H.B. No. 1515         AN ACT   relating to the continuation and functions of and certain programs   subject to rules adopted by the Texas Economic Development and   Tourism Office.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 481.003, Government Code, is amended to   read as follows:          Sec. 481.003.  SUNSET PROVISION. The Texas Economic   Development and Tourism Office is subject to Chapter 325 (Texas   Sunset Act).  Unless continued in existence as provided by that   chapter, the office is abolished [and this chapter expires]   September 1, 2035 [2023].          SECTION 2.  Section 481.0066, Government Code, is amended by   amending Subsection (d) and adding Subsection (f) to read as   follows:          (d)  The aerospace and aviation office shall:                (1)  analyze 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)  [make specific recommendations to the legislature   and the governor regarding the promotion of those industries;                [(5)] 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;                      (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 fund,   including recommending to the legislature an appropriate funding   level for the fund;                      (E)  partner with the Texas Higher Education   Coordinating Board to foster technological advancement and   economic development for 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) [(6)]  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;                (6) [(7)]  provide technical support and expertise to   the state and to local spaceport authorities regarding aerospace   and aviation business matters; and                (7) [(8)]  be responsible for the promotion and   development of spaceports in this state.          (f)  Chapter 2110 does not apply to the size, composition, or   duration of the aerospace and aviation advisory committee.          SECTION 3.  Section 481.00681, Government Code, is amended   by adding Subsection (i) to read as follows:          (i)  Chapter 2110 does not apply to the size, composition, or   duration of the task force.          SECTION 4.  Subchapter B, Chapter 481, Government Code, is   amended by adding Section 481.0211 to read as follows:          Sec. 481.0211.  ADVISORY COMMITTEES. (a)  The office by rule   may establish advisory committees to make recommendations to the   office on programs, rules, and policies administered by the office.          (b)  In establishing an advisory committee under this   section, the office shall adopt rules, including rules regarding:                (1)  the purpose, role, responsibility, goals, and   duration of the committee;                (2)  the size of and quorum requirement for the   committee;                (3)  qualifications for committee membership;                (4)  appointment procedures for members;                (5)  terms of service for members;                (6)  training requirements for members;                (7)  policies to avoid conflicts of interest by   committee members;                (8)  a periodic review process to evaluate the   continuing need for the committee; and                (9)  policies to ensure the committee does not violate   any provisions of Chapter 551 applicable to the office or the   committee.          SECTION 5.  Section 481.022, Government Code, is amended to   read as follows:          Sec. 481.022.  GENERAL DUTIES OF OFFICE. The office shall:                (1)  market and promote the state as a premier business   location and tourist destination;                (2)  facilitate the location, expansion, and retention   of domestic and international business investment to the state;                (3)  promote and administer business and community   economic development programs and services in the state, including   business incentive programs;                (4)  provide to businesses and communities in the state   assistance with exporting products and services to international   markets;                (5)  serve as a central source of economic research and   information; [and]                (6)  establish a statewide strategy to address economic   growth and quality of life issues, a component of which is based on   the identification and development of industry clusters; and                (7)  develop a plan to engage with stakeholders to   gather input and solicit feedback on the development of rules   promulgated by the office related to lending programs, including   participant selection, requirements for borrowers, terms of loans,   requirements for disbursement of funds, and other aspects of   program administration.          SECTION 6.  Section 481.172, Government Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  A memorandum of understanding entered into under   Subsection (a)(8) shall provide that the office may:                (1)  strategically direct and redirect each agency's   tourism priorities and activities to:                      (A)  most effectively meet consumer demands and   emerging travel trends, as established by the latest market   research; and                      (B)  minimize duplication of efforts and realize   cost savings through economies of scale;                (2)  require each agency to submit to the office for   advance approval:                      (A)  resources, activities, and materials related   to the promotion of tourism proposed to be provided by the agency;                      (B)  a biennial plan of action for the agency's   proposed tourism activities [, not later than June 1 of each year,]   that includes:                            (i)  priorities identified by the agency   that must include marketing, product development, and program   development;                            (ii)  the agency's proposed budget for   tourism activities; and                            (iii)  measurable goals and objectives of   the agency related to the promotion of tourism; and                      (C)  any proposed marketing message, material,   logo, slogan, or other communication to be used by the agency in its   tourism-related efforts, to assist the office in coordinating   tourism-related efforts conducted in this state by the agency and   the office and conducted outside of this state by the office;                (3)  direct the development of a biennial [an annual]   strategic tourism plan, including a marketing plan, to increase   travel to this state, that:                      (A)  provides the most effective and efficient   expenditure of state funds for in-state marketing activities   conducted by the agencies and encouraged by the office and   out-of-state marketing activities conducted by the office;                      (B)  establishes goals, objectives, and   performance measures, including the measurement of the return on   the investment made by an agency or the office, for the   tourism-related efforts of all state agencies; and                      (C)  is developed not later than December   [September] 1 of each even-numbered year; and                (4)  direct the agencies to share costs related to   administrative support for the state's tourism activities.          (b-1)  The office may, using the input of each agency that is   a party to a memorandum of understanding under Subsection (a)(8),   establish procedures for the submission of the plan required under   Subsection (b)(2)(B).          SECTION 7.  Section 481.406, Government Code, is amended by   adding Subsection (d) to read as follows:          (d)  The office shall by rule develop:                (1)  procedures for disbursement of money to borrowers   and lending partners for access to capital programs; and                (2)  documentation and recovery effort requirements of   a participating partner for a claim against a reserve account.          SECTION 8.  Section 489.105(b), Government Code, is amended   to read as follows:          (b)  The fund consists of:                (1)  appropriations for the implementation and   administration of this chapter;                (2)  [investment earnings under the original capital   access fund established under Section 481.402;                [(3)]  fees charged under Subchapter BB, Chapter 481;                (3) [(4)]  interest earned on the investment of money   in the fund;                (4) [(5)]  fees charged under this chapter;                (5) [(6)]  investment earnings from the programs   administered by the bank;                (6) [(7)]  amounts transferred under Section   2303.504(b)[, as amended by Article 2, Chapter 1134, Acts of the   77th Legislature, Regular Session, 2001];                (7) [(8)]  investment earnings under the Texas product   development fund under Section 489.211;                (8) [(9)]  investment earnings under the Texas small   business incubator fund under Section 489.212; and                (9) [(10)]  any other amounts received by the state   under this chapter.          SECTION 9.  Section 489.107, Government Code, is amended to   read as follows:          Sec. 489.107.  ANNUAL REPORT.  (a)  On or before January 1 of   each year, the office shall submit to the legislature an annual   status report on the activities of the bank.          (b)  The report under Subsection (a) must include for each   program administered by the office:                (1)  the number of grants, loans, and designations   awarded in the previous fiscal year;                (2)  the total number of grants, loans, and   designations awarded by the bank;                (3)  the amount in dollars of all grants, loans, and   designations described by Subdivisions (1) and (2);                (4)  the number of applications received in the   previous fiscal year;                (5)  the number of outstanding loans and designations;                (6)  a summary of each outstanding loan and   designation, including the amount outstanding and the terms of the   loan or designation;                (7)  the balance of each program's fund and any reserve   account; and                (8)  any challenges in administering each program,   including any proposals for statutory changes that would address   the challenges.          (c)  For the small business disaster recovery loan program,   the report must include a general description of each small   business for which an applicant was awarded a loan from the fund   during the preceding fiscal year.          (d)  In preparing the report under Subsection (a), the office   shall remove any identifying information pertaining to program   participants.          SECTION 10.  Sections 489.211(a) and (b), Government Code,   are amended to read as follows:          (a)  The Texas product development fund is a [revolving] fund   in the state treasury.          (b)  The product fund is composed of proceeds of bonds issued   under this subchapter, financing application fees, loan   repayments, guarantee fees, royalty receipts, dividend income,   money appropriated by the legislature for authorized purposes of   the product fund, amounts received by the state from loans, loan   guarantees, and equity investments made under this subchapter,   amounts received by the state from federal grants or other sources,   [amounts transferred from the original capital access fund under   Section 481.415,] and any other amounts received under this   subchapter and required by the bank to be deposited in the product   fund.  The product fund contains a program account, an interest and   sinking account, and other accounts that the bank authorizes to be   created and maintained.  Money in the product fund is available for   use by the bank [board] under this subchapter.  Investment earnings   under the product fund must be transferred to the fund created under   Section 489.105.  Notwithstanding any other provision of this   subchapter, any money in the product fund may be used for debt   service, bond redemption, or any costs associated with debt service   or bond redemption.          SECTION 11.  Sections 489.212(a) and (b), Government Code,   are amended to read as follows:          (a)  The Texas small business incubator fund is a [revolving]   fund in the state treasury.          (b)  The small business fund is composed of proceeds of bonds   issued under this subchapter, financing application fees, loan   repayments, guarantee fees, royalty receipts, dividend income,   money appropriated by the legislature for authorized purposes of   the small business fund, amounts received by the state from loans,   loan guarantees, and equity investments made under this subchapter,   amounts received by the state from federal grants or other sources,   [amounts transferred from the original capital access fund under   Section 481.415,] and any other amounts received under this   subchapter and required by the bank to be deposited in the small   business fund.  The small business fund contains a project account,   an interest and sinking account, and other accounts that the bank   authorizes to be created and maintained.  Money in the small   business fund is available for use by the bank [board] under this   subchapter.  Investment earnings under the small business fund   must be transferred to the fund created under Section   489.105.  Notwithstanding any other provision of this subchapter,   any money in the small business fund may be used for debt service,   bond redemption, or any costs associated with debt service or bond   redemption.          SECTION 12.  Section 489.215(b), Government Code, is amended   to read as follows:          (b)  This section applies to information in any form provided   by or on behalf of an applicant for financing or a recipient of   financing under this subchapter, including information contained   in, accompanying, or derived from any application or report, that   relates to a product, to the development, application, manufacture,   or use of a product, or to the markets, market prospects, or   marketing of a product and that is proprietary information of   actual or potential commercial value to the applicant or recipient   that has not been disclosed to the public.  Confidential   information includes scientific and technological information,   including computer programs and software, and marketing and   business operation information, regardless of whether the product   to which the information relates is patentable or capable of being   registered under copyright or trademark laws or has a potential for   being sold, traded, or licensed for a fee.  This section does not   make confidential information in an account, voucher, or contract   relating to the receipt or expenditure of public funds by the bank,   board, or the department or its successor under this subchapter.   This section applies to any information collected in winding up the   product development and small business incubator program   investment portfolio under Subchapter D-1.          SECTION 13.  Chapter 489, Government Code, is amended by   adding Subchapter D-1 to read as follows:   SUBCHAPTER D-1.  WINDING UP OF PRODUCT DEVELOPMENT AND SMALL   BUSINESS INCUBATOR PROGRAM          Sec. 489.221.  MANAGEMENT OF INVESTMENT PORTFOLIO; WINDING   UP AND FINAL LIQUIDATION.  (a)  In this section, "product   development and small business incubator program investment   portfolio" means:                (1)  the equity positions in the form of stock or other   security the bank took, on behalf of the state, in companies that   received financing under the product development and small business   incubator program; and                (2)  any other investments made by the bank, on behalf   of the state, and associated assets in connection with financing   made under the product development and small business incubator   program.          (b)  The bank shall manage and wind up the product   development and small business incubator program investment   portfolio, including revenues and associated assets from financing   and defaults on financing, in a manner that, to the extent feasible,   provides for the maximum return on the state's investment.  In   managing those investments and associated assets through   procedures and subject to restrictions that the bank considers   appropriate, the bank may acquire, exchange, sell, supervise,   manage, or retain any kind of investment or associated assets that a   prudent investor, exercising reasonable care, skill, and caution,   would acquire or retain in light of the purposes, terms,   distribution requirements, and other circumstances then prevailing   pertinent to each investment or associated asset.  The bank may   recover its reasonable and necessary costs incurred in the   management of the portfolio, including costs incurred in the   retaining of professional or technical advisors, from the earnings   on the investments in the portfolio.          (c)  On completion of the winding up process under Subsection   (b), the bank shall deposit any remaining investment earnings to   the credit of the Texas economic development bank fund, as required   under Sections 489.211 and 489.212.          (d)  The bank has any power necessary to accomplish the   purposes of this section.          SECTION 14.  Section 2303.003(7), Government Code, is   amended to read as follows:                (7)  "Qualified employee" means a person who:                      (A)  is a resident of this state;                      (B)  works for a qualified business;                      (C) [(B)]  receives wages from the qualified   business from which employment taxes are deducted; and                      (D)  meets one of the following qualifications:                            (i) the person [(C)] performs at least 50   percent of the person's service for the business at the qualified   business site;                            (ii)  [, or] if the person engages in the   transportation of goods or services, the person reports to the   qualified business site and resides within 50 miles of the   qualified business site; or                            (iii)  if the person engages in services   off-site, the person is assigned to the qualified business site and   resides within 25 miles of the qualified business site.          SECTION 15.  Section 2303.4052, Government Code, is amended   to read as follows:          Sec. 2303.4052.  REQUIRED INFORMATION FROM NOMINATING BODY.     (a)  Before nominating the project or activity of a qualified   business for designation as an enterprise project, the nominating   body must submit to the bank:                (1)  a certified copy of the ordinance or order, as   appropriate, or reference to an ordinance or order as required by   Section 2303.4051;                (2)  a certified copy of the minutes of all public   hearings conducted with respect to local incentives available to   qualified businesses within the jurisdiction of the governmental   entity nominating the project or activity, regardless of whether   those businesses are located in an enterprise zone;                (3)  the name, title, address, telephone number, and   electronic mail address of the nominating body's liaison designated   under Section 2303.204;                (4)  if the business is seeking job retention benefits,   documentation showing the number of employment positions at the   qualified business site;                (5)  any interlocal agreement required under Section   2303.004(c) that states:                      (A)  which governing body has the administration   authority under Section 2303.201; and                      (B)  that both the county in which the project or   activity is located and the municipality in whose jurisdiction the   project or activity is located approve the nomination of the   project or activity; and                (6)  any additional information the bank may require.          (b)  The nominating body may electronically submit in a   manner prescribed by the bank a digital scan of a certified copy of   the documentation required by Subsections (a)(1) and (2).          SECTION 16.  The following provisions of the Government Code   are repealed:                (1)  Sections 481.0066(d-1) and (d-2);                (2)  Section 481.401(6-a);                (3)  Sections 481.406(b) and (c);                (4)  Sections 481.402, 481.404, 481.405, 481.407,   481.408, 481.409, 481.410, 481.412(a), 481.415, 481.458, 481.609,   and 489.307; and                (5)  Sections 489.201, 489.202, 489.203, 489.204,   489.205, 489.206, 489.207, 489.208, 489.209, 489.210, 489.211(c),   489.212(c), 489.213, 489.214, 489.215(c), 489.216, and 489.217.          SECTION 17.  Not later than December 1, 2024, the Texas   Economic Development and Tourism Office shall submit the first   biennial strategic tourism plan required by Section 481.172(b)(3),   Government Code, as amended by this Act.          SECTION 18.  A member of an advisory committee repealed by   this Act may be reappointed to serve as a member of a new advisory   committee established under Section 481.0211, Government Code, as   added by this Act.          SECTION 19.  (a) Except as provided by Subsection (b) of   this section, Section 2303.003, Government Code, as amended by this   Act, applies to an application for an enterprise project   designation under the enterprise zone program under Chapter 2303,   Government Code, as amended by this Act, that is submitted on or   after the effective date of this Act. An application for an   enterprise project designation under the enterprise zone program   that is submitted before the effective date of this Act is governed   by the law in effect on the date the application was submitted, and   the former law is continued in effect for that purpose.          (b)  Section 2303.003(7)(D), Government Code, as added by   this Act, applies to an enterprise project that is under audit or   subject to audit by the comptroller of public accounts on or after   the effective date of this Act.          SECTION 20.  This Act takes effect September 1, 2023.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1515 was passed by the House on April   14, 2023, by the following vote:  Yeas 132, Nays 12, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 1515 on May 25, 2023, by the following vote:  Yeas 121, Nays 21,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 1515 was passed by the Senate, with   amendments, on May 17, 2023, by the following vote:  Yeas 28, Nays   3.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor