Relating to the creation of the Texas technology and innovation program.

89(R) HB 1268 - Engrossed version - Bill Text

By: Button, Hull, Lujan, González of El Paso,

H.B. No. 1268

Fairly, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas technology and innovation

program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 489, Government Code, is amended by

adding Subchapter G to read as follows:

SUBCHAPTER G. TEXAS TECHNOLOGY AND INNOVATION PROGRAM

Sec. 489.351. DEFINITIONS. In this subchapter:

(1)

"Federal funding program" means the small business

innovation research and small business technology transfer

programs established by 15 U.S.C. Section 638.

(2)

"Program" means the Texas technology and

innovation program established under this subchapter.

Sec.

489.352.

ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.

The office shall establish and administer the Texas technology and

innovation program to foster job creation and economic development

in this state by matching or supplementing money received by a

business entity through the federal funding program.

Sec.

489.353.

ELIGIBILITY. To be eligible to receive money

under the program, a business entity must:

(1) meet at least one of the following conditions:

(A) be organized under the laws of this state;

(B)

maintain a domestic headquarters in this

state;

(C)

maintain at least one manufacturing facility

in this state; or

(D)

have more than half of the entity's employees

residing in this state;

(2)

meet all requirements to receive money under phase

one or phase two, or a similar stage, of the federal funding

program;

(3)

not receive concurrent funding from another state

program or fund that serves the same purpose as the program;

(4)

use the E-verify program, as that term is defined

by Section 673.001, to verify information of all new employees; and

(5)

meet any additional requirements under this

subchapter for the applicable phase under which the business entity

applies to receive money.

Sec.

489.354.

APPLICATION. (a) A business entity may apply

to receive money under the program by submitting an application

under oath to the office on a form prescribed by the office. The

application must include:

(1) the business entity's name;

(2)

the business entity's business organization

structure;

(3)

the business entity's address and any principals

listed at a different address;

(4)

certification of the information required under

Section 489.353; and

(5) any other information required by the office.

(b)

In addition to the requirements of Subsection (a), a

business entity must provide to the office, as applicable:

(1)

for "phase one" or a similar stage of the federal

funding program process:

(A)

a notice of award to the entity from a funding

agency under the federal funding program;

(B)

a final report for the applicable stage as

required by the federal funding program; and

(C)

a proposal for money under the next stage of

the federal funding program; and

(2)

for "phase two" or a similar stage of the federal

funding program process:

(A)

a notice of award to the entity from a funding

agency under the federal funding program; and

(B)

a final report for the applicable stage as

required by the federal funding program.

Sec.

489.355.

AWARD OF GRANT; LIMITATIONS. (a)

The office

may award a "phase one" grant under this subchapter immediately on

fulfillment of the requirements under Section 489.354(b)(1).

(b)

The office may award a "phase two" grant under this

subchapter immediately on fulfillment of the requirements under

Section 489.354(b)(2).

(c)

A business entity may assign a grant received under this

subchapter only with the prior written consent of the office.

(d) A business entity may not receive more than:

(1) one grant in each state fiscal year; and

(2) five grants in each phase under this section.

Sec.

489.356.

FUNDING. (a) The office shall award grants

as provided by this subchapter from available money and any

additional money appropriated for purposes of this subchapter.

(b)

The office may solicit and receive gifts, grants, and

donations from any source to provide additional funding for grants

awarded under this subchapter.

SECTION 2. As soon as practicable after the effective date

of this Act, the Texas Economic Development and Tourism Office

shall adopt the rules necessary to implement Subchapter G, Chapter

489, Government Code, as added by this Act.

SECTION 3. (a) Notwithstanding any other section of this

Act, in a state fiscal year, the Texas Economic Development and

Tourism Office is not required to implement a provision found in

another section of this Act that is drafted as a mandatory provision

imposing a duty on the office to take an action unless money is

specifically appropriated to the office for that fiscal year to

carry out that duty. The Texas Economic Development and Tourism

Office may implement the provision in that fiscal year to the extent

other funding is available to the office to do so.

(b) If, as authorized by Subsection (a) of this section, the

Texas Economic Development and Tourism Office does not implement

the mandatory provision in a state fiscal year, the office, in its

legislative budget request for the next state fiscal biennium,

shall certify that fact to the Legislative Budget Board and include

a written estimate of the costs of implementing the provision in

each year of that next state fiscal biennium.

SECTION 4. This Act takes effect September 1, 2025.