Texas 2023 - 88th Regular

Texas Senate Bill SR693 Compare Versions

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1	1	By: Huffman S.R. No. 693
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 88th
6	6	Legislature, Regular Session, 2023, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	House Bill 3447 (the establishment and administration of the
10	10	Texas Space Commission and the Texas Aerospace Research and Space
11	11	Economy Consortium) to consider and take action on the following
12	12	matters:
13	13	(1) Senate Rule 12.03(2) is suspended to permit the
14	14	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
17	17	adding 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
26	26	Aerospace Research and Space Economy Consortium is established
27	27	to:
28	28	(1) identify research opportunities for entities
29	29	within this state that:
30	30	(A) strengthen this state's proven leadership
31	31	in civil, commercial, and military aerospace activity;
32	32	(B) enhance this state's position in
33	33	aeronautics research and development, astronautics, space
34	34	commercialization, and space flight infrastructure; and
35	35	(C) enhance the integration of the space,
36	36	aeronautics, astronautics, and aviation industries into this
37	37	state's economy; and
38	38	(2) provide funding and research recommendations to
39	39	the Texas Space Commission established under Section 481.552,
40	40	Government Code.
41	41	Sec. 61.923. CONSORTIUM COMPOSITION. The consortium is
42	42	composed of:
43	43	(1) each institution of higher education; and
44	44	(2) any other entity that the executive committee
45	45	considers necessary.
46	46	Sec. 61.924. ADMINISTRATIVE ATTACHMENT. (a) The
47	47	consortium is administratively attached to the board for the
48	48	purpose of receiving and administering appropriations and other
49	49	funds under this subchapter. The board is not responsible for
50	50	providing to the consortium staff, human resources, contract
51	51	monitoring, purchasing, or any other administrative support
52	52	services.
53	53	(b) The board may not use funds intended to carry out the
54	54	purposes of this subchapter for any costs incurred by the board
55	55	under this subchapter.
56	56	Sec. 61.925. EXECUTIVE COMMITTEE COMPOSITION. (a) The
57	57	consortium is governed by an independent executive committee
58	58	composed of the following nine members:
59	59	(1) two members appointed by the governor;
60	60	(2) two members appointed by the lieutenant
61	61	governor;
62	62	(3) two members appointed by the speaker of the
63	63	house of representatives;
64	64	(4) the chancellor of The Texas A&M University
65	65	System or the chancellor's designee;
66	66	(5) the chancellor of The University of Texas System
67	67	or the chancellor's designee; and
68	68	(6) the president of Rice University or the
69	69	president's designee.
70	70	(b) In making appointments under Subsection (a), the
71	71	governor, the lieutenant governor, and the speaker of the house
72	72	of representatives, respectively, shall:
73	73	(1) prioritize appointing individuals with
74	74	experience in:
75	75	(A) aeronautics;
76	76	(B) space economic development; and
77	77	(C) academic engagement with the space
78	78	economy; and
79	79	(2) ensure that the appointments reflect, to the
80	80	extent possible, the ethnic and geographic diversity of this
81	81	state.
82	82	(c) A vacancy on the executive committee is filled in the
83	83	same manner as the initial appointment.
84	84	(d) The executive committee shall:
85	85	(1) elect a presiding officer from among the members
86	86	of the committee; and
87	87	(2) meet at the call of the presiding officer.
88	88	Sec. 61.926. GIFTS, GRANTS, AND DONATIONS. The
89	89	executive committee may solicit and accept on behalf of the
90	90	consortium gifts, grants, or donations from any public or private
91	91	source for the purpose of carrying out this subchapter.
92	92	Sec. 61.927. GENERAL DUTIES. (a) The executive
93	93	committee shall:
94	94	(1) develop and execute a comprehensive statewide
95	95	strategic plan to further the purposes of the consortium;
96	96	(2) gather and coordinate recommendations from
97	97	consortium members on funding and research opportunities in
98	98	accordance with the purposes of the consortium; and
99	99	(3) establish procedures and policies for the
100	100	administration of the consortium, including:
101	101	(A) procedures for documenting compliance by
102	102	members of the committee and consortium and consortium staff with
103	103	applicable laws governing conflicts of interest;
104	104	(B) designation of a member of the committee
105	105	as the committee's liaison to the Texas Space Commission
106	106	established under Section 481.552, Government Code; and
107	107	(C) procedures for entering into contracts
108	108	with The Texas A&M University System as necessary for that system
109	109	to provide administrative and staff support to the consortium.
110	110	(b) A member of the consortium under Section 61.923 may
111	111	participate in consortium fact-finding, strategic planning, and
112	112	the formation of recommendations for purposes of Subsections
113	113	(a)(1) and (a)(2). Before assisting the executive committee as
114	114	provided by this subsection, a member of the consortium must
115	115	designate a liaison to the executive committee to represent that
116	116	member.
117	117	Sec. 61.928. BIENNIAL REPORT. Not later than December 31
118	118	of each even-numbered year, the executive committee shall submit
119	119	to the Texas Space Commission established under Section 481.552,
120	120	Government Code, a written report that includes for that
121	121	biennium:
122	122	(1) the activities and objectives of the
123	123	consortium;
124	124	(2) a synopsis of the funding and research
125	125	opportunities identified by the consortium under Section
126	126	61.927(a);
127	127	(3) legislative recommendations, if any;
128	128	(4) prospective grants or funding the consortium
129	129	members expect to receive, if any; and
130	130	(5) research accomplishments associated with the
131	131	consortium, if any.
132	132	SECTION 2. Chapter 481, Government Code, is amended by
133	133	adding Subchapter FF to read as follows:
134	134	SUBCHAPTER FF. TEXAS SPACE COMMISSION
135	135	Sec. 481.551. DEFINITIONS. In this subchapter:
136	136	(1) "Board" means the board of directors of the
137	137	commission.
138	138	(2) "Commission" means the Texas Space Commission.
139	139	(3) "Fund" means the Space Exploration and
140	140	Aeronautics Research Fund.
141	141	(4) "Institution of higher education" has the
142	142	meaning assigned by Section 61.003, Education Code.
143	143	Sec. 481.552. ESTABLISHMENT; PURPOSE. (a) The Texas
144	144	Space Commission is established to strengthen this state's
145	145	proven leadership in civil, commercial, and military aerospace
146	146	activity.
147	147	(b) The purpose of the commission is to promote
148	148	innovation in the fields of space exploration and commercial
149	149	aerospace opportunities, including the integration of space,
150	150	aeronautics, and aviation industries into the economy of this
151	151	state.
152	152	Sec. 481.553. BOARD OF DIRECTORS; EXECUTIVE DIRECTOR.
153	153	(a) The commission is governed by a nine-member board of
154	154	directors. The board is composed of:
155	155	(1) three members appointed by the governor;
156	156	(2) three members appointed by the lieutenant
157	157	governor; and
158	158	(3) three members appointed by the governor from a
159	159	list of names submitted by the speaker of the house of
160	160	representatives.
161	161	(b) In making appointments or selecting persons for
162	162	inclusion on the list submitted to the governor under Subsection
163	163	(a), the governor, lieutenant governor, and speaker of the house
164	164	of representatives shall prioritize appointing or selecting, as
165	165	applicable, individuals with experience in:
166	166	(1) commercial aerospace;
167	167	(2) civil aviation;
168	168	(3) military aerospace;
169	169	(4) space economic development;
170	170	(5) space-related academic research; and
171	171	(6) nonprofit support of the space economy.
172	172	(c) Members of the board serve two-year terms and may be
173	173	reappointed for additional terms.
174	174	(d) A vacancy on the board is filled in the same manner as
175	175	the initial appointment.
176	176	(e) The board shall:
177	177	(1) elect a presiding officer from among the members
178	178	of the board;
179	179	(2) appoint an executive director of the commission
180	180	and determine the title, functions, duties, powers, and salary of
181	181	the executive director; and
182	182	(3) adopt rules as necessary to implement the duties
183	183	of the commission under this subchapter.
184	184	(f) The executive director of the commission may hire
185	185	staff as necessary to implement the duties of the commission
186	186	under this subchapter.
187	187	Sec. 481.554. ADMINISTRATIVE ATTACHMENT. (a) The
188	188	commission is administratively attached to the office of the
189	189	governor.
190	190	(b) The office of the governor shall provide the
191	191	commission staff and facilities as necessary to assist the
192	192	commission in performing the commission's duties under this
193	193	subchapter.
194	194	Sec. 481.555. AUTHORITY. The commission may, as
195	195	necessary to perform the commission's duties under this
196	196	subchapter:
197	197	(1) execute contracts and other documents,
198	198	including by authorizing one or more members of the commission to
199	199	execute contracts and other documents on behalf of the
200	200	commission;
201	201	(2) conduct proceedings and other activities;
202	202	(3) establish and create boards, committees, or
203	203	other entities, which may include an advisory board composed of
204	204	representatives of military, federal government, and private
205	205	aeronautic entities, and delegate authority or duties to those
206	206	entities;
207	207	(4) provide financial services to support
208	208	aerospace-related development within this state, including by:
209	209	(A) capitalizing, underwriting, leasing,
210	210	selling, or securing funding for aerospace-related
211	211	infrastructure; and
212	212	(B) acquiring, accepting, or administering
213	213	grants and contracts to perform activities consistent with the
214	214	commission's purpose;
215	215	(5) execute intergovernmental agreements and
216	216	development agreements consistent with existing law, including
217	217	with institutions of higher education and nonprofit entities;
218	218	and
219	219	(6) engage in the planning and implementation of
220	220	aerospace-related educational opportunities within this state in
221	221	coordination with the Texas Aerospace Research and Space Economy
222	222	Consortium established under Section 61.922, Education Code.
223	223	Sec. 481.556. STRATEGIC PLAN. (a) The commission shall
224	224	develop and annually update a strategic plan for the promotion of
225	225	space, aeronautics, and aviation economic development in this
226	226	state.
227	227	(b) The strategic plan must include a list of potential
228	228	projects that further the purpose of the commission, and, for
229	229	each project:
230	230	(1) the estimated total cost for completion,
231	231	including a potential state matching cost; and
232	232	(2) an assessment of the availability of external
233	233	funding sources.
234	234	(c) The strategic plan may include any other information
235	235	the commission determines is relevant to furthering the purpose
236	236	of the commission.
237	237	(d) The board shall submit the strategic plan to the
238	238	governor, the lieutenant governor, and the speaker of the house
239	239	of representatives not later than December 31 of each year.
240	240	Sec. 481.557. SPACE EXPLORATION AND AERONAUTICS RESEARCH
241	241	FUND; GRANTS. (a) The commission shall establish the Space
242	242	Exploration and Aeronautics Research Fund to provide grants to
243	243	eligible entities as provided by this section.
244	244	(b) The fund is a trust fund outside the treasury with the
245	245	comptroller and administered by the commission.
246	246	(c) The fund is composed of:
247	247	(1) gifts, grants, or donations provided to the
248	248	commission; and
249	249	(2) money from any source designated by the
250	250	legislature.
251	251	(d) Using money available in the fund, the commission may
252	252	provide grants to eligible entities described by Subsection (e)
253	253	for the purposes of:
254	254	(1) development of emerging technologies required
255	255	for any aspect of human space flight;
256	256	(2) research involving any aspect of space
257	257	exploration and space flight;
258	258	(3) workforce training to promote space exploration
259	259	and space flight; and
260	260	(4) curation of post-mission materials involved in
261	261	space exploration and space flight.
262	262	(e) The following entities are eligible for a grant made
263	263	under this section:
264	264	(1) a business or nonprofit entity involved in the
265	265	space exploration, research, or aeronautics industry; and
266	266	(2) a governmental entity with which the commission
267	267	has entered into an intergovernmental agreement for that
268	268	purpose.
269	269	(f) The commission shall establish procedures for the
270	270	administration and approval of grants made under this section,
271	271	including procedures to ensure that a grant provided under this
272	272	section is in the public interest and serves the public purpose
273	273	of economic development and diversification.
274	274	Explanation: The change is necessary to allow the Texas
275	275	Space Commission and the Texas Aerospace Research and Space
276	276	Economy Consortium to be established under a new chapter of the
277	277	Government Code.
278	278	(2) Senate Rule 12.03(4) is suspended to permit the
279	279	committee to add text on a matter not included in either the house
280	280	or senate version of the bill by adding SECTION 1 of the bill to
281	281	read as follows:
282	282	SECTION 1. Subtitle F, Title 4, Government Code, is
283	283	amended by adding Chapter 482 to read as follows:
284	284	CHAPTER 482. TEXAS AEROSPACE AND TECHNOLOGY SUPPORT
285	285	SUBCHAPTER A. GENERAL PROVISIONS
286	286	Sec. 482.001. DEFINITIONS. In this chapter:
287	287	(1) "Board" means the board of directors of the
288	288	commission.
289	289	(2) "Commission" means the Texas Space Commission.
290	290	(3) "Fund" means the space exploration and
291	291	aeronautics research fund.
292	292	(4) "Institution of higher education" has the
293	293	meaning assigned by Section 61.003, Education Code.
294	294	SUBCHAPTER B. TEXAS SPACE COMMISSION
295	295	Sec. 482.101. ESTABLISHMENT; PURPOSE. (a) The Texas
296	296	Space Commission is established to strengthen this state's
297	297	proven leadership in civil, commercial, and military aerospace
298	298	activity.
299	299	(b) The purpose of the commission is to promote
300	300	innovation in the fields of space exploration and commercial
301	301	aerospace opportunities, including the integration of space,
302	302	aeronautics, and aviation industries into the economy of this
303	303	state.
304	304	Sec. 482.102. ADMINISTRATIVE ATTACHMENT. (a) The
305	305	commission is administratively attached to the office of the
306	306	governor, and the office of the governor shall provide
307	307	administrative support to the commission as provided by this
308	308	section. The equal employment opportunity officer and the
309	309	internal auditor of the office of the governor shall serve the
310	310	same functions for the commission as they serve for the office of
311	311	the governor.
312	312	(b) The office of the governor and the board shall enter
313	313	into a memorandum of understanding detailing:
314	314	(1) the administrative support the commission
315	315	requires from the office of the governor to fulfill the purposes
316	316	of this chapter;
317	317	(2) the reimbursement of administrative expenses to
318	318	the office of the governor; and
319	319	(3) any other provisions available by law to ensure
320	320	the efficient operation of the commission as attached to the
321	321	office of the governor.
322	322	Sec. 482.103. SUNSET PROVISION. The commission is
323	323	subject to Chapter 325 (Texas Sunset Act). Unless continued in
324	324	existence as provided by that chapter, the commission is
325	325	abolished and this chapter expires September 1, 2032.
326	326	Sec. 482.104. STATE AUDITOR. Nothing in this chapter
327	327	limits the authority of the state auditor under Chapter 321 or
328	328	other law.
329	329	Sec. 482.105. BOARD OF DIRECTORS. (a) The commission is
330	330	governed by a nine-member board of directors. The board is
331	331	composed of:
332	332	(1) three members appointed by the governor;
333	333	(2) three members appointed by the lieutenant
334	334	governor; and
335	335	(3) three members appointed by the speaker of the
336	336	house of representatives.
337	337	(b) In making appointments under Subsection (a), the
338	338	governor, lieutenant governor, and speaker of the house of
339	339	representatives shall prioritize appointing individuals with
340	340	experience in:
341	341	(1) commercial aerospace;
342	342	(2) civil aviation;
343	343	(3) military aerospace;
344	344	(4) space economic development;
345	345	(5) space-related academic research; and
346	346	(6) nonprofit support of the space economy.
347	347	(c) Members of the board appointed by the governor,
348	348	lieutenant governor, and speaker of the house serve at the
349	349	pleasure of the appointing office for staggered six-year terms,
350	350	with the terms of two members expiring on January 31 of each
351	351	odd-numbered year.
352	352	(d) If a vacancy occurs on the board, the appropriate
353	353	appointing authority shall appoint a successor, in the same
354	354	manner as the original appointment, to serve for the remainder of
355	355	the unexpired term. The appropriate appointing authority shall
356	356	appoint the successor not later than the 30th day after the date
357	357	the vacancy occurs.
358	358	(e) Not later than the 30th day after the date a board
359	359	member's term expires, the appropriate appointing authority
360	360	shall appoint a replacement.
361	361	(f) The board shall elect a presiding officer from among
362	362	the members of the board.
363	363	Sec. 482.106. EXECUTIVE DIRECTOR. (a) The board shall
364	364	hire an executive director. The executive director shall perform
365	365	the duties required by this chapter and any duty delegated by the
366	366	board.
367	367	(b) The executive director must have a demonstrated
368	368	ability to lead and develop academic, commercial, military, or
369	369	governmental partnerships and coalitions.
370	370	(c) The executive director may hire staff as necessary to
371	371	implement the duties of the commission under this chapter.
372	372	Sec. 482.107. BOARD OF DIRECTORS: AUTHORITY. (a) The
373	373	board shall:
374	374	(1) direct the activities of, establish goals for,
375	375	and provide oversight to the commission;
376	376	(2) develop and execute a strategic plan in
377	377	accordance with Section 482.201;
378	378	(3) establish the appropriate standards and
379	379	executive bodies to ensure the proper use of funds authorized
380	380	under this chapter for research and facilities development;
381	381	(4) identify research and funding opportunities for
382	382	entities within this state that:
383	383	(A) strengthen and enhance this state's proven
384	384	leadership position in civil, commercial, and military
385	385	aeronautics research and development and space flight
386	386	infrastructure;
387	387	(B) enhance the integration of the space,
388	388	aeronautics, astronautics, and aviation industries into this
389	389	state's economy; and
390	390	(C) promote and further research involving
391	391	materials derived from or developed through space exploration
392	392	and space flight;
393	393	(5) capitalize, promote, and assist in the
394	394	development of workforce training to further the development of
395	395	emerging technologies required for all aspects of space
396	396	exploration; and
397	397	(6) solicit proposals on funding and research
398	398	opportunities related to the objectives in this chapter from the
399	399	Texas Aerospace Research and Space Economy Consortium
400	400	established under Subchapter G.
401	401	(b) The board shall employ a chief compliance officer to
402	402	monitor and report to the board regarding compliance with this
403	403	chapter and rules adopted under this chapter. The chief
404	404	compliance officer shall ensure that all grant proposals comply
405	405	with this chapter and rules adopted under this chapter before the
406	406	proposals are submitted to the board for approval.
407	407	(c) The board may:
408	408	(1) establish ad hoc advisory committees as
409	409	necessary to carry out the board's duties under this chapter;
410	410	(2) adopt and use an official seal;
411	411	(3) solicit and accept gifts or grants, and contract
412	412	with any entity;
413	413	(4) acquire and convey property or an interest in
414	414	property;
415	415	(5) procure insurance and pay premiums on insurance
416	416	of any type, in accounts, and from insurers as the board
417	417	considers necessary and advisable to accomplish any of the
418	418	commission's purposes;
419	419	(6) make grants to public or private persons with an
420	420	established presence within this state to encourage economic
421	421	development related to space and aerospace;
422	422	(7) make grants to enhance the capacity of
423	423	institutions of higher education to participate in and support
424	424	classified research;
425	425	(8) provide matching funding to external funding
426	426	provided by relevant federal agencies, private industry, or
427	427	private research organizations; and
428	428	(9) engage in the planning and implementation of
429	429	aerospace-related educational opportunities within this state in
430	430	coordination with the Texas Aerospace Research and Space Economy
431	431	Consortium established under Subchapter G.
432	432	SUBCHAPTER C. STRATEGIC PLAN
433	433	Sec. 482.201. STRATEGIC PLAN. (a) The commission shall
434	434	develop and annually update a strategic plan for the promotion of
435	435	space, aeronautics, and aviation economic development in this
436	436	state.
437	437	(b) The strategic plan must include a list of potential
438	438	projects that further the purpose of the commission, and, for
439	439	each project:
440	440	(1) the estimated total cost for completion,
441	441	including a potential state matching cost; and
442	442	(2) an assessment of the availability of external
443	443	funding sources.
444	444	(c) The strategic plan may include any other information
445	445	the commission determines is relevant to furthering the purpose
446	446	of the commission.
447	447	(d) The board shall submit the strategic plan to the
448	448	governor, the lieutenant governor, and the speaker of the house
449	449	of representatives not later than December 31 of each year.
450	450	SUBCHAPTER D. SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND
451	451	Sec. 482.301. SPACE EXPLORATION AND AERONAUTICS RESEARCH
452	452	FUND; ESTABLISHMENT. (a) The space exploration and aeronautics
453	453	research fund is established to provide grants to eligible
454	454	entities as provided by this chapter.
455	455	(b) The fund is a trust fund outside the treasury with the
456	456	comptroller and administered by the commission.
457	457	(c) The fund is composed of:
458	458	(1) gifts, grants, and donations provided to the
459	459	commission; and
460	460	(2) money from any source designated by the
461	461	legislature.
462	462	Sec. 482.302. SPACE EXPLORATION AND AERONAUTICS RESEARCH
463	463	FUND; GRANTS. (a) Using money available in the fund, the
464	464	commission may provide grants to eligible entities described by
465	465	Subsection (b) for the purposes of:
466	466	(1) development of emerging technologies required
467	467	for any aspect of human space flight;
468	468	(2) research involving any aspect of space
469	469	exploration and space flight;
470	470	(3) workforce training to promote space exploration
471	471	and space flight;
472	472	(4) curation of post-mission materials involved in
473	473	space exploration and space flight; and
474	474	(5) development of infrastructure useful or
475	475	necessary for the establishment or maintenance of a spaceport.
476	476	(b) The following entities are eligible for a grant made
477	477	under this subchapter:
478	478	(1) a business or nonprofit entity involved in the
479	479	space exploration, research, or aeronautics industry; and
480	480	(2) a governmental entity with which the commission
481	481	has entered into an intergovernmental agreement for that
482	482	purpose.
483	483	(c) The board shall comply with the provisions of this
484	484	chapter in developing the procedures for administration and
485	485	approval of grants through the fund.
486	486	(d) The commission shall provide written notification to
487	487	the Legislative Budget Board not later than the 30th day after
488	488	the date a grant award is made from the fund.
489	489	SUBCHAPTER E. ETHICS AND AUDIT
490	490	Sec. 482.401. CONFLICT OF INTEREST. (a) The board shall
491	491	adopt conflict-of-interest rules to govern members of the board
492	492	and commission employees.
493	493	(b) A board member or commission employee shall recuse
494	494	himself or herself, as provided by Section 482.402, if the board
495	495	member or employee, or a person who is related to the board member
496	496	or employee within the second degree of affinity or
497	497	consanguinity, has a professional or financial interest in an
498	498	entity receiving or applying to receive money from the
499	499	commission.
500	500	(c) A person has a financial interest in an entity
501	501	receiving or applying to receive money from the commission if the
502	502	person:
503	503	(1) owns or controls, directly or indirectly, an
504	504	ownership interest, including sharing in profits, proceeds, or
505	505	capital gains, in an entity, or in a foundation or similar
506	506	organization affiliated with an entity, receiving or applying to
507	507	receive money from the commission; or
508	508	(2) could reasonably foresee that an action or
509	509	recommendation by the board or commission could result in a
510	510	financial benefit to the person.
511	511	(d) Nothing in this subchapter limits the authority of
512	512	the board to adopt additional conflict-of-interest standards.
513	513	Sec. 482.402. DISCLOSURE OF CONFLICT OF INTEREST;
514	514	RECUSAL. (a) If a board member has a conflict of interest as
515	515	described by Section 482.401 regarding an application that comes
516	516	before the board for review or other action, the board member
517	517	shall:
518	518	(1) provide written notice to the executive
519	519	director and the presiding officer of the board or the next
520	520	ranking member of the board if the presiding officer has the
521	521	conflict of interest;
522	522	(2) disclose the conflict of interest in an open
523	523	meeting of the board; and
524	524	(3) recuse himself or herself from participating in
525	525	the review, discussion, deliberation, and vote on the
526	526	application and from accessing information regarding the matter
527	527	to be decided.
528	528	(b) If a commission employee has a conflict of interest
529	529	described by Section 482.401 regarding an application that comes
530	530	before the employee for review or other action, the employee
531	531	shall:
532	532	(1) provide written notice to the executive
533	533	director of the conflict of interest; and
534	534	(2) recuse himself or herself from participating in
535	535	the review of the application and be prevented from accessing
536	536	information regarding the matter to be decided.
537	537	(c) A board member or commission employee with a conflict
538	538	of interest may seek a waiver as provided by Section 482.403.
539	539	(d) A board member or commission employee who reports a
540	540	potential conflict of interest or another impropriety or
541	541	self-dealing of the member or employee and who fully complies
542	542	with the recommendations of the general counsel and recusal
543	543	requirements is considered in compliance with the
544	544	conflict-of-interest provisions of this subchapter. The member
545	545	or employee is subject to other applicable laws, rules,
546	546	requirements, and prohibitions.
547	547	(e) A board member or commission employee who
548	548	intentionally violates this section is subject to removal from
549	549	further participation in the commission's review process.
550	550	Sec. 482.403. EXCEPTIONAL CIRCUMSTANCES REQUIRING
551	551	PARTICIPATION; INVESTIGATION OF UNREPORTED CONFLICT OF INTEREST.
552	552	(a) The board shall adopt rules governing the waiver of the
553	553	conflict-of-interest requirements of this subchapter under
554	554	exceptional circumstances for a board member or commission
555	555	employee. The rules must:
556	556	(1) authorize the executive director or a board
557	557	member to propose granting a waiver by submitting to the
558	558	presiding officer of the board a written statement about the
559	559	conflict of interest, the exceptional circumstance requiring the
560	560	waiver, and any proposed limitations to the waiver;
561	561	(2) require a proposed waiver to be publicly
562	562	reported at a meeting of the board;
563	563	(3) require a majority vote of the board members
564	564	present and voting to grant a waiver; and
565	565	(4) require the commission to retain documentation
566	566	of each waiver granted.
567	567	(b) The board shall adopt rules governing the
568	568	investigation and consequences of unreported conflicts of
569	569	interest.
570	570	Sec. 482.404. CODE OF CONDUCT. (a) The board shall
571	571	adopt a code of conduct applicable to each board member and
572	572	commission employee.
573	573	(b) The code of conduct at a minimum must include
574	574	provisions prohibiting the member, the employee, or the member's
575	575	or employee's spouse from:
576	576	(1) accepting or soliciting any gift, favor, or
577	577	service that could reasonably influence the member or employee in
578	578	the discharge of official duties or that the member, employee, or
579	579	spouse of the member or employee knows or should know is being
580	580	offered with the intent to influence the member's or employee's
581	581	official conduct;
582	582	(2) accepting employment or engaging in any
583	583	business or professional activity that would reasonably require
584	584	or induce the member or employee to disclose confidential
585	585	information acquired in the member's or employee's official
586	586	position;
587	587	(3) accepting other employment or compensation that
588	588	could reasonably impair the member's or employee's independent
589	589	judgment in the performance of official duties;
590	590	(4) making personal investments or having a
591	591	financial interest that could reasonably create a substantial
592	592	conflict between the member's or employee's private interest and
593	593	the member's or employee's official duties;
594	594	(5) intentionally or knowingly soliciting,
595	595	accepting, or agreeing to accept any benefit for exercising the
596	596	member's official powers or performing the member's or employee's
597	597	official duties in favor of another;
598	598	(6) leasing, directly or indirectly, any property,
599	599	capital equipment, employee, or service to any entity that
600	600	receives a grant from the commission;
601	601	(7) submitting a grant application for funding by
602	602	the board;
603	603	(8) serving on the board of directors of an
604	604	organization established with a grant from the commission; or
605	605	(9) serving on the board of directors of a grant
606	606	recipient.
607	607	SUBCHAPTER F. PROCEDURE FOR MAKING AWARDS
608	608	Sec. 482.501. RULES FOR GRANT AWARD PROCEDURE. (a) The
609	609	board shall adopt rules regarding the procedure for awarding
610	610	grants to an applicant under this chapter, including a procedure
611	611	for the Texas Aerospace Research and Space Economy Consortium to
612	612	make recommendations to the board for grant awards.
613	613	(b) The board may not award a grant to an applicant who
614	614	has made a gift or grant to the commission or a nonprofit
615	615	organization established to provide support to the commission.
616	616	Sec. 482.502. MULTIYEAR PROJECTS. The board may grant
617	617	money for a multiyear project. The board shall specify the total
618	618	amount of money approved to fund the multiyear project. The
619	619	total amount specified is considered for purposes of this
620	620	subchapter to have been awarded in the state fiscal year that the
621	621	project is approved by the board. The board shall distribute
622	622	only the money that will be expended during that fiscal year. The
623	623	board shall distribute the remaining grant money as the money is
624	624	needed in each subsequent state fiscal year.
625	625	Sec. 482.503. PREFERENCE FOR TEXAS SUPPLIERS. The board
626	626	shall establish standards to ensure that grant recipients
627	627	purchase goods and services from suppliers in this state to the
628	628	extent reasonably possible, in a good faith effort to achieve a
629	629	goal of more than 50 percent of those purchases from suppliers in
630	630	this state.
631	631	Sec. 482.504. GRANT EVALUATION. (a) The executive
632	632	director shall determine the grant review process under this
633	633	section. The executive director may terminate grants that do not
634	634	meet contractual obligations.
635	635	(b) The executive director shall report at least annually
636	636	to the board on the progress and continued merit of each grant
637	637	funded by the commission.
638	638	(c) The board shall establish and implement reporting
639	639	requirements to ensure that each grant recipient complies with
640	640	the terms and conditions in the grant contract, including
641	641	verification of the amounts of matching money dedicated to the
642	642	research that is the subject of the grant award to the grant
643	643	recipient.
644	644	(d) The commission shall implement a system to:
645	645	(1) track the dates on which grant recipient reports
646	646	are due and are received by the commission; and
647	647	(2) monitor the status of any required report that
648	648	is not timely submitted to the commission by a grant recipient.
649	649	Sec. 482.505. GRANT RECORDS. The commission shall
650	650	maintain complete records of:
651	651	(1) the review of each grant application submitted
652	652	to the board, including an application reviewed in accordance
653	653	with rules adopted under this chapter, even if the grant
654	654	application is not funded by the board or is withdrawn after
655	655	submission;
656	656	(2) each grant recipient's financial reports,
657	657	including the amount of matching money dedicated to the research
658	658	specified for the grant award;
659	659	(3) each grant recipient's progress reports; and
660	660	(4) the board's review of the grant recipient's
661	661	financial reports and progress reports.
662	662	SUBCHAPTER G. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY
663	663	CONSORTIUM
664	664	Sec. 482.601. DEFINITIONS. In this subchapter:
665	665	(1) "Consortium" means the Texas Aerospace Research
666	666	and Space Economy Consortium.
667	667	(2) "Executive committee" means the executive
668	668	committee of the consortium.
669	669	Sec. 482.602. SUNSET PROVISION. The consortium is
670	670	subject to Chapter 325 (Texas Sunset Act). Unless continued in
671	671	existence as provided by that chapter, the consortium is
672	672	abolished and this subchapter expires September 1, 2032.
673	673	Sec. 482.603. ESTABLISHMENT; PURPOSE. The Texas
674	674	Aerospace Research and Space Economy Consortium is established
675	675	to:
676	676	(1) identify research opportunities for entities
677	677	within this state that:
678	678	(A) strengthen this state's proven leadership
679	679	in civil, commercial, and military aerospace activity;
680	680	(B) enhance this state's position in
681	681	aeronautics research and development, astronautics, space
682	682	commercialization, and space flight infrastructure; and
683	683	(C) enhance the integration of the space,
684	684	aeronautics, astronautics, and aviation industries into this
685	685	state's economy; and
686	686	(2) provide funding and research recommendations to
687	687	the commission.
688	688	Sec. 482.604. CONSORTIUM COMPOSITION. The consortium is
689	689	composed of:
690	690	(1) each institution of higher education; and
691	691	(2) any other entity that the executive committee
692	692	considers necessary.
693	693	Sec. 482.605. ADMINISTRATIVE ATTACHMENT. The consortium
694	694	is administratively attached to the office of the governor for
695	695	the purpose of receiving and administering appropriations and
696	696	other funds under this subchapter. The office of the governor is
697	697	not responsible for providing to the consortium staff, human
698	698	resources, contract monitoring, purchasing, or any other
699	699	administrative support services.
700	700	Sec. 482.606. EXECUTIVE COMMITTEE COMPOSITION. (a) The
701	701	consortium is governed by an independent executive committee
702	702	composed of the following nine members:
703	703	(1) two members appointed by the governor;
704	704	(2) two members appointed by the lieutenant
705	705	governor;
706	706	(3) two members appointed by the speaker of the
707	707	house of representatives;
708	708	(4) the chancellor of The Texas A&M University
709	709	System or the chancellor's designee;
710	710	(5) the chancellor of The University of Texas System
711	711	or the chancellor's designee; and
712	712	(6) the president of Rice University or the
713	713	president's designee.
714	714	(b) In making appointments under Subsection (a), the
715	715	governor, the lieutenant governor, and the speaker of the house
716	716	of representatives, respectively, shall:
717	717	(1) prioritize appointing individuals with
718	718	experience in:
719	719	(A) aeronautics;
720	720	(B) space economic development; and
721	721	(C) academic engagement with the space
722	722	economy; and
723	723	(2) ensure that the appointments reflect, to the
724	724	extent possible, the ethnic and geographic diversity of this
725	725	state.
726	726	(c) A vacancy on the executive committee is filled in the
727	727	same manner as the initial appointment.
728	728	(d) The executive committee shall:
729	729	(1) elect a presiding officer from among the members
730	730	of the committee; and
731	731	(2) meet at the call of the presiding officer.
732	732	Sec. 482.607. GIFTS, GRANTS, AND DONATIONS. The
733	733	executive committee may solicit and accept on behalf of the
734	734	consortium gifts, grants, or donations from any public or private
735	735	source for the purpose of carrying out this subchapter.
736	736	Sec. 482.608. GENERAL DUTIES. (a) The executive
737	737	committee shall:
738	738	(1) develop and execute a comprehensive statewide
739	739	strategic plan to further the purposes of the consortium;
740	740	(2) gather and coordinate recommendations from
741	741	consortium members on funding and research opportunities in
742	742	accordance with the purposes of the consortium; and
743	743	(3) establish procedures and policies for the
744	744	administration of the consortium, including:
745	745	(A) procedures for documenting compliance by
746	746	members of the committee and consortium and consortium staff with
747	747	applicable laws governing conflicts of interest;
748	748	(B) designation of a member of the committee
749	749	as the committee's liaison to the commission; and
750	750	(C) procedures for entering into contracts
751	751	with The Texas A&M University System as necessary for that system
752	752	to provide administrative and staff support to the consortium.
753	753	(b) A member of the consortium may participate in
754	754	consortium fact-finding and strategic planning and the formation
755	755	of recommendations for purposes of Subsections (a)(1) and
756	756	(a)(2). Before assisting the executive committee as provided by
757	757	this subsection, a member of the consortium must designate a
758	758	liaison to the executive committee to represent that member.
759	759	Sec. 482.609. BIENNIAL REPORT. Not later than December
760	760	31 of each even-numbered year, the executive committee shall
761	761	submit to the commission a written report that includes for that
762	762	biennium:
763	763	(1) the activities and objectives of the
764	764	consortium;
765	765	(2) a synopsis of the funding and research
766	766	opportunities identified by the consortium;
767	767	(3) legislative recommendations, if any;
768	768	(4) prospective grants or funding the consortium
769	769	members expect to receive, if any; and
770	770	(5) research accomplishments associated with the
771	771	consortium, if any.
772	772	Explanation: The change is necessary to establish the
773	773	Texas Space Commission and the Texas Aerospace Research and Space
774	774	Economy Consortium as entities administratively attached to the
775	775	office of the governor under a new chapter of the Government Code
776	776	and to provide certain governance and other requirements
777	777	applicable to those entities.
778	778	Suspending limitations on conference committee jurisdiction,
779	779	H.B. No. 3447.
780	780	_______________________________
781	781	President of the Senate
782	782	I hereby certify that the
783	783	above Resolution was adopted by
784	784	the Senate on May 28, 2023, by the
785	785	following vote: Yeas 31, Nays 0.
786	786	_______________________________
787	787	Secretary of the Senate