By: Huffman S.B. No. 1652
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation, management and administration of the
  Texas Space Commission and the Texas Aerospace Research and Space
  Economy Consortium.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 481, Government Code, is amended by
  adding Subchapter EE to read as follows:
  SUBCHAPTER EE. TEXAS SPACE COMMISSION
         Sec. 481.505.  TEXAS SPACE COMMISSION; ESTABLISHMENT. The
  Texas Space Commission is established to strengthen the state's
  proven leadership in civil, commercial, and military aerospace
  activity. The goal of the commission is to promote innovation in the
  field of space operations and commercial aerospace opportunities,
  including the integration of space, aeronautics, and aviation
  industries into the Texas economy.
         Sec. 481.506.  COMMISSION BOARD OF DIRECTORS
         (a)  The Commission shall be governed by a nine-member
  independent board of directors that consists of:
         (1)  5 members appointed by the governor;
         (2)  2 members appointed by the lieutenant governor; and
         (3)  2 members appointed by the speaker of the house of
  representatives.
         (b)  In making appointments under Subsection (a), priority
  shall be given to individuals with experience in commercial
  aerospace, civil aviation, military aerospace, space economic
  development, and space-related academic research. The governor,
  lieutenant governor, and speaker of the house of representatives
  shall coordinate to ensure at least one representative is appointed
  from each of the following entities:
         (1)  the United States military; 
         (2)  the National Aeronautics and Space Administration;
         (3)  a commercial spaceflight operator with a presence in the
  state of Texas; and
         (4)  a designee of the Texas Aerospace Research and Space
  Economy Consortium established under Chapter 61, Education Code.
         (c)  Board members serve for a two-year term upon
  appointment. Board members are eligible to be reappointed upon
  completion of their two-year term. A vacancy on the commission
  shall be filled in the same manner as the original appointment.
         (d)  The commission is administratively attached to the
  office of the governor. The office shall provide the staff and
  facilities necessary to assist the commission in performing its
  duties.
         Sec. 481.507.  COMMISSION DUTIES. (a)  The commission may:
         (1)  execute all contracts and other documents, adopt all
  proceedings, and conduct all activities determined by the
  commission to be necessary to carry out the purposes of this act.
  The commission may authorize one or more members of the commission
  to execute contracts and other documents on behalf of the
  commission;
         (2)  establish and create any boards, committees, or other
  entities the commission may deem necessary to exercise commission
  powers provided in this act. The commission may delegate to such
  committees, boards, or other entities administrative duties and
  other powers as the commission may deem necessary. Such entities
  may include an advisory board comprised of representatives of
  military, federal government, and private aeronautic entities;
         (3)  Provide financial services to support aerospace-related
  development within the state. Financial services may include
  capitalizing, underwriting, leasing, selling, or securing funding
  for aerospace-related infrastructure; and acquiring, accepting, or
  administering grants and contracts to perform activities that are
  consistent with the goal of the commission;
         (4)  Execute intergovernmental agreements and development
  agreements consistent with prevailing statutory provisions,
  including with local and federal organizations, institutions of
  higher education and non-profit entities; and
         (5)  Engage in the planning and implementation of
  aerospace-related educational opportunities within the state in
  conjunction with the Texas Aerospace Research and Space Economy
  Consortium established under Education Code, Chapter 61,
  Subchapter PP.
         (b)  The commission shall:
         (1)  adopt rules to implement this act;
         (2)  elect a presiding officer for the board;
         (3)  select a person to act as the executive director of the
  commission, having such official title, functions, duties, powers,
  and salary as the commission may prescribe. The executive director
  may staff the commission with other employees necessary for the
  commission to properly function; and
         (4)  organize and deliver the strategic plan required by
  Section 481.508 of this chapter.
         Sec. 481.508.  STRATEGIC PLAN.
         (a)  The commission shall develop a strategic plan for the
  promotion of space, aeronautics, and aviation economic development
  in the State of Texas. Such a plan shall include:
         (1)  A list of potential projects that further the goal of
  the commission;
         (2)  An estimated total cost required to complete each
  project identified in Subsection (1), including a potential state
  matching cost;
         (3)  An assessment of the availability of external funding
  sources for each project identified in Subsection (1); and
         (4)  Any other information the commission determines is
  relevant to the furtherance of the goal established in Section
  481.505.
         (b)  The strategic plan required by this section shall be
  submitted not later than December 31 of each year to the governor,
  the lieutenant governor, and the speaker of the house of
  representatives.
         Sec. 481.509.  SPACE EXPLORATION AND AERONAUTICS RESEARCH
  FUND. (a) The Space Exploration and Aeronautics Research Fund is
  created as a trust fund outside the treasury with the comptroller.
  The fund consists of money from
         (1)  gifts, grants, or donations to the commission; and
         (2)  any other source designated by the legislature.
         (b)  The commission may utilize the fund to make grants to
  eligible institutions for the following purposes:
         (1)  development of emerging technologies required for all
  aspects of space operations;
         (2)  research involving all aspects of space exploration and
  spaceflight;
         (3)  workforce training to promote space exploration and
  spaceflight; and
         (4)  processing, exploitation, or research involving
  materials derived from or developed through space exploration and
  spaceflight.
         (d)  The commission shall develop procedures for
  administration and approval of grants through the fund.
         (e)  For the purposes of this section, "Eligible
  institutions" shall include:
         (1)  Business or non-profit entities involved in the space
  exploration, research, or aeronautics industries; and
         (2)  Other governmental entities with which an
  intergovernmental agreement has been executed pursuant to Section
  481.507, Subsection (a)(3) and Subsection (b)(4).
         SECTION 2.  Chapter 61, Education Code, is amended by adding
  new subchapter PP to read as follows:
  SUBCHAPTER PP. AEROSPACE RESEARCH AND SPACE ECONOMY CONSORTIUM
         Sec. 61.997.  ESTABLISHMENT; PURPOSE. The Texas Aerospace
  Research and Space Economy Consortium is established to:
         (a)  identify research opportunities for entities within the
  state of Texas that:
         (1)  strengthen Texas' proven leadership in civil,
  commercial, and military aerospace activity; 
         (2)  enhance the state's position in aeronautics research
  and development, astronautics, space commercialization, and
  spaceflight infrastructure; and
         (3)  enhance the integration of the space, aeronautics,
  astronautics, and aviation industries into the Texas economy.
         (b)  make funding and research recommendations to the Texas
  Space Commission established in Government Code, Chapter 481,
  Subchapter EE.
         Sec. 61.9971.  MEMBERSHIP. The consortium is composed of:
               (a)  all entities identified in Texas Education Code,
  Section 61.003(8).
               (b)  any other entities that the executive committee
  considers necessary.
         Sec. 61.9972.  ADMINISTRATIVE ATTACHMENT. (a) The
  consortium is administratively attached to the Texas Higher
  Education Coordinating Board for the purpose of receiving and
  administering appropriations and other funds under this chapter.
  The board is not responsible for providing to the consortium staff
  human resources, contract monitoring, purchasing, or any other
  administrative support services.
         (b)  The Texas Higher Education Coordinating Board may not
  use funds intended to carry out the purposes of this chapter for any
  costs incurred by the board under this chapter.
  SUBCHAPTER QQ. EXECUTIVE COMMITTEE
         Sec. 61.9973.  EXECUTIVE COMMITTEE COMPOSITION. 
         (a)  The Commission shall be governed by a nine-member
  independent executive committee that consists of: 
         (1)  2 members appointed by the governor;
         (2)  2 members appointed by the lieutenant governor;
         (3)  2 members appointed by the speaker of the house of
  representatives;
         (4)  The Chancellor of the Texas A&M University System, or
  their designee;
         (5)  The Chancellor of the University of Texas System, or
  their designee; and
               (6)  The President of Rice University, or their
  designee.
         (b)  In making appointments under Subsection (a), priority
  shall be given to individuals with experience in administration of
  research and development relevant to space, aeronautics, space
  economic development, astronautics, and other academic disciplines
  relevant to space. In making appointments under Subsection (a), the
  governor, lieutenant governor, and speaker of the house of
  representatives shall coordinate to ensure that the membership of
  the executive committee reflects, to the extent possible, the
  ethnic and geographic diversity of this state.
         (c)  A vacancy on the executive committee shall be filled in
  the same manner as the original appointment.
         Sec. 61.9974.  GIFTS, GRANTS, AND DONATIONS. The executive
  committee may accept on behalf of the consortium gifts, grants, or
  donations from any public or private source for the purpose of
  carrying out this chapter.
  SUBCHAPTER RR. POWERS AND DUTIES
         Sec. 61.9975.  GENERAL DUTIES. (a) The executive committee
  established under Section 61.9973 shall:
               (1)  develop and execute a comprehensive statewide
  strategic plan to further the objectives identified in Section
  88.901, Subsection (a);
               (2)  solicit proposals from consortium members on
  funding and research opportunities related to the objectives
  identified in Section 61.997, Subsection (a);
               (3)  report the recommendations assembled in
  Subsection (a)(2) as outlined in Section 61.9976;
               (4)  establish procedures and policies for the
  administration of the consortium;
               (5)  establish procedures to document compliance by
  executive committee members and staff with applicable laws
  governing conflicts of interest;
               (6)  designate a member of the executive committee to
  work in liaison with the Texas Space Commission established under
  Government Code, Chapter 481, Subchapter EE;
               (7)  contract with the Texas A&M University System for
  administrative and staff support for the consortium;
               (8)  elect a presiding officer from among the
  membership of the executive committee; and
               (9)  meet at the call of the presiding officer.
         (b)  consortium members identified by Section 61.9971 may
  participate in consortium fact-finding, strategic planning, and
  the formation of recommendations under Subsection (a)(1) and
  Subsection (a)(2). Any consortium member working with the executive
  committee under this subsection shall designate a liaison to the
  consortium executive committee before engaging in such work.
         (c)  the consortium is required to implement a provision of
  this chapter only if the legislature appropriates money
  specifically for that purpose. If the legislature does not
  appropriate money specifically for that purpose, the consortium
  may, but is not required to, implement a provision of this chapter.
         Sec. 61.9976.  BIENNIAL REPORT. Not later than December 31
  of each even numbered year, the consortium executive committee
  shall submit to the Texas Space Commission established under
  Government Code, Chapter 481, Subchapter EE, a written report that
  outlines:
               (1)  the activities and objectives of the consortium;
               (2)  a synopsis of the funding and research
  opportunities identified in Section 61.9975, Subsection (a)(2);
               (3)  any legislative recommendations to the
  commission;
               (4)  any prospective grants or funding the consortium
  members expect to receive; and
               (5)  any research accomplishments associated with the
  consortium.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.