Texas 2025 - 89th Regular

Texas Senate Bill SB209 Compare Versions

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1+89R1890 MLH-D
12 By: West S.B. No. 209
2- (In the Senate - Filed November 12, 2024; February 3, 2025,
3- read first time and referred to Committee on Economic Development;
4- April 7, 2025, reported favorably by the following vote: Yeas 5,
5- Nays 0; April 7, 2025, sent to printer.)
6-Click here to see the committee vote
3+
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97 A BILL TO BE ENTITLED
108 AN ACT
119 relating to the creation of the Texas technology and innovation
1210 program.
1311 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1412 SECTION 1. Chapter 489, Government Code, is amended by
1513 adding Subchapter G to read as follows:
1614 SUBCHAPTER G. TEXAS TECHNOLOGY AND INNOVATION PROGRAM
1715 Sec. 489.351. DEFINITIONS. In this subchapter:
1816 (1) "Federal funding program" means the small business
1917 innovation research and small business technology transfer
2018 programs established by 15 U.S.C. Section 638.
2119 (2) "Program" means the Texas technology and
2220 innovation program established under this subchapter.
2321 Sec. 489.352. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
2422 The office shall establish and administer the Texas technology and
2523 innovation program to foster job creation and economic development
2624 in this state by matching or supplementing money received by a
2725 business entity through the federal funding program.
2826 Sec. 489.353. ELIGIBILITY. To be eligible to receive money
2927 under the program, a business entity must:
3028 (1) meet at least one of the following conditions:
3129 (A) be organized under the laws of this state;
3230 (B) maintain a domestic headquarters in this
3331 state;
3432 (C) maintain at least one manufacturing facility
3533 in this state; or
3634 (D) have more than half of the entity's employees
3735 residing in this state;
3836 (2) meet all requirements to receive money under the
3937 federal funding program;
4038 (3) not receive concurrent funding from another state
4139 program or fund that serves the same purpose as the program; and
4240 (4) meet any additional requirements under this
4341 subchapter for the applicable phase under which the business entity
4442 applies to receive money.
45- Sec. 489.354. APPLICATION. (a) A business entity may
46- apply to receive money under the program by submitting an
47- application under oath to the office on a form prescribed by the
48- office. The application must include:
43+ Sec. 489.354. APPLICATION. (a) A business entity may apply
44+ to receive money under the program by submitting an application
45+ under oath to the office on a form prescribed by the office. The
46+ application must include:
4947 (1) the business entity's name;
5048 (2) the business entity's business organization
5149 structure;
5250 (3) the business entity's address and any principals
5351 listed at a different address;
5452 (4) certification of the information required under
5553 Section 489.353; and
5654 (5) any other information required by the office.
5755 (b) In addition to the requirements of Subsection (a), a
5856 business entity must provide to the office, as applicable:
5957 (1) for "phase zero" or a similar stage of the federal
6058 funding program process, a notification of receipt for an
6159 application for funding under the federal funding program;
6260 (2) for "phase one" or a similar stage of the federal
6361 funding program process:
6462 (A) a notice of award to the entity from a funding
6563 agency under the federal funding program;
6664 (B) a final report for the applicable stage as
6765 required by the federal funding program; and
6866 (C) a proposal for money under the next stage of
6967 the federal funding program; and
7068 (3) for "phase two" or a similar stage of the federal
7169 funding program process:
7270 (A) a notice of award to the entity from a funding
7371 agency under the federal funding program; and
7472 (B) a final report for the applicable stage as
7573 required by the federal funding program.
7674 Sec. 489.355. AWARD OF GRANT; LIMITATIONS. (a) The office
7775 may award a "phase zero" grant under this subchapter immediately on
7876 fulfillment of the requirements under Section 489.354(b)(1).
7977 (b) The office may award a "phase one" grant under this
8078 subchapter immediately on fulfillment of the requirements under
8179 Section 489.354(b)(2).
8280 (c) The office may award a "phase two" grant under this
8381 subchapter immediately on fulfillment of the requirements under
8482 Section 489.354(b)(3).
8583 (d) A business entity may assign a grant received under this
8684 subchapter only with the prior written consent of the office.
8785 (e) A business entity may not receive more than:
8886 (1) one grant in each state fiscal year; and
8987 (2) five grants in each phase under this section.
9088 Sec. 489.356. FUNDING. (a) The office shall award grants
9189 as provided by this subchapter from available money and any
9290 additional money appropriated for purposes of this subchapter.
9391 (b) The office may solicit and receive gifts, grants, and
9492 donations from any source to provide additional funding for grants
9593 awarded under this subchapter.
9694 SECTION 2. As soon as practicable after the effective date
9795 of this Act, the Texas Economic Development and Tourism Office
9896 shall adopt the rules necessary to implement Subchapter G, Chapter
9997 489, Government Code, as added by this Act.
10098 SECTION 3. (a) Notwithstanding any other section of this
10199 Act, in a state fiscal year, the Texas Economic Development and
102100 Tourism Office is not required to implement a provision found in
103101 another section of this Act that is drafted as a mandatory provision
104102 imposing a duty on the office to take an action unless money is
105103 specifically appropriated to the office for that fiscal year to
106104 carry out that duty. The Texas Economic Development and Tourism
107105 Office may implement the provision in that fiscal year to the extent
108106 other funding is available to the office to do so.
109107 (b) If, as authorized by Subsection (a) of this section, the
110108 Texas Economic Development and Tourism Office does not implement
111109 the mandatory provision in a state fiscal year, the office, in its
112110 legislative budget request for the next state fiscal biennium,
113111 shall certify that fact to the Legislative Budget Board and include
114112 a written estimate of the costs of implementing the provision in
115113 each year of that next state fiscal biennium.
116114 SECTION 4. This Act takes effect September 1, 2025.
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