Texas 2025 - 89th Regular

Texas House Bill HB5246 Compare Versions

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Old	New	Differences
1	1	89R4660 SCR-F
2	2	By: Bonnen H.B. No. 5246
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration, powers, and duties of the Texas
10	10	Space Commission, the Texas Aerospace Research and Space Economy
11	11	Consortium, and other governmental entities and institutions
12	12	regarding aerospace, aviation, and space exploration initiatives
13	13	and to the abolishment of the spaceport trust fund.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Sections 481.0066(d), (e), and (e-1), Government
16	16	Code, are amended to read as follows:
17	17	(d) The aerospace and aviation office shall:
18	18	(1) analyze aerospace-related [space-related] and
19	19	aviation-related research currently conducted in this state and may
20	20	conduct activities designed to further that research;
21	21	(2) analyze the state's economic position in the
22	22	aerospace and aviation industries;
23	23	(3) develop short-term and long-term business
24	24	strategies as part of an industry-specific strategic plan to
25	25	promote the retention, development, and expansion of aerospace and
26	26	aviation industry facilities in the state that is consistent with
27	27	and complementary of the office strategic plan;
28	28	(4) as part of and to further the purposes of the
29	29	industry-specific strategic plan described by Subdivision (3),
30	30	develop short-term and long-term policy initiatives or recommend
31	31	reforms the state may undertake or implement to:
32	32	(A) increase investment in aerospace and
33	33	aviation activities;
34	34	(B) [support the retention, development, and
35	35	expansion of spaceports in this state;
36	36	[(C)] identify and encourage educational,
37	37	economic, and defense-related opportunities for aerospace and
38	38	aviation activities;
39	39	(C) [(D) determine the appropriate level of
40	40	funding for the spaceport trust fund created under Section 481.0069
41	41	and] support ongoing projects that have been assisted by the former
42	42	spaceport trust fund[, including recommending to the legislature an
43	43	appropriate funding level for the fund]; and
44	44	(D) [(E)] partner with the Texas Higher
45	45	Education Coordinating Board to foster technological advancement
46	46	and economic development for aerospace [spaceport] activities by
47	47	strengthening higher education programs and supporting aerospace
48	48	activities; [and
49	49	[(F) partner with the Texas Workforce Commission
50	50	to support initiatives that address the high technology skills and
51	51	staff resources needed to better promote the state's efforts in
52	52	becoming the leading space exploration state in the nation;]
53	53	(5) act as a liaison with other state and federal
54	54	entities with related economic, educational, and defense
55	55	responsibilities to support the marketing of the state's aerospace
56	56	and aviation capabilities; and
57	57	(6) provide technical support and expertise to the
58	58	state and to local [spaceport] authorities regarding aerospace and
59	59	aviation business matters[; and
60	60	[(7) be responsible for the promotion and development
61	61	of spaceports in this state].
62	62	(e) The governor shall appoint an aerospace and aviation
63	63	advisory committee consisting of[:
64	64	[(1)] seven qualified members to assist in the state's
65	65	economic development efforts to recruit and retain aerospace and
66	66	aviation jobs and investment[; and
67	67	[(2) one member for each active spaceport development
68	68	corporation in the state who represents the interests of each
69	69	respective spaceport development corporation].
70	70	(e-1) The aerospace and aviation advisory committee shall:
71	71	(1) advise the governor on the recruitment and
72	72	retention of aerospace and aviation jobs and investment;
73	73	(2) assist the office and the aerospace and aviation
74	74	office in meeting the state's economic development efforts to
75	75	recruit and retain aerospace and aviation jobs and investment;
76	76	(3) [advise the office, the aerospace and aviation
77	77	office, and the governor on an appropriate funding level for the
78	78	spaceport trust fund;
79	79	[(4)] advise the office, the aerospace and aviation
80	80	office, and the governor on recruitment, retention, and expansion
81	81	of aerospace and aviation industry activities; and
82	82	(4) [(5)] collect and disseminate information on
83	83	federal, state, local, and private community economic development
84	84	programs that assist or provide loans, grants, or other funding to
85	85	aerospace and aviation industry activities.
86	86	SECTION 2. Sections 482.101(a) and (b), Government Code,
87	87	are amended to read as follows:
88	88	(a) The Texas Space Commission is established to strengthen
89	89	this state's proven leadership in civil, commercial, and military
90	90	outer space [aerospace] activity.
91	91	(b) The purpose of the commission is to promote:
92	92	(1) innovation in the fields of space exploration and
93	93	commercial aerospace;
94	94	(2) commercial aerospace opportunities; and
95	95	(3) [, including] the integration of the space and [,]
96	96	aeronautics[, and aviation] industries into the economy of this
97	97	state.
98	98	SECTION 3. Section 482.103, Government Code, is amended to
99	99	read as follows:
100	100	Sec. 482.103. SUNSET PROVISION. The commission is subject
101	101	to Chapter 325 (Texas Sunset Act). Unless continued in existence as
102	102	provided by that chapter, the commission is abolished and this
103	103	chapter expires September 1, 2033 [2032].
104	104	SECTION 4. Section 482.105, Government Code, is amended by
105	105	amending Subsections (a), (b), (c), (e), and (f) and adding
106	106	Subsection (a-1) to read as follows:
107	107	(a) The commission is governed by a [nine-member] board of
108	108	directors [. The board is] composed of the following nine voting
109	109	members:
110	110	(1) three members appointed by the governor;
111	111	(2) three members appointed by the lieutenant
112	112	governor; and
113	113	(3) three members appointed by the speaker of the
114	114	house of representatives.
115	115	(a-1) The executive director of the Texas Economic
116	116	Development and Tourism Office serves as an ex officio nonvoting
117	117	member of the board.
118	118	(b) In making appointments under Subsection (a), the
119	119	governor, lieutenant governor, and speaker of the house of
120	120	representatives shall prioritize appointing individuals with
121	121	experience in:
122	122	(1) the nongovernmental commercial space industry
123	123	[aerospace];
124	124	(2) governmental space operations [civil aviation];
125	125	(3) military space operations [aerospace];
126	126	(4) space-related [space] economic development;
127	127	(5) space-related academic research; and
128	128	(6) nonprofit support of the space economy.
129	129	(c) Voting members [Members] of the board appointed by the
130	130	governor, lieutenant governor, and speaker of the house serve [at
131	131	the pleasure of the appointing office] for staggered six-year
132	132	terms, with the terms of three [two] members expiring on January 31
133	133	of each odd-numbered year.
134	134	(e) Not later than the 30th day after the date a voting board
135	135	member's term expires, the appropriate appointing authority shall
136	136	appoint a replacement.
137	137	(f) The board shall elect a presiding officer from among the
138	138	voting members of the board.
139	139	SECTION 5. Section 482.107, Government Code, is amended to
140	140	read as follows:
141	141	Sec. 482.107. BOARD OF DIRECTORS: AUTHORITY. (a) The board
142	142	shall:
143	143	(1) direct the activities of, establish goals for, and
144	144	provide oversight to the commission;
145	145	(2) develop and execute a strategic plan in accordance
146	146	with Section 482.201;
147	147	(3) establish the appropriate standards and executive
148	148	bodies to ensure the proper use of funds authorized under this
149	149	chapter for research and facilities development;
150	150	(4) identify research and funding opportunities for
151	151	entities within this state that:
152	152	(A) strengthen and enhance this state's proven
153	153	leadership position in civil, commercial, and military aeronautics
154	154	research and development and space flight infrastructure;
155	155	(B) enhance the integration of the space and [,]
156	156	aeronautics[, astronautics, and aviation] industries into this
157	157	state's economy; and
158	158	(C) promote and further research involving
159	159	materials derived from or developed through space exploration and
160	160	space flight;
161	161	(5) capitalize, promote, and assist in the development
162	162	of workforce training to further the development of emerging
163	163	technologies required for all aspects of space exploration; [and]
164	164	(6) solicit proposals from the Texas Aerospace
165	165	Research and Space Economy Consortium established under Chapter 483
166	166	for projects [on funding] and [research] opportunities related to
167	167	the objectives in this chapter that could be funded with money from
168	168	the fund; and
169	169	(7) enter into an interagency agreement with the Texas
170	170	Aerospace Research and Space Economy Consortium regarding the
171	171	submission of proposals for projects eligible for a grant from the
172	172	fund [from the Texas Aerospace Research and Space Economy
173	173	Consortium established under Subchapter G].
174	174	(b) The board shall employ a chief compliance officer to
175	175	monitor and report to the board regarding compliance with this
176	176	chapter and rules adopted under this chapter. The chief compliance
177	177	officer shall ensure that all grant proposals comply with this
178	178	chapter and rules adopted under this chapter [before the proposals
179	179	are submitted to the board for approval].
180	180	(b-1) The board shall employ a general counsel to advise the
181	181	commission and perform duties assigned by the board.
182	182	(c) The board may:
183	183	(1) establish ad hoc advisory committees as necessary
184	184	to carry out the board's duties under this chapter;
185	185	(2) adopt and use an official seal;
186	186	(3) solicit and accept gifts, [or] grants, or
187	187	donations and contract with any entity;
188	188	(4) establish a nonprofit corporation as necessary to
189	189	carry out the purposes of this chapter;
190	190	(5) [(4)] acquire and convey property or an interest
191	191	in property;
192	192	(6) [(5)] procure insurance and pay premiums on
193	193	insurance of any type, in accounts, and from insurers as the board
194	194	considers necessary and advisable to accomplish any of the
195	195	commission's purposes;
196	196	(7) [(6)] make grants to public or private persons
197	197	with an established presence within this state to encourage
198	198	economic development related to space and aerospace;
199	199	(8) [(7)] make grants to enhance the capacity of
200	200	institutions of higher education to participate in and support
201	201	classified research;
202	202	(9) [(8)] provide matching funding to external
203	203	funding provided by relevant federal agencies, private industry, or
204	204	private research organizations; [and]
205	205	(10) [(9)] engage in the planning and implementation
206	206	of space exploration and spaceflight-related [aerospace-related]
207	207	educational opportunities within this state in coordination with
208	208	the Texas Aerospace Research and Space Economy Consortium
209	209	established under Chapter 483;
210	210	(11) in order to carry out the purposes of the
211	211	commission, charter any state-owned aircraft, including aircraft
212	212	held by an institution of higher education, the Texas Department of
213	213	Public Safety, or the Texas Department of Transportation, or other
214	214	aircraft to travel to visit proposed project sites in this state,
215	215	including travel by persons approved by the executive director and
216	216	the board's presiding officer; and
217	217	(12) contract with The Texas A&M University System as
218	218	necessary to carry out the purposes of this chapter [Subchapter G].
219	219	SECTION 6. Section 482.201(a), Government Code, is amended
220	220	to read as follows:
221	221	(a) The commission shall develop and annually update a
222	222	strategic plan for the promotion of space and [,] aeronautics[, and
223	223	aviation] economic development in this state.
224	224	SECTION 7. Section 482.302, Government Code, is amended by
225	225	amending Subsections (a) and (b) and adding Subsections (b-1), (e),
226	226	(f), (g), and (h) to read as follows:
227	227	(a) Using money available in the fund, the commission may
228	228	provide grants to eligible entities described by Subsection (b) for
229	229	the purposes of:
230	230	(1) development of emerging technologies required for
231	231	any aspect of human space flight, including aeronautics;
232	232	(2) research involving any aspect of space exploration
233	233	and space flight, including aeronautics;
234	234	(3) workforce training to promote space exploration
235	235	and space flight, including aeronautics;
236	236	(4) curation of post-mission materials involved in
237	237	space exploration and space flight; and
238	238	(5) development of infrastructure useful or necessary
239	239	for the establishment or maintenance of a spaceport.
240	240	(b) The following entities are eligible for a grant made
241	241	under this subchapter:
242	242	(1) a business or nonprofit entity involved in the
243	243	space exploration and space [,] research industry[,] or the
244	244	aeronautics industry; [and]
245	245	(2) a governmental entity involved in the space
246	246	exploration and space research industry or the aeronautics
247	247	industry; and
248	248	(3) the Texas Aerospace Research and Space Economy
249	249	Consortium established under Chapter 483 [with which the commission
250	250	has entered into an intergovernmental agreement for that purpose].
251	251	(b-1) If the board approves a grant for a governmental
252	252	entity described by Subsection (b)(2), the governmental entity
253	253	shall enter into an intergovernmental agreement with the commission
254	254	with respect to the project or activity for which the grant was
255	255	awarded.
256	256	(e) The commission shall establish sufficient controls to
257	257	ensure that a grant awarded under this subchapter promotes the
258	258	purposes listed in Subsection (a).
259	259	(f) The commission shall adopt a policy on advance payments
260	260	to grant recipients.
261	261	(g) Except as otherwise provided by this section, money
262	262	awarded under this subchapter may be used for authorized expenses,
263	263	including honoraria, salaries and benefits, travel, conference
264	264	fees and expenses, consumable supplies, other operating expenses,
265	265	contracted research and development, capital equipment, and
266	266	construction or renovation of state or private facilities.
267	267	(h) An entity receiving money under this subchapter for
268	268	space exploration or aeronautics research may not spend more than
269	269	five percent of the money for indirect costs. For purposes of this
270	270	subsection, "indirect costs" means the expenses of doing business
271	271	that are not readily identified with a particular grant, contract,
272	272	project, function, or activity, but are necessary for the general
273	273	operation of the entity or the performance of the entity's
274	274	activities.
275	275	SECTION 8. Section 482.501, Government Code, is amended to
276	276	read as follows:
277	277	Sec. 482.501. RULES FOR GRANT AWARD PROCEDURE. (a) The
278	278	board shall adopt rules regarding the procedure for awarding grants
279	279	to applicants [an applicant] under this chapter, including
280	280	obtaining information from the [a procedure for the] Texas
281	281	Aerospace Research and Space Economy Consortium established under
282	282	Chapter 483 as necessary to make award determinations [to make
283	283	recommendations to the board for grant awards].
284	284	(b) The board may not award a grant to an applicant who has
285	285	made a gift or grant to the commission or a nonprofit organization
286	286	established to provide support to the commission during the
287	287	preceding two years.
288	288	SECTION 9. Subchapter G, Chapter 482, Government Code, is
289	289	redesignated as Chapter 483, Government Code, and amended to read
290	290	as follows:
291	291	CHAPTER 483 [SUBCHAPTER G]. TEXAS AEROSPACE RESEARCH AND SPACE
292	292	ECONOMY CONSORTIUM
293	293	Sec. 483.001 [482.601]. DEFINITIONS. In this chapter
294	294	[subchapter]:
295	295	(1) "Commission" means the Texas Space Commission.
296	296	(2) "Consortium" means the Texas Aerospace Research
297	297	and Space Economy Consortium.
298	298	(3) [(2)] "Executive committee" means the executive
299	299	committee of the consortium.
300	300	(4) "Institution of higher education" has the meaning
301	301	assigned by Section 61.003, Education Code.
302	302	Sec. 483.002 [482.602]. SUNSET PROVISION. The consortium is
303	303	subject to Chapter 325 (Texas Sunset Act). Unless continued in
304	304	existence as provided by that chapter, the consortium is abolished
305	305	and this subchapter expires September 1, 2033 [2032].
306	306	Sec. 483.003 [482.603]. ESTABLISHMENT; PURPOSE. The Texas
307	307	Aerospace Research and Space Economy Consortium is established to:
308	308	(1) identify research opportunities for entities
309	309	within this state that:
310	310	(A) strengthen this state's proven leadership in
311	311	civil, commercial, and military space-related [aerospace]
312	312	activity;
313	313	(B) enhance this state's position in aeronautics
314	314	research and development[, astronautics], space commercialization,
315	315	and space flight infrastructure and in the development of space
316	316	travel technologies; and
317	317	(C) enhance the integration of the space and [,]
318	318	aeronautics[, astronautics, and aviation] industries into this
319	319	state's economy; and
320	320	(2) provide [funding and] research recommendations to
321	321	the commission.
322	322	Sec. 483.004 [482.604]. CONSORTIUM COMPOSITION. (a)
323	323	Subject to Subsections (b) and (c), the [The] consortium is
324	324	composed of:
325	325	(1) each participating institution of higher
326	326	education; and
327	327	(2) any other entity that the executive committee
328	328	considers necessary.
329	329	(b) An institution of higher education is considered a
330	330	participating member of the consortium if the institution submits
331	331	to the executive committee the name of a local campus liaison to
332	332	represent the institution on the consortium.
333	333	(c) Selection of an entity for membership in the consortium
334	334	under Subsection (a)(2) must be based on an application process
335	335	established by the executive committee.
336	336	Sec. 483.005 [482.605]. ADMINISTRATIVE ATTACHMENT. (a) The
337	337	consortium is administratively attached to the Texas A&M
338	338	Engineering Experiment Station [office of the governor] for the
339	339	purpose of receiving and administering appropriations and other
340	340	funds under this subchapter. The Texas A&M Engineering Experiment
341	341	Station [office of the governor] is not responsible for providing
342	342	to the consortium staff, human resources, contract monitoring,
343	343	purchasing, or any other administrative support services.
344	344	(b) The executive committee shall establish procedures for
345	345	entering into contracts with The Texas A&M University System or
346	346	applicable subcontractors as necessary to provide administrative
347	347	and staff support to the consortium.
348	348	Sec. 483.006 [482.606]. EXECUTIVE COMMITTEE COMPOSITION.
349	349	(a) The consortium is governed by an independent executive
350	350	committee composed of the following nine members:
351	351	(1) two members appointed by the governor;
352	352	(2) two members appointed by the lieutenant governor;
353	353	(3) two members appointed by the speaker of the house
354	354	of representatives;
355	355	(4) the chancellor of The Texas A&M University System
356	356	or the chancellor's designee;
357	357	(5) the chancellor of The University of Texas System
358	358	or the chancellor's designee; and
359	359	(6) the president of Rice University or the
360	360	president's designee.
361	361	(a-1) An appointed member of the committee serves at the
362	362	pleasure of the appointing official.
363	363	(b) In making appointments under Subsection (a), the
364	364	governor, the lieutenant governor, and the speaker of the house of
365	365	representatives, respectively, shall:
366	366	(1) prioritize appointing individuals with experience
367	367	in:
368	368	(A) aeronautics;
369	369	(B) space economic development; and
370	370	(C) academic engagement with the space economy;
371	371	and
372	372	(2) ensure that the appointments reflect, to the
373	373	extent possible, the ethnic and geographic diversity of this state.
374	374	(c) If a [A] vacancy occurs on the executive committee, the
375	375	appropriate appointing official shall appoint a successor [is
376	376	filled] in the same manner as the initial appointment. The
377	377	appropriate appointing official shall appoint the successor not
378	378	later than the 30th day after the date the vacancy occurs.
379	379	(d) The executive committee shall:
380	380	(1) elect a presiding officer from among the members
381	381	of the committee; and
382	382	(2) meet at the call of the presiding officer.
383	383	Sec. 483.007 [482.607]. GIFTS, GRANTS, AND DONATIONS. On
384	384	behalf of the consortium, the [The] executive committee may
385	385	solicit, [and] accept, give, or spend any [on behalf of the
386	386	consortium] gifts, grants, or donations from any public or private
387	387	source for the purpose of carrying out this subchapter.
388	388	Sec. 483.008 [482.608]. GENERAL DUTIES. (a) The executive
389	389	committee shall:
390	390	(1) develop and execute a comprehensive statewide
391	391	strategic plan to further the purposes of the consortium;
392	392	(2) gather and coordinate recommendations from
393	393	consortium members on [funding and] research opportunities in
394	394	accordance with the purposes of the consortium; and
395	395	(3) establish procedures and policies for the
396	396	administration of the consortium, including:
397	397	(A) procedures for documenting compliance by
398	398	members of the committee and members of the consortium [and
399	399	consortium staff] with applicable laws governing conflicts of
400	400	interest;
401	401	(B) designation of a member of the committee as
402	402	the committee's liaison to the commission; and
403	403	(C) procedures for submitting to the board of
404	404	directors of the commission a request for a grant from the space
405	405	exploration and aeronautics research fund established under
406	406	Chapter 482 for recommended projects and activities and for
407	407	entering into necessary agreements if awarded a grant [entering
408	408	into contracts with The Texas A&M University System as necessary
409	409	for that system to provide administrative and staff support to the
410	410	consortium].
411	411	(b) A member of the consortium may participate in consortium
412	412	fact-finding and strategic planning and the formation of
413	413	recommendations for purposes of Subsections (a)(1) and (a)(2).
414	414	Before assisting the executive committee as provided by this
415	415	subsection, a member of the consortium must designate a liaison to
416	416	the executive committee to represent that member.
417	417	Sec. 483.009 [482.609]. BIENNIAL REPORT. Not later than
418	418	December 31 of each even-numbered year, the executive committee
419	419	shall submit to the commission a written report that includes for
420	420	that biennium:
421	421	(1) the activities and objectives of the consortium;
422	422	(2) a synopsis of the funding and research
423	423	opportunities identified by the consortium;
424	424	(3) legislative recommendations, if any;
425	425	(4) prospective grants or funding the consortium
426	426	members expect to receive, if any; and
427	427	(5) research accomplishments associated with the
428	428	consortium, if any.
429	429	Sec. 483.010. COMPENSATION; EXPENSES. Executive committee
430	430	members serve without compensation but are entitled to
431	431	reimbursement for actual expenses incurred in attending committee
432	432	meetings. Those expenses are paid from funds appropriated to the
433	433	consortium.
434	434	Sec. 483.011 APPLICABILITY OF OTHER LAW. Chapter 2110 does
435	435	not apply to the size, composition, or duration of the executive
436	436	committee.
437	437	SECTION 10. Section 481.0069, Government Code, is repealed.
438	438	SECTION 11. (a) In this section:
439	439	(1) "Office" means the Texas Economic Development and
440	440	Tourism Office.
441	441	(2) "Spaceport development corporation" has the
442	442	meaning assigned by Section 507.001, Local Government Code.
443	443	(b) On September 1, 2025, the spaceport trust fund is
444	444	abolished and the balance of the fund is transferred to the general
445	445	revenue fund for use in accordance with legislative appropriation,
446	446	except as provided by Subsections (d) and (e) of this section.
447	447	(c) The abolishment of the spaceport trust fund and the
448	448	repeal of Section 481.0069, Government Code, do not affect the
449	449	validity of a contract between the office and a spaceport
450	450	development corporation that is entered into under Section
451	451	481.0069(e), Government Code, before September 1, 2025.
452	452	(d) Money that was deposited in the spaceport trust fund as
453	453	a gift, grant, or donation under Section 481.0069(c)(1), Government
454	454	Code, shall be held in trust by the comptroller outside the state
455	455	treasury and shall be administered by the comptroller as trustee as
456	456	provided by this subsection. The comptroller may:
457	457	(1) spend money encumbered by the specific terms of
458	458	the gift, grant, or donation only in accordance with those terms;
459	459	(2) return to the donor or grantor, on request, any
460	460	portion of the amount of a gift, grant, or donation described by
461	461	this subsection that remains on deposit; or
462	462	(3) transfer to the general revenue fund for use in
463	463	accordance with legislative appropriation any other remaining
464	464	money deposited as a gift, grant, or donation under Section
465	465	481.0069(c)(1), Government Code.
466	466	(e) Money from the spaceport trust fund that is encumbered
467	467	because the money is obligated by contract before September 1,
468	468	2025, but under the terms of the contract will not be distributed
469	469	until a later date shall be held in trust by the comptroller as
470	470	trustee outside the state treasury and shall be administered by the
471	471	comptroller as trustee to ensure that the money is distributed in
472	472	accordance with the terms of the contract. If the office determines
473	473	that the money will not be distributed in accordance with the terms
474	474	of contract, the office shall certify that fact to the comptroller.
475	475	On that certification, the comptroller shall transfer that money to
476	476	the general revenue fund to be used in accordance with legislative
477	477	appropriation.
478	478	(f) On or after the effective date of this Act, the
479	479	following payments or other amounts shall be remitted to the
480	480	comptroller for deposit to the general revenue fund:
481	481	(1) any interest or income earned on the investment of
482	482	money in the spaceport trust fund;
483	483	(2) any money returned by a spaceport development
484	484	corporation under a contract entered into under Section 481.0069,
485	485	Government Code; and
486	486	(3) any money received by a donor or grantor under
487	487	Subsection (d)(2) of this section that is subsequently returned to
488	488	the state.
489	489	SECTION 12. The term of a member serving on the aerospace
490	490	and aviation advisory committee immediately preceding the
491	491	effective date of this Act expires on that date. The member may be
492	492	reappointed to the committee.
493	493	SECTION 13. This Act takes effect September 1, 2025.