Texas 2015 - 84th Regular

Texas House Bill HB27 Compare Versions

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11 84R22491 CLG-D
22 By: Button, Johnson H.B. No. 27
33 Substitute the following for H.B. No. 27:
44 By: Johnson C.S.H.B. No. 27
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to state economic development measures, including
1010 administration of the Texas Enterprise Fund, the abolishment of the
1111 Texas emerging technology fund, and the disposition of balances
1212 from the Texas emerging technology fund.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 481.078, Government Code, is amended by
1515 amending Subsections (c), (d-1), (e), (e-1), (f), and (k) and
1616 adding Subsections (e-2) and (m) to read as follows:
1717 (c) Except as provided by Subsections (d) and (d-1), the
1818 fund may be used only for:
1919 (1) economic development, infrastructure development,
2020 community development, job training programs, and business
2121 incentives; and
2222 (2) projects for commercialization of property
2323 derived from research developed at or through public or private
2424 institutions of higher education as provided by Section 481.081.
2525 (d-1) The fund may be used for the Texas homeless housing
2626 and services program administered by the Texas Department of
2727 Housing and Community Affairs under Section 2306.2585. The
2828 governor may transfer appropriations from the fund to the Texas
2929 Department of Housing and Community Affairs to fund the Texas
3030 homeless housing and services program. Subsections (e-2) [(e-1)],
3131 (f), (f-1), (f-2), (g), (h), (h-1), (i), and (j) and Section 481.080
3232 do not apply to a grant awarded for a purpose specified by this
3333 subsection.
3434 (e) The administration of the fund is considered to be a
3535 trusteed program within the office of the governor. The governor
3636 may negotiate on behalf of the state regarding awarding, by grant,
3737 money appropriated from the fund.
3838 (e-1) The governor may award money appropriated from the
3939 fund only with the prior approval of the lieutenant governor and
4040 speaker of the house of representatives. For purposes of this
4141 subsection, an award of money appropriated from the fund is
4242 considered disapproved by the lieutenant governor or speaker of the
4343 house of representatives if that officer does not approve the
4444 proposal to award the grant before the 31st [91st] day after the
4545 date of receipt of the proposal from the governor. The lieutenant
4646 governor or the speaker of the house of representatives may extend
4747 the review deadline applicable to that officer for an additional 14
4848 days by submitting a written notice to that effect to the governor
4949 before the expiration of the initial review period.
5050 (e-2) [(e-1)] To be eligible to receive a grant under this
5151 section, the entity must:
5252 (1) be in good standing under the laws of the state in
5353 which the entity was formed or organized, as evidenced by a
5454 certificate issued by the secretary of state or the state official
5555 having custody of the records pertaining to entities or other
5656 organizations formed under the laws of that state; and
5757 (2) owe no delinquent taxes to a taxing unit of this
5858 state.
5959 (f) Before awarding a grant from the fund [under this
6060 section], the governor shall enter into a written agreement with
6161 the entity to be awarded the grant money. If the entity is awarded a
6262 grant for a purpose described by Subsection (c)(1), the agreement
6363 must specify [specifying] that:
6464 (1) if the governor finds that the grant recipient has
6565 not met each of the performance targets specified in the agreement
6666 as of a date certain provided in the agreement:
6767 (A) the recipient shall repay the grant and any
6868 related interest to the state at the agreed rate and on the agreed
6969 terms;
7070 (B) the governor will not distribute to the
7171 recipient any grant money that remains to be awarded under the
7272 agreement; and
7373 (C) the governor may assess specified penalties
7474 for noncompliance against the recipient;
7575 (2) if all or any portion of the amount of the grant is
7676 used to build a capital improvement, the state may:
7777 (A) retain a lien or other interest in the
7878 capital improvement in proportion to the percentage of the grant
7979 amount used to pay for the capital improvement; and
8080 (B) require the recipient of the grant, if the
8181 capital improvement is sold, to:
8282 (i) repay to the state the grant money used
8383 to pay for the capital improvement, with interest at the rate and
8484 according to the other terms provided by the agreement; and
8585 (ii) share with the state a proportionate
8686 amount of any profit realized from the sale; and
8787 (3) if, as of a date certain provided in the agreement,
8888 the grant recipient has not used grant money awarded under this
8989 section for the purposes for which the grant was intended, the
9090 recipient shall repay that amount and any related interest to the
9191 state at the agreed rate and on the agreed terms.
9292 (k) To encourage the development and location of small
9393 businesses in this state, the governor shall make [consider making]
9494 grants from the fund:
9595 (1) to recipients that are small businesses in this
9696 state that commit to using the grants to create additional jobs;
9797 (2) to recipients that are small businesses from
9898 outside the state that commit to relocate to this state; or
9999 (3) for individual projects that create 100 or fewer
100100 additional jobs.
101101 (m) The office of the governor shall adopt rules for the
102102 operation of the trusteed program established under this section.
103103 The rules must include:
104104 (1) forms and procedures for applications for and the
105105 award of grants;
106106 (2) procedures for evaluating grant applications;
107107 (3) provisions governing the grant agreement process;
108108 (4) methods and procedures for monitoring grant
109109 recipients and projects or activities for which a grant is awarded
110110 from the fund to determine whether and to what extent the grant
111111 recipients comply with job creation performance targets, capital
112112 investment commitments, or other specified performance targets in
113113 the grant agreement, including requirements that grant recipients
114114 provide to the office periodic compliance updates;
115115 (5) document retention requirements for grant
116116 recipients that are consistent with applicable state law; and
117117 (6) conflict of interest provisions to ensure that
118118 persons involved in the operation of the program, including persons
119119 involved in evaluating applications for or awarding grants from the
120120 fund or in monitoring grant recipients or determining compliance
121121 with the terms of grant agreements, do not have a substantial
122122 interest in any grant recipient or grant awarded from the fund.
123123 SECTION 2. Section 481.079(a-1), Government Code, is
124124 amended to read as follows:
125125 (a-1) For grants awarded for a purpose specified by Section
126126 481.078(d-1) or 481.081, the report must include only the amount
127127 and purpose of each grant.
128128 SECTION 3. Subchapter E, Chapter 481, Government Code, is
129129 amended by adding Section 481.081 to read as follows:
130130 Sec. 481.081. TEXAS ENTERPRISE FUND: GRANT FOR UNIVERSITY
131131 RESEARCH DEVELOPMENT WITH PRIVATE SPONSORSHIP. (a) In this
132132 section:
133133 (1) "Fund" means the Texas Enterprise Fund under
134134 Section 481.078.
135135 (2) "Public or private institution of higher
136136 education" means an institution of higher education or a private or
137137 independent institution of higher education as those terms are
138138 defined by Section 61.003, Education Code.
139139 (b) The governor shall provide grants to public or private
140140 institutions of higher education from the fund to supplement other
141141 funding for projects involving the commercialization of
142142 intellectual property or other property derived from research
143143 developed at or through a public or private institution of higher
144144 education. To be eligible for a grant under this section, a project
145145 must be supported by funding provided by one or more private
146146 entities participating in the project, in addition to any funding
147147 provided by the public or private institution of higher education.
148148 (c) The amount of a grant awarded under this section may not
149149 exceed 50 percent of the total amount of investment in the project
150150 provided by the applicable public or private institution of higher
151151 education and the participating private entity or entities.
152152 SECTION 4. Subchapter G, Chapter 404, Government Code, is
153153 amended by adding Section 404.1031 to read as follows:
154154 Sec. 404.1031. MANAGEMENT OF INVESTMENT PORTFOLIO FROM
155155 FORMER TEXAS EMERGING TECHNOLOGY FUND. (a) In this section,
156156 "state's emerging technology investment portfolio" means:
157157 (1) the equity positions in the form of stock or other
158158 security the governor took, on behalf of the state, in companies
159159 that received awards under the former Texas emerging technology
160160 fund; and
161161 (2) any other investments made by the governor, on
162162 behalf of the state, in connection with an award made under the
163163 former Texas emerging technology fund.
164164 (b) The trust company shall manage the state's emerging
165165 technology investment portfolio in a manner that a prudent investor
166166 would employ exercising reasonable care, skill, and caution, taking
167167 into consideration the investment of all assets of the portfolio.
168168 The trust company may recover its reasonable and necessary costs
169169 incurred in the management of the portfolio from the earnings on the
170170 investments in the portfolio.
171171 (c) Any proceeds or other earnings from the sale of stock or
172172 other investments in the state's emerging technology investment
173173 portfolio, less the amount permitted to be retained for payment of
174174 its costs for managing the portfolio as provided by Subsection (b),
175175 shall be remitted by the trust company to the comptroller for
176176 deposit in the general revenue fund.
177177 SECTION 5. Effective September 1, 2016, Subchapter G,
178178 Chapter 404, Government Code, is amended by adding Section 404.1032
179179 to read as follows:
180180 Sec. 404.1032. VALUATION OF INVESTMENTS FROM FORMER FUND;
181181 ANNUAL REPORT. (a) To the maximum extent practicable, the trust
182182 company annually shall perform a valuation of the equity positions
183183 the governor took, on behalf of the state, in companies that
184184 received awards under the former Texas emerging technology fund and
185185 of other investments made by the governor, on behalf of the state,
186186 in connection with an award under that fund. The valuation must be
187187 based on a methodology that is consistent with generally accepted
188188 accounting principles.
189189 (b) Not later than January 31 of each year, the trust
190190 company shall submit to the lieutenant governor, the speaker of the
191191 house of representatives, and the standing committee of each house
192192 of the legislature with primary jurisdiction over economic
193193 development matters and post on the trust company's Internet
194194 website a report of any valuation performed under this section
195195 during the preceding state fiscal year.
196196 SECTION 6. The heading to Chapter 490, Government Code, is
197197 amended to read as follows:
198198 CHAPTER 490. PROVISIONS RELATING TO FORMER TEXAS [FUNDING FOR]
199199 EMERGING TECHNOLOGY FUND
200200 SECTION 7. Sections 490.001(2) and (4), Government Code,
201201 are amended to read as follows:
202202 (2) "Fund" means the former Texas emerging technology
203203 fund.
204204 (4) "Award" means:
205205 (A) for purposes of former Subchapter D, an
206206 investment in the form of equity or a convertible note;
207207 (B) for purposes of former Subchapter E, an
208208 investment in the form of a debt instrument;
209209 (C) for purposes of former Subchapter F, a grant;
210210 or
211211 (D) other forms of contribution or investment as
212212 recommended by the former Texas Emerging Technology Advisory
213213 Committee [committee] and approved by the governor, lieutenant
214214 governor, and speaker of the house of representatives before
215215 amendment of this chapter by the 84th Legislature, Regular Session,
216216 2015.
217217 SECTION 8. The heading to Section 490.005, Government Code,
218218 is amended to read as follows:
219219 Sec. 490.005. REPORT ON AWARDS FROM FORMER FUND [ANNUAL
220220 REPORT].
221221 SECTION 9. Section 490.005, Government Code, is amended by
222222 amending Subsections (a) and (b) and adding Subsection (d) to read
223223 as follows:
224224 (a) Not later than January 31, 2016 [of each year], the
225225 governor shall submit to the lieutenant governor, the speaker of
226226 the house of representatives, and the standing committee of each
227227 house of the legislature with primary jurisdiction over economic
228228 development matters and post on the office of the governor's
229229 Internet website a report that includes for each preceding state
230230 fiscal year the following information regarding awards made under
231231 the fund [during each preceding state fiscal year]:
232232 (1) the total number and amount of awards made;
233233 (2) the number and amount of awards made under former
234234 Subchapters D, E, and F;
235235 (3) the aggregate total of private sector investment,
236236 federal government funding, and contributions from other sources
237237 obtained in connection with awards made under each of the
238238 subchapters listed in Subdivision (2);
239239 (4) the name of each award recipient and the amount of
240240 the award made to the recipient; and
241241 (5) a brief description of the equity position that
242242 the governor, on behalf of the state, has taken [may take] in
243243 companies that received [receiving] awards and the names of the
244244 companies in which the state has taken an equity position.
245245 (b) The [annual] report must also contain:
246246 (1) the total number of jobs actually created by each
247247 project that received an award from the fund [receiving funding
248248 under this chapter];
249249 (2) an analysis of the number of jobs actually created
250250 by each project that received an award from the fund [receiving
251251 funding under this chapter]; and
252252 (3) a brief description regarding:
253253 (A) the methodology used to determine the
254254 information provided under Subdivisions (1) and (2), which may be
255255 developed in consultation with the comptroller's office;
256256 (B) the intended outcomes of projects funded
257257 under former Subchapter D [during each preceding state fiscal
258258 year]; and
259259 (C) the actual outcomes of all projects funded
260260 under former Subchapter D [during each preceding state fiscal
261261 year], including any financial impact on the state resulting from a
262262 liquidity event involving a company whose project was funded under
263263 that subchapter.
264264 (d) This section expires September 1, 2017.
265265 SECTION 10. Effective September 1, 2016, Subchapter A,
266266 Chapter 490, Government Code, is amended by adding Section 490.0051
267267 to read as follows:
268268 Sec. 490.0051. ANNUAL REPORT ON PROJECTS FUNDED; JOB
269269 CREATION AND OUTCOMES. (a) Not later than January 31 of each year,
270270 the governor shall submit to the lieutenant governor, the speaker
271271 of the house of representatives, and the standing committee of each
272272 house of the legislature with primary jurisdiction over economic
273273 development matters and post on the office of the governor's
274274 Internet website a report that contains for each preceding state
275275 fiscal year the following information regarding awards made under
276276 the fund:
277277 (1) the total number of jobs actually created by each
278278 project that received an award from the fund;
279279 (2) an analysis of the number of jobs actually created
280280 by each project that received an award from the fund; and
281281 (3) a brief description regarding:
282282 (A) the methodology used to determine the
283283 information provided under Subdivisions (1) and (2), which may be
284284 developed in consultation with the comptroller's office;
285285 (B) the intended outcomes of all projects funded
286286 under former Subchapter D; and
287287 (C) the actual outcomes of all projects funded
288288 under former Subchapter D, including any financial impact on the
289289 state resulting from a liquidity event involving a company whose
290290 project was funded under that subchapter.
291291 (b) The governor shall exclude from the report information
292292 that is made confidential by law.
293293 (c) This section expires September 1, 2030.
294294 SECTION 11. Section 490.006, Government Code, is amended to
295295 read as follows:
296296 Sec. 490.006. VALUATION OF INVESTMENTS; [INCLUSION IN]
297297 ANNUAL REPORT. (a) To the maximum extent practicable, the office
298298 of the governor shall annually perform a valuation of the equity
299299 positions taken by the governor, on behalf of the state, in
300300 companies that received [receiving] awards under the fund and of
301301 other investments made by the governor, on behalf of the state, in
302302 connection with an award under the fund. The valuation must[:
303303 [(1)] be based on a methodology that:
304304 (1) [(A)] may be developed in consultation with the
305305 comptroller's office; and
306306 (2) [(B)] is consistent with generally accepted
307307 accounting principles[; and
308308 [(2) be included with the annual report required under
309309 Section 490.005].
310310 (b) Except as provided by Subsection (c), not later than
311311 January 31, 2016, the governor shall submit to the lieutenant
312312 governor, the speaker of the house of representatives, and the
313313 standing committee of each house of the legislature with primary
314314 jurisdiction over economic development matters and post on the
315315 office of the governor's Internet website a report of any valuation
316316 performed under this section during the preceding state fiscal
317317 year.
318318 (c) A valuation performed for the state fiscal year ending
319319 August 31, 2015, must be included with the report required under
320320 Section 490.005.
321321 (d) This section expires September 1, 2016.
322322 SECTION 12. The heading to Subchapter B, Chapter 490,
323323 Government Code, is amended to read as follows:
324324 SUBCHAPTER B. MISCELLANEOUS PROVISIONS [TEXAS EMERGING TECHNOLOGY
325325 ADVISORY COMMITTEE]
326326 SECTION 13. Section 490.057, Government Code, is amended to
327327 read as follows:
328328 Sec. 490.057. CONFIDENTIALITY. (a) Except as provided by
329329 Subsection (b), information collected by the governor's office, the
330330 former Texas Emerging Technology Advisory Committee [committee],
331331 or the committee's advisory panels concerning the identity,
332332 background, finance, marketing plans, trade secrets, or other
333333 commercially or academically sensitive information of an
334334 individual or entity that was [being] considered for or [,
335335 receiving, or having] received an award from the fund is
336336 confidential unless the individual or entity consents to disclosure
337337 of the information.
338338 (b) The following information collected by the governor's
339339 office, the former Texas Emerging Technology Advisory Committee
340340 [committee], or the committee's advisory panels under this chapter
341341 is public information and may be disclosed under Chapter 552:
342342 (1) the name and address of an individual or entity
343343 that [receiving or having] received an award from the fund;
344344 (2) the amount of funding received by an award
345345 recipient;
346346 (3) a brief description of the project [that is]
347347 funded under this chapter;
348348 (4) if applicable, a brief description of the equity
349349 position that the governor, on behalf of the state, has taken in an
350350 entity that [has] received an award from the fund; and
351351 (5) any other information designated by the committee
352352 with the consent of:
353353 (A) the individual or entity that [receiving or
354354 having] received an award from the fund[, as applicable];
355355 (B) the governor;
356356 (C) the lieutenant governor; and
357357 (D) the speaker of the house of representatives.
358358 SECTION 14. Section 50D.013(a), Agriculture Code, is
359359 amended to read as follows:
360360 (a) The policy council shall:
361361 (1) provide a vision for unifying this state's
362362 agricultural, energy, and research strengths in a successful launch
363363 of a cellulosic biofuel and bioenergy industry;
364364 (2) foster development of cellulosic-based and
365365 bio-based fuels and build on the former Texas emerging technology
366366 fund's investments in leading-edge energy research and efforts to
367367 commercialize the production of bioenergy;
368368 (3) pursue the creation of a next-generation biofuels
369369 energy research program at a university in this state;
370370 (4) work to procure federal and other funding to aid
371371 this state in becoming a bioenergy leader;
372372 (5) study the feasibility and economic development
373373 effect of a blending requirement for biodiesel or cellulosic fuels;
374374 (6) pursue the development and use of thermochemical
375375 process technologies to produce alternative chemical feedstocks;
376376 (7) study the feasibility and economic development of
377377 the requirements for pipeline-quality, renewable natural gas; and
378378 (8) perform other advisory duties as requested by the
379379 commissioner regarding the responsible development of bioenergy
380380 resources in this state.
381381 SECTION 15. Section 203.021(e), Labor Code, is amended to
382382 read as follows:
383383 (e) Money in the compensation fund may not be transferred to
384384 the[:
385385 [(1)] Texas Enterprise Fund created under Section
386386 481.078, Government Code[; or
387387 [(2) Texas emerging technology fund established under
388388 Section 490.101, Government Code].
389389 SECTION 16. The following laws are repealed:
390390 (1) Sections 490.001(1), (3), and (5), Government
391391 Code;
392392 (2) Sections 490.002 and 490.003, Government Code;
393393 (3) Sections 490.051, 490.052, 490.0521, 490.053,
394394 490.054, 490.055, and 490.056, Government Code; and
395395 (4) Subchapters C, D, E, F, and G, Chapter 490,
396396 Government Code.
397397 SECTION 17. (a) On September 1, 2015, the Texas emerging
398398 technology fund is abolished. Any unencumbered balance of the fund
399399 may be appropriated only to any of the following:
400400 (1) the Texas Research Incentive Program (TRIP) under
401401 Subchapter F, Chapter 62, Education Code;
402402 (2) the Texas research university fund, subject to
403403 Subsection (b) of this section; and
404404 (3) the comptroller for the purposes of expenses
405405 incurred in managing the state's portfolio of equity positions and
406406 other investments in connection with awards from the former Texas
407407 emerging technology fund in accordance with Section 404.1031,
408408 Government Code, as added by this Act.
409409 (b) The authority of the Texas research university fund to
410410 receive the appropriation described by Subsection (a) of this
411411 section is contingent on passage and enactment of H.B. 1000, or
412412 similar legislation relating to state support for general academic
413413 teaching institutions in this state by the 84th Legislature,
414414 Regular Session, 2015, that renames the existing Texas competitive
415415 knowledge fund and changes the purposes for which the fund can be
416416 used.
417417 (c) The abolishment by this Act of the Texas emerging
418418 technology fund and the repeal of provisions of Chapter 490,
419419 Government Code, relating to that fund do not affect the validity of
420420 an agreement between the governor and an award recipient or a person
421421 to be awarded money that is entered into under Chapter 490 before
422422 September 1, 2015.
423423 (d) Money that was deposited in the Texas emerging
424424 technology fund as a gift, grant, or donation under Chapter 490,
425425 Government Code, and that is encumbered by the specific terms of the
426426 gift, grant, or donation may be spent only in accordance with the
427427 terms of the gift, grant, or donation.
428428 (e) Money from the Texas emerging technology fund that is
429429 encumbered because the money is awarded or otherwise obligated by
430430 agreement before September 1, 2015, but under the terms of the award
431431 or agreement will not be distributed until a later date shall be
432432 distributed in accordance with the terms of the award or agreement.
433433 If the governor determines that the money will not be distributed in
434434 accordance with the terms of the award or agreement, the governor
435435 shall certify that fact to the comptroller. On that certification,
436436 the comptroller shall make that money available in the general
437437 revenue fund to be used in accordance with legislative
438438 appropriation.
439439 (f) On or after the effective date of this Act, subject to
440440 any amounts used to recover costs under Section 404.1031(b),
441441 Government Code, as added by this Act, the following payments or
442442 other amounts shall be sent to the comptroller for deposit to the
443443 general revenue fund to be used in accordance with legislative
444444 appropriation:
445445 (1) any royalties, revenues, and other financial
446446 benefits realized from a project undertaken with money from the
447447 Texas emerging technology fund, as provided by a contract described
448448 by former Section 490.103, Government Code;
449449 (2) any interest or proceeds received as a result of a
450450 transaction authorized by former Section 490.101(h), Government
451451 Code;
452452 (3) any money returned or repaid to the state by an
453453 award recipient pursuant to an agreement entered into under former
454454 Section 490.101, Government Code;
455455 (4) any money derived from an interest the state
456456 retained in a capital improvement pursuant to an agreement entered
457457 into under former Section 490.101, Government Code; and
458458 (5) any fund money returned by an entity that fails to
459459 perform an action guaranteed by a contract entered into under
460460 former Section 490.154 or 490.203, Government Code.
461461 SECTION 18. A regional center of innovation and
462462 commercialization established under Section 490.152, Government
463463 Code, is abolished on the effective date of this Act. Each center
464464 shall transfer to the office of the governor a copy of any meeting
465465 minutes required to be retained under Section 490.1521, Government
466466 Code, as that section existed immediately before that section's
467467 repeal by this Act, and the office shall retain the minutes for the
468468 period prescribed by that section.
469469 SECTION 19. On September 1, 2015, the Texas Emerging
470470 Technology Advisory Committee established under Subchapter B,
471471 Chapter 490, Government Code, is abolished.
472472 SECTION 20. Except as provided by this Act, on September 1,
473473 2015, the following powers, duties, functions, and activities
474474 performed by the office of the governor immediately before that
475475 date are transferred to the Texas Treasury Safekeeping Trust
476476 Company:
477477 (1) all powers, duties, functions, and activities
478478 related to equity positions in the form of stock or other security
479479 the governor has taken, on behalf of the state, in companies that
480480 received awards under the Texas emerging technology fund before
481481 September 1, 2015; and
482482 (2) all powers, duties, functions, and activities
483483 related to other investments made by the governor, on behalf of the
484484 state, in connection with an award made under the Texas emerging
485485 technology fund before September 1, 2015.
486486 SECTION 21. If a conflict exists between this Act and
487487 another Act of the 84th Legislature, Regular Session, 2015, that
488488 relates to the Texas emerging technology fund, this Act controls
489489 without regard to the relative dates of enactment.
490490 SECTION 22. Except as otherwise provided by this Act, this
491491 Act takes effect September 1, 2015.