By: Huffman S.R. No. 693
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 88th
Legislature, Regular Session, 2023, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 3447 (the establishment and administration of the
Texas Space Commission and the Texas Aerospace Research and Space
Economy Consortium) to consider and take action on the following
matters:
(1) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting proposed
SECTIONS 1 and 2 of the bill. The omitted text reads:
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.
Explanation: The change is necessary to allow the Texas
Space Commission and the Texas Aerospace Research and Space
Economy Consortium to be established under a new chapter of the
Government Code.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding SECTION 1 of the bill to
read as follows:
SECTION 1. Subtitle F, Title 4, Government Code, is
amended by adding Chapter 482 to read as follows:
CHAPTER 482. TEXAS AEROSPACE AND TECHNOLOGY SUPPORT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 482.001. DEFINITIONS. In this chapter:
(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.
SUBCHAPTER B. TEXAS SPACE COMMISSION
Sec. 482.101. 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. 482.102. ADMINISTRATIVE ATTACHMENT. (a) The
commission is administratively attached to the office of the
governor, and the office of the governor shall provide
administrative support to the commission as provided by this
section. The equal employment opportunity officer and the
internal auditor of the office of the governor shall serve the
same functions for the commission as they serve for the office of
the governor.
(b) The office of the governor and the board shall enter
into a memorandum of understanding detailing:
(1) the administrative support the commission
requires from the office of the governor to fulfill the purposes
of this chapter;
(2) the reimbursement of administrative expenses to
the office of the governor; and
(3) any other provisions available by law to ensure
the efficient operation of the commission as attached to the
office of the governor.
Sec. 482.103. SUNSET PROVISION. The commission is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the commission is
abolished and this chapter expires September 1, 2032.
Sec. 482.104. STATE AUDITOR. Nothing in this chapter
limits the authority of the state auditor under Chapter 321 or
other law.
Sec. 482.105. BOARD OF DIRECTORS. (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 speaker of the
house of representatives.
(b) In making appointments under Subsection (a), the
governor, lieutenant governor, and speaker of the house of
representatives shall prioritize appointing 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 appointed by the governor,
lieutenant governor, and speaker of the house serve at the
pleasure of the appointing office for staggered six-year terms,
with the terms of two members expiring on January 31 of each
odd-numbered year.
(d) If a vacancy occurs on the board, the appropriate
appointing authority shall appoint a successor, in the same
manner as the original appointment, to serve for the remainder of
the unexpired term. The appropriate appointing authority shall
appoint the successor not later than the 30th day after the date
the vacancy occurs.
(e) Not later than the 30th day after the date a board
member's term expires, the appropriate appointing authority
shall appoint a replacement.
(f) The board shall elect a presiding officer from among
the members of the board.
Sec. 482.106. EXECUTIVE DIRECTOR. (a) The board shall
hire an executive director. The executive director shall perform
the duties required by this chapter and any duty delegated by the
board.
(b) The executive director must have a demonstrated
ability to lead and develop academic, commercial, military, or
governmental partnerships and coalitions.
(c) The executive director may hire staff as necessary to
implement the duties of the commission under this chapter.
Sec. 482.107. BOARD OF DIRECTORS: AUTHORITY. (a) The
board shall:
(1) direct the activities of, establish goals for,
and provide oversight to the commission;
(2) develop and execute a strategic plan in
accordance with Section 482.201;
(3) establish the appropriate standards and
executive bodies to ensure the proper use of funds authorized
under this chapter for research and facilities development;
(4) identify research and funding opportunities for
entities within this state that:
(A) strengthen and enhance this state's proven
leadership position in civil, commercial, and military
aeronautics research and development and space flight
infrastructure;
(B) enhance the integration of the space,
aeronautics, astronautics, and aviation industries into this
state's economy; and
(C) promote and further research involving
materials derived from or developed through space exploration
and space flight;
(5) capitalize, promote, and assist in the
development of workforce training to further the development of
emerging technologies required for all aspects of space
exploration; and
(6) solicit proposals on funding and research
opportunities related to the objectives in this chapter from the
Texas Aerospace Research and Space Economy Consortium
established under Subchapter G.
(b) The board shall employ a chief compliance officer to
monitor and report to the board regarding compliance with this
chapter and rules adopted under this chapter. The chief
compliance officer shall ensure that all grant proposals comply
with this chapter and rules adopted under this chapter before the
proposals are submitted to the board for approval.
(c) The board may:
(1) establish ad hoc advisory committees as
necessary to carry out the board's duties under this chapter;
(2) adopt and use an official seal;
(3) solicit and accept gifts or grants, and contract
with any entity;
(4) acquire and convey property or an interest in
property;
(5) procure insurance and pay premiums on insurance
of any type, in accounts, and from insurers as the board
considers necessary and advisable to accomplish any of the
commission's purposes;
(6) make grants to public or private persons with an
established presence within this state to encourage economic
development related to space and aerospace;
(7) make grants to enhance the capacity of
institutions of higher education to participate in and support
classified research;
(8) provide matching funding to external funding
provided by relevant federal agencies, private industry, or
private research organizations; and
(9) 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 Subchapter G.
SUBCHAPTER C. STRATEGIC PLAN
Sec. 482.201. 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.
SUBCHAPTER D. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND
Sec. 482.301. SPACE EXPLORATION AND AERONAUTICS RESEARCH
FUND; ESTABLISHMENT. (a) The space exploration and aeronautics
research fund is established to provide grants to eligible
entities as provided by this chapter.
(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, and donations provided to the
commission; and
(2) money from any source designated by the
legislature.
Sec. 482.302. SPACE EXPLORATION AND AERONAUTICS RESEARCH
FUND; GRANTS. (a) Using money available in the fund, the
commission may provide grants to eligible entities described by
Subsection (b) 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;
(4) curation of post-mission materials involved in
space exploration and space flight; and
(5) development of infrastructure useful or
necessary for the establishment or maintenance of a spaceport.
(b) The following entities are eligible for a grant made
under this subchapter:
(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.
(c) The board shall comply with the provisions of this
chapter in developing the procedures for administration and
approval of grants through the fund.
(d) The commission shall provide written notification to
the Legislative Budget Board not later than the 30th day after
the date a grant award is made from the fund.
SUBCHAPTER E. ETHICS AND AUDIT
Sec. 482.401. CONFLICT OF INTEREST. (a) The board shall
adopt conflict-of-interest rules to govern members of the board
and commission employees.
(b) A board member or commission employee shall recuse
himself or herself, as provided by Section 482.402, if the board
member or employee, or a person who is related to the board member
or employee within the second degree of affinity or
consanguinity, has a professional or financial interest in an
entity receiving or applying to receive money from the
commission.
(c) A person has a financial interest in an entity
receiving or applying to receive money from the commission if the
person:
(1) owns or controls, directly or indirectly, an
ownership interest, including sharing in profits, proceeds, or
capital gains, in an entity, or in a foundation or similar
organization affiliated with an entity, receiving or applying to
receive money from the commission; or
(2) could reasonably foresee that an action or
recommendation by the board or commission could result in a
financial benefit to the person.
(d) Nothing in this subchapter limits the authority of
the board to adopt additional conflict-of-interest standards.
Sec. 482.402. DISCLOSURE OF CONFLICT OF INTEREST;
RECUSAL. (a) If a board member has a conflict of interest as
described by Section 482.401 regarding an application that comes
before the board for review or other action, the board member
shall:
(1) provide written notice to the executive
director and the presiding officer of the board or the next
ranking member of the board if the presiding officer has the
conflict of interest;
(2) disclose the conflict of interest in an open
meeting of the board; and
(3) recuse himself or herself from participating in
the review, discussion, deliberation, and vote on the
application and from accessing information regarding the matter
to be decided.
(b) If a commission employee has a conflict of interest
described by Section 482.401 regarding an application that comes
before the employee for review or other action, the employee
shall:
(1) provide written notice to the executive
director of the conflict of interest; and
(2) recuse himself or herself from participating in
the review of the application and be prevented from accessing
information regarding the matter to be decided.
(c) A board member or commission employee with a conflict
of interest may seek a waiver as provided by Section 482.403.
(d) A board member or commission employee who reports a
potential conflict of interest or another impropriety or
self-dealing of the member or employee and who fully complies
with the recommendations of the general counsel and recusal
requirements is considered in compliance with the
conflict-of-interest provisions of this subchapter. The member
or employee is subject to other applicable laws, rules,
requirements, and prohibitions.
(e) A board member or commission employee who
intentionally violates this section is subject to removal from
further participation in the commission's review process.
Sec. 482.403. EXCEPTIONAL CIRCUMSTANCES REQUIRING
PARTICIPATION; INVESTIGATION OF UNREPORTED CONFLICT OF INTEREST.
(a) The board shall adopt rules governing the waiver of the
conflict-of-interest requirements of this subchapter under
exceptional circumstances for a board member or commission
employee. The rules must:
(1) authorize the executive director or a board
member to propose granting a waiver by submitting to the
presiding officer of the board a written statement about the
conflict of interest, the exceptional circumstance requiring the
waiver, and any proposed limitations to the waiver;
(2) require a proposed waiver to be publicly
reported at a meeting of the board;
(3) require a majority vote of the board members
present and voting to grant a waiver; and
(4) require the commission to retain documentation
of each waiver granted.
(b) The board shall adopt rules governing the
investigation and consequences of unreported conflicts of
interest.
Sec. 482.404. CODE OF CONDUCT. (a) The board shall
adopt a code of conduct applicable to each board member and
commission employee.
(b) The code of conduct at a minimum must include
provisions prohibiting the member, the employee, or the member's
or employee's spouse from:
(1) accepting or soliciting any gift, favor, or
service that could reasonably influence the member or employee in
the discharge of official duties or that the member, employee, or
spouse of the member or employee knows or should know is being
offered with the intent to influence the member's or employee's
official conduct;
(2) accepting employment or engaging in any
business or professional activity that would reasonably require
or induce the member or employee to disclose confidential
information acquired in the member's or employee's official
position;
(3) accepting other employment or compensation that
could reasonably impair the member's or employee's independent
judgment in the performance of official duties;
(4) making personal investments or having a
financial interest that could reasonably create a substantial
conflict between the member's or employee's private interest and
the member's or employee's official duties;
(5) intentionally or knowingly soliciting,
accepting, or agreeing to accept any benefit for exercising the
member's official powers or performing the member's or employee's
official duties in favor of another;
(6) leasing, directly or indirectly, any property,
capital equipment, employee, or service to any entity that
receives a grant from the commission;
(7) submitting a grant application for funding by
the board;
(8) serving on the board of directors of an
organization established with a grant from the commission; or
(9) serving on the board of directors of a grant
recipient.
SUBCHAPTER F. PROCEDURE FOR MAKING AWARDS
Sec. 482.501. RULES FOR GRANT AWARD PROCEDURE. (a) The
board shall adopt rules regarding the procedure for awarding
grants to an applicant under this chapter, including a procedure
for the Texas Aerospace Research and Space Economy Consortium to
make recommendations to the board for grant awards.
(b) The board may not award a grant to an applicant who
has made a gift or grant to the commission or a nonprofit
organization established to provide support to the commission.
Sec. 482.502. MULTIYEAR PROJECTS. The board may grant
money for a multiyear project. The board shall specify the total
amount of money approved to fund the multiyear project. The
total amount specified is considered for purposes of this
subchapter to have been awarded in the state fiscal year that the
project is approved by the board. The board shall distribute
only the money that will be expended during that fiscal year. The
board shall distribute the remaining grant money as the money is
needed in each subsequent state fiscal year.
Sec. 482.503. PREFERENCE FOR TEXAS SUPPLIERS. The board
shall establish standards to ensure that grant recipients
purchase goods and services from suppliers in this state to the
extent reasonably possible, in a good faith effort to achieve a
goal of more than 50 percent of those purchases from suppliers in
this state.
Sec. 482.504. GRANT EVALUATION. (a) The executive
director shall determine the grant review process under this
section. The executive director may terminate grants that do not
meet contractual obligations.
(b) The executive director shall report at least annually
to the board on the progress and continued merit of each grant
funded by the commission.
(c) The board shall establish and implement reporting
requirements to ensure that each grant recipient complies with
the terms and conditions in the grant contract, including
verification of the amounts of matching money dedicated to the
research that is the subject of the grant award to the grant
recipient.
(d) The commission shall implement a system to:
(1) track the dates on which grant recipient reports
are due and are received by the commission; and
(2) monitor the status of any required report that
is not timely submitted to the commission by a grant recipient.
Sec. 482.505. GRANT RECORDS. The commission shall
maintain complete records of:
(1) the review of each grant application submitted
to the board, including an application reviewed in accordance
with rules adopted under this chapter, even if the grant
application is not funded by the board or is withdrawn after
submission;
(2) each grant recipient's financial reports,
including the amount of matching money dedicated to the research
specified for the grant award;
(3) each grant recipient's progress reports; and
(4) the board's review of the grant recipient's
financial reports and progress reports.
SUBCHAPTER G. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY
CONSORTIUM
Sec. 482.601. 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. 482.602. SUNSET PROVISION. The consortium is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the consortium is
abolished and this subchapter expires September 1, 2032.
Sec. 482.603. 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 commission.
Sec. 482.604. 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. 482.605. ADMINISTRATIVE ATTACHMENT. The consortium
is administratively attached to the office of the governor for
the purpose of receiving and administering appropriations and
other funds under this subchapter. The office of the governor is
not responsible for providing to the consortium staff, human
resources, contract monitoring, purchasing, or any other
administrative support services.
Sec. 482.606. 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. 482.607. 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. 482.608. 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 commission; 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 may participate in
consortium fact-finding and 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. 482.609. BIENNIAL REPORT. Not later than December
31 of each even-numbered year, the executive committee shall
submit to the commission 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;
(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.
Explanation: The change is necessary to establish the
Texas Space Commission and the Texas Aerospace Research and Space
Economy Consortium as entities administratively attached to the
office of the governor under a new chapter of the Government Code
and to provide certain governance and other requirements
applicable to those entities.
Suspending limitations on conference committee jurisdiction,
H.B. No. 3447.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 28, 2023, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate