Relating to the administration, powers, and duties of the Texas Space Commission and Texas Aerospace Research and Space Economy Consortium, to other governmental entities regarding aerospace, aviation, and space exploration initiatives and activities, and to the abolishment of the spaceport trust fund.

89(R) HB 5246 - Enrolled version - Bill Text

H.B. No. 5246

AN ACT

relating to the administration, powers, and duties of the Texas

Space Commission and Texas Aerospace Research and Space Economy

Consortium, to other governmental entities regarding aerospace,

aviation, and space exploration initiatives and activities, and to

the abolishment of the spaceport trust fund.

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

SECTION 1. Sections 481.0066(d), (e), and (e-1), Government

Code, are amended to read as follows:

(d) The aerospace and aviation office shall:

(1) analyze
aerospace-related
[
space-related
] and

aviation-related research currently conducted in this state and may

conduct activities designed to further that research;

(2) analyze the state's economic position in the

aerospace and aviation industries;

(3) develop short-term and long-term business

strategies as part of an industry-specific strategic plan to

promote the retention, development, and expansion of aerospace and

aviation industry facilities in the state that is consistent with

and complementary of the office strategic plan;

(4) as part of and to further the purposes of the

industry-specific strategic plan described by Subdivision (3),

develop short-term and long-term policy initiatives or recommend

reforms the state may undertake or implement to:

(A) increase investment in aerospace and

aviation activities;

(B) [
support the retention, development, and

expansion of spaceports in this state;

[
(C)
] identify and encourage educational,

economic, and defense-related opportunities for aerospace and

aviation activities;

(C)
[
(D)

determine the appropriate level of

funding for the spaceport trust fund created under Section 481.0069

and
] support ongoing projects that have been assisted by the
former

spaceport trust
fund[
, including recommending to the legislature an

appropriate funding level for the fund
];
and

(D)
[
(E)
] partner with the Texas Higher

Education Coordinating Board to foster technological advancement

and economic development for
aerospace
[
spaceport
] activities by

strengthening higher education programs and supporting aerospace

activities; [
and

[
(F)

partner with the Texas Workforce Commission

to support initiatives that address the high technology skills and

staff resources needed to better promote the state's efforts in

becoming the leading space exploration state in the nation;
]

(5) act as a liaison with other state and federal

entities with related economic, educational, and defense

responsibilities to support the marketing of the state's aerospace

and aviation capabilities;
and

(6) provide technical support and expertise to the

state and to local [
spaceport
] authorities regarding aerospace and

aviation business matters[
; and

[
(7)

be responsible for the promotion and development

of spaceports in this state
].

(e) The governor shall appoint an aerospace and aviation

advisory committee consisting of[
:

[
(1)
] seven qualified members to assist in the state's

economic development efforts to recruit and retain aerospace and

aviation jobs and investment[
; and

[
(2)

one member for each active spaceport development

corporation in the state who represents the interests of each

respective spaceport development corporation
].

(e-1) The aerospace and aviation advisory committee shall:

(1) advise the governor on the recruitment and

retention of aerospace and aviation jobs and investment;

(2) assist the office and the aerospace and aviation

office in meeting the state's economic development efforts to

recruit and retain aerospace and aviation jobs and investment;

(3) [
advise the office, the aerospace and aviation

office, and the governor on an appropriate funding level for the

spaceport trust fund;

[
(4)
] advise the office, the aerospace and aviation

office, and the governor on recruitment, retention, and expansion

of aerospace and aviation industry activities; and

(4)
[
(5)
] collect and disseminate information on

federal, state, local, and private community economic development

programs that assist or provide loans, grants, or other funding to

aerospace and aviation industry activities.

SECTION 2. Section 482.001, Government Code, is amended by

adding Subdivision (2-a) to read as follows:

(2-a)

"Consortium" means the Texas Aerospace Research

and Space Economy Consortium established under Subchapter G.

SECTION 3. Sections 482.101(a) and (b), Government Code,

are amended to read as follows:

(a) The Texas Space Commission is established to strengthen

this state's proven leadership in civil, commercial, and military

outer space
[
aerospace
] activity.

(b) The purpose of the commission is to promote
:

(1)
innovation in the fields of space exploration and

commercial
space;

(2) commercial space
[
aerospace
] opportunities
; and

(3)
[
, including
] the integration of
the
space
and
[
,
]

aeronautics[
, and aviation
] industries into the economy of this

state.

SECTION 4. Section 482.103, Government Code, is amended to

read as follows:

Sec. 482.103. SUNSET PROVISION. The commission is subject

to Chapter 325 (Texas Sunset Act). Unless continued in existence as

provided by that chapter, the commission is abolished and this

chapter expires September 1,
2033
[
2032
].

SECTION 5. Section 482.105, Government Code, is amended by

amending Subsections (a), (b), (c), (e), and (f) and adding

Subsection (a-1) to read as follows:

(a) The commission is governed by a [
nine-member
] board of

directors [
. The board is
] composed of
the following nine voting

members
:

(1) three members appointed by the governor;

(2) three members appointed by the lieutenant

governor; and

(3) three members appointed by the speaker of the

house of representatives.

(a-1)

The executive director of the Texas Economic

Development and Tourism Office serves as an ex officio nonvoting

member of the board.

(b) In making appointments under Subsection (a), the

governor, lieutenant governor, and speaker of the house of

representatives shall prioritize appointing individuals with

experience in:

(1)
the nongovernmental
commercial
space industry

[
aerospace
];

(2)
governmental space operations
[
civil aviation
];

(3) military
space operations
[
aerospace
];

(4)
space-related
[
space
] economic development;

(5) space-related academic research; and

(6) nonprofit support of the space economy.

(c)
Voting members
[
Members
] of the board appointed by the

governor, lieutenant governor, and speaker of the house serve [
at

the pleasure of the appointing office
] for staggered six-year

terms, with the terms of
three
[
two
] members expiring on January 31

of each odd-numbered year.

(e) Not later than the 30th day after the date a
voting
board

member's term expires, the appropriate appointing authority shall

appoint a replacement.

(f) The board shall elect a presiding officer from among the

voting
members of the board.

SECTION 6. Section 482.107, Government Code, is amended to

read as follows:

Sec. 482.107. BOARD OF DIRECTORS: AUTHORITY. (a) The board

shall:

(1) direct the activities of, establish goals for, and

provide oversight to the commission;

(2) develop and execute a strategic plan in accordance

with Section 482.201;

(3) establish the appropriate standards and executive

bodies to ensure the proper use of funds authorized under this

chapter for research and facilities development;

(4) identify research and funding opportunities for

entities within this state that:

(A) strengthen and enhance this state's proven

leadership position in civil, commercial, and military aeronautics

research and development and space flight infrastructure;

(B) enhance the integration of the space
and
[
,
]

aeronautics[
, astronautics, and aviation
] industries into this

state's economy; and

(C) promote and further research involving

materials derived from or developed through space exploration and

space flight;

(5) capitalize, promote, and assist in the development

of workforce training to further the development of emerging

technologies required for all aspects of space exploration; [
and
]

(6) solicit
recommendations from the consortium for

projects
[
proposals on funding
] and [
research
] opportunities

related to the objectives in this chapter
that may be funded with

money from the fund;

(7)

market and promote the state as the premier

location for space-related industries and promote commission

activities;

(8)

as necessary to promote space-related industries

and further commission activities, including implementing the

strategic plan developed under Section 482.201, and

notwithstanding any other law, issue an order, subject to the

approval of the municipality's governing body, to temporarily close

in a municipality a highway as defined by Section 221.001,

Transportation Code, a venue as defined by Section 334.001, Local

Government Code, or an area specified by Section 33.203(11),

Natural Resources Code;

(9)

develop a database that provides information on

the promotion of space-related and aeronautics-related economic

development in this state; and

(10)

establish procedures for the commission as

necessary to provide administrative and staff support to the

consortium
[
from the Texas Aerospace Research and Space Economy

Consortium established under Subchapter G
].

(b) The board shall employ a chief compliance officer to

monitor and report to the board regarding compliance with this

chapter and rules adopted under this chapter. The chief compliance

officer shall ensure that all grant proposals comply with this

chapter and rules adopted under this chapter [
before the proposals

are submitted to the board for approval
].

(b-1)

The board shall employ a general counsel to advise the

commission and the consortium and perform other duties assigned by

the board.

(c) The board may:

(1) establish ad hoc advisory committees as necessary

to carry out the board's duties under this chapter;

(2) adopt and use an official seal;

(3) solicit and accept gifts
,
[
or
] grants,
or

donations, including donations of goods or services provided in

accordance with commission specifications at no cost to the

commission;

(4)
[
and
] contract with any entity;

(5)
[
(4)
] acquire and convey property or an interest

in property;

(6)
[
(5)
] procure insurance and pay premiums on

insurance of any type, in accounts, and from insurers as the board

considers necessary and advisable to accomplish any of the

commission's purposes;

(7)
[
(6)
] make grants to public or private persons

with an established presence within this state to encourage

economic development related to space and aerospace;

(8)
[
(7)
] make grants to enhance the capacity of

institutions of higher education to participate in and support

classified research;

(9)
[
(8)
] provide matching funding to external

funding provided by relevant federal agencies, private industry, or

private research organizations; [
and
]

(10)
[
(9)
] engage in the planning and implementation

of
space exploration and spaceflight-related
[
aerospace-related
]

educational opportunities within this state in coordination with

the
consortium; and

(11)

subject to the governor's approval, enter into an

intergovernmental agreement with another state or the United

States, including the United States Department of Defense and the

National Aeronautics and Space Administration, as necessary to

carry out the purposes of this chapter
[
Texas Aerospace Research

and Space Economy Consortium established under Subchapter G
].

SECTION 7. Subchapter B, Chapter 482, Government Code, is

amended by adding Sections 482.108 and 482.109 to read as follows:

Sec.

482.108.

PROCUREMENT OF CERTAIN SPACE-RELATED

VEHICLES AND EQUIPMENT. (a)

Notwithstanding Section 2155.083 or

any other law and subject to Subsection (b), the board may authorize

the commission to procure, lease, or otherwise secure access to

capacity on or through a spacefaring vehicle, platform, or

infrastructure, including a rocket, shuttle, spaceplane,

satellite, space station, lunar or planetary base, and other

orbital, suborbital, or extraterrestrial transport or habitation

system, regardless of whether the vehicle, platform, or

infrastructure is owned or operated by a governmental, commercial,

or private entity.

(b)

Before the commission takes a proposed action under

Subsection (a), the board must:

(1) determine the proposed action:

(A)

promotes or serves a legitimate and clearly

defined public purpose;

(B)

provides demonstrable value, taking into

consideration:

(i)

the feasibility and cost-effectiveness

of the proposed action;

(ii)

alternative approaches to attaining

the same or a similar public purpose as the proposed action; and

(iii)

potential benefits of the proposed

action; and

(C)

is subject to appropriate controls and

contractual requirements sufficient to protect the interests of the

state;

(2)

discuss the determinations the board must find

under Subdivision (1) in an open meeting held in accordance with

Chapter 551; and

(3)

by a majority vote of the voting board members

present and voting, authorize the action in an open meeting held in

accordance with Chapter 551.

Sec.

482.109.

CERTAIN GRANT APPLICATIONS AND DEFENSE,

MILITARY, AND AEROSPACE ISSUES: CLOSED MEETING. (a)

The board may

conduct a closed meeting in accordance with Subchapter E, Chapter

551, to deliberate or confer with one or more employees,

consultants of the commission, or legal counsel of the commission

to discuss:

(1)

a grant application being considered by the board

if, before conducting the closed meeting, a majority of the voting

members of the board in an open meeting vote that deliberating or

conferring in an open meeting would:

(A)

reveal the grant applicant's confidential

information;

(B) reveal national security information; or

(C)

have a detrimental effect on the position of

the commission in negotiations with a grant applicant; or

(2) a matter related to:

(A)

the establishment of an office, base, or

major facility in this state by the United States Department of

Defense or the National Aeronautics and Space Administration; or

(B)

an economic incentive a governmental body may

offer to a private entity or nonprofit organization to meet a match

requirement or other requirement established by the United States

Department of Defense or the National Aeronautics and Space

Administration in relation to grants or strategic endeavors.

(b)

Notwithstanding any other law, the commission may

disclose a matter discussed under Subsection (a)(2) with any state

agency if the presiding officer of the board determines it

necessary to accomplish the establishment of an office, base, or

major facility in this state by the United States Department of

Defense or the National Aeronautics and Space Administration.

(c)

Any vote or final action taken on a matter described by

Subsection (a)(1) or (2) must be conducted in an open meeting.

SECTION 8. Sections 482.201(a) and (d), Government Code,

are amended to read as follows:

(a) The commission shall develop and
biennially
[
annually
]

update a strategic plan for the promotion of space
and
[
,
]

aeronautics[
, and aviation
] economic development in this state.

(d) The board shall submit the strategic plan to the

governor, the lieutenant governor, and the speaker of the house of

representatives not later than December 31 of each
even-numbered

year.

SECTION 9. Section 482.301(a), Government Code, is amended

to read as follows:

(a) The space exploration and aeronautics research fund is

established to provide grants to eligible entities
and for other

purposes
as provided by this chapter.

SECTION 10. The heading to Section 482.302, Government

Code, is amended to read as follows:

Sec. 482.302.
USE OF
[
SPACE EXPLORATION AND AERONAUTICS

RESEARCH
] FUND
FOR
[
;
] GRANTS.

SECTION 11. Section 482.302, Government Code, is amended by

amending Subsections (a) and (b) and adding Subsections (b-1), (e),

(e-1), (f), (g), and (h) to read as follows:

(a) Using money available in the fund, the commission may

provide grants to eligible entities described by Subsection (b) for

the purposes of:

(1) development of emerging technologies required for

any aspect of human space flight
, including aeronautics
;

(2) research involving any aspect of space exploration

and space flight
, including aeronautics
;

(3) workforce training to promote space exploration

and space flight
, including aeronautics
;

(4) curation of post-mission materials involved in

space exploration and space flight; and

(5) development of infrastructure useful or necessary

for the establishment or maintenance of a spaceport.

(b) The following entities are eligible for a grant made

under this subchapter:

(1) a business or nonprofit entity involved in the

space exploration
and space
[
,
] research
industry
[
,
] or
the

aeronautics industry; [
and
]

(2) a governmental entity
involved in the space

exploration and space research industry or the aeronautics

industry; and

(3) the consortium
[
with which the commission has

entered into an intergovernmental agreement for that purpose
].

(b-1)

If the board approves a grant for a governmental

entity described by Subsection (b)(2), the governmental entity

shall enter into an intergovernmental agreement with the commission

with respect to the project or activity for which the grant was

awarded.

(e)

The commission shall establish sufficient controls to

ensure that a grant awarded under this subchapter promotes the

purposes listed in Subsection (a).

(e-1)

Using money available in the fund, and subject to the

approval of the governor, the commission may provide grants to, or

fund the costs and expenses incurred under agreements between the

commission and, another state, the United States, or entities

described by Subsection (b) for the purposes of:

(1)

establishing a space-related office, base, or

major facility in this state by the United States Department of

Defense or the National Aeronautics and Space Administration; and

(2)

relocating or acquiring decommissioned assets

related to the space industry to this state.

(f)

The commission shall adopt a policy on advance payments

to grant recipients.

(g)

Except as otherwise provided by this section, money

awarded under this subchapter may be used for authorized expenses,

including honoraria, salaries and benefits, travel, conference

fees and expenses, consumable supplies, other operating expenses,

contracted research and development, capital equipment, and

construction or renovation of state or private facilities.

(h)

An entity receiving money under this subchapter for

space exploration or aeronautics research may not spend more than

five percent of the money for indirect costs. For purposes of this

subsection, "indirect costs" means the expenses of doing business

that are not readily identified with a particular grant, contract,

project, function, or activity, but are necessary for the general

operation of the entity or the performance of the entity's

activities.

SECTION 12. Subchapter D, Chapter 482, Government Code, is

amended by adding Section 482.303 to read as follows:

Sec.

482.303.

USE OF FUND FOR OTHER PURPOSES.

Money

available in the fund may be used to fund the costs and expenses

incurred under intergovernmental agreements between the commission

and another state or the United States under this subchapter.

SECTION 13. Section 482.501, Government Code, is amended to

read as follows:

Sec. 482.501. RULES
; CERTAIN LIMITATIONS ON
[
FOR
] GRANT

AWARDS
[
AWARD PROCEDURE
]. (a) The board shall adopt rules

regarding the procedure for awarding grants to
applicants
[
an

applicant
] under this chapter
.

The rules must authorize the

commission to:

(1)

identify the specific purpose under Section

482.302(a) for which the commission awards a grant; and

(2)

obtain information from the consortium as

necessary to make award determinations
[
, including a procedure for

the Texas Aerospace Research and Space Economy Consortium to make

recommendations to the board for grant awards
].

(b) The board may not award a grant to an applicant who has

made a gift
,
[
or
] grant
, or donation
to the commission or a

nonprofit organization established to provide support to the

commission
during the preceding year
.

SECTION 14. Section 482.505, Government Code, is amended to

read as follows:

Sec. 482.505. GRANT RECORDS
; PUBLIC INFORMATION

EXCEPTION
.
(a)
The commission shall maintain complete records of:

(1) the review of each grant application submitted to

the board, including an application reviewed in accordance with

rules adopted under this chapter, even if the grant application is

not funded by the board or is withdrawn after submission;

(2) [
each grant recipient's
] financial reports
of each

grant recipient described by Section 482.302(b)
, including the

amount of matching money dedicated to the
project
[
research
]

specified for the grant award
, if applicable
;

(3) each grant recipient's progress reports; and

(4) the board's review of the grant recipient's

financial reports
, if applicable,
and progress reports.

(b)

A grant application submitted to the commission is

confidential and not subject to disclosure under Chapter 552.

SECTION 15. Subchapter G, Chapter 482, Government Code, is

amended to read as follows:

SUBCHAPTER G. TEXAS AEROSPACE RESEARCH AND SPACE ECONOMY

CONSORTIUM

Sec. 482.601.
DEFINITION
[
DEFINITIONS
]. In this

subchapter
,
[
:

[
(1)

"Consortium" means the Texas Aerospace Research

and Space Economy Consortium.

[
(2)
] "
executive
[
Executive
] committee" means the

executive committee of the consortium.

Sec. 482.602. SUNSET PROVISION. The consortium is subject

to Chapter 325 (Texas Sunset Act). Unless continued in existence as

provided by that chapter, the consortium is abolished and this

subchapter expires September 1,
2033
[
2032
].

Sec. 482.603. ESTABLISHMENT; PURPOSE. The Texas Aerospace

Research and Space Economy Consortium is established
as an advisory

committee to the board
to:

(1) identify research opportunities for entities

within this state that:

(A) strengthen this state's proven leadership in

civil, commercial, and military
space-related
[
aerospace
]

activity;

(B) enhance this state's position in aeronautics

research and development[
, astronautics
], space commercialization,

and space flight infrastructure
and in the development of space

travel technologies
; and

(C) enhance the integration of the space
and
[
,
]

aeronautics[
, astronautics, and aviation
] industries into this

state's economy; and

(2) provide [
funding and
] research recommendations to

the commission.

Sec. 482.604. CONSORTIUM COMPOSITION.
(a) Subject to

Subsections (b) and (c), the
[
The
] consortium is composed of:

(1) each
participating
institution of higher

education; and

(2) any other entity that the executive committee

considers necessary.

(b)

An institution of higher education is considered a

participating member of the consortium if the institution submits

to the executive committee the name of a local campus liaison to

represent the institution on the consortium.

(c)

Selection of an entity for membership in the consortium

under Subsection (a)(2) must be based on an application process

established by the executive committee.

Sec. 482.605. ADMINISTRATIVE ATTACHMENT. The consortium is

administratively attached to the
commission
[
office of the

governor
] for the purpose of receiving and administering

appropriations and other funds under this subchapter. [
The office

of the governor is not responsible for providing to the consortium

staff, human resources, contract monitoring, purchasing, or any

other administrative support services.
]

Sec. 482.606. EXECUTIVE COMMITTEE COMPOSITION. (a) The

consortium is governed by an independent executive committee

composed of the following nine members:

(1) two members appointed by the governor;

(2) two members appointed by the lieutenant governor;

(3) two members appointed by the speaker of the house

of representatives;

(4) the chancellor of The Texas A&M University System

or the chancellor's designee;

(5) the chancellor of The University of Texas System

or the chancellor's designee; and

(6) the president of Rice University or the

president's designee.

(a-1)

An appointed member of the executive committee serves

at the pleasure of the appointing official.

(b) In making appointments under Subsection (a), the

governor, the lieutenant governor, and the speaker of the house of

representatives, respectively, shall:

(1) prioritize appointing individuals with experience

in:

(A) aeronautics;

(B) space economic development; and

(C) academic engagement with the space economy;

and

(2) ensure that the appointments reflect, to the

extent possible,
multiple
[
the ethnic and
] geographic
regions

[
diversity
] of this state.

(c)
If a
[
A
] vacancy
occurs
on the executive committee
, the

appropriate appointing official shall appoint a successor
[
is

filled
] in the same manner as the initial appointment.
The

appropriate appointing official shall appoint the successor not

later than the 30th day after the date the vacancy occurs.

(d) The executive committee shall:

(1) elect a presiding officer from among the members

of the committee; and

(2) meet at the call of the presiding officer.

Sec. 482.607. GIFTS, GRANTS, AND DONATIONS.
On behalf of

the consortium, the
[
The
] executive committee may solicit
,
[
and
]

accept
, or spend any
[
on behalf of the consortium
] gifts, grants, or

donations from any public or private source for the purpose of

carrying out this subchapter.

Sec. 482.608. GENERAL DUTIES. (a) The executive committee

shall:

(1) develop
an organizational
[
and execute a

comprehensive statewide strategic
] plan to further the purposes of

the consortium;

(2) gather and coordinate recommendations from

consortium members on [
funding and
] research
and development

opportunities in accordance with the purposes of the consortium;

and

(3) establish procedures and policies for the

administration of the consortium, including:

(A) procedures for documenting compliance by

members of the committee and
members of the
consortium [
and

consortium staff
] with applicable laws governing conflicts of

interest;

(B) designation of a member of the committee as

the committee's liaison to the commission; and

(C) procedures for
submitting to the board a

request to fund recommended projects and activities
[
entering into

contracts with The Texas A&M University System as necessary for

that system to provide administrative and staff support to the

consortium
].

(b) A member of the consortium may participate in consortium

fact-finding [
and strategic planning
] and the formation of

recommendations for purposes of Subsections (a)(1) and (a)(2).

Before assisting the executive committee as provided by this

subsection, a member of the consortium must designate a liaison to

the [
executive
] committee to represent that member.

Sec. 482.609. BIENNIAL REPORT. Not later than December 31

of each even-numbered year, the executive committee shall submit to

the commission a written report that includes for that biennium:

(1) the activities and objectives of the consortium;

(2) a synopsis of the funding and research

opportunities identified by the consortium;

(3) legislative recommendations, if any;

(4) prospective grants or funding the consortium

members expect to receive, if any; and

(5) research accomplishments associated with the

consortium, if any.

Sec.

482.610.

COMPENSATION; EXPENSES. Executive committee

members serve without compensation but are entitled to

reimbursement for actual expenses incurred in attending committee

meetings.

Those expenses are paid from funds appropriated to the

consortium.

Sec.

482.611.

APPLICABILITY OF OTHER LAW.

Chapter 2110

does not apply to the size, composition, or duration of the

executive committee.

SECTION 16. Section 481.0069, Government Code, is repealed.

SECTION 17. (a) In this section:

(1) "Office" means the Texas Economic Development and

Tourism Office.

(2) "Spaceport development corporation" has the

meaning assigned by Section 507.001, Local Government Code.

(b) On the effective date of this Act, the spaceport trust

fund is abolished and the balance of the fund is transferred to the

general revenue fund for use in accordance with legislative

appropriation, except as provided by Subsections (d) and (e) of

this section.

(c) The abolishment of the spaceport trust fund and the

repeal of Section 481.0069, Government Code, do not affect the

validity of a contract between the office and a spaceport

development corporation that is entered into under Section

481.0069(e), Government Code, before the effective date of this

Act.

(d) Money that was deposited in the spaceport trust fund as

a gift, grant, or donation under Section 481.0069(c)(1), Government

Code, shall be held in trust by the comptroller outside the state

treasury and shall be administered by the comptroller as trustee as

provided by this subsection. The comptroller may:

(1) spend money encumbered by the specific terms of

the gift, grant, or donation only in accordance with those terms;

(2) return to the donor or grantor, on request, any

portion of the amount of a gift, grant, or donation described by

this subsection that remains on deposit; or

(3) transfer to the general revenue fund for use in

accordance with legislative appropriation any other remaining

money deposited as a gift, grant, or donation under Section

481.0069(c)(1), Government Code.

(e) Money from the spaceport trust fund that is encumbered

because the money is obligated by contract before the effective

date of this Act, but under the terms of the contract will not be

distributed until a later date, shall be held in trust by the

comptroller as trustee outside the state treasury and shall be

administered by the comptroller as trustee to ensure that the money

is distributed in accordance with the terms of the contract. If the

office determines that the money will not be distributed in

accordance with the terms of the contract, the office shall certify

that fact to the comptroller. On that certification, the

comptroller shall transfer that money to the general revenue fund

to be used in accordance with legislative appropriation.

(f) On or after the effective date of this Act, the

following payments or other amounts shall be remitted to the

comptroller for deposit to the general revenue fund:

(1) any interest or income earned on the investment of

money in the spaceport trust fund;

(2) any money returned by a spaceport development

corporation under a contract entered into under Section 481.0069,

Government Code; and

(3) any money received by a donor or grantor under

Subsection (d)(2) of this section that is subsequently returned to

the state.

SECTION 18. The term of a member serving on the aerospace

and aviation advisory committee immediately preceding the

effective date of this Act expires on that date. The member may be

reappointed to the committee.

SECTION 19. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 5246 was passed by the House on May 2,

2025, by the following vote: Yeas 123, Nays 8, 1 present, not

voting; that the House refused to concur in Senate amendments to

H.B. No. 5246 on May 27, 2025, and requested the appointment of a

conference committee to consider the differences between the two

houses; and that the House adopted the conference committee report

on H.B. No. 5246 on June 1, 2025, by the following vote: Yeas 83,

Nays 52, 2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 5246 was passed by the Senate, with

amendments, on May 23, 2025, by the following vote: Yeas 30, Nays

1; at the request of the House, the Senate appointed a conference

committee to consider the differences between the two houses; and

that the Senate adopted the conference committee report on H.B. No.

5246 on May 31, 2025, by the following vote: Yeas 21, Nays 10.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor