HB1268 - Relating to the creation of the Texas technology and innovation program.

      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.