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  S.B. No. 1047
 
 
 
 
AN ACT
  relating to the eligibility of an innovation and commercialization
  organization associated with the Lyndon B. Johnson Space Center to
  receive funding from the Texas emerging technology fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 490.001, Government Code, is amended by
  adding Subdivision (5) to read as follows:
               (5)  "Research institution" means:
                     (A)  a public institution of higher education; or
                     (B)  an innovation and commercialization
  organization associated with the Lyndon B. Johnson Space Center of
  the National Aeronautics and Space Administration.
         SECTION 2.  Subsection (a), Section 490.151, Government
  Code, is amended to read as follows:
         (a)  Amounts allocated from the fund for use as provided by
  this subchapter shall be reserved for incentives for private or
  nonprofit entities to collaborate with research institutions in
  this state [public] or private institutions of higher education in
  this state on emerging technology projects with a demonstrable
  economic benefit to this state.
         SECTION 3.  Section 490.251, Government Code, is amended to
  read as follows:
         Sec. 490.251.  USE OF MONEY FOR ACQUISITION OF RESEARCH
  SUPERIORITY. Amounts allocated from the fund for use as provided by
  this subchapter shall be used to acquire new or enhance existing
  research superiority at research [public] institutions [of higher
  education] in this state.
         SECTION 4.  Section 490.252, Government Code, is amended to
  read as follows:
         Sec. 490.252.  RESEARCH SUPERIORITY. For purposes of this
  subchapter, the employment by a research [an] institution [of
  higher education] of one or more world-class or nationally
  recognized researchers and associated assistants in an industry
  eligible to receive funding under Section 490.003 is considered
  "research superiority."
         SECTION 5.  Subsection (a), Section 490.253, Government
  Code, is amended to read as follows:
         (a)  The committee shall review and consider proposals by
  research [public] institutions [of higher education] for:
               (1)  creating new research superiority;
               (2)  attracting existing research superiority from
  institutions not located in this state and other research entities;
  or
               (3)  enhancing existing research superiority by
  attracting from outside this state additional researchers and
  resources.
         SECTION 6.  Subsection (a), Section 490.256, Government
  Code, is amended to read as follows:
         (a)  A research [An] institution [of higher education] may
  not knowingly attempt to attract an individual key researcher or
  research superiority identified for consideration for funding by
  another research institution in this state or a [public or] private
  institution of higher education in this state under this
  subchapter.
         SECTION 7.  Subsection (a), Section 490.257, Government
  Code, is amended to read as follows:
         (a)  A research [public] institution [of higher education]
  must document specific benefits that this state may expect to gain
  as a result of attracting the research superiority before the
  institution may enter into a contract to receive funding or
  incentives under this subchapter.
         SECTION 8.  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, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1047 passed the Senate on
  April 7, 2011, by the following vote:  Yeas 28, Nays 3.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1047 passed the House on
  May 20, 2011, by the following vote:  Yeas 145, Nays 4, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor