at a closed meeting of a person who is not a member of
292	292	the board and who has information regarding an applicant for or
293	293	recipient of an award from the fund.
294	294	SECTION 16. The heading to Subchapter C, Chapter 490,
295	295	Government Code, is amended to read as follows:
296	296	SUBCHAPTER C. TEXAS RESEARCH [EMERGING] TECHNOLOGY FUND
297	297	SECTION 17. The heading to Section 490.101, Government
298	298	Code, is amended to read as follows:
299	299	Sec. 490.101. TEXAS RESEARCH [EMERGING] TECHNOLOGY FUND.
300	300	SECTION 18. Sections 490.101(a), (c), (d), (f), and (f-1),
301	301	Government Code, are amended to read as follows:
302	302	(a) The Texas Research Technology Fund [emerging technology
303	303	fund] is a dedicated account in the general revenue fund.
304	304	(c) The fund may be used only [for]:
305	305	(1) for the purposes described by Section 490.002;
306	306	[and]
307	307	(2) for necessary staff, administration of the fund
308	308	including administration by the office of the governor, and
309	309	services and expenses related to the fund as provided for by Section
310	310	490.055; and
311	311	(3) to compensate the fund manager under Section
312	312	490.157.
313	313	(d) The board [committee] may solicit and accept gifts and
314	314	grants for the fund from public and private entities.
315	315	(f) The administration of the fund is considered to be a
316	316	trusteed program within the office of the governor. The governor
317	317	may negotiate on behalf of the state regarding awards from the fund.
318	318	The governor may award money appropriated from the fund for awards
319	319	under Subchapters E and F only with the prior approval of the
320	320	lieutenant governor and speaker of the house of representatives.
321	321	The governor may award money appropriated from the fund for awards
322	322	under Subchapter D or may allocate money from the fund for use as
323	323	provided by Subchapter I, only with the prior approval of the board.
324	324	(f-1) For purposes of Subsection (f), an award of money
325	325	appropriated from the fund for awards under Subchapters E and F is
326	326	considered disapproved by the lieutenant governor or speaker of the
327	327	house of representatives if that officer does not approve the
328	328	proposal to award funding before the 91st day after the date of
329	329	receipt of the proposal from the governor. The lieutenant governor
330	330	or the speaker of the house of representatives may extend the review
331	331	deadline applicable to that officer for an additional 14 days by
332	332	submitting a written notice to that effect to the governor before
333	333	the expiration of the initial review period.
334	334	SECTION 19. Section 490.102(a), Government Code, is amended
335	335	to read as follows:
336	336	(a) Money appropriated to or otherwise deposited to the fund
337	337	under Section 490.101(b), including money retained in the fund from
338	338	a previous biennium [by the legislature], less amounts necessary to
339	339	administer the fund under Section 490.055, shall be allocated as
340	340	follows:
341	341	(1) 46 [50] percent of the money for incentives for
342	342	collaboration between certain entities as provided by Subchapter D;
343	343	(2) 16.67 percent of the money for research award
344	344	matching as provided by Subchapter E; [and]
345	345	(3) 33.33 percent of the money for acquisition of
346	346	research superiority as provided by Subchapter F; and
347	347	(4) four percent of the money for regional centers of
348	348	innovation and commercialization as provided by Subchapter I.
349	349	SECTION 20. Section 490.151, Government Code, is amended by
350	350	adding Subsection (a-1) and amending Subsection (b) to read as
351	351	follows:
352	352	(a-1) The following private and nonprofit entities are
353	353	eligible for incentives under this subchapter:
354	354	(1) a private entity that is partially owned by an
355	355	institution of higher education and is seeking to commercialize
356	356	technology acquired from the partnering institution;
357	357	(2) a private entity that is a qualified spin-out, as
358	358	determined by the board, of an institution of higher education;
359	359	(3) a private entity seeking to commercialize
360	360	technology acquired from the Lyndon B. Johnson Space Center of the
361	361	National Aeronautics and Space Administration;
362	362	(4) a private or nonprofit entity partnering with a
363	363	research institution through a sponsored research agreement or
364	364	qualified collaborative agreement; or
365	365	(5) a private entity that has received an award under
366	366	this chapter and has received an equity investment commitment from
367	367	a qualified investor, as determined by the board, for
368	368	commercialization and growth purposes.
369	369	(b) The regional centers of innovation and
370	370	commercialization formed under Subchapter I [committee] shall
371	371	recommend proposals eligible for funding under this subchapter
372	372	[section] to the board [governor, lieutenant governor, and speaker
373	373	of the house of representatives].
374	374	SECTION 21. Section 490.154(a), Government Code, is amended
375	375	to read as follows:
376	376	(a) An entity participating in a regional center of
377	377	innovation and commercialization formed under Subchapter I that
378	378	receives funding or another incentive under this subchapter shall
379	379	guarantee by contract with the governor's office that the entity
380	380	will perform specific actions expected to provide benefits to this
381	381	state.
382	382	SECTION 22. Subchapter D, Chapter 490, Government Code, is
383	383	amended by adding Section 490.157 to read as follows:
384	384	Sec. 490.157. FUND MANAGER. (a) The office of the governor
385	385	shall employ or contract with a fund manager to manage equity
386	386	positions or other investments received by the office of the
387	387	governor in consideration for an award made. The fund manager shall
388	388	perform such duties for the purpose of managing equity positions or
389	389	other investments made under this subchapter.
390	390	(b) The board may recommend an entity or individual to the
391	391	office of the governor to serve as the fund manager under Subsection
392	392	(a). The board may also recommend to the office of the governor:
393	393	(1) the duties of the fund manager;
394	394	(2) the appropriate compensation of the fund manager;
395	395	and
396	396	(3) the termination of the employment of or contract
397	397	with the fund manager.
398	398	SECTION 23. Chapter 490, Government Code, is amended by
399	399	adding Subchapter I, and a heading is added to that subchapter to
400	400	read as follows:
401	401	SUBCHAPTER I. REGIONAL CENTERS OF
402	402	INNOVATION AND COMMERCIALIZATION
403	403	SECTION 24. Sections 490.152 and 490.1521, Government Code,
404	404	are transferred to Subchapter I, Chapter 490, Government Code, as
405	405	added by this Act, redesignated as Sections 490.401 and 490.402,
406	406	Government Code, and amended to read as follows:
407	407	Sec. 490.401 [490.152]. USE OF MONEY FOR REGIONAL CENTERS
408	408	OF INNOVATION AND COMMERCIALIZATION. (a) Amounts allocated from
409	409	the fund for use as provided by this subchapter may be used by an
410	410	entity described by Section 490.151(a) or an [In recommending
411	411	proposals for funding, the committee shall give specific emphasis
412	412	to the formation of regional centers of innovation and
413	413	commercialization.
414	414	[(b) An] appropriate combination of any entities described
415	415	by that subsection [Section 490.151(a) may collaborate] to form and
416	416	maintain a regional center of innovation and commercialization to
417	417	serve a region of this state.
418	418	(b) [(c)] A regional center of innovation and
419	419	commercialization shall provide for a specified region:
420	420	(1) research and development activities that may
421	421	include initiatives to prove the feasibility of an idea;
422	422	(2) commercialization of the results of research and
423	423	development;
424	424	(3) incubators for new businesses and expansion of
425	425	existing businesses related to research and development; and
426	426	(4) workforce training for businesses resulting from
427	427	research and development.
428	428	(c) [(d)] Subject to the availability of suitable partners
429	429	and resources, the board [committee] shall propose and initiate the
430	430	establishment of a regional center of innovation and
431	431	commercialization in:
432	432	(1) Harris County;
433	433	(2) Lubbock County;
434	434	(3) Bexar County;
435	435	(4) the Dallas-Fort Worth Metroplex;
436	436	(5) El Paso County;
437	437	(6) the Middle and Lower Rio Grande Valley; and
438	438	(7) other suitable locations as determined by the
439	439	governor in consultation with the lieutenant governor and the
440	440	speaker of the house of representatives.
441	441	Sec. 490.402 [490.1521]. MINUTES OF CERTAIN MEETINGS.
442	442	(a) Each regional center of innovation and commercialization
443	443	established under Section 490.401 [490.152, including the Texas
444	444	Life Science Center for Innovation and Commercialization,] shall
445	445	keep minutes of each meeting at which applications for funding
446	446	under Subchapter D [this subchapter] are evaluated. The minutes
447	447	must:
448	448	(1) include the name of each applicant recommended by
449	449	the regional center of innovation and commercialization to the
450	450	board [committee] for funding under Subchapter D; and
451	451	(2) indicate the vote of each member of the governing
452	452	body of the regional center of innovation and commercialization,
453	453	including any recusal by a member and the member's reason for
454	454	recusal, with regard to each application reviewed.
455	455	(b) Each regional center of innovation and
456	456	commercialization shall retain a copy of the minutes of each
457	457	meeting to which this section applies for at least three years.
458	458	SECTION 25. Section 490.201(b), Government Code, is amended
459	459	to read as follows:
460	460	(b) The board [committee] shall recommend proposals
461	461	eligible for funding under this section to the governor, lieutenant
462	462	governor, and speaker of the house of representatives.
463	463	SECTION 26. Section 490.253, Government Code, is amended to
464	464	read as follows:
465	465	Sec. 490.253. PROPOSALS FOR FUNDING. (a) The board
466	466	[committee] shall review and consider proposals by research
467	467	institutions for:
468	468	(1) creating new research superiority;
469	469	(2) attracting existing research superiority from
470	470	institutions not located in this state and other research entities;
471	471	or
472	472	(3) enhancing existing research superiority by
473	473	attracting from outside this state additional researchers and
474	474	resources.
475	475	(b) The board [committee] shall recommend proposals
476	476	eligible for funding under Section 490.251 and proposals solicited
477	477	and identified under this section to the governor, lieutenant
478	478	governor, and speaker of the house of representatives.
479	479	SECTION 27. Section 490.257(b), Government Code, is amended
480	480	to read as follows:
481	481	(b) The governor, with the express written prior approval of
482	482	the lieutenant governor and the speaker of the house of
483	483	representatives, may terminate funding to an institution if the
484	484	institution fails to realize a benefit specified in the contract
485	485	before a time specified in the contract, as determined by a periodic
486	486	program review conducted by the board [committee].
487	487	SECTION 28. Section 50D.013(a), Agriculture Code, is
488	488	amended to read as follows:
489	489	(a) The policy council shall:
490	490	(1) provide a vision for unifying this state's
491	491	agricultural, energy, and research strengths in a successful launch
492	492	of a cellulosic biofuel and bioenergy industry;
493	493	(2) foster development of cellulosic-based and
494	494	bio-based fuels and build on the Texas Research Technology Fund's
495	495	[emerging technology fund's] investments in leading-edge energy
496	496	research and efforts to commercialize the production of bioenergy;
497	497	(3) pursue the creation of a next-generation biofuels
498	498	energy research program at a university in this state;
499	499	(4) work to procure federal and other funding to aid
500	500	this state in becoming a bioenergy leader;
501	501	(5) study the feasibility and economic development
502	502	effect of a blending requirement for biodiesel or cellulosic fuels;
503	503	(6) pursue the development and use of thermochemical
504	504	process technologies to produce alternative chemical feedstocks;
505	505	(7) study the feasibility and economic development of
506	506	the requirements for pipeline-quality, renewable natural gas; and
507	507	(8) perform other advisory duties as requested by the
508	508	commissioner regarding the responsible development of bioenergy
509	509	resources in this state.
510	510	SECTION 29. Section 203.021(e), Labor Code, is amended to
511	511	read as follows:
512	512	(e) Money in the compensation fund may not be transferred to
513	513	the:
514	514	(1) Texas Enterprise Fund created under Section
515	515	481.078, Government Code; or
516	516	(2) Texas Research Technology Fund [emerging
517	517	technology fund] established under Section 490.101, Government
518	518	Code.
519	519	SECTION 30. Sections 490.056(e) and 490.153(b), Government
520	520	Code, are repealed.
521	521	SECTION 31. The terms of the members of the Texas Emerging
522	522	Technology Advisory Committee serving immediately before the
523	523	effective date of this Act expire September 1, 2013.
524	524	SECTION 32. (a) As soon as practicable after the effective
525	525	date of this Act:
526	526	(1) the governor, lieutenant governor, and speaker of
527	527	the house of representatives shall appoint members to the Texas
528	528	Research Technology Fund Board established under Subchapter B,
529	529	Chapter 490, Government Code, in a manner that complies with that
530	530	subchapter, as amended by this Act; and
531	531	(2) the governor shall appoint the initial presiding
532	532	member of the board.
533	533	(b) At the first meeting of members of the Texas Research
534	534	Technology Fund Board appointed under Subchapter B, Chapter 490,
535	535	Government Code, as amended by this Act, occurring on or after
536	536	September 1, 2013, the members appointed by the governor shall draw
537	537	lots to determine which seven members will serve terms expiring
538	538	September 1, 2014, and which six members will serve terms expiring
539	539	September 1, 2015.
540	540	SECTION 33. This Act takes effect September 1, 2013.
541	541	* * * * *