1 | 1 | | 84R22491 CLG-D |
---|
2 | 2 | | By: Button, Johnson H.B. No. 27 |
---|
3 | 3 | | Substitute the following for H.B. No. 27: |
---|
4 | 4 | | By: Johnson C.S.H.B. No. 27 |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to state economic development measures, including |
---|
10 | 10 | | administration of the Texas Enterprise Fund, the abolishment of the |
---|
11 | 11 | | Texas emerging technology fund, and the disposition of balances |
---|
12 | 12 | | from the Texas emerging technology fund. |
---|
13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
14 | 14 | | SECTION 1. Section 481.078, Government Code, is amended by |
---|
15 | 15 | | amending Subsections (c), (d-1), (e), (e-1), (f), and (k) and |
---|
16 | 16 | | adding Subsections (e-2) and (m) to read as follows: |
---|
17 | 17 | | (c) Except as provided by Subsections (d) and (d-1), the |
---|
18 | 18 | | fund may be used only for: |
---|
19 | 19 | | (1) economic development, infrastructure development, |
---|
20 | 20 | | community development, job training programs, and business |
---|
21 | 21 | | incentives; and |
---|
22 | 22 | | (2) projects for commercialization of property |
---|
23 | 23 | | derived from research developed at or through public or private |
---|
24 | 24 | | institutions of higher education as provided by Section 481.081. |
---|
25 | 25 | | (d-1) The fund may be used for the Texas homeless housing |
---|
26 | 26 | | and services program administered by the Texas Department of |
---|
27 | 27 | | Housing and Community Affairs under Section 2306.2585. The |
---|
28 | 28 | | governor may transfer appropriations from the fund to the Texas |
---|
29 | 29 | | Department of Housing and Community Affairs to fund the Texas |
---|
30 | 30 | | homeless housing and services program. Subsections (e-2) [(e-1)], |
---|
31 | 31 | | (f), (f-1), (f-2), (g), (h), (h-1), (i), and (j) and Section 481.080 |
---|
32 | 32 | | do not apply to a grant awarded for a purpose specified by this |
---|
33 | 33 | | subsection. |
---|
34 | 34 | | (e) The administration of the fund is considered to be a |
---|
35 | 35 | | trusteed program within the office of the governor. The governor |
---|
36 | 36 | | may negotiate on behalf of the state regarding awarding, by grant, |
---|
37 | 37 | | money appropriated from the fund. |
---|
38 | 38 | | (e-1) The governor may award money appropriated from the |
---|
39 | 39 | | fund only with the prior approval of the lieutenant governor and |
---|
40 | 40 | | speaker of the house of representatives. For purposes of this |
---|
41 | 41 | | subsection, an award of money appropriated from the fund is |
---|
42 | 42 | | considered disapproved by the lieutenant governor or speaker of the |
---|
43 | 43 | | house of representatives if that officer does not approve the |
---|
44 | 44 | | proposal to award the grant before the 31st [91st] day after the |
---|
45 | 45 | | date of receipt of the proposal from the governor. The lieutenant |
---|
46 | 46 | | governor or the speaker of the house of representatives may extend |
---|
47 | 47 | | the review deadline applicable to that officer for an additional 14 |
---|
48 | 48 | | days by submitting a written notice to that effect to the governor |
---|
49 | 49 | | before the expiration of the initial review period. |
---|
50 | 50 | | (e-2) [(e-1)] To be eligible to receive a grant under this |
---|
51 | 51 | | section, the entity must: |
---|
52 | 52 | | (1) be in good standing under the laws of the state in |
---|
53 | 53 | | which the entity was formed or organized, as evidenced by a |
---|
54 | 54 | | certificate issued by the secretary of state or the state official |
---|
55 | 55 | | having custody of the records pertaining to entities or other |
---|
56 | 56 | | organizations formed under the laws of that state; and |
---|
57 | 57 | | (2) owe no delinquent taxes to a taxing unit of this |
---|
58 | 58 | | state. |
---|
59 | 59 | | (f) Before awarding a grant from the fund [under this |
---|
60 | 60 | | section], the governor shall enter into a written agreement with |
---|
61 | 61 | | the entity to be awarded the grant money. If the entity is awarded a |
---|
62 | 62 | | grant for a purpose described by Subsection (c)(1), the agreement |
---|
63 | 63 | | must specify [specifying] that: |
---|
64 | 64 | | (1) if the governor finds that the grant recipient has |
---|
65 | 65 | | not met each of the performance targets specified in the agreement |
---|
66 | 66 | | as of a date certain provided in the agreement: |
---|
67 | 67 | | (A) the recipient shall repay the grant and any |
---|
68 | 68 | | related interest to the state at the agreed rate and on the agreed |
---|
69 | 69 | | terms; |
---|
70 | 70 | | (B) the governor will not distribute to the |
---|
71 | 71 | | recipient any grant money that remains to be awarded under the |
---|
72 | 72 | | agreement; and |
---|
73 | 73 | | (C) the governor may assess specified penalties |
---|
74 | 74 | | for noncompliance against the recipient; |
---|
75 | 75 | | (2) if all or any portion of the amount of the grant is |
---|
76 | 76 | | used to build a capital improvement, the state may: |
---|
77 | 77 | | (A) retain a lien or other interest in the |
---|
78 | 78 | | capital improvement in proportion to the percentage of the grant |
---|
79 | 79 | | amount used to pay for the capital improvement; and |
---|
80 | 80 | | (B) require the recipient of the grant, if the |
---|
81 | 81 | | capital improvement is sold, to: |
---|
82 | 82 | | (i) repay to the state the grant money used |
---|
83 | 83 | | to pay for the capital improvement, with interest at the rate and |
---|
84 | 84 | | according to the other terms provided by the agreement; and |
---|
85 | 85 | | (ii) share with the state a proportionate |
---|
86 | 86 | | amount of any profit realized from the sale; and |
---|
87 | 87 | | (3) if, as of a date certain provided in the agreement, |
---|
88 | 88 | | the grant recipient has not used grant money awarded under this |
---|
89 | 89 | | section for the purposes for which the grant was intended, the |
---|
90 | 90 | | recipient shall repay that amount and any related interest to the |
---|
91 | 91 | | state at the agreed rate and on the agreed terms. |
---|
92 | 92 | | (k) To encourage the development and location of small |
---|
93 | 93 | | businesses in this state, the governor shall make [consider making] |
---|
94 | 94 | | grants from the fund: |
---|
95 | 95 | | (1) to recipients that are small businesses in this |
---|
96 | 96 | | state that commit to using the grants to create additional jobs; |
---|
97 | 97 | | (2) to recipients that are small businesses from |
---|
98 | 98 | | outside the state that commit to relocate to this state; or |
---|
99 | 99 | | (3) for individual projects that create 100 or fewer |
---|
100 | 100 | | additional jobs. |
---|
101 | 101 | | (m) The office of the governor shall adopt rules for the |
---|
102 | 102 | | operation of the trusteed program established under this section. |
---|
103 | 103 | | The rules must include: |
---|
104 | 104 | | (1) forms and procedures for applications for and the |
---|
105 | 105 | | award of grants; |
---|
106 | 106 | | (2) procedures for evaluating grant applications; |
---|
107 | 107 | | (3) provisions governing the grant agreement process; |
---|
108 | 108 | | (4) methods and procedures for monitoring grant |
---|
109 | 109 | | recipients and projects or activities for which a grant is awarded |
---|
110 | 110 | | from the fund to determine whether and to what extent the grant |
---|
111 | 111 | | recipients comply with job creation performance targets, capital |
---|
112 | 112 | | investment commitments, or other specified performance targets in |
---|
113 | 113 | | the grant agreement, including requirements that grant recipients |
---|
114 | 114 | | provide to the office periodic compliance updates; |
---|
115 | 115 | | (5) document retention requirements for grant |
---|
116 | 116 | | recipients that are consistent with applicable state law; and |
---|
117 | 117 | | (6) conflict of interest provisions to ensure that |
---|
118 | 118 | | persons involved in the operation of the program, including persons |
---|
119 | 119 | | involved in evaluating applications for or awarding grants from the |
---|
120 | 120 | | fund or in monitoring grant recipients or determining compliance |
---|
121 | 121 | | with the terms of grant agreements, do not have a substantial |
---|
122 | 122 | | interest in any grant recipient or grant awarded from the fund. |
---|
123 | 123 | | SECTION 2. Section 481.079(a-1), Government Code, is |
---|
124 | 124 | | amended to read as follows: |
---|
125 | 125 | | (a-1) For grants awarded for a purpose specified by Section |
---|
126 | 126 | | 481.078(d-1) or 481.081, the report must include only the amount |
---|
127 | 127 | | and purpose of each grant. |
---|
128 | 128 | | SECTION 3. Subchapter E, Chapter 481, Government Code, is |
---|
129 | 129 | | amended by adding Section 481.081 to read as follows: |
---|
130 | 130 | | Sec. 481.081. TEXAS ENTERPRISE FUND: GRANT FOR UNIVERSITY |
---|
131 | 131 | | RESEARCH DEVELOPMENT WITH PRIVATE SPONSORSHIP. (a) In this |
---|
132 | 132 | | section: |
---|
133 | 133 | | (1) "Fund" means the Texas Enterprise Fund under |
---|
134 | 134 | | Section 481.078. |
---|
135 | 135 | | (2) "Public or private institution of higher |
---|
136 | 136 | | education" means an institution of higher education or a private or |
---|
137 | 137 | | independent institution of higher education as those terms are |
---|
138 | 138 | | defined by Section 61.003, Education Code. |
---|
139 | 139 | | (b) The governor shall provide grants to public or private |
---|
140 | 140 | | institutions of higher education from the fund to supplement other |
---|
141 | 141 | | funding for projects involving the commercialization of |
---|
142 | 142 | | intellectual property or other property derived from research |
---|
143 | 143 | | developed at or through a public or private institution of higher |
---|
144 | 144 | | education. To be eligible for a grant under this section, a project |
---|
145 | 145 | | must be supported by funding provided by one or more private |
---|
146 | 146 | | entities participating in the project, in addition to any funding |
---|
147 | 147 | | provided by the public or private institution of higher education. |
---|
148 | 148 | | (c) The amount of a grant awarded under this section may not |
---|
149 | 149 | | exceed 50 percent of the total amount of investment in the project |
---|
150 | 150 | | provided by the applicable public or private institution of higher |
---|
151 | 151 | | education and the participating private entity or entities. |
---|
152 | 152 | | SECTION 4. Subchapter G, Chapter 404, Government Code, is |
---|
153 | 153 | | amended by adding Section 404.1031 to read as follows: |
---|
154 | 154 | | Sec. 404.1031. MANAGEMENT OF INVESTMENT PORTFOLIO FROM |
---|
155 | 155 | | FORMER TEXAS EMERGING TECHNOLOGY FUND. (a) In this section, |
---|
156 | 156 | | "state's emerging technology investment portfolio" means: |
---|
157 | 157 | | (1) the equity positions in the form of stock or other |
---|
158 | 158 | | security the governor took, on behalf of the state, in companies |
---|
159 | 159 | | that received awards under the former Texas emerging technology |
---|
160 | 160 | | fund; and |
---|
161 | 161 | | (2) any other investments made by the governor, on |
---|
162 | 162 | | behalf of the state, in connection with an award made under the |
---|
163 | 163 | | former Texas emerging technology fund. |
---|
164 | 164 | | (b) The trust company shall manage the state's emerging |
---|
165 | 165 | | technology investment portfolio in a manner that a prudent investor |
---|
166 | 166 | | would employ exercising reasonable care, skill, and caution, taking |
---|
167 | 167 | | into consideration the investment of all assets of the portfolio. |
---|
168 | 168 | | The trust company may recover its reasonable and necessary costs |
---|
169 | 169 | | incurred in the management of the portfolio from the earnings on the |
---|
170 | 170 | | investments in the portfolio. |
---|
171 | 171 | | (c) Any proceeds or other earnings from the sale of stock or |
---|
172 | 172 | | other investments in the state's emerging technology investment |
---|
173 | 173 | | portfolio, less the amount permitted to be retained for payment of |
---|
174 | 174 | | its costs for managing the portfolio as provided by Subsection (b), |
---|
175 | 175 | | shall be remitted by the trust company to the comptroller for |
---|
176 | 176 | | deposit in the general revenue fund. |
---|
177 | 177 | | SECTION 5. Effective September 1, 2016, Subchapter G, |
---|
178 | 178 | | Chapter 404, Government Code, is amended by adding Section 404.1032 |
---|
179 | 179 | | to read as follows: |
---|
180 | 180 | | Sec. 404.1032. VALUATION OF INVESTMENTS FROM FORMER FUND; |
---|
181 | 181 | | ANNUAL REPORT. (a) To the maximum extent practicable, the trust |
---|
182 | 182 | | company annually shall perform a valuation of the equity positions |
---|
183 | 183 | | the governor took, on behalf of the state, in companies that |
---|
184 | 184 | | received awards under the former Texas emerging technology fund and |
---|
185 | 185 | | of other investments made by the governor, on behalf of the state, |
---|
186 | 186 | | in connection with an award under that fund. The valuation must be |
---|
187 | 187 | | based on a methodology that is consistent with generally accepted |
---|
188 | 188 | | accounting principles. |
---|
189 | 189 | | (b) Not later than January 31 of each year, the trust |
---|
190 | 190 | | company shall submit to the lieutenant governor, the speaker of the |
---|
191 | 191 | | house of representatives, and the standing committee of each house |
---|
192 | 192 | | of the legislature with primary jurisdiction over economic |
---|
193 | 193 | | development matters and post on the trust company's Internet |
---|
194 | 194 | | website a report of any valuation performed under this section |
---|
195 | 195 | | during the preceding state fiscal year. |
---|
196 | 196 | | SECTION 6. The heading to Chapter 490, Government Code, is |
---|
197 | 197 | | amended to read as follows: |
---|
198 | 198 | | CHAPTER 490. PROVISIONS RELATING TO FORMER TEXAS [FUNDING FOR] |
---|
199 | 199 | | EMERGING TECHNOLOGY FUND |
---|
200 | 200 | | SECTION 7. Sections 490.001(2) and (4), Government Code, |
---|
201 | 201 | | are amended to read as follows: |
---|
202 | 202 | | (2) "Fund" means the former Texas emerging technology |
---|
203 | 203 | | fund. |
---|
204 | 204 | | (4) "Award" means: |
---|
205 | 205 | | (A) for purposes of former Subchapter D, an |
---|
206 | 206 | | investment in the form of equity or a convertible note; |
---|
207 | 207 | | (B) for purposes of former Subchapter E, an |
---|
208 | 208 | | investment in the form of a debt instrument; |
---|
209 | 209 | | (C) for purposes of former Subchapter F, a grant; |
---|
210 | 210 | | or |
---|
211 | 211 | | (D) other forms of contribution or investment as |
---|
212 | 212 | | recommended by the former Texas Emerging Technology Advisory |
---|
213 | 213 | | Committee [committee] and approved by the governor, lieutenant |
---|
214 | 214 | | governor, and speaker of the house of representatives before |
---|
215 | 215 | | amendment of this chapter by the 84th Legislature, Regular Session, |
---|
216 | 216 | | 2015. |
---|
217 | 217 | | SECTION 8. The heading to Section 490.005, Government Code, |
---|
218 | 218 | | is amended to read as follows: |
---|
219 | 219 | | Sec. 490.005. REPORT ON AWARDS FROM FORMER FUND [ANNUAL |
---|
220 | 220 | | REPORT]. |
---|
221 | 221 | | SECTION 9. Section 490.005, Government Code, is amended by |
---|
222 | 222 | | amending Subsections (a) and (b) and adding Subsection (d) to read |
---|
223 | 223 | | as follows: |
---|
224 | 224 | | (a) Not later than January 31, 2016 [of each year], the |
---|
225 | 225 | | governor shall submit to the lieutenant governor, the speaker of |
---|
226 | 226 | | the house of representatives, and the standing committee of each |
---|
227 | 227 | | house of the legislature with primary jurisdiction over economic |
---|
228 | 228 | | development matters and post on the office of the governor's |
---|
229 | 229 | | Internet website a report that includes for each preceding state |
---|
230 | 230 | | fiscal year the following information regarding awards made under |
---|
231 | 231 | | the fund [during each preceding state fiscal year]: |
---|
232 | 232 | | (1) the total number and amount of awards made; |
---|
233 | 233 | | (2) the number and amount of awards made under former |
---|
234 | 234 | | Subchapters D, E, and F; |
---|
235 | 235 | | (3) the aggregate total of private sector investment, |
---|
236 | 236 | | federal government funding, and contributions from other sources |
---|
237 | 237 | | obtained in connection with awards made under each of the |
---|
238 | 238 | | subchapters listed in Subdivision (2); |
---|
239 | 239 | | (4) the name of each award recipient and the amount of |
---|
240 | 240 | | the award made to the recipient; and |
---|
241 | 241 | | (5) a brief description of the equity position that |
---|
242 | 242 | | the governor, on behalf of the state, has taken [may take] in |
---|
243 | 243 | | companies that received [receiving] awards and the names of the |
---|
244 | 244 | | companies in which the state has taken an equity position. |
---|
245 | 245 | | (b) The [annual] report must also contain: |
---|
246 | 246 | | (1) the total number of jobs actually created by each |
---|
247 | 247 | | project that received an award from the fund [receiving funding |
---|
248 | 248 | | under this chapter]; |
---|
249 | 249 | | (2) an analysis of the number of jobs actually created |
---|
250 | 250 | | by each project that received an award from the fund [receiving |
---|
251 | 251 | | funding under this chapter]; and |
---|
252 | 252 | | (3) a brief description regarding: |
---|
253 | 253 | | (A) the methodology used to determine the |
---|
254 | 254 | | information provided under Subdivisions (1) and (2), which may be |
---|
255 | 255 | | developed in consultation with the comptroller's office; |
---|
256 | 256 | | (B) the intended outcomes of projects funded |
---|
257 | 257 | | under former Subchapter D [during each preceding state fiscal |
---|
258 | 258 | | year]; and |
---|
259 | 259 | | (C) the actual outcomes of all projects funded |
---|
260 | 260 | | under former Subchapter D [during each preceding state fiscal |
---|
261 | 261 | | year], including any financial impact on the state resulting from a |
---|
262 | 262 | | liquidity event involving a company whose project was funded under |
---|
263 | 263 | | that subchapter. |
---|
264 | 264 | | (d) This section expires September 1, 2017. |
---|
265 | 265 | | SECTION 10. Effective September 1, 2016, Subchapter A, |
---|
266 | 266 | | Chapter 490, Government Code, is amended by adding Section 490.0051 |
---|
267 | 267 | | to read as follows: |
---|
268 | 268 | | Sec. 490.0051. ANNUAL REPORT ON PROJECTS FUNDED; JOB |
---|
269 | 269 | | CREATION AND OUTCOMES. (a) Not later than January 31 of each year, |
---|
270 | 270 | | the governor shall submit to the lieutenant governor, the speaker |
---|
271 | 271 | | of the house of representatives, and the standing committee of each |
---|
272 | 272 | | house of the legislature with primary jurisdiction over economic |
---|
273 | 273 | | development matters and post on the office of the governor's |
---|
274 | 274 | | Internet website a report that contains for each preceding state |
---|
275 | 275 | | fiscal year the following information regarding awards made under |
---|
276 | 276 | | the fund: |
---|
277 | 277 | | (1) the total number of jobs actually created by each |
---|
278 | 278 | | project that received an award from the fund; |
---|
279 | 279 | | (2) an analysis of the number of jobs actually created |
---|
280 | 280 | | by each project that received an award from the fund; and |
---|
281 | 281 | | (3) a brief description regarding: |
---|
282 | 282 | | (A) the methodology used to determine the |
---|
283 | 283 | | information provided under Subdivisions (1) and (2), which may be |
---|
284 | 284 | | developed in consultation with the comptroller's office; |
---|
285 | 285 | | (B) the intended outcomes of all projects funded |
---|
286 | 286 | | under former Subchapter D; and |
---|
287 | 287 | | (C) the actual outcomes of all projects funded |
---|
288 | 288 | | under former Subchapter D, including any financial impact on the |
---|
289 | 289 | | state resulting from a liquidity event involving a company whose |
---|
290 | 290 | | project was funded under that subchapter. |
---|
291 | 291 | | (b) The governor shall exclude from the report information |
---|
292 | 292 | | that is made confidential by law. |
---|
293 | 293 | | (c) This section expires September 1, 2030. |
---|
294 | 294 | | SECTION 11. Section 490.006, Government Code, is amended to |
---|
295 | 295 | | read as follows: |
---|
296 | 296 | | Sec. 490.006. VALUATION OF INVESTMENTS; [INCLUSION IN] |
---|
297 | 297 | | ANNUAL REPORT. (a) To the maximum extent practicable, the office |
---|
298 | 298 | | of the governor shall annually perform a valuation of the equity |
---|
299 | 299 | | positions taken by the governor, on behalf of the state, in |
---|
300 | 300 | | companies that received [receiving] awards under the fund and of |
---|
301 | 301 | | other investments made by the governor, on behalf of the state, in |
---|
302 | 302 | | connection with an award under the fund. The valuation must[: |
---|
303 | 303 | | [(1)] be based on a methodology that: |
---|
304 | 304 | | (1) [(A)] may be developed in consultation with the |
---|
305 | 305 | | comptroller's office; and |
---|
306 | 306 | | (2) [(B)] is consistent with generally accepted |
---|
307 | 307 | | accounting principles[; and |
---|
308 | 308 | | [(2) be included with the annual report required under |
---|
309 | 309 | | Section 490.005]. |
---|
310 | 310 | | (b) Except as provided by Subsection (c), not later than |
---|
311 | 311 | | January 31, 2016, the governor shall submit to the lieutenant |
---|
312 | 312 | | governor, the speaker of the house of representatives, and the |
---|
313 | 313 | | standing committee of each house of the legislature with primary |
---|
314 | 314 | | jurisdiction over economic development matters and post on the |
---|
315 | 315 | | office of the governor's Internet website a report of any valuation |
---|
316 | 316 | | performed under this section during the preceding state fiscal |
---|
317 | 317 | | year. |
---|
318 | 318 | | (c) A valuation performed for the state fiscal year ending |
---|
319 | 319 | | August 31, 2015, must be included with the report required under |
---|
320 | 320 | | Section 490.005. |
---|
321 | 321 | | (d) This section expires September 1, 2016. |
---|
322 | 322 | | SECTION 12. The heading to Subchapter B, Chapter 490, |
---|
323 | 323 | | Government Code, is amended to read as follows: |
---|
324 | 324 | | SUBCHAPTER B. MISCELLANEOUS PROVISIONS [TEXAS EMERGING TECHNOLOGY |
---|
325 | 325 | | ADVISORY COMMITTEE] |
---|
326 | 326 | | SECTION 13. Section 490.057, Government Code, is amended to |
---|
327 | 327 | | read as follows: |
---|
328 | 328 | | Sec. 490.057. CONFIDENTIALITY. (a) Except as provided by |
---|
329 | 329 | | Subsection (b), information collected by the governor's office, the |
---|
330 | 330 | | former Texas Emerging Technology Advisory Committee [committee], |
---|
331 | 331 | | or the committee's advisory panels concerning the identity, |
---|
332 | 332 | | background, finance, marketing plans, trade secrets, or other |
---|
333 | 333 | | commercially or academically sensitive information of an |
---|
334 | 334 | | individual or entity that was [being] considered for or [, |
---|
335 | 335 | | receiving, or having] received an award from the fund is |
---|
336 | 336 | | confidential unless the individual or entity consents to disclosure |
---|
337 | 337 | | of the information. |
---|
338 | 338 | | (b) The following information collected by the governor's |
---|
339 | 339 | | office, the former Texas Emerging Technology Advisory Committee |
---|
340 | 340 | | [committee], or the committee's advisory panels under this chapter |
---|
341 | 341 | | is public information and may be disclosed under Chapter 552: |
---|
342 | 342 | | (1) the name and address of an individual or entity |
---|
343 | 343 | | that [receiving or having] received an award from the fund; |
---|
344 | 344 | | (2) the amount of funding received by an award |
---|
345 | 345 | | recipient; |
---|
346 | 346 | | (3) a brief description of the project [that is] |
---|
347 | 347 | | funded under this chapter; |
---|
348 | 348 | | (4) if applicable, a brief description of the equity |
---|
349 | 349 | | position that the governor, on behalf of the state, has taken in an |
---|
350 | 350 | | entity that [has] received an award from the fund; and |
---|
351 | 351 | | (5) any other information designated by the committee |
---|
352 | 352 | | with the consent of: |
---|
353 | 353 | | (A) the individual or entity that [receiving or |
---|
354 | 354 | | having] received an award from the fund[, as applicable]; |
---|
355 | 355 | | (B) the governor; |
---|
356 | 356 | | (C) the lieutenant governor; and |
---|
357 | 357 | | (D) the speaker of the house of representatives. |
---|
358 | 358 | | SECTION 14. Section 50D.013(a), Agriculture Code, is |
---|
359 | 359 | | amended to read as follows: |
---|
360 | 360 | | (a) The policy council shall: |
---|
361 | 361 | | (1) provide a vision for unifying this state's |
---|
362 | 362 | | agricultural, energy, and research strengths in a successful launch |
---|
363 | 363 | | of a cellulosic biofuel and bioenergy industry; |
---|
364 | 364 | | (2) foster development of cellulosic-based and |
---|
365 | 365 | | bio-based fuels and build on the former Texas emerging technology |
---|
366 | 366 | | fund's investments in leading-edge energy research and efforts to |
---|
367 | 367 | | commercialize the production of bioenergy; |
---|
368 | 368 | | (3) pursue the creation of a next-generation biofuels |
---|
369 | 369 | | energy research program at a university in this state; |
---|
370 | 370 | | (4) work to procure federal and other funding to aid |
---|
371 | 371 | | this state in becoming a bioenergy leader; |
---|
372 | 372 | | (5) study the feasibility and economic development |
---|
373 | 373 | | effect of a blending requirement for biodiesel or cellulosic fuels; |
---|
374 | 374 | | (6) pursue the development and use of thermochemical |
---|
375 | 375 | | process technologies to produce alternative chemical feedstocks; |
---|
376 | 376 | | (7) study the feasibility and economic development of |
---|
377 | 377 | | the requirements for pipeline-quality, renewable natural gas; and |
---|
378 | 378 | | (8) perform other advisory duties as requested by the |
---|
379 | 379 | | commissioner regarding the responsible development of bioenergy |
---|
380 | 380 | | resources in this state. |
---|
381 | 381 | | SECTION 15. Section 203.021(e), Labor Code, is amended to |
---|
382 | 382 | | read as follows: |
---|
383 | 383 | | (e) Money in the compensation fund may not be transferred to |
---|
384 | 384 | | the[: |
---|
385 | 385 | | [(1)] Texas Enterprise Fund created under Section |
---|
386 | 386 | | 481.078, Government Code[; or |
---|
387 | 387 | | [(2) Texas emerging technology fund established under |
---|
388 | 388 | | Section 490.101, Government Code]. |
---|
389 | 389 | | SECTION 16. The following laws are repealed: |
---|
390 | 390 | | (1) Sections 490.001(1), (3), and (5), Government |
---|
391 | 391 | | Code; |
---|
392 | 392 | | (2) Sections 490.002 and 490.003, Government Code; |
---|
393 | 393 | | (3) Sections 490.051, 490.052, 490.0521, 490.053, |
---|
394 | 394 | | 490.054, 490.055, and 490.056, Government Code; and |
---|
395 | 395 | | (4) Subchapters C, D, E, F, and G, Chapter 490, |
---|
396 | 396 | | Government Code. |
---|
397 | 397 | | SECTION 17. (a) On September 1, 2015, the Texas emerging |
---|
398 | 398 | | technology fund is abolished. Any unencumbered balance of the fund |
---|
399 | 399 | | may be appropriated only to any of the following: |
---|
400 | 400 | | (1) the Texas Research Incentive Program (TRIP) under |
---|
401 | 401 | | Subchapter F, Chapter 62, Education Code; |
---|
402 | 402 | | (2) the Texas research university fund, subject to |
---|
403 | 403 | | Subsection (b) of this section; and |
---|
404 | 404 | | (3) the comptroller for the purposes of expenses |
---|
405 | 405 | | incurred in managing the state's portfolio of equity positions and |
---|
406 | 406 | | other investments in connection with awards from the former Texas |
---|
407 | 407 | | emerging technology fund in accordance with Section 404.1031, |
---|
408 | 408 | | Government Code, as added by this Act. |
---|
409 | 409 | | (b) The authority of the Texas research university fund to |
---|
410 | 410 | | receive the appropriation described by Subsection (a) of this |
---|
411 | 411 | | section is contingent on passage and enactment of H.B. 1000, or |
---|
412 | 412 | | similar legislation relating to state support for general academic |
---|
413 | 413 | | teaching institutions in this state by the 84th Legislature, |
---|
414 | 414 | | Regular Session, 2015, that renames the existing Texas competitive |
---|
415 | 415 | | knowledge fund and changes the purposes for which the fund can be |
---|
416 | 416 | | used. |
---|
417 | 417 | | (c) The abolishment by this Act of the Texas emerging |
---|
418 | 418 | | technology fund and the repeal of provisions of Chapter 490, |
---|
419 | 419 | | Government Code, relating to that fund do not affect the validity of |
---|
420 | 420 | | an agreement between the governor and an award recipient or a person |
---|
421 | 421 | | to be awarded money that is entered into under Chapter 490 before |
---|
422 | 422 | | September 1, 2015. |
---|
423 | 423 | | (d) Money that was deposited in the Texas emerging |
---|
424 | 424 | | technology fund as a gift, grant, or donation under Chapter 490, |
---|
425 | 425 | | Government Code, and that is encumbered by the specific terms of the |
---|
426 | 426 | | gift, grant, or donation may be spent only in accordance with the |
---|
427 | 427 | | terms of the gift, grant, or donation. |
---|
428 | 428 | | (e) Money from the Texas emerging technology fund that is |
---|
429 | 429 | | encumbered because the money is awarded or otherwise obligated by |
---|
430 | 430 | | agreement before September 1, 2015, but under the terms of the award |
---|
431 | 431 | | or agreement will not be distributed until a later date shall be |
---|
432 | 432 | | distributed in accordance with the terms of the award or agreement. |
---|
433 | 433 | | If the governor determines that the money will not be distributed in |
---|
434 | 434 | | accordance with the terms of the award or agreement, the governor |
---|
435 | 435 | | shall certify that fact to the comptroller. On that certification, |
---|
436 | 436 | | the comptroller shall make that money available in the general |
---|
437 | 437 | | revenue fund to be used in accordance with legislative |
---|
438 | 438 | | appropriation. |
---|
439 | 439 | | (f) On or after the effective date of this Act, subject to |
---|
440 | 440 | | any amounts used to recover costs under Section 404.1031(b), |
---|
441 | 441 | | Government Code, as added by this Act, the following payments or |
---|
442 | 442 | | other amounts shall be sent to the comptroller for deposit to the |
---|
443 | 443 | | general revenue fund to be used in accordance with legislative |
---|
444 | 444 | | appropriation: |
---|
445 | 445 | | (1) any royalties, revenues, and other financial |
---|
446 | 446 | | benefits realized from a project undertaken with money from the |
---|
447 | 447 | | Texas emerging technology fund, as provided by a contract described |
---|
448 | 448 | | by former Section 490.103, Government Code; |
---|
449 | 449 | | (2) any interest or proceeds received as a result of a |
---|
450 | 450 | | transaction authorized by former Section 490.101(h), Government |
---|
451 | 451 | | Code; |
---|
452 | 452 | | (3) any money returned or repaid to the state by an |
---|
453 | 453 | | award recipient pursuant to an agreement entered into under former |
---|
454 | 454 | | Section 490.101, Government Code; |
---|
455 | 455 | | (4) any money derived from an interest the state |
---|
456 | 456 | | retained in a capital improvement pursuant to an agreement entered |
---|
457 | 457 | | into under former Section 490.101, Government Code; and |
---|
458 | 458 | | (5) any fund money returned by an entity that fails to |
---|
459 | 459 | | perform an action guaranteed by a contract entered into under |
---|
460 | 460 | | former Section 490.154 or 490.203, Government Code. |
---|
461 | 461 | | SECTION 18. A regional center of innovation and |
---|
462 | 462 | | commercialization established under Section 490.152, Government |
---|
463 | 463 | | Code, is abolished on the effective date of this Act. Each center |
---|
464 | 464 | | shall transfer to the office of the governor a copy of any meeting |
---|
465 | 465 | | minutes required to be retained under Section 490.1521, Government |
---|
466 | 466 | | Code, as that section existed immediately before that section's |
---|
467 | 467 | | repeal by this Act, and the office shall retain the minutes for the |
---|
468 | 468 | | period prescribed by that section. |
---|
469 | 469 | | SECTION 19. On September 1, 2015, the Texas Emerging |
---|
470 | 470 | | Technology Advisory Committee established under Subchapter B, |
---|
471 | 471 | | Chapter 490, Government Code, is abolished. |
---|
472 | 472 | | SECTION 20. Except as provided by this Act, on September 1, |
---|
473 | 473 | | 2015, the following powers, duties, functions, and activities |
---|
474 | 474 | | performed by the office of the governor immediately before that |
---|
475 | 475 | | date are transferred to the Texas Treasury Safekeeping Trust |
---|
476 | 476 | | Company: |
---|
477 | 477 | | (1) all powers, duties, functions, and activities |
---|
478 | 478 | | related to equity positions in the form of stock or other security |
---|
479 | 479 | | the governor has taken, on behalf of the state, in companies that |
---|
480 | 480 | | received awards under the Texas emerging technology fund before |
---|
481 | 481 | | September 1, 2015; and |
---|
482 | 482 | | (2) all powers, duties, functions, and activities |
---|
483 | 483 | | related to other investments made by the governor, on behalf of the |
---|
484 | 484 | | state, in connection with an award made under the Texas emerging |
---|
485 | 485 | | technology fund before September 1, 2015. |
---|
486 | 486 | | SECTION 21. If a conflict exists between this Act and |
---|
487 | 487 | | another Act of the 84th Legislature, Regular Session, 2015, that |
---|
488 | 488 | | relates to the Texas emerging technology fund, this Act controls |
---|
489 | 489 | | without regard to the relative dates of enactment. |
---|
490 | 490 | | SECTION 22. Except as otherwise provided by this Act, this |
---|
491 | 491 | | Act takes effect September 1, 2015. |
---|