Texas 2023 - 88th Regular

Texas House Bill HB2466 Compare Versions

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1	1	By: Button, et al. (Senate Sponsor - West) H.B. No. 2466
2	2	(In the Senate - Received from the House April 26, 2023;
3	3	April 27, 2023, read first time and referred to Committee on
4	4	Natural Resources & Economic Development; May 19, 2023, reported
5	5	adversely, with favorable Committee Substitute by the following
6	6	vote: Yeas 8, Nays 0; May 19, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 2466 By: Hughes
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the creation of the Texas technology and innovation
14	14	program.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Chapter 489, Government Code, is amended by
17	17	adding Subchapter G to read as follows:
18	18	SUBCHAPTER G. TEXAS TECHNOLOGY AND INNOVATION PROGRAM
19	19	Sec. 489.351. DEFINITIONS. In this subchapter:
20	20	(1) "Federal funding program" means the small business
21	21	innovation research and small business technology transfer
22	22	programs established by 15 U.S.C. Section 638.
23	23	(2) "Program" means the Texas technology and
24	24	innovation program established under this subchapter.
25	25	Sec. 489.352. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
26	26	The office shall establish and administer the Texas technology and
27	27	innovation program to foster job creation and economic development
28	28	in this state by matching or supplementing money received by a
29	29	business entity through the federal funding program.
30	30	Sec. 489.353. ELIGIBILITY. To be eligible to receive money
31	31	under the program, a business entity must:
32	32	(1) meet at least one of the following conditions:
33	33	(A) be organized under the laws of this state;
34	34	(B) maintain a domestic headquarters in this
35	35	state;
36	36	(C) maintain at least one manufacturing facility
37	37	in this state; or
38	38	(D) have more than half of the entity's employees
39	39	residing in this state;
40	40	(2) meet all requirements to receive money under the
41	41	federal funding program;
42	42	(3) not receive concurrent funding from another state
43	43	program or fund that serves the same purpose as the program; and
44	44	(4) meet any additional requirements under this
45	45	subchapter for the applicable phase under which the business entity
46	46	applies to receive money.
47	47	Sec. 489.354. APPLICATION. (a) A business entity may apply
48	48	to receive money under the program by submitting an application
49	49	under oath to the office on a form prescribed by the office. The
50	50	application must include:
51	51	(1) the business entity's name;
52	52	(2) the business entity's business organization
53	53	structure;
54	54	(3) the business entity's address and any principals
55	55	listed at a different address;
56	56	(4) certification of the information required under
57	57	Section 489.353; and
58	58	(5) any other information required by the office.
59	59	(b) In addition to the requirements of Subsection (a), a
60	60	business entity must provide to the office, as applicable:
61	61	(1) for "phase zero" or a similar stage of the federal
62	62	funding program process, a notification of receipt for an
63	63	application for funding under the federal funding program;
64	64	(2) for "phase one" or a similar stage of the federal
65	65	funding program process:
66	66	(A) a notice of award to the entity from a funding
67	67	agency under the federal funding program;
68	68	(B) a final report for the applicable stage as
69	69	required by the federal funding program; and
70	70	(C) a proposal for money under the next stage of
71	71	the federal funding program; and
72	72	(3) for "phase two" or a similar stage of the federal
73	73	funding program process:
74	74	(A) a notice of award to the entity from a funding
75	75	agency under the federal funding program; and
76	76	(B) a final report for the applicable stage as
77	77	required by the federal funding program.
78	78	Sec. 489.355. AWARD OF GRANT; LIMITATIONS. (a) The office
79	79	may award a "phase zero" grant under this subchapter immediately on
80	80	fulfillment of the requirements under Section 489.354(b)(1).
81	81	(b) The office may award a "phase one" grant under this
82	82	subchapter immediately on fulfillment of the requirements under
83	83	Section 489.354(b)(2).
84	84	(c) The office may award a "phase two" grant under this
85	85	subchapter immediately on fulfillment of the requirements under
86	86	Section 489.354(b)(3).
87	87	(d) A business entity may assign a grant received under this
88	88	subchapter only with the prior written consent of the office.
89	89	(e) A business entity may not receive more than:
90	90	(1) one grant in each state fiscal year; and
91	91	(2) five grants in each phase under this section.
92	92	(f) The office may not award more than $10 million in grants
93	93	under this subchapter in a single state fiscal biennium.
94	94	Sec. 489.356. FUNDING. (a) The office shall award grants
95	95	as provided by this subchapter from available money and any
96	96	additional money appropriated for purposes of this subchapter.
97	97	(b) The office may solicit and receive gifts, grants, and
98	98	donations from any source to provide additional funding for grants
99	99	awarded under this subchapter.
100	100	Sec. 489.357. TEXAS TECHNOLOGY AND INNOVATION TRUST FUND.
101	101	(a) In this section, "fund" means the Texas technology and
102	102	innovation trust fund established under this section.
103	103	(b) The Texas technology and innovation trust fund is
104	104	created as a trust fund within the treasury and shall be
105	105	administered by the office.
106	106	(c) The fund consists of:
107	107	(1) gifts, grants, and donations to the office
108	108	received under this subchapter; and
109	109	(2) money from any other source designated by the
110	110	legislature.
111	111	(d) Money in the fund may not be spent unless the office
112	112	certifies to the comptroller that a business entity qualifies for a
113	113	grant awarded under this subchapter.
114	114	(e) Money in the fund may be used only for a grant awarded
115	115	under Section 489.355(b) or (c).
116	116	SECTION 2. As soon as practicable after the effective date
117	117	of this Act, the Texas Economic Development and Tourism Office
118	118	shall adopt the rules necessary to implement Subchapter G, Chapter
119	119	489, Government Code, as added by this Act.
120	120	SECTION 3. (a) Notwithstanding any other section of this
121	121	Act, in a state fiscal year, the Texas Economic Development and
122	122	Tourism Office is not required to implement a provision found in
123	123	another section of this Act that is drafted as a mandatory provision
124	124	imposing a duty on the office to take an action unless money is
125	125	specifically appropriated to the office for that fiscal year to
126	126	carry out that duty. The Texas Economic Development and Tourism
127	127	Office may implement the provision in that fiscal year to the extent
128	128	other funding is available to the office to do so.
129	129	(b) If, as authorized by Subsection (a) of this section, the
130	130	Texas Economic Development and Tourism Office does not implement
131	131	the mandatory provision in a state fiscal year, the office, in its
132	132	legislative budget request for the next state fiscal biennium,
133	133	shall certify that fact to the Legislative Budget Board and include
134	134	a written estimate of the costs of implementing the provision in
135	135	each year of that next state fiscal biennium.
136	136	SECTION 4. This Act takes effect September 1, 2023.
137	137	* * * * *