H.B. No. 1515
AN ACT
relating to the continuation and functions of and certain programs
subject to rules adopted by the Texas Economic Development and
Tourism Office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.003, Government Code, is amended to
read as follows:
Sec. 481.003. SUNSET PROVISION. The Texas Economic
Development and Tourism Office is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the office is abolished [and this chapter expires]
September 1, 2035 [2023].
SECTION 2. Section 481.0066, Government Code, is amended by
amending Subsection (d) and adding Subsection (f) to read as
follows:
(d) The aerospace and aviation office shall:
(1) analyze space-related and aviation-related
research currently conducted in this state and may conduct
activities designed to further that research;
(2) analyze the state's economic position in the
aerospace and aviation industries;
(3) develop short-term and long-term business
strategies as part of an industry-specific strategic plan to
promote the retention, development, and expansion of aerospace and
aviation industry facilities in the state that is consistent with
and complementary of the office strategic plan;
(4) [make specific recommendations to the legislature
and the governor regarding the promotion of those industries;
[(5)] as part of and to further the purposes of the
industry-specific strategic plan described by Subdivision (3),
develop short-term and long-term policy initiatives or recommend
reforms the state may undertake or implement to:
(A) increase investment in aerospace and
aviation activities;
(B) support the retention, development, and
expansion of spaceports in this state;
(C) identify and encourage educational,
economic, and defense-related opportunities for aerospace and
aviation activities;
(D) determine the appropriate level of funding
for the spaceport trust fund created under Section 481.0069 and
support ongoing projects that have been assisted by the fund,
including recommending to the legislature an appropriate funding
level for the fund;
(E) partner with the Texas Higher Education
Coordinating Board to foster technological advancement and
economic development for spaceport activities by strengthening
higher education programs and supporting aerospace activities; and
(F) partner with the Texas Workforce Commission
to support initiatives that address the high technology skills and
staff resources needed to better promote the state's efforts in
becoming the leading space exploration state in the nation;
(5) [(6)] act as a liaison with other state and
federal entities with related economic, educational, and defense
responsibilities to support the marketing of the state's aerospace
and aviation capabilities;
(6) [(7)] provide technical support and expertise to
the state and to local spaceport authorities regarding aerospace
and aviation business matters; and
(7) [(8)] be responsible for the promotion and
development of spaceports in this state.
(f) Chapter 2110 does not apply to the size, composition, or
duration of the aerospace and aviation advisory committee.
SECTION 3. Section 481.00681, Government Code, is amended
by adding Subsection (i) to read as follows:
(i) Chapter 2110 does not apply to the size, composition, or
duration of the task force.
SECTION 4. Subchapter B, Chapter 481, Government Code, is
amended by adding Section 481.0211 to read as follows:
Sec. 481.0211. ADVISORY COMMITTEES. (a) The office by rule
may establish advisory committees to make recommendations to the
office on programs, rules, and policies administered by the office.
(b) In establishing an advisory committee under this
section, the office shall adopt rules, including rules regarding:
(1) the purpose, role, responsibility, goals, and
duration of the committee;
(2) the size of and quorum requirement for the
committee;
(3) qualifications for committee membership;
(4) appointment procedures for members;
(5) terms of service for members;
(6) training requirements for members;
(7) policies to avoid conflicts of interest by
committee members;
(8) a periodic review process to evaluate the
continuing need for the committee; and
(9) policies to ensure the committee does not violate
any provisions of Chapter 551 applicable to the office or the
committee.
SECTION 5. Section 481.022, Government Code, is amended to
read as follows:
Sec. 481.022. GENERAL DUTIES OF OFFICE. The office shall:
(1) market and promote the state as a premier business
location and tourist destination;
(2) facilitate the location, expansion, and retention
of domestic and international business investment to the state;
(3) promote and administer business and community
economic development programs and services in the state, including
business incentive programs;
(4) provide to businesses and communities in the state
assistance with exporting products and services to international
markets;
(5) serve as a central source of economic research and
information; [and]
(6) establish a statewide strategy to address economic
growth and quality of life issues, a component of which is based on
the identification and development of industry clusters; and
(7) develop a plan to engage with stakeholders to
gather input and solicit feedback on the development of rules
promulgated by the office related to lending programs, including
participant selection, requirements for borrowers, terms of loans,
requirements for disbursement of funds, and other aspects of
program administration.
SECTION 6. Section 481.172, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) A memorandum of understanding entered into under
Subsection (a)(8) shall provide that the office may:
(1) strategically direct and redirect each agency's
tourism priorities and activities to:
(A) most effectively meet consumer demands and
emerging travel trends, as established by the latest market
research; and
(B) minimize duplication of efforts and realize
cost savings through economies of scale;
(2) require each agency to submit to the office for
advance approval:
(A) resources, activities, and materials related
to the promotion of tourism proposed to be provided by the agency;
(B) a biennial plan of action for the agency's
proposed tourism activities [, not later than June 1 of each year,]
that includes:
(i) priorities identified by the agency
that must include marketing, product development, and program
development;
(ii) the agency's proposed budget for
tourism activities; and
(iii) measurable goals and objectives of
the agency related to the promotion of tourism; and
(C) any proposed marketing message, material,
logo, slogan, or other communication to be used by the agency in its
tourism-related efforts, to assist the office in coordinating
tourism-related efforts conducted in this state by the agency and
the office and conducted outside of this state by the office;
(3) direct the development of a biennial [an annual]
strategic tourism plan, including a marketing plan, to increase
travel to this state, that:
(A) provides the most effective and efficient
expenditure of state funds for in-state marketing activities
conducted by the agencies and encouraged by the office and
out-of-state marketing activities conducted by the office;
(B) establishes goals, objectives, and
performance measures, including the measurement of the return on
the investment made by an agency or the office, for the
tourism-related efforts of all state agencies; and
(C) is developed not later than December
[September] 1 of each even-numbered year; and
(4) direct the agencies to share costs related to
administrative support for the state's tourism activities.
(b-1) The office may, using the input of each agency that is
a party to a memorandum of understanding under Subsection (a)(8),
establish procedures for the submission of the plan required under
Subsection (b)(2)(B).
SECTION 7. Section 481.406, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The office shall by rule develop:
(1) procedures for disbursement of money to borrowers
and lending partners for access to capital programs; and
(2) documentation and recovery effort requirements of
a participating partner for a claim against a reserve account.
SECTION 8. Section 489.105(b), Government Code, is amended
to read as follows:
(b) The fund consists of:
(1) appropriations for the implementation and
administration of this chapter;
(2) [investment earnings under the original capital
access fund established under Section 481.402;
[(3)] fees charged under Subchapter BB, Chapter 481;
(3) [(4)] interest earned on the investment of money
in the fund;
(4) [(5)] fees charged under this chapter;
(5) [(6)] investment earnings from the programs
administered by the bank;
(6) [(7)] amounts transferred under Section
2303.504(b)[, as amended by Article 2, Chapter 1134, Acts of the
77th Legislature, Regular Session, 2001];
(7) [(8)] investment earnings under the Texas product
development fund under Section 489.211;
(8) [(9)] investment earnings under the Texas small
business incubator fund under Section 489.212; and
(9) [(10)] any other amounts received by the state
under this chapter.
SECTION 9. Section 489.107, Government Code, is amended to
read as follows:
Sec. 489.107. ANNUAL REPORT. (a) On or before January 1 of
each year, the office shall submit to the legislature an annual
status report on the activities of the bank.
(b) The report under Subsection (a) must include for each
program administered by the office:
(1) the number of grants, loans, and designations
awarded in the previous fiscal year;
(2) the total number of grants, loans, and
designations awarded by the bank;
(3) the amount in dollars of all grants, loans, and
designations described by Subdivisions (1) and (2);
(4) the number of applications received in the
previous fiscal year;
(5) the number of outstanding loans and designations;
(6) a summary of each outstanding loan and
designation, including the amount outstanding and the terms of the
loan or designation;
(7) the balance of each program's fund and any reserve
account; and
(8) any challenges in administering each program,
including any proposals for statutory changes that would address
the challenges.
(c) For the small business disaster recovery loan program,
the report must include a general description of each small
business for which an applicant was awarded a loan from the fund
during the preceding fiscal year.
(d) In preparing the report under Subsection (a), the office
shall remove any identifying information pertaining to program
participants.
SECTION 10. Sections 489.211(a) and (b), Government Code,
are amended to read as follows:
(a) The Texas product development fund is a [revolving] fund
in the state treasury.
(b) The product fund is composed of proceeds of bonds issued
under this subchapter, financing application fees, loan
repayments, guarantee fees, royalty receipts, dividend income,
money appropriated by the legislature for authorized purposes of
the product fund, amounts received by the state from loans, loan
guarantees, and equity investments made under this subchapter,
amounts received by the state from federal grants or other sources,
[amounts transferred from the original capital access fund under
Section 481.415,] and any other amounts received under this
subchapter and required by the bank to be deposited in the product
fund. The product fund contains a program account, an interest and
sinking account, and other accounts that the bank authorizes to be
created and maintained. Money in the product fund is available for
use by the bank [board] under this subchapter. Investment earnings
under the product fund must be transferred to the fund created under
Section 489.105. Notwithstanding any other provision of this
subchapter, any money in the product fund may be used for debt
service, bond redemption, or any costs associated with debt service
or bond redemption.
SECTION 11. Sections 489.212(a) and (b), Government Code,
are amended to read as follows:
(a) The Texas small business incubator fund is a [revolving]
fund in the state treasury.
(b) The small business fund is composed of proceeds of bonds
issued under this subchapter, financing application fees, loan
repayments, guarantee fees, royalty receipts, dividend income,
money appropriated by the legislature for authorized purposes of
the small business fund, amounts received by the state from loans,
loan guarantees, and equity investments made under this subchapter,
amounts received by the state from federal grants or other sources,
[amounts transferred from the original capital access fund under
Section 481.415,] and any other amounts received under this
subchapter and required by the bank to be deposited in the small
business fund. The small business fund contains a project account,
an interest and sinking account, and other accounts that the bank
authorizes to be created and maintained. Money in the small
business fund is available for use by the bank [board] under this
subchapter. Investment earnings under the small business fund
must be transferred to the fund created under Section
489.105. Notwithstanding any other provision of this subchapter,
any money in the small business fund may be used for debt service,
bond redemption, or any costs associated with debt service or bond
redemption.
SECTION 12. Section 489.215(b), Government Code, is amended
to read as follows:
(b) This section applies to information in any form provided
by or on behalf of an applicant for financing or a recipient of
financing under this subchapter, including information contained
in, accompanying, or derived from any application or report, that
relates to a product, to the development, application, manufacture,
or use of a product, or to the markets, market prospects, or
marketing of a product and that is proprietary information of
actual or potential commercial value to the applicant or recipient
that has not been disclosed to the public. Confidential
information includes scientific and technological information,
including computer programs and software, and marketing and
business operation information, regardless of whether the product
to which the information relates is patentable or capable of being
registered under copyright or trademark laws or has a potential for
being sold, traded, or licensed for a fee. This section does not
make confidential information in an account, voucher, or contract
relating to the receipt or expenditure of public funds by the bank,
board, or the department or its successor under this subchapter.
This section applies to any information collected in winding up the
product development and small business incubator program
investment portfolio under Subchapter D-1.
SECTION 13. Chapter 489, Government Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. WINDING UP OF PRODUCT DEVELOPMENT AND SMALL
BUSINESS INCUBATOR PROGRAM
Sec. 489.221. MANAGEMENT OF INVESTMENT PORTFOLIO; WINDING
UP AND FINAL LIQUIDATION. (a) In this section, "product
development and small business incubator program investment
portfolio" means:
(1) the equity positions in the form of stock or other
security the bank took, on behalf of the state, in companies that
received financing under the product development and small business
incubator program; and
(2) any other investments made by the bank, on behalf
of the state, and associated assets in connection with financing
made under the product development and small business incubator
program.
(b) The bank shall manage and wind up the product
development and small business incubator program investment
portfolio, including revenues and associated assets from financing
and defaults on financing, in a manner that, to the extent feasible,
provides for the maximum return on the state's investment. In
managing those investments and associated assets through
procedures and subject to restrictions that the bank considers
appropriate, the bank may acquire, exchange, sell, supervise,
manage, or retain any kind of investment or associated assets that a
prudent investor, exercising reasonable care, skill, and caution,
would acquire or retain in light of the purposes, terms,
distribution requirements, and other circumstances then prevailing
pertinent to each investment or associated asset. The bank may
recover its reasonable and necessary costs incurred in the
management of the portfolio, including costs incurred in the
retaining of professional or technical advisors, from the earnings
on the investments in the portfolio.
(c) On completion of the winding up process under Subsection
(b), the bank shall deposit any remaining investment earnings to
the credit of the Texas economic development bank fund, as required
under Sections 489.211 and 489.212.
(d) The bank has any power necessary to accomplish the
purposes of this section.
SECTION 14. Section 2303.003(7), Government Code, is
amended to read as follows:
(7) "Qualified employee" means a person who:
(A) is a resident of this state;
(B) works for a qualified business;
(C) [(B)] receives wages from the qualified
business from which employment taxes are deducted; and
(D) meets one of the following qualifications:
(i) the person [(C)] performs at least 50
percent of the person's service for the business at the qualified
business site;
(ii) [, or] if the person engages in the
transportation of goods or services, the person reports to the
qualified business site and resides within 50 miles of the
qualified business site; or
(iii) if the person engages in services
off-site, the person is assigned to the qualified business site and
resides within 25 miles of the qualified business site.
SECTION 15. Section 2303.4052, Government Code, is amended
to read as follows:
Sec. 2303.4052. REQUIRED INFORMATION FROM NOMINATING BODY.
(a) Before nominating the project or activity of a qualified
business for designation as an enterprise project, the nominating
body must submit to the bank:
(1) a certified copy of the ordinance or order, as
appropriate, or reference to an ordinance or order as required by
Section 2303.4051;
(2) a certified copy of the minutes of all public
hearings conducted with respect to local incentives available to
qualified businesses within the jurisdiction of the governmental
entity nominating the project or activity, regardless of whether
those businesses are located in an enterprise zone;
(3) the name, title, address, telephone number, and
electronic mail address of the nominating body's liaison designated
under Section 2303.204;
(4) if the business is seeking job retention benefits,
documentation showing the number of employment positions at the
qualified business site;
(5) any interlocal agreement required under Section
2303.004(c) that states:
(A) which governing body has the administration
authority under Section 2303.201; and
(B) that both the county in which the project or
activity is located and the municipality in whose jurisdiction the
project or activity is located approve the nomination of the
project or activity; and
(6) any additional information the bank may require.
(b) The nominating body may electronically submit in a
manner prescribed by the bank a digital scan of a certified copy of
the documentation required by Subsections (a)(1) and (2).
SECTION 16. The following provisions of the Government Code
are repealed:
(1) Sections 481.0066(d-1) and (d-2);
(2) Section 481.401(6-a);
(3) Sections 481.406(b) and (c);
(4) Sections 481.402, 481.404, 481.405, 481.407,
481.408, 481.409, 481.410, 481.412(a), 481.415, 481.458, 481.609,
and 489.307; and
(5) Sections 489.201, 489.202, 489.203, 489.204,
489.205, 489.206, 489.207, 489.208, 489.209, 489.210, 489.211(c),
489.212(c), 489.213, 489.214, 489.215(c), 489.216, and 489.217.
SECTION 17. Not later than December 1, 2024, the Texas
Economic Development and Tourism Office shall submit the first
biennial strategic tourism plan required by Section 481.172(b)(3),
Government Code, as amended by this Act.
SECTION 18. A member of an advisory committee repealed by
this Act may be reappointed to serve as a member of a new advisory
committee established under Section 481.0211, Government Code, as
added by this Act.
SECTION 19. (a) Except as provided by Subsection (b) of
this section, Section 2303.003, Government Code, as amended by this
Act, applies to an application for an enterprise project
designation under the enterprise zone program under Chapter 2303,
Government Code, as amended by this Act, that is submitted on or
after the effective date of this Act. An application for an
enterprise project designation under the enterprise zone program
that is submitted before the effective date of this Act is governed
by the law in effect on the date the application was submitted, and
the former law is continued in effect for that purpose.
(b) Section 2303.003(7)(D), Government Code, as added by
this Act, applies to an enterprise project that is under audit or
subject to audit by the comptroller of public accounts on or after
the effective date of this Act.
SECTION 20. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1515 was passed by the House on April
14, 2023, by the following vote: Yeas 132, Nays 12, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1515 on May 25, 2023, by the following vote: Yeas 121, Nays 21,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1515 was passed by the Senate, with
amendments, on May 17, 2023, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor