By: Bonnen (Senate Sponsor - Huffman) H.B. No. 3447
(In the Senate - Received from the House May 2, 2023;
May 4, 2023, read first time and referred to Committee on Finance;
May 10, 2023, reported favorably by the following vote: Yeas 13,
Nays 0; May 10, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HuffmanX
HinojosaX
BettencourtX
CampbellX
CreightonX
FloresX
HallX
HancockX
HughesX
KolkhorstX
NicholsX
PaxtonX
PerryX
SchwertnerX
WestX
WhitmireX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to the establishment and administration of the Texas
Aerospace Research and Space Economy Consortium and the Texas Space
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 61, Education Code, is amended by adding
Subchapter V-1 to read as follows:
SUBCHAPTER V-1. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY
CONSORTIUM
Sec. 61.921. DEFINITIONS. In this subchapter:
(1) "Consortium" means the Texas Aerospace Research
and Space Economy Consortium.
(2) "Executive committee" means the executive
committee of the consortium.
Sec. 61.922. ESTABLISHMENT; PURPOSE. The Texas Aerospace
Research and Space Economy Consortium is established to:
(1) identify research opportunities for entities
within this state that:
(A) strengthen this state's proven leadership in
civil, commercial, and military aerospace activity;
(B) enhance this state's position in aeronautics
research and development, astronautics, space commercialization,
and space flight infrastructure; and
(C) enhance the integration of the space,
aeronautics, astronautics, and aviation industries into this
state's economy; and
(2) provide funding and research recommendations to
the Texas Space Commission established under Section 481.552,
Government Code.
Sec. 61.923. CONSORTIUM COMPOSITION. The consortium is
composed of:
(1) each institution of higher education; and
(2) any other entity that the executive committee
considers necessary.
Sec. 61.924. ADMINISTRATIVE ATTACHMENT. (a) The
consortium is administratively attached to the board for the
purpose of receiving and administering appropriations and other
funds under this subchapter. The board is not responsible for
providing to the consortium staff, human resources, contract
monitoring, purchasing, or any other administrative support
services.
(b) The board may not use funds intended to carry out the
purposes of this subchapter for any costs incurred by the board
under this subchapter.
Sec. 61.925. EXECUTIVE COMMITTEE COMPOSITION. (a) The
consortium is governed by an independent executive committee
composed of the following nine members:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house
of representatives;
(4) the chancellor of The Texas A&M University System
or the chancellor's designee;
(5) the chancellor of The University of Texas System
or the chancellor's designee; and
(6) the president of Rice University or the
president's designee.
(b) In making appointments under Subsection (a), the
governor, the lieutenant governor, and the speaker of the house of
representatives, respectively, shall:
(1) prioritize appointing individuals with experience
in:
(A) aeronautics;
(B) space economic development; and
(C) academic engagement with the space economy;
and
(2) ensure that the appointments reflect, to the
extent possible, the ethnic and geographic diversity of this state.
(c) A vacancy on the executive committee is filled in the
same manner as the initial appointment.
(d) The executive committee shall:
(1) elect a presiding officer from among the members
of the committee; and
(2) meet at the call of the presiding officer.
Sec. 61.926. GIFTS, GRANTS, AND DONATIONS. The executive
committee may solicit and accept on behalf of the consortium gifts,
grants, or donations from any public or private source for the
purpose of carrying out this subchapter.
Sec. 61.927. GENERAL DUTIES. (a) The executive committee
shall:
(1) develop and execute a comprehensive statewide
strategic plan to further the purposes of the consortium;
(2) gather and coordinate recommendations from
consortium members on funding and research opportunities in
accordance with the purposes of the consortium; and
(3) establish procedures and policies for the
administration of the consortium, including:
(A) procedures for documenting compliance by
members of the committee and consortium and consortium staff with
applicable laws governing conflicts of interest;
(B) designation of a member of the committee as
the committee's liaison to the Texas Space Commission established
under Section 481.552, Government Code; and
(C) procedures for entering into contracts with
The Texas A&M University System as necessary for that system to
provide administrative and staff support to the consortium.
(b) A member of the consortium under Section 61.923 may
participate in consortium fact-finding, strategic planning, and
the formation of recommendations for purposes of Subsections (a)(1)
and (a)(2). Before assisting the executive committee as provided
by this subsection, a member of the consortium must designate a
liaison to the executive committee to represent that member.
Sec. 61.928. BIENNIAL REPORT. Not later than December 31 of
each even-numbered year, the executive committee shall submit to
the Texas Space Commission established under Section 481.552,
Government Code, a written report that includes for that biennium:
(1) the activities and objectives of the consortium;
(2) a synopsis of the funding and research
opportunities identified by the consortium under Section
61.927(a);
(3) legislative recommendations, if any;
(4) prospective grants or funding the consortium
members expect to receive, if any; and
(5) research accomplishments associated with the
consortium, if any.
SECTION 2. Chapter 481, Government Code, is amended by
adding Subchapter FF to read as follows:
SUBCHAPTER FF. TEXAS SPACE COMMISSION
Sec. 481.551. DEFINITIONS. In this subchapter:
(1) "Board" means the board of directors of the
commission.
(2) "Commission" means the Texas Space Commission.
(3) "Fund" means the Space Exploration and Aeronautics
Research Fund.
(4) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
Sec. 481.552. ESTABLISHMENT; PURPOSE. (a) The Texas Space
Commission is established to strengthen this state's proven
leadership in civil, commercial, and military aerospace activity.
(b) The purpose of the commission is to promote innovation
in the fields of space exploration and commercial aerospace
opportunities, including the integration of space, aeronautics,
and aviation industries into the economy of this state.
Sec. 481.553. BOARD OF DIRECTORS; EXECUTIVE DIRECTOR. (a)
The commission is governed by a nine-member board of directors. The
board is composed of:
(1) three members appointed by the governor;
(2) three members appointed by the lieutenant
governor; and
(3) three members appointed by the governor from a
list of names submitted by the speaker of the house of
representatives.
(b) In making appointments or selecting persons for
inclusion on the list submitted to the governor under Subsection
(a), the governor, lieutenant governor, and speaker of the house of
representatives shall prioritize appointing or selecting, as
applicable, individuals with experience in:
(1) commercial aerospace;
(2) civil aviation;
(3) military aerospace;
(4) space economic development;
(5) space-related academic research; and
(6) nonprofit support of the space economy.
(c) Members of the board serve two-year terms and may be
reappointed for additional terms.
(d) A vacancy on the board is filled in the same manner as
the initial appointment.
(e) The board shall:
(1) elect a presiding officer from among the members
of the board;
(2) appoint an executive director of the commission
and determine the title, functions, duties, powers, and salary of
the executive director; and
(3) adopt rules as necessary to implement the duties
of the commission under this subchapter.
(f) The executive director of the commission may hire staff
as necessary to implement the duties of the commission under this
subchapter.
Sec. 481.554. ADMINISTRATIVE ATTACHMENT. (a) The
commission is administratively attached to the office of the
governor.
(b) The office of the governor shall provide the commission
staff and facilities as necessary to assist the commission in
performing the commission's duties under this subchapter.
Sec. 481.555. AUTHORITY. The commission may, as necessary
to perform the commission's duties under this subchapter:
(1) execute contracts and other documents, including
by authorizing one or more members of the commission to execute
contracts and other documents on behalf of the commission;
(2) conduct proceedings and other activities;
(3) establish and create boards, committees, or other
entities, which may include an advisory board composed of
representatives of military, federal government, and private
aeronautic entities, and delegate authority or duties to those
entities;
(4) provide financial services to support
aerospace-related development within this state, including by:
(A) capitalizing, underwriting, leasing,
selling, or securing funding for aerospace-related infrastructure;
and
(B) acquiring, accepting, or administering
grants and contracts to perform activities consistent with the
commission's purpose;
(5) execute intergovernmental agreements and
development agreements consistent with existing law, including
with institutions of higher education and nonprofit entities; and
(6) engage in the planning and implementation of
aerospace-related educational opportunities within this state in
coordination with the Texas Aerospace Research and Space Economy
Consortium established under Section 61.922, Education Code.
Sec. 481.556. STRATEGIC PLAN. (a) The commission shall
develop and annually update a strategic plan for the promotion of
space, aeronautics, and aviation economic development in this
state.
(b) The strategic plan must include a list of potential
projects that further the purpose of the commission, and, for each
project:
(1) the estimated total cost for completion, including
a potential state matching cost; and
(2) an assessment of the availability of external
funding sources.
(c) The strategic plan may include any other information the
commission determines is relevant to furthering the purpose of the
commission.
(d) The board shall submit the strategic plan to the
governor, the lieutenant governor, and the speaker of the house of
representatives not later than December 31 of each year.
Sec. 481.557. SPACE EXPLORATION AND AERONAUTICS RESEARCH
FUND; GRANTS. (a) The commission shall establish the Space
Exploration and Aeronautics Research Fund to provide grants to
eligible entities as provided by this section.
(b) The fund is a trust fund outside the treasury with the
comptroller and administered by the commission.
(c) The fund is composed of:
(1) gifts, grants, or donations provided to the
commission; and
(2) money from any source designated by the
legislature.
(d) Using money available in the fund, the commission may
provide grants to eligible entities described by Subsection (e) for
the purposes of:
(1) development of emerging technologies required for
any aspect of human space flight;
(2) research involving any aspect of space exploration
and space flight;
(3) workforce training to promote space exploration
and space flight; and
(4) curation of post-mission materials involved in
space exploration and space flight.
(e) The following entities are eligible for a grant made
under this section:
(1) a business or nonprofit entity involved in the
space exploration, research, or aeronautics industry; and
(2) a governmental entity with which the commission
has entered into an intergovernmental agreement for that purpose.
(f) The commission shall establish procedures for the
administration and approval of grants made under this section,
including procedures to ensure that a grant provided under this
section is in the public interest and serves the public purpose of
economic development and diversification.
SECTION 3. This Act takes effect September 1, 2023.
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