Texas 2023 - 88th Regular

Texas Senate Bill SB1652 Compare Versions

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1	1	By: Huffman S.B. No. 1652
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation, management and administration of the
7	7	Texas Space Commission and the Texas Aerospace Research and Space
8	8	Economy Consortium.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 481, Government Code, is amended by
11	11	adding Subchapter EE to read as follows:
12	12	SUBCHAPTER EE. TEXAS SPACE COMMISSION
13	13	Sec. 481.505. TEXAS SPACE COMMISSION; ESTABLISHMENT. The
14	14	Texas Space Commission is established to strengthen the state's
15	15	proven leadership in civil, commercial, and military aerospace
16	16	activity. The goal of the commission is to promote innovation in the
17	17	field of space operations and commercial aerospace opportunities,
18	18	including the integration of space, aeronautics, and aviation
19	19	industries into the Texas economy.
20	20	Sec. 481.506. COMMISSION BOARD OF DIRECTORS
21	21	(a) The Commission shall be governed by a nine-member
22	22	independent board of directors that consists of:
23	23	(1) 5 members appointed by the governor;
24	24	(2) 2 members appointed by the lieutenant governor; and
25	25	(3) 2 members appointed by the speaker of the house of
26	26	representatives.
27	27	(b) In making appointments under Subsection (a), priority
28	28	shall be given to individuals with experience in commercial
29	29	aerospace, civil aviation, military aerospace, space economic
30	30	development, and space-related academic research. The governor,
31	31	lieutenant governor, and speaker of the house of representatives
32	32	shall coordinate to ensure at least one representative is appointed
33	33	from each of the following entities:
34	34	(1) the United States military;
35	35	(2) the National Aeronautics and Space Administration;
36	36	(3) a commercial spaceflight operator with a presence in the
37	37	state of Texas; and
38	38	(4) a designee of the Texas Aerospace Research and Space
39	39	Economy Consortium established under Chapter 61, Education Code.
40	40	(c) Board members serve for a two-year term upon
41	41	appointment. Board members are eligible to be reappointed upon
42	42	completion of their two-year term. A vacancy on the commission
43	43	shall be filled in the same manner as the original appointment.
44	44	(d) The commission is administratively attached to the
45	45	office of the governor. The office shall provide the staff and
46	46	facilities necessary to assist the commission in performing its
47	47	duties.
48	48	Sec. 481.507. COMMISSION DUTIES. (a) The commission may:
49	49	(1) execute all contracts and other documents, adopt all
50	50	proceedings, and conduct all activities determined by the
51	51	commission to be necessary to carry out the purposes of this act.
52	52	The commission may authorize one or more members of the commission
53	53	to execute contracts and other documents on behalf of the
54	54	commission;
55	55	(2) establish and create any boards, committees, or other
56	56	entities the commission may deem necessary to exercise commission
57	57	powers provided in this act. The commission may delegate to such
58	58	committees, boards, or other entities administrative duties and
59	59	other powers as the commission may deem necessary. Such entities
60	60	may include an advisory board comprised of representatives of
61	61	military, federal government, and private aeronautic entities;
62	62	(3) Provide financial services to support aerospace-related
63	63	development within the state. Financial services may include
64	64	capitalizing, underwriting, leasing, selling, or securing funding
65	65	for aerospace-related infrastructure; and acquiring, accepting, or
66	66	administering grants and contracts to perform activities that are
67	67	consistent with the goal of the commission;
68	68	(4) Execute intergovernmental agreements and development
69	69	agreements consistent with prevailing statutory provisions,
70	70	including with local and federal organizations, institutions of
71	71	higher education and non-profit entities; and
72	72	(5) Engage in the planning and implementation of
73	73	aerospace-related educational opportunities within the state in
74	74	conjunction with the Texas Aerospace Research and Space Economy
75	75	Consortium established under Education Code, Chapter 61,
76	76	Subchapter PP.
77	77	(b) The commission shall:
78	78	(1) adopt rules to implement this act;
79	79	(2) elect a presiding officer for the board;
80	80	(3) select a person to act as the executive director of the
81	81	commission, having such official title, functions, duties, powers,
82	82	and salary as the commission may prescribe. The executive director
83	83	may staff the commission with other employees necessary for the
84	84	commission to properly function; and
85	85	(4) organize and deliver the strategic plan required by
86	86	Section 481.508 of this chapter.
87	87	Sec. 481.508. STRATEGIC PLAN.
88	88	(a) The commission shall develop a strategic plan for the
89	89	promotion of space, aeronautics, and aviation economic development
90	90	in the State of Texas. Such a plan shall include:
91	91	(1) A list of potential projects that further the goal of
92	92	the commission;
93	93	(2) An estimated total cost required to complete each
94	94	project identified in Subsection (1), including a potential state
95	95	matching cost;
96	96	(3) An assessment of the availability of external funding
97	97	sources for each project identified in Subsection (1); and
98	98	(4) Any other information the commission determines is
99	99	relevant to the furtherance of the goal established in Section
100	100	481.505.
101	101	(b) The strategic plan required by this section shall be
102	102	submitted not later than December 31 of each year to the governor,
103	103	the lieutenant governor, and the speaker of the house of
104	104	representatives.
105	105	Sec. 481.509. SPACE EXPLORATION AND AERONAUTICS RESEARCH
106	106	FUND. (a) The Space Exploration and Aeronautics Research Fund is
107	107	created as a trust fund outside the treasury with the comptroller.
108	108	The fund consists of money from
109	109	(1) gifts, grants, or donations to the commission; and
110	110	(2) any other source designated by the legislature.
111	111	(b) The commission may utilize the fund to make grants to
112	112	eligible institutions for the following purposes:
113	113	(1) development of emerging technologies required for all
114	114	aspects of space operations;
115	115	(2) research involving all aspects of space exploration and
116	116	spaceflight;
117	117	(3) workforce training to promote space exploration and
118	118	spaceflight; and
119	119	(4) processing, exploitation, or research involving
120	120	materials derived from or developed through space exploration and
121	121	spaceflight.
122	122	(d) The commission shall develop procedures for
123	123	administration and approval of grants through the fund.
124	124	(e) For the purposes of this section, "Eligible
125	125	institutions" shall include:
126	126	(1) Business or non-profit entities involved in the space
127	127	exploration, research, or aeronautics industries; and
128	128	(2) Other governmental entities with which an
129	129	intergovernmental agreement has been executed pursuant to Section
130	130	481.507, Subsection (a)(3) and Subsection (b)(4).
131	131	SECTION 2. Chapter 61, Education Code, is amended by adding
132	132	new subchapter PP to read as follows:
133	133	SUBCHAPTER PP. AEROSPACE RESEARCH AND SPACE ECONOMY CONSORTIUM
134	134	Sec. 61.997. ESTABLISHMENT; PURPOSE. The Texas Aerospace
135	135	Research and Space Economy Consortium is established to:
136	136	(a) identify research opportunities for entities within the
137	137	state of Texas that:
138	138	(1) strengthen Texas' proven leadership in civil,
139	139	commercial, and military aerospace activity;
140	140	(2) enhance the state's position in aeronautics research
141	141	and development, astronautics, space commercialization, and
142	142	spaceflight infrastructure; and
143	143	(3) enhance the integration of the space, aeronautics,
144	144	astronautics, and aviation industries into the Texas economy.
145	145	(b) make funding and research recommendations to the Texas
146	146	Space Commission established in Government Code, Chapter 481,
147	147	Subchapter EE.
148	148	Sec. 61.9971. MEMBERSHIP. The consortium is composed of:
149	149	(a) all entities identified in Texas Education Code,
150	150	Section 61.003(8).
151	151	(b) any other entities that the executive committee
152	152	considers necessary.
153	153	Sec. 61.9972. ADMINISTRATIVE ATTACHMENT. (a) The
154	154	consortium is administratively attached to the Texas Higher
155	155	Education Coordinating Board for the purpose of receiving and
156	156	administering appropriations and other funds under this chapter.
157	157	The board is not responsible for providing to the consortium staff
158	158	human resources, contract monitoring, purchasing, or any other
159	159	administrative support services.
160	160	(b) The Texas Higher Education Coordinating Board may not
161	161	use funds intended to carry out the purposes of this chapter for any
162	162	costs incurred by the board under this chapter.
163	163	SUBCHAPTER QQ. EXECUTIVE COMMITTEE
164	164	Sec. 61.9973. EXECUTIVE COMMITTEE COMPOSITION.
165	165	(a) The Commission shall be governed by a nine-member
166	166	independent executive committee that consists of:
167	167	(1) 2 members appointed by the governor;
168	168	(2) 2 members appointed by the lieutenant governor;
169	169	(3) 2 members appointed by the speaker of the house of
170	170	representatives;
171	171	(4) The Chancellor of the Texas A&M University System, or
172	172	their designee;
173	173	(5) The Chancellor of the University of Texas System, or
174	174	their designee; and
175	175	(6) The President of Rice University, or their
176	176	designee.
177	177	(b) In making appointments under Subsection (a), priority
178	178	shall be given to individuals with experience in administration of
179	179	research and development relevant to space, aeronautics, space
180	180	economic development, astronautics, and other academic disciplines
181	181	relevant to space. In making appointments under Subsection (a), the
182	182	governor, lieutenant governor, and speaker of the house of
183	183	representatives shall coordinate to ensure that the membership of
184	184	the executive committee reflects, to the extent possible, the
185	185	ethnic and geographic diversity of this state.
186	186	(c) A vacancy on the executive committee shall be filled in
187	187	the same manner as the original appointment.
188	188	Sec. 61.9974. GIFTS, GRANTS, AND DONATIONS. The executive
189	189	committee may accept on behalf of the consortium gifts, grants, or
190	190	donations from any public or private source for the purpose of
191	191	carrying out this chapter.
192	192	SUBCHAPTER RR. POWERS AND DUTIES
193	193	Sec. 61.9975. GENERAL DUTIES. (a) The executive committee
194	194	established under Section 61.9973 shall:
195	195	(1) develop and execute a comprehensive statewide
196	196	strategic plan to further the objectives identified in Section
197	197	88.901, Subsection (a);
198	198	(2) solicit proposals from consortium members on
199	199	funding and research opportunities related to the objectives
200	200	identified in Section 61.997, Subsection (a);
201	201	(3) report the recommendations assembled in
202	202	Subsection (a)(2) as outlined in Section 61.9976;
203	203	(4) establish procedures and policies for the
204	204	administration of the consortium;
205	205	(5) establish procedures to document compliance by
206	206	executive committee members and staff with applicable laws
207	207	governing conflicts of interest;
208	208	(6) designate a member of the executive committee to
209	209	work in liaison with the Texas Space Commission established under
210	210	Government Code, Chapter 481, Subchapter EE;
211	211	(7) contract with the Texas A&M University System for
212	212	administrative and staff support for the consortium;
213	213	(8) elect a presiding officer from among the
214	214	membership of the executive committee; and
215	215	(9) meet at the call of the presiding officer.
216	216	(b) consortium members identified by Section 61.9971 may
217	217	participate in consortium fact-finding, strategic planning, and
218	218	the formation of recommendations under Subsection (a)(1) and
219	219	Subsection (a)(2). Any consortium member working with the executive
220	220	committee under this subsection shall designate a liaison to the
221	221	consortium executive committee before engaging in such work.
222	222	(c) the consortium is required to implement a provision of
223	223	this chapter only if the legislature appropriates money
224	224	specifically for that purpose. If the legislature does not
225	225	appropriate money specifically for that purpose, the consortium
226	226	may, but is not required to, implement a provision of this chapter.
227	227	Sec. 61.9976. BIENNIAL REPORT. Not later than December 31
228	228	of each even numbered year, the consortium executive committee
229	229	shall submit to the Texas Space Commission established under
230	230	Government Code, Chapter 481, Subchapter EE, a written report that
231	231	outlines:
232	232	(1) the activities and objectives of the consortium;
233	233	(2) a synopsis of the funding and research
234	234	opportunities identified in Section 61.9975, Subsection (a)(2);
235	235	(3) any legislative recommendations to the
236	236	commission;
237	237	(4) any prospective grants or funding the consortium
238	238	members expect to receive; and
239	239	(5) any research accomplishments associated with the
240	240	consortium.
241	241	SECTION 3. This Act takes effect immediately if it receives
242	242	a vote of two-thirds of all the members elected to each house, as
243	243	provided by Section 39, Article III, Texas Constitution. If this
244	244	Act does not receive the vote necessary for immediate effect, this
245	245	Act takes effect September 1, 2023.