Texas 2023 - 88th Regular

Texas House Bill HR2432 Compare Versions

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1	1	H.R. No. 2432
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 88th Legislature, Regular Session, 2023, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Bill 3447 (the establishment and
10	10	administration of the Texas Space Commission and the Texas
11	11	Aerospace Research and Space Economy Consortium) to consider and
12	12	take action on the following matters:
13	13	(1) House Rule 13, Section 9(a)(2), is suspended to permit
14	14	the committee to omit text not in disagreement by omitting proposed
15	15	SECTIONS 1 and 2 of the bill. The omitted text reads:
16	16	SECTION 1. Chapter 61, Education Code, is amended by adding
17	17	Subchapter V-1 to read as follows:
18	18	SUBCHAPTER V-1. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY
19	19	CONSORTIUM
20	20	Sec. 61.921. DEFINITIONS. In this subchapter:
21	21	(1) "Consortium" means the Texas Aerospace Research
22	22	and Space Economy Consortium.
23	23	(2) "Executive committee" means the executive
24	24	committee of the consortium.
25	25	Sec. 61.922. ESTABLISHMENT; PURPOSE. The Texas Aerospace
26	26	Research and Space Economy Consortium is established to:
27	27	(1) identify research opportunities for entities
28	28	within this state that:
29	29	(A) strengthen this state's proven leadership in
30	30	civil, commercial, and military aerospace activity;
31	31	(B) enhance this state's position in aeronautics
32	32	research and development, astronautics, space commercialization,
33	33	and space flight infrastructure; and
34	34	(C) enhance the integration of the space,
35	35	aeronautics, astronautics, and aviation industries into this
36	36	state's economy; and
37	37	(2) provide funding and research recommendations to
38	38	the Texas Space Commission established under Section 481.552,
39	39	Government Code.
40	40	Sec. 61.923. CONSORTIUM COMPOSITION. The consortium is
41	41	composed of:
42	42	(1) each institution of higher education; and
43	43	(2) any other entity that the executive committee
44	44	considers necessary.
45	45	Sec. 61.924. ADMINISTRATIVE ATTACHMENT. (a) The
46	46	consortium is administratively attached to the board for the
47	47	purpose of receiving and administering appropriations and other
48	48	funds under this subchapter. The board is not responsible for
49	49	providing to the consortium staff, human resources, contract
50	50	monitoring, purchasing, or any other administrative support
51	51	services.
52	52	(b) The board may not use funds intended to carry out the
53	53	purposes of this subchapter for any costs incurred by the board
54	54	under this subchapter.
55	55	Sec. 61.925. EXECUTIVE COMMITTEE COMPOSITION. (a) The
56	56	consortium is governed by an independent executive committee
57	57	composed of the following nine members:
58	58	(1) two members appointed by the governor;
59	59	(2) two members appointed by the lieutenant governor;
60	60	(3) two members appointed by the speaker of the house
61	61	of representatives;
62	62	(4) the chancellor of The Texas A&M University System
63	63	or the chancellor's designee;
64	64	(5) the chancellor of The University of Texas System
65	65	or the chancellor's designee; and
66	66	(6) the president of Rice University or the
67	67	president's designee.
68	68	(b) In making appointments under Subsection (a), the
69	69	governor, the lieutenant governor, and the speaker of the house of
70	70	representatives, respectively, shall:
71	71	(1) prioritize appointing individuals with experience
72	72	in:
73	73	(A) aeronautics;
74	74	(B) space economic development; and
75	75	(C) academic engagement with the space economy;
76	76	and
77	77	(2) ensure that the appointments reflect, to the
78	78	extent possible, the ethnic and geographic diversity of this state.
79	79	(c) A vacancy on the executive committee is filled in the
80	80	same manner as the initial appointment.
81	81	(d) The executive committee shall:
82	82	(1) elect a presiding officer from among the members
83	83	of the committee; and
84	84	(2) meet at the call of the presiding officer.
85	85	Sec. 61.926. GIFTS, GRANTS, AND DONATIONS. The executive
86	86	committee may solicit and accept on behalf of the consortium gifts,
87	87	grants, or donations from any public or private source for the
88	88	purpose of carrying out this subchapter.
89	89	Sec. 61.927. GENERAL DUTIES. (a) The executive committee
90	90	shall:
91	91	(1) develop and execute a comprehensive statewide
92	92	strategic plan to further the purposes of the consortium;
93	93	(2) gather and coordinate recommendations from
94	94	consortium members on funding and research opportunities in
95	95	accordance with the purposes of the consortium; and
96	96	(3) establish procedures and policies for the
97	97	administration of the consortium, including:
98	98	(A) procedures for documenting compliance by
99	99	members of the committee and consortium and consortium staff with
100	100	applicable laws governing conflicts of interest;
101	101	(B) designation of a member of the committee as
102	102	the committee's liaison to the Texas Space Commission established
103	103	under Section 481.552, Government Code; and
104	104	(C) procedures for entering into contracts with
105	105	The Texas A&M University System as necessary for that system to
106	106	provide administrative and staff support to the consortium.
107	107	(b) A member of the consortium under Section 61.923 may
108	108	participate in consortium fact-finding, strategic planning, and
109	109	the formation of recommendations for purposes of Subsections (a)(1)
110	110	and (a)(2). Before assisting the executive committee as provided
111	111	by this subsection, a member of the consortium must designate a
112	112	liaison to the executive committee to represent that member.
113	113	Sec. 61.928. BIENNIAL REPORT. Not later than December 31 of
114	114	each even-numbered year, the executive committee shall submit to
115	115	the Texas Space Commission established under Section 481.552,
116	116	Government Code, a written report that includes for that biennium:
117	117	(1) the activities and objectives of the consortium;
118	118	(2) a synopsis of the funding and research
119	119	opportunities identified by the consortium under Section
120	120	61.927(a);
121	121	(3) legislative recommendations, if any;
122	122	(4) prospective grants or funding the consortium
123	123	members expect to receive, if any; and
124	124	(5) research accomplishments associated with the
125	125	consortium, if any.
126	126	SECTION 2. Chapter 481, Government Code, is amended by
127	127	adding Subchapter FF to read as follows:
128	128	SUBCHAPTER FF. TEXAS SPACE COMMISSION
129	129	Sec. 481.551. DEFINITIONS. In this subchapter:
130	130	(1) "Board" means the board of directors of the
131	131	commission.
132	132	(2) "Commission" means the Texas Space Commission.
133	133	(3) "Fund" means the Space Exploration and Aeronautics
134	134	Research Fund.
135	135	(4) "Institution of higher education" has the meaning
136	136	assigned by Section 61.003, Education Code.
137	137	Sec. 481.552. ESTABLISHMENT; PURPOSE. (a) The Texas Space
138	138	Commission is established to strengthen this state's proven
139	139	leadership in civil, commercial, and military aerospace activity.
140	140	(b) The purpose of the commission is to promote innovation
141	141	in the fields of space exploration and commercial aerospace
142	142	opportunities, including the integration of space, aeronautics,
143	143	and aviation industries into the economy of this state.
144	144	Sec. 481.553. BOARD OF DIRECTORS; EXECUTIVE DIRECTOR. (a)
145	145	The commission is governed by a nine-member board of directors. The
146	146	board is composed of:
147	147	(1) three members appointed by the governor;
148	148	(2) three members appointed by the lieutenant
149	149	governor; and
150	150	(3) three members appointed by the governor from a
151	151	list of names submitted by the speaker of the house of
152	152	representatives.
153	153	(b) In making appointments or selecting persons for
154	154	inclusion on the list submitted to the governor under Subsection
155	155	(a), the governor, lieutenant governor, and speaker of the house of
156	156	representatives shall prioritize appointing or selecting, as
157	157	applicable, individuals with experience in:
158	158	(1) commercial aerospace;
159	159	(2) civil aviation;
160	160	(3) military aerospace;
161	161	(4) space economic development;
162	162	(5) space-related academic research; and
163	163	(6) nonprofit support of the space economy.
164	164	(c) Members of the board serve two-year terms and may be
165	165	reappointed for additional terms.
166	166	(d) A vacancy on the board is filled in the same manner as
167	167	the initial appointment.
168	168	(e) The board shall:
169	169	(1) elect a presiding officer from among the members
170	170	of the board;
171	171	(2) appoint an executive director of the commission
172	172	and determine the title, functions, duties, powers, and salary of
173	173	the executive director; and
174	174	(3) adopt rules as necessary to implement the duties
175	175	of the commission under this subchapter.
176	176	(f) The executive director of the commission may hire staff
177	177	as necessary to implement the duties of the commission under this
178	178	subchapter.
179	179	Sec. 481.554. ADMINISTRATIVE ATTACHMENT. (a) The
180	180	commission is administratively attached to the office of the
181	181	governor.
182	182	(b) The office of the governor shall provide the commission
183	183	staff and facilities as necessary to assist the commission in
184	184	performing the commission's duties under this subchapter.
185	185	Sec. 481.555. AUTHORITY. The commission may, as necessary
186	186	to perform the commission's duties under this subchapter:
187	187	(1) execute contracts and other documents, including
188	188	by authorizing one or more members of the commission to execute
189	189	contracts and other documents on behalf of the commission;
190	190	(2) conduct proceedings and other activities;
191	191	(3) establish and create boards, committees, or other
192	192	entities, which may include an advisory board composed of
193	193	representatives of military, federal government, and private
194	194	aeronautic entities, and delegate authority or duties to those
195	195	entities;
196	196	(4) provide financial services to support
197	197	aerospace-related development within this state, including by:
198	198	(A) capitalizing, underwriting, leasing,
199	199	selling, or securing funding for aerospace-related infrastructure;
200	200	and
201	201	(B) acquiring, accepting, or administering
202	202	grants and contracts to perform activities consistent with the
203	203	commission's purpose;
204	204	(5) execute intergovernmental agreements and
205	205	development agreements consistent with existing law, including
206	206	with institutions of higher education and nonprofit entities; and
207	207	(6) engage in the planning and implementation of
208	208	aerospace-related educational opportunities within this state in
209	209	coordination with the Texas Aerospace Research and Space Economy
210	210	Consortium established under Section 61.922, Education Code.
211	211	Sec. 481.556. STRATEGIC PLAN. (a) The commission shall
212	212	develop and annually update a strategic plan for the promotion of
213	213	space, aeronautics, and aviation economic development in this
214	214	state.
215	215	(b) The strategic plan must include a list of potential
216	216	projects that further the purpose of the commission, and, for each
217	217	project:
218	218	(1) the estimated total cost for completion, including
219	219	a potential state matching cost; and
220	220	(2) an assessment of the availability of external
221	221	funding sources.
222	222	(c) The strategic plan may include any other information the
223	223	commission determines is relevant to furthering the purpose of the
224	224	commission.
225	225	(d) The board shall submit the strategic plan to the
226	226	governor, the lieutenant governor, and the speaker of the house of
227	227	representatives not later than December 31 of each year.
228	228	Sec. 481.557. SPACE EXPLORATION AND AERONAUTICS RESEARCH
229	229	FUND; GRANTS. (a) The commission shall establish the Space
230	230	Exploration and Aeronautics Research Fund to provide grants to
231	231	eligible entities as provided by this section.
232	232	(b) The fund is a trust fund outside the treasury with the
233	233	comptroller and administered by the commission.
234	234	(c) The fund is composed of:
235	235	(1) gifts, grants, or donations provided to the
236	236	commission; and
237	237	(2) money from any source designated by the
238	238	legislature.
239	239	(d) Using money available in the fund, the commission may
240	240	provide grants to eligible entities described by Subsection (e) for
241	241	the purposes of:
242	242	(1) development of emerging technologies required for
243	243	any aspect of human space flight;
244	244	(2) research involving any aspect of space exploration
245	245	and space flight;
246	246	(3) workforce training to promote space exploration
247	247	and space flight; and
248	248	(4) curation of post-mission materials involved in
249	249	space exploration and space flight.
250	250	(e) The following entities are eligible for a grant made
251	251	under this section:
252	252	(1) a business or nonprofit entity involved in the
253	253	space exploration, research, or aeronautics industry; and
254	254	(2) a governmental entity with which the commission
255	255	has entered into an intergovernmental agreement for that purpose.
256	256	(f) The commission shall establish procedures for the
257	257	administration and approval of grants made under this section,
258	258	including procedures to ensure that a grant provided under this
259	259	section is in the public interest and serves the public purpose of
260	260	economic development and diversification.
261	261	Explanation: The change is necessary to allow the Texas
262	262	Space Commission and the Texas Aerospace Research and Space Economy
263	263	Consortium to be established under a new chapter of the Government
264	264	Code.
265	265	(2) House Rule 13, Section 9(a)(4), is suspended to permit
266	266	the committee to add text on a matter not included in either the
267	267	house or senate version of the bill by adding SECTION 1 of the bill
268	268	to read as follows:
269	269	SECTION 1. Subtitle F, Title 4, Government Code, is amended
270	270	by adding Chapter 482 to read as follows:
271	271	CHAPTER 482. TEXAS AEROSPACE AND TECHNOLOGY SUPPORT
272	272	SUBCHAPTER A. GENERAL PROVISIONS
273	273	Sec. 482.001. DEFINITIONS. In this chapter:
274	274	(1) "Board" means the board of directors of the
275	275	commission.
276	276	(2) "Commission" means the Texas Space Commission.
277	277	(3) "Fund" means the space exploration and aeronautics
278	278	research fund.
279	279	(4) "Institution of higher education" has the meaning
280	280	assigned by Section 61.003, Education Code.
281	281	SUBCHAPTER B. TEXAS SPACE COMMISSION
282	282	Sec. 482.101. ESTABLISHMENT; PURPOSE. (a) The Texas Space
283	283	Commission is established to strengthen this state's proven
284	284	leadership in civil, commercial, and military aerospace activity.
285	285	(b) The purpose of the commission is to promote innovation
286	286	in the fields of space exploration and commercial aerospace
287	287	opportunities, including the integration of space, aeronautics,
288	288	and aviation industries into the economy of this state.
289	289	Sec. 482.102. ADMINISTRATIVE ATTACHMENT. (a) The
290	290	commission is administratively attached to the office of the
291	291	governor, and the office of the governor shall provide
292	292	administrative support to the commission as provided by this
293	293	section. The equal employment opportunity officer and the internal
294	294	auditor of the office of the governor shall serve the same functions
295	295	for the commission as they serve for the office of the governor.
296	296	(b) The office of the governor and the board shall enter
297	297	into a memorandum of understanding detailing:
298	298	(1) the administrative support the commission
299	299	requires from the office of the governor to fulfill the purposes of
300	300	this chapter;
301	301	(2) the reimbursement of administrative expenses to
302	302	the office of the governor; and
303	303	(3) any other provisions available by law to ensure
304	304	the efficient operation of the commission as attached to the office
305	305	of the governor.
306	306	Sec. 482.103. SUNSET PROVISION. The commission is subject
307	307	to Chapter 325 (Texas Sunset Act). Unless continued in existence as
308	308	provided by that chapter, the commission is abolished and this
309	309	chapter expires September 1, 2032.
310	310	Sec. 482.104. STATE AUDITOR. Nothing in this chapter
311	311	limits the authority of the state auditor under Chapter 321 or other
312	312	law.
313	313	Sec. 482.105. BOARD OF DIRECTORS. (a) The commission is
314	314	governed by a nine-member board of directors. The board is composed
315	315	of:
316	316	(1) three members appointed by the governor;
317	317	(2) three members appointed by the lieutenant
318	318	governor; and
319	319	(3) three members appointed by the speaker of the
320	320	house of representatives.
321	321	(b) In making appointments under Subsection (a), the
322	322	governor, lieutenant governor, and speaker of the house of
323	323	representatives shall prioritize appointing individuals with
324	324	experience in:
325	325	(1) commercial aerospace;
326	326	(2) civil aviation;
327	327	(3) military aerospace;
328	328	(4) space economic development;
329	329	(5) space-related academic research; and
330	330	(6) nonprofit support of the space economy.
331	331	(c) Members of the board appointed by the governor,
332	332	lieutenant governor, and speaker of the house serve at the pleasure
333	333	of the appointing office for staggered six-year terms, with the
334	334	terms of two members expiring on January 31 of each odd-numbered
335	335	year.
336	336	(d) If a vacancy occurs on the board, the appropriate
337	337	appointing authority shall appoint a successor, in the same manner
338	338	as the original appointment, to serve for the remainder of the
339	339	unexpired term. The appropriate appointing authority shall appoint
340	340	the successor not later than the 30th day after the date the vacancy
341	341	occurs.
342	342	(e) Not later than the 30th day after the date a board
343	343	member's term expires, the appropriate appointing authority shall
344	344	appoint a replacement.
345	345	(f) The board shall elect a presiding officer from among the
346	346	members of the board.
347	347	Sec. 482.106. EXECUTIVE DIRECTOR. (a) The board shall hire
348	348	an executive director. The executive director shall perform the
349	349	duties required by this chapter and any duty delegated by the board.
350	350	(b) The executive director must have a demonstrated ability
351	351	to lead and develop academic, commercial, military, or governmental
352	352	partnerships and coalitions.
353	353	(c) The executive director may hire staff as necessary to
354	354	implement the duties of the commission under this chapter.
355	355	Sec. 482.107. BOARD OF DIRECTORS: AUTHORITY. (a) The board
356	356	shall:
357	357	(1) direct the activities of, establish goals for, and
358	358	provide oversight to the commission;
359	359	(2) develop and execute a strategic plan in accordance
360	360	with Section 482.201;
361	361	(3) establish the appropriate standards and executive
362	362	bodies to ensure the proper use of funds authorized under this
363	363	chapter for research and facilities development;
364	364	(4) identify research and funding opportunities for
365	365	entities within this state that:
366	366	(A) strengthen and enhance this state's proven
367	367	leadership position in civil, commercial, and military aeronautics
368	368	research and development and space flight infrastructure;
369	369	(B) enhance the integration of the space,
370	370	aeronautics, astronautics, and aviation industries into this
371	371	state's economy; and
372	372	(C) promote and further research involving
373	373	materials derived from or developed through space exploration and
374	374	space flight;
375	375	(5) capitalize, promote, and assist in the development
376	376	of workforce training to further the development of emerging
377	377	technologies required for all aspects of space exploration; and
378	378	(6) solicit proposals on funding and research
379	379	opportunities related to the objectives in this chapter from the
380	380	Texas Aerospace Research and Space Economy Consortium established
381	381	under Subchapter G.
382	382	(b) The board shall employ a chief compliance officer to
383	383	monitor and report to the board regarding compliance with this
384	384	chapter and rules adopted under this chapter. The chief compliance
385	385	officer shall ensure that all grant proposals comply with this
386	386	chapter and rules adopted under this chapter before the proposals
387	387	are submitted to the board for approval.
388	388	(c) The board may:
389	389	(1) establish ad hoc advisory committees as necessary
390	390	to carry out the board's duties under this chapter;
391	391	(2) adopt and use an official seal;
392	392	(3) solicit and accept gifts or grants, and contract
393	393	with any entity;
394	394	(4) acquire and convey property or an interest in
395	395	property;
396	396	(5) procure insurance and pay premiums on insurance of
397	397	any type, in accounts, and from insurers as the board considers
398	398	necessary and advisable to accomplish any of the commission's
399	399	purposes;
400	400	(6) make grants to public or private persons with an
401	401	established presence within this state to encourage economic
402	402	development related to space and aerospace;
403	403	(7) make grants to enhance the capacity of
404	404	institutions of higher education to participate in and support
405	405	classified research;
406	406	(8) provide matching funding to external funding
407	407	provided by relevant federal agencies, private industry, or private
408	408	research organizations; and
409	409	(9) engage in the planning and implementation of
410	410	aerospace-related educational opportunities within this state in
411	411	coordination with the Texas Aerospace Research and Space Economy
412	412	Consortium established under Subchapter G.
413	413	SUBCHAPTER C. STRATEGIC PLAN
414	414	Sec. 482.201. STRATEGIC PLAN. (a) The commission shall
415	415	develop and annually update a strategic plan for the promotion of
416	416	space, aeronautics, and aviation economic development in this
417	417	state.
418	418	(b) The strategic plan must include a list of potential
419	419	projects that further the purpose of the commission, and, for each
420	420	project:
421	421	(1) the estimated total cost for completion, including
422	422	a potential state matching cost; and
423	423	(2) an assessment of the availability of external
424	424	funding sources.
425	425	(c) The strategic plan may include any other information the
426	426	commission determines is relevant to furthering the purpose of the
427	427	commission.
428	428	(d) The board shall submit the strategic plan to the
429	429	governor, the lieutenant governor, and the speaker of the house of
430	430	representatives not later than December 31 of each year.
431	431	SUBCHAPTER D. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND
432	432	Sec. 482.301. SPACE EXPLORATION AND AERONAUTICS RESEARCH
433	433	FUND; ESTABLISHMENT. (a) The space exploration and aeronautics
434	434	research fund is established to provide grants to eligible entities
435	435	as provided by this chapter.
436	436	(b) The fund is a trust fund outside the treasury with the
437	437	comptroller and administered by the commission.
438	438	(c) The fund is composed of:
439	439	(1) gifts, grants, and donations provided to the
440	440	commission; and
441	441	(2) money from any source designated by the
442	442	legislature.
443	443	Sec. 482.302. SPACE EXPLORATION AND AERONAUTICS RESEARCH
444	444	FUND; GRANTS. (a) Using money available in the fund, the
445	445	commission may provide grants to eligible entities described by
446	446	Subsection (b) for the purposes of:
447	447	(1) development of emerging technologies required for
448	448	any aspect of human space flight;
449	449	(2) research involving any aspect of space exploration
450	450	and space flight;
451	451	(3) workforce training to promote space exploration
452	452	and space flight;
453	453	(4) curation of post-mission materials involved in
454	454	space exploration and space flight; and
455	455	(5) development of infrastructure useful or necessary
456	456	for the establishment or maintenance of a spaceport.
457	457	(b) The following entities are eligible for a grant made
458	458	under this subchapter:
459	459	(1) a business or nonprofit entity involved in the
460	460	space exploration, research, or aeronautics industry; and
461	461	(2) a governmental entity with which the commission
462	462	has entered into an intergovernmental agreement for that purpose.
463	463	(c) The board shall comply with the provisions of this
464	464	chapter in developing the procedures for administration and
465	465	approval of grants through the fund.
466	466	(d) The commission shall provide written notification to
467	467	the Legislative Budget Board not later than the 30th day after the
468	468	date a grant award is made from the fund.
469	469	SUBCHAPTER E. ETHICS AND AUDIT
470	470	Sec. 482.401. CONFLICT OF INTEREST. (a) The board shall
471	471	adopt conflict-of-interest rules to govern members of the board and
472	472	commission employees.
473	473	(b) A board member or commission employee shall recuse
474	474	himself or herself, as provided by Section 482.402, if the board
475	475	member or employee, or a person who is related to the board member
476	476	or employee within the second degree of affinity or consanguinity,
477	477	has a professional or financial interest in an entity receiving or
478	478	applying to receive money from the commission.
479	479	(c) A person has a financial interest in an entity receiving
480	480	or applying to receive money from the commission if the person:
481	481	(1) owns or controls, directly or indirectly, an
482	482	ownership interest, including sharing in profits, proceeds, or
483	483	capital gains, in an entity, or in a foundation or similar
484	484	organization affiliated with an entity, receiving or applying to
485	485	receive money from the commission; or
486	486	(2) could reasonably foresee that an action or
487	487	recommendation by the board or commission could result in a
488	488	financial benefit to the person.
489	489	(d) Nothing in this subchapter limits the authority of the
490	490	board to adopt additional conflict-of-interest standards.
491	491	Sec. 482.402. DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL.
492	492	(a) If a board member has a conflict of interest as described by
493	493	Section 482.401 regarding an application that comes before the
494	494	board for review or other action, the board member shall:
495	495	(1) provide written notice to the executive director
496	496	and the presiding officer of the board or the next ranking member of
497	497	the board if the presiding officer has the conflict of interest;
498	498	(2) disclose the conflict of interest in an open
499	499	meeting of the board; and
500	500	(3) recuse himself or herself from participating in
501	501	the review, discussion, deliberation, and vote on the application
502	502	and from accessing information regarding the matter to be decided.
503	503	(b) If a commission employee has a conflict of interest
504	504	described by Section 482.401 regarding an application that comes
505	505	before the employee for review or other action, the employee shall:
506	506	(1) provide written notice to the executive director
507	507	of the conflict of interest; and
508	508	(2) recuse himself or herself from participating in
509	509	the review of the application and be prevented from accessing
510	510	information regarding the matter to be decided.
511	511	(c) A board member or commission employee with a conflict of
512	512	interest may seek a waiver as provided by Section 482.403.
513	513	(d) A board member or commission employee who reports a
514	514	potential conflict of interest or another impropriety or
515	515	self-dealing of the member or employee and who fully complies with
516	516	the recommendations of the general counsel and recusal requirements
517	517	is considered in compliance with the conflict-of-interest
518	518	provisions of this subchapter. The member or employee is subject to
519	519	other applicable laws, rules, requirements, and prohibitions.
520	520	(e) A board member or commission employee who intentionally
521	521	violates this section is subject to removal from further
522	522	participation in the commission's review process.
523	523	Sec. 482.403. EXCEPTIONAL CIRCUMSTANCES REQUIRING
524	524	PARTICIPATION; INVESTIGATION OF UNREPORTED CONFLICT OF INTEREST.
525	525	(a) The board shall adopt rules governing the waiver of the
526	526	conflict-of-interest requirements of this subchapter under
527	527	exceptional circumstances for a board member or commission
528	528	employee. The rules must:
529	529	(1) authorize the executive director or a board member
530	530	to propose granting a waiver by submitting to the presiding officer
531	531	of the board a written statement about the conflict of interest, the
532	532	exceptional circumstance requiring the waiver, and any proposed
533	533	limitations to the waiver;
534	534	(2) require a proposed waiver to be publicly reported
535	535	at a meeting of the board;
536	536	(3) require a majority vote of the board members
537	537	present and voting to grant a waiver; and
538	538	(4) require the commission to retain documentation of
539	539	each waiver granted.
540	540	(b) The board shall adopt rules governing the investigation
541	541	and consequences of unreported conflicts of interest.
542	542	Sec. 482.404. CODE OF CONDUCT. (a) The board shall adopt a
543	543	code of conduct applicable to each board member and commission
544	544	employee.
545	545	(b) The code of conduct at a minimum must include provisions
546	546	prohibiting the member, the employee, or the member's or employee's
547	547	spouse from:
548	548	(1) accepting or soliciting any gift, favor, or
549	549	service that could reasonably influence the member or employee in
550	550	the discharge of official duties or that the member, employee, or
551	551	spouse of the member or employee knows or should know is being
552	552	offered with the intent to influence the member's or employee's
553	553	official conduct;
554	554	(2) accepting employment or engaging in any business
555	555	or professional activity that would reasonably require or induce
556	556	the member or employee to disclose confidential information
557	557	acquired in the member's or employee's official position;
558	558	(3) accepting other employment or compensation that
559	559	could reasonably impair the member's or employee's independent
560	560	judgment in the performance of official duties;
561	561	(4) making personal investments or having a financial
562	562	interest that could reasonably create a substantial conflict
563	563	between the member's or employee's private interest and the member's
564	564	or employee's official duties;
565	565	(5) intentionally or knowingly soliciting, accepting,
566	566	or agreeing to accept any benefit for exercising the member's
567	567	official powers or performing the member's or employee's official
568	568	duties in favor of another;
569	569	(6) leasing, directly or indirectly, any property,
570	570	capital equipment, employee, or service to any entity that receives
571	571	a grant from the commission;
572	572	(7) submitting a grant application for funding by the
573	573	board;
574	574	(8) serving on the board of directors of an
575	575	organization established with a grant from the commission; or
576	576	(9) serving on the board of directors of a grant
577	577	recipient.
578	578	SUBCHAPTER F. PROCEDURE FOR MAKING AWARDS
579	579	Sec. 482.501. RULES FOR GRANT AWARD PROCEDURE. (a) The
580	580	board shall adopt rules regarding the procedure for awarding grants
581	581	to an applicant under this chapter, including a procedure for the
582	582	Texas Aerospace Research and Space Economy Consortium to make
583	583	recommendations to the board for grant awards.
584	584	(b) The board may not award a grant to an applicant who has
585	585	made a gift or grant to the commission or a nonprofit organization
586	586	established to provide support to the commission.
587	587	Sec. 482.502. MULTIYEAR PROJECTS. The board may grant
588	588	money for a multiyear project. The board shall specify the total
589	589	amount of money approved to fund the multiyear project. The total
590	590	amount specified is considered for purposes of this subchapter to
591	591	have been awarded in the state fiscal year that the project is
592	592	approved by the board. The board shall distribute only the money
593	593	that will be expended during that fiscal year. The board shall
594	594	distribute the remaining grant money as the money is needed in each
595	595	subsequent state fiscal year.
596	596	Sec. 482.503. PREFERENCE FOR TEXAS SUPPLIERS. The board
597	597	shall establish standards to ensure that grant recipients purchase
598	598	goods and services from suppliers in this state to the extent
599	599	reasonably possible, in a good faith effort to achieve a goal of
600	600	more than 50 percent of those purchases from suppliers in this
601	601	state.
602	602	Sec. 482.504. GRANT EVALUATION. (a) The executive
603	603	director shall determine the grant review process under this
604	604	section. The executive director may terminate grants that do not
605	605	meet contractual obligations.
606	606	(b) The executive director shall report at least annually to
607	607	the board on the progress and continued merit of each grant funded
608	608	by the commission.
609	609	(c) The board shall establish and implement reporting
610	610	requirements to ensure that each grant recipient complies with the
611	611	terms and conditions in the grant contract, including verification
612	612	of the amounts of matching money dedicated to the research that is
613	613	the subject of the grant award to the grant recipient.
614	614	(d) The commission shall implement a system to:
615	615	(1) track the dates on which grant recipient reports
616	616	are due and are received by the commission; and
617	617	(2) monitor the status of any required report that is
618	618	not timely submitted to the commission by a grant recipient.
619	619	Sec. 482.505. GRANT RECORDS. The commission shall maintain
620	620	complete records of:
621	621	(1) the review of each grant application submitted to
622	622	the board, including an application reviewed in accordance with
623	623	rules adopted under this chapter, even if the grant application is
624	624	not funded by the board or is withdrawn after submission;
625	625	(2) each grant recipient's financial reports,
626	626	including the amount of matching money dedicated to the research
627	627	specified for the grant award;
628	628	(3) each grant recipient's progress reports; and
629	629	(4) the board's review of the grant recipient's
630	630	financial reports and progress reports.
631	631	SUBCHAPTER G. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY
632	632	CONSORTIUM
633	633	Sec. 482.601. DEFINITIONS. In this subchapter:
634	634	(1) "Consortium" means the Texas Aerospace Research
635	635	and Space Economy Consortium.
636	636	(2) "Executive committee" means the executive
637	637	committee of the consortium.
638	638	Sec. 482.602. SUNSET PROVISION. The consortium is subject
639	639	to Chapter 325 (Texas Sunset Act). Unless continued in existence as
640	640	provided by that chapter, the consortium is abolished and this
641	641	subchapter expires September 1, 2032.
642	642	Sec. 482.603. ESTABLISHMENT; PURPOSE. The Texas Aerospace
643	643	Research and Space Economy Consortium is established to:
644	644	(1) identify research opportunities for entities
645	645	within this state that:
646	646	(A) strengthen this state's proven leadership in
647	647	civil, commercial, and military aerospace activity;
648	648	(B) enhance this state's position in aeronautics
649	649	research and development, astronautics, space commercialization,
650	650	and space flight infrastructure; and
651	651	(C) enhance the integration of the space,
652	652	aeronautics, astronautics, and aviation industries into this
653	653	state's economy; and
654	654	(2) provide funding and research recommendations to
655	655	the commission.
656	656	Sec. 482.604. CONSORTIUM COMPOSITION. The consortium is
657	657	composed of:
658	658	(1) each institution of higher education; and
659	659	(2) any other entity that the executive committee
660	660	considers necessary.
661	661	Sec. 482.605. ADMINISTRATIVE ATTACHMENT. The consortium is
662	662	administratively attached to the office of the governor for the
663	663	purpose of receiving and administering appropriations and other
664	664	funds under this subchapter. The office of the governor is not
665	665	responsible for providing to the consortium staff, human resources,
666	666	contract monitoring, purchasing, or any other administrative
667	667	support services.
668	668	Sec. 482.606. EXECUTIVE COMMITTEE COMPOSITION. (a) The
669	669	consortium is governed by an independent executive committee
670	670	composed of the following nine members:
671	671	(1) two members appointed by the governor;
672	672	(2) two members appointed by the lieutenant governor;
673	673	(3) two members appointed by the speaker of the house
674	674	of representatives;
675	675	(4) the chancellor of The Texas A&M University System
676	676	or the chancellor's designee;
677	677	(5) the chancellor of The University of Texas System
678	678	or the chancellor's designee; and
679	679	(6) the president of Rice University or the
680	680	president's designee.
681	681	(b) In making appointments under Subsection (a), the
682	682	governor, the lieutenant governor, and the speaker of the house of
683	683	representatives, respectively, shall:
684	684	(1) prioritize appointing individuals with experience
685	685	in:
686	686	(A) aeronautics;
687	687	(B) space economic development; and
688	688	(C) academic engagement with the space economy;
689	689	and
690	690	(2) ensure that the appointments reflect, to the
691	691	extent possible, the ethnic and geographic diversity of this state.
692	692	(c) A vacancy on the executive committee is filled in the
693	693	same manner as the initial appointment.
694	694	(d) The executive committee shall:
695	695	(1) elect a presiding officer from among the members
696	696	of the committee; and
697	697	(2) meet at the call of the presiding officer.
698	698	Sec. 482.607. GIFTS, GRANTS, AND DONATIONS. The executive
699	699	committee may solicit and accept on behalf of the consortium gifts,
700	700	grants, or donations from any public or private source for the
701	701	purpose of carrying out this subchapter.
702	702	Sec. 482.608. GENERAL DUTIES. (a) The executive committee
703	703	shall:
704	704	(1) develop and execute a comprehensive statewide
705	705	strategic plan to further the purposes of the consortium;
706	706	(2) gather and coordinate recommendations from
707	707	consortium members on funding and research opportunities in
708	708	accordance with the purposes of the consortium; and
709	709	(3) establish procedures and policies for the
710	710	administration of the consortium, including:
711	711	(A) procedures for documenting compliance by
712	712	members of the committee and consortium and consortium staff with
713	713	applicable laws governing conflicts of interest;
714	714	(B) designation of a member of the committee as
715	715	the committee's liaison to the commission; and
716	716	(C) procedures for entering into contracts with
717	717	The Texas A&M University System as necessary for that system to
718	718	provide administrative and staff support to the consortium.
719	719	(b) A member of the consortium may participate in consortium
720	720	fact-finding and strategic planning and the formation of
721	721	recommendations for purposes of Subsections (a)(1) and (a)(2).
722	722	Before assisting the executive committee as provided by this
723	723	subsection, a member of the consortium must designate a liaison to
724	724	the executive committee to represent that member.
725	725	Sec. 482.609. BIENNIAL REPORT. Not later than December 31
726	726	of each even-numbered year, the executive committee shall submit to
727	727	the commission a written report that includes for that biennium:
728	728	(1) the activities and objectives of the consortium;
729	729	(2) a synopsis of the funding and research
730	730	opportunities identified by the consortium;
731	731	(3) legislative recommendations, if any;
732	732	(4) prospective grants or funding the consortium
733	733	members expect to receive, if any; and
734	734	(5) research accomplishments associated with the
735	735	consortium, if any.
736	736	Explanation: The change is necessary to establish the Texas
737	737	Space Commission and the Texas Aerospace Research and Space Economy
738	738	Consortium as entities administratively attached to the office of
739	739	the governor under a new chapter of the Government Code and to
740	740	provide certain governance and other requirements applicable to
741	741	those entities.
742	742	Bonnen
743	743	______________________________
744	744	Speaker of the House
745	745	I certify that H.R. No. 2432 was adopted by the House on May
746	746	28, 2023, by the following vote: Yeas 132, Nays 6, 2 present, not
747	747	voting.
748	748	______________________________
749	749	Chief Clerk of the House