By: Bonnen H.B. No. 3447
A BILL TO BE ENTITLED
AN ACT
relating to the creation, management and administration of the
Texas Space Commission and the Texas Aerospace Research and Space
Economy Consortium.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 481, Government Code, is amended by
adding Subchapter EE to read as follows:
SUBCHAPTER EE. TEXAS SPACE COMMISSION
Sec. 481.505. TEXAS SPACE COMMISSION; ESTABLISHMENT. The
Texas Space Commission is established to strengthen the state's
proven leadership in civil, commercial, and military aerospace
activity. The goal of the commission is to promote innovation in
the field of space operations and commercial aerospace
opportunities, including the integration of space, aeronautics,
and aviation industries into the Texas economy.
Sec. 481.506. COMMISSION BOARD OF DIRECTORS
(a) The Commission shall be governed by a nine-member
independent board of directors that consists of:
(1) 5 members appointed by the governor;
(2) 2 members appointed by the lieutenant governor; and
(3) 2 members appointed by the speaker of the house of
representatives.
(b) In making appointments under Subsection (a), priority
shall be given to individuals with experience in commercial
aerospace, civil aviation, military aerospace, space economic
development, and space-related academic research. The governor,
lieutenant governor, and speaker of the house of representatives
shall coordinate to ensure at least one representative is appointed
from each of the following entities:
(1) the United States military;
(2) the National Aeronautics and Space Administration;
(3) a commercial spaceflight operator with a presence in the
state of Texas; and
(4) a designee of the Texas Aerospace Research and Space
Economy Consortium established under Chapter 61, Education Code.
(c) Board members serve for a two-year term upon
appointment. Board members are eligible to be reappointed upon
completion of their two-year term. A vacancy on the commission
shall be filled in the same manner as the original appointment.
(d) The commission is administratively attached to the
office of the governor. The office shall provide the staff and
facilities necessary to assist the commission in performing its
duties.
Sec. 481.507. COMMISSION DUTIES. (a) The commission may:
(1) execute all contracts and other documents, adopt all
proceedings, and conduct all activities determined by the
commission to be necessary to carry out the purposes of this act.
The commission may authorize one or more members of the commission
to execute contracts and other documents on behalf of the
commission;
(2) establish and create any boards, committees, or other
entities the commission may deem necessary to exercise commission
powers provided in this act. The commission may delegate to such
committees, boards, or other entities administrative duties and
other powers as the commission may deem necessary. Such entities
may include an advisory board comprised of representatives of
military, federal government, and private aeronautic entities;
(3) Provide financial services to support aerospace-related
development within the state. Financial services may include
capitalizing, underwriting, leasing, selling, or securing funding
for aerospace-related infrastructure; and acquiring, accepting, or
administering grants and contracts to perform activities that are
consistent with the goal of the commission;
(4) Execute intergovernmental agreements and development
agreements consistent with prevailing statutory provisions,
including with local and federal organizations, institutions of
higher education and non-profit entities; and
(5) Engage in the planning and implementation of
aerospace-related educational opportunities within the state in
conjunction with the Texas Aerospace Research and Space Economy
Consortium established under Education Code, Chapter 61,
Subchapter PP.
(b) The commission shall:
(1) adopt rules to implement this act;
(2) elect a presiding officer for the board;
(3) select a person to act as the executive director of the
commission, having such official title, functions, duties, powers,
and salary as the commission may prescribe. The executive director
may staff the commission with other employees necessary for the
commission to properly function; and
(4) organize and deliver the strategic plan required by
Section 481.508 of this chapter.
Sec. 481.508. STRATEGIC PLAN.
(a) The commission shall develop a strategic plan for the
promotion of space, aeronautics, and aviation economic development
in the State of Texas. Such a plan shall include:
(1) A list of potential projects that further the goal of
the commission;
(2) An estimated total cost required to complete each
project identified in Subsection (1), including a potential state
matching cost;
(3) An assessment of the availability of external funding
sources for each project identified in Subsection (1); and
(4) Any other information the commission determines is
relevant to the furtherance of the goal established in Section
481.505.
(b) The strategic plan required by this section shall be
submitted not later than December 31 of each year to the governor,
the lieutenant governor, and the speaker of the house of
representatives.
Sec. 481.509. SPACE EXPLORATION AND AERONAUTICS RESEARCH
FUND. (a) The Space Exploration and Aeronautics Research Fund is
created as a trust fund outside the treasury with the comptroller.
The fund consists of money from
(1) gifts, grants, or donations to the commission; and
(2) any other source designated by the legislature.
(b) The commission may utilize the fund to make grants to
eligible institutions for the following purposes:
(1) development of emerging technologies required for all
aspects of space operations;
(2) research involving all aspects of space exploration and
spaceflight;
(3) workforce training to promote space exploration and
spaceflight; and
(4) processing, exploitation, or research involving
materials derived from or developed through space exploration and
spaceflight.
(d) The commission shall develop procedures for
administration and approval of grants through the fund.
(e) For the purposes of this section, "Eligible
institutions" shall include:
(1) Business or non-profit entities involved in the space
exploration, research, or aeronautics industries; and
(2) Other governmental entities with which an
intergovernmental agreement has been executed pursuant to Section
481.507, Subsection (a)(3) and Subsection (b)(4).
SECTION 2. Chapter 61, Education Code, is amended by adding
new subchapter PP to read as follows:
SUBCHAPTER PP. AEROSPACE RESEARCH AND SPACE ECONOMY CONSORTIUM
Sec. 61.997. ESTABLISHMENT; PURPOSE. The Texas Aerospace
Research and Space Economy Consortium is established to:
(a) identify research opportunities for entities within the
state of Texas that:
(1) strengthen Texas' proven leadership in civil,
commercial, and military aerospace activity;
(2) enhance the state's position in aeronautics research
and development, astronautics, space commercialization, and
spaceflight infrastructure; and
(3) enhance the integration of the space, aeronautics,
astronautics, and aviation industries into the Texas economy.
(b) make funding and research recommendations to the Texas
Space Commission established in Government Code, Chapter 481,
Subchapter EE.
Sec. 61.9971. MEMBERSHIP. The consortium is composed of:
(a) all entities identified in Texas Education Code,
Section 61.003(8).
(b) any other entities that the executive committee
considers necessary.
Sec. 61.9972. ADMINISTRATIVE ATTACHMENT. (a) The
consortium is administratively attached to the Texas Higher
Education Coordinating Board for the purpose of receiving and
administering appropriations and other funds under this chapter.
The board is not responsible for providing to the consortium staff
human resources, contract monitoring, purchasing, or any other
administrative support services.
(b) The Texas Higher Education Coordinating Board may not
use funds intended to carry out the purposes of this chapter for any
costs incurred by the board under this chapter.
SUBCHAPTER QQ. EXECUTIVE COMMITTEE
Sec. 61.9973. EXECUTIVE COMMITTEE COMPOSITION.
(a) The Commission shall be governed by a nine-member
independent executive committee that consists of:
(1) 2 members appointed by the governor;
(2) 2 members appointed by the lieutenant governor;
(3) 2 members appointed by the speaker of the house of
representatives;
(4) The Chancellor of the Texas A&M University System, or
their designee;
(5) The Chancellor of the University of Texas System, or
their designee; and
(6) The President of Rice University, or their designee.
(b) In making appointments under Subsection (a), priority
shall be given to individuals with experience in administration of
research and development relevant to space, aeronautics, space
economic development, astronautics, and other academic disciplines
relevant to space. In making appointments under Subsection (a),
the governor, lieutenant governor, and speaker of the house of
representatives shall coordinate to ensure that the membership of
the executive committee reflects, to the extent possible, the
ethnic and geographic diversity of this state.
(c) A vacancy on the executive committee shall be filled in
the same manner as the original appointment.
Sec. 61.9974. GIFTS, GRANTS, AND DONATIONS. The executive
committee may accept on behalf of the consortium gifts, grants, or
donations from any public or private source for the purpose of
carrying out this chapter.
SUBCHAPTER RR. POWERS AND DUTIES
Sec. 61.9975. GENERAL DUTIES. (a) The executive committee
established under Section 61.9973 shall:
(1) develop and execute a comprehensive statewide
strategic plan to further the objectives identified in Section
88.901, Subsection (a);
(2) solicit proposals from consortium members on
funding and research opportunities related to the objectives
identified in Section 61.997, Subsection (a);
(3) report the recommendations assembled in
Subsection (a)(2) as outlined in Section 61.9976;
(4) establish procedures and policies for the
administration of the consortium;
(5) establish procedures to document compliance by
executive committee members and staff with applicable laws
governing conflicts of interest;
(6) designate a member of the executive committee to
work in liaison with the Texas Space Commission established under
Government Code, Chapter 481, Subchapter EE;
(7) contract with the Texas A&M University System for
administrative and staff support for the consortium;
(8) elect a presiding officer from among the
membership of the executive committee; and
(9) meet at the call of the presiding officer.
(b) consortium members identified by Section 61.9971 may
participate in consortium fact-finding, strategic planning, and
the formation of recommendations under Subsection (a)(1) and
Subsection (a)(2). Any consortium member working with the
executive committee under this subsection shall designate a liaison
to the consortium executive committee before engaging in such work.
(c) the consortium is required to implement a provision of
this chapter only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the consortium
may, but is not required to, implement a provision of this chapter.
Sec. 61.9976. BIENNIAL REPORT. Not later than December 31
of each even numbered year, the consortium executive committee
shall submit to the Texas Space Commission established under
Government Code, Chapter 481, Subchapter EE, a written report that
outlines:
(1) the activities and objectives of the consortium;
(2) a synopsis of the funding and research
opportunities identified in Section 61.9975, Subsection (a)(2);
(3) any legislative recommendations to the
commission;
(4) any prospective grants or funding the consortium
members expect to receive; and
(5) any research accomplishments associated with the
consortium.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.