CHAPTER 481. TEXAS ECONOMIC DEVELOPMENT AND TOURISM OFFICE

Statutes > Texas Statutes > GOVERNMENT CODE > TITLE 4. EXECUTIVE BRANCH > CHAPTER 481. TEXAS ECONOMIC DEVELOPMENT AND TOURISM OFFICE

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE F. COMMERCE AND INDUSTRIAL DEVELOPMENT

CHAPTER 481. TEXAS ECONOMIC DEVELOPMENT AND TOURISM OFFICE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 481.001. DEFINITIONS. In this chapter:

(1) Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(3).

(2) "Bond" includes a note, draft, bill, warrant, debenture,

certificate, or other evidence of indebtedness.

(3), (4) Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(3).

(5) "Bank" means the Texas Economic Development Bank.

(6) "Industry cluster" means a concentration of businesses and

industries in a geographic region that are interconnected by the

markets they serve, the products they produce, their suppliers,

the trade associations to which their employees belong, and the

educational institutions from which their employees or

prospective employees receive training.

(7) "Office" means the Texas Economic Development and Tourism

Office.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 1,

eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1041, Sec. 2, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.02, 6.01(3),

eff. Sept. 1, 2003.

Sec. 481.002. OFFICE. The Texas Economic Development and

Tourism Office is an office within the office of the governor.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1997, 75th Leg., ch. 1041, Sec. 3, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.03, eff.

Sept. 1, 2003.

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, 2015.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.

1.22, eff. Nov. 12, 1991; Acts 1993, 73rd Leg., ch. 986, Sec. 1,

eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1041, Sec. 4, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1481, Sec. 1.01(a), eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 814, Sec. 1.04, eff.

Sept. 1, 2003.

Sec. 481.0042. CONFLICT OF INTEREST. (a) A person may not be

the executive director or an employee of the office employed in a

"bona fide executive, administrative, or professional capacity,"

as that phrase is used for purposes of establishing an exemption

to the overtime provisions of the federal Fair Labor Standards

Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent

amendments, if the person:

(1) is employed by, participates in the management of, or is a

paid consultant of a business entity that contracts with the

office;

(2) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization that

contracts with the office;

(3) uses or receives a substantial amount of tangible goods,

services, or funds from the office, other than compensation or

reimbursement authorized by law for employee salaries and

benefits; or

(4) is an officer, employee, or paid consultant of a trade

association of businesses in the field of economic development or

tourism or that contracts with the office.

(b) A person may not be the executive director or an employee of

the office if the person's spouse:

(1) is employed by, participates in the management of, or is a

paid consultant of a business entity that contracts with the

office;

(2) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization that

contracts with the office;

(3) uses or receives a substantial amount of tangible goods,

services, or funds from the office; or

(4) is an officer, manager, or paid consultant of a trade

association of businesses in the field of economic development or

tourism or that contracts with the office.

nonprofit, cooperative, and voluntarily joined association of

business or professional competitors in this state designed to

assist its members and its industry or profession in dealing with

mutual business or professional problems and in promoting their

common interest.

(d) For the purposes of this section, a business entity is a

sole proprietorship, partnership, firm, corporation, holding

company, joint stock company, receivership, trust, or any other

entity recognized in law through which business for profit is

conducted.

(e) A person may not be the executive director or an employee of

the office if the person is required to register as a lobbyist

under Chapter 305 because of the person's activities for

compensation on behalf of a business entity that has an interest

in a contract with the office or a profession related to the

operation of the office.

(f) A person may not act as the general counsel to the office if

the person is required to register as a lobbyist under Chapter

305 because of the person's activities for compensation on behalf

of a profession related to the operation of the office.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 3, eff.

Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 986, Sec. 4,

eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1041, Sec. 7, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.05, eff.

Sept. 1, 2003.

Sec. 481.0045. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION POLICY. (a) The office shall develop and implement a

policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008 for the

adoption of office rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009 to assist in the resolution of internal and external

disputes under the office's jurisdiction.

(b) The office's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the office.

Added by Acts 2003, 78th Leg., ch. 814, Sec. 1.06, eff. Sept. 1,

2003.

Sec. 481.005. EXECUTIVE DIRECTOR; DUTIES. (a) The governor

shall appoint an executive director of the office who serves at

the pleasure of the governor.

(b) The executive director must have demonstrated experience in

the areas of economic development or tourism and executive and

organizational ability.

office under the direction of the governor.

(d) The executive director shall direct the activities of the

office and, in performing that duty, shall establish policy,

adopt rules, evaluate the implementation of new legislation that

affects the office's duties, review and comment on the office's

budget, prepare an annual report of the office's activities,

conduct investigations and studies, and develop long-range plans

for the future goals and needs of the office.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 4,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 986, Sec. 6, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1041, Sec. 10, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 285, Sec. 18, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 814, Sec. 1.07, 1.08, 6.01(3),

eff. Sept. 1, 2003.

Sec. 481.0066. AEROSPACE AND AVIATION OFFICE. (a) The office

shall establish and maintain an aerospace and aviation office.

(b) The office may hire a director of the aerospace and aviation

office and staff as necessary to perform the duties of the

aerospace and aviation office under this section.

development in this state by fostering the growth and development

of aerospace and aviation industries in Texas.

(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) 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) 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 seven qualified members to

assist in the state's economic development efforts to recruit and

retain aerospace and aviation jobs and investment. The committee

shall advise the governor on the recruitment and retention of

aerospace and aviation jobs and investment. Members of the

committee may not receive compensation for serving on the

committee.

Added by Acts 2003, 78th Leg., ch. 814, Sec. 1.09, eff. Sept. 1,

2003.

Sec. 481.0067. SMALL BUSINESS ADVOCATE. (a) The executive

director shall designate an individual as the small business

advocate.

(b) To be eligible to serve as the small business advocate, a

person must have demonstrated a strong commitment to and

involvement in small business efforts.

(1) serve as the principal focal point in this state for

assisting small and historically underutilized businesses;

(2) assist small and historically underutilized businesses by

identifying:

(A) conflicting state policy goals and state agency rules that

may inhibit small and historically underutilized business

development;

(B) financial barriers for those businesses; and

(3) provide assistance to small and historically underutilized

businesses in complying with federal, state, and local laws; and

(4) perform research, studies, and analyses of matters affecting

the interests of small and historically underutilized businesses.

Added by Acts 2003, 78th Leg., ch. 814, Sec. 1.10, eff. Sept. 1,

2003.

Sec. 481.0068. OFFICE OF SMALL BUSINESS ASSISTANCE. (a)

Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(3), eff.

Sept. 1, 2003.

(b) The Office of Small Business Assistance shall:

(1) examine the role of small and historically underutilized

businesses in the state's economy and the contribution of small

and historically underutilized businesses in generating economic

activity, expanding employment opportunities, promoting exports,

stimulating innovation and entrepreneurship, and bringing new and

untested products and services to the marketplace;

(2) serve as the principal focal point in the state for small

and historically underutilized businesses by:

(A) providing to the legislature information on the effects of

proposed policies or actions;

(B) assisting state agencies in determining the impact proposed

rules have on small businesses as required by Section 2006.002;

and

rules have on small businesses, if appropriate;

(3) evaluate the effectiveness of efforts of state agencies and

other entities to assist small and historically underutilized

businesses and make appropriate recommendations to the

legislature and state agencies to assist the development and

strengthening of small and historically underutilized businesses;

(4) identify regulations that inhibit small and historically

underutilized business development and to the extent possible

identify conflicting state policy goals;

(5) determine the availability of financial and other resources

to small and historically underutilized businesses and recommend

methods for:

(A) increasing the availability of equity capital and other

forms of financial assistance to small and historically

underutilized businesses;

(B) generating markets for the goods and services of small and

historically underutilized businesses;

and technical assistance to small and historically underutilized

businesses; and

(D) providing assistance to small and historically underutilized

businesses in complying with federal, state, and local laws;

(6) identify the reasons for small and historically

underutilized business successes and failures, ascertain the

related factors that are particularly important in this state,

and recommend actions for increasing the success rate of small

and historically underutilized businesses;

(7) serve as a focal point for receiving comments and

suggestions concerning state government policies and activities

that affect small and historically underutilized businesses;

(8) develop and suggest proposals for changes in state policies

and activities that adversely affect small and historically

underutilized businesses;

(9) provide to state agencies information on the effects of

proposed policies or actions that affect small and historically

underutilized businesses;

(10) provide information and assistance relating to

establishing, operating, or expanding small and historically

underutilized businesses;

(11) assist small and historically underutilized businesses by:

(A) identifying:

(i) sources of financial assistance for those businesses; and

(ii) financial barriers to those businesses;

(B) working with relevant organizations to identify financing

programs that aid small businesses in overcoming financial

barriers;

assistance and credit enhancement; and

(D) assisting those businesses with the preparation of

applications for government loans, loan guarantees, and credit

enhancement programs;

(12) sponsor meetings, to the extent practicable in cooperation

with public and private educational institutions, to provide

training and disseminate information beneficial to small and

historically underutilized businesses;

(13) assist small and historically underutilized businesses in

their dealings with federal, state, and local governmental

agencies and provide information regarding governmental

requirements affecting small and historically underutilized

businesses;

(14) perform research, studies, and analyses of matters

affecting the interests of small and historically underutilized

businesses;

(15) use available resources within the state, such as small

business development centers, educational institutions, and

nonprofit associations, to coordinate the provision of management

and technical assistance to small and historically underutilized

businesses in a systematic manner;

(16) publish newsletters, brochures, and other documents

containing information useful to small and historically

underutilized businesses;

(17) identify successful small and historically underutilized

business assistance programs provided by other states and

determine the feasibility of adapting those programs for

implementation in this state;

(18) establish an outreach program to make the existence of the

office known to small and historically underutilized businesses

and potential clients throughout the state;

(19) enlist the cooperation and assistance of public and private

agencies, businesses, and other organizations in disseminating

information about the programs and services provided by the state

that benefit small businesses and how small businesses can

participate in or make use of those programs and services;

(20) defer to the small business compliance assistance program

as defined by Section 5.135, Water Code, on advocacy and

technical assistance related to environmental programs that

regulate small businesses;

(21) develop a "one-stop" approach for all small business needs,

including competitive activity with state agencies and political

subdivisions; and

(22) perform any other functions necessary to carry out the

purposes of this section.

6.01(3), eff. Sept. 1, 2003.

Added by Acts 1997, 75th Leg., ch. 1041, Sec. 12, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 750, Sec. 2, eff. June

18, 1999; Acts 1999, 76th Leg., ch. 1408, Sec. 1, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 81, Sec. 2, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 814, Sec. 6.01(3), eff. Sept. 1, 2003.

Sec. 481.0069. SPACEPORT TRUST FUND. (a) In this section:

(1) "Reusable launch vehicle" means a vehicle intended for

repeated use that:

(A) is built to operate in or place a payload into space; or

(B) is a suborbital rocket.

(2) "Spaceport" has the meaning assigned by Section 507.001,

Local Government Code.

(b) The spaceport trust fund is created as a trust fund outside

the treasury with the comptroller and shall be administered by

the office under this section and rules adopted by the office.

(1) gifts, grants, or donations to the office for the

development of spaceport infrastructure; and

(2) any other source designated by the legislature.

(d) Money in the spaceport trust fund may not be spent unless

the office certifies to the comptroller that:

(1) a viable business entity has been established that:

(A) has a business plan that demonstrates that the entity has

available the financial, managerial, and technical expertise and

capability necessary to launch and land a reusable launch

vehicle; and

(B) has committed to locating its facilities at a spaceport in

this state;

(2) a development corporation for spaceport facilities created

under Chapter 507, Local Government Code, has established a

development plan for the spaceport project and has secured at

least 90 percent of the funding required for the project; and

(3) the spaceport or launch operator has obtained the

appropriate Federal Aviation Administration license.

(e) Money in the spaceport trust fund may be used only to pay

expenditures for the development of infrastructure necessary or

useful for establishing a spaceport. The office may contract with

a development corporation for spaceport facilities for the

infrastructure development.

(f) The office may invest, reinvest, and direct the investment

of any available money in the spaceport trust fund. Money in the

fund may be invested in the manner that state funds may be

invested under Section 404.024.

Added by Acts 2003, 78th Leg., ch. 814, Sec. 1.11, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.03, eff. April 1, 2009.

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.04, eff. April 1, 2009.

Sec. 481.008. AUDIT. (a) The financial transactions of the

office are subject to audit by:

(1) the state auditor in accordance with Chapter 321; or

(2) a private auditing firm.

(b) The state auditor shall inform the executive director when a

financial audit of the office is not included in the audit plan

for the state for a fiscal year. The executive director shall

ensure that the office is audited under Subsection (a)(2) during

those fiscal years.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 40, eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 599, Sec. 10, eff. Sept.

1, 1991; Acts 1997, 75th Leg., ch. 1041, Sec. 14, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.12, eff. Sept. 1,

2003.

Sec. 481.009. REVIEW OF BONDS. (a) Bonds may not be issued

under this chapter, and proceeds of bonds issued under this

chapter may not be used to finance a project, unless the issuance

or project, as applicable, has been reviewed and approved by the

bond review board.

(b) A member of the bond review board may not be held liable for

damages resulting from the performance of the member's functions

under this section.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989.

Sec. 481.010. PERSONNEL. (a) The executive director shall

employ personnel necessary for the performance of office

functions. The equal employment opportunity officer and the

internal auditor of the office of the governor shall serve the

same functions for the office as they serve for the office of the

governor. The internal auditor shall report directly to the

governor and may consult with the executive director or the

executive director's designee.

(b) The executive director or the executive director's designee

shall provide to office employees, as often as necessary,

information regarding their qualifications for employment under

this chapter and their responsibilities under applicable laws

relating to standards of conduct for state employees.

(d) The executive director or the executive director's designee

shall develop an intraagency career ladder program. The program

shall require intraagency postings of all non-entry-level

positions concurrently with any public posting.

(e) The executive director or the executive director's designee

shall develop a system of annual performance evaluations. All

merit pay for office employees must be based on the system

established under this subsection.

(f) The executive director or the executive director's designee

shall prepare and maintain a written policy statement to assure

implementation of a program of equal employment opportunity under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel that are in compliance with requirements

of the Commission on Human Rights;

(2) a comprehensive analysis of the office work force that meets

federal and state guidelines;

(3) procedures by which a determination can be made of

significant underuse in the office work force of all persons for

whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

significant underuse.

(g) A policy statement prepared under Subsection (f) must cover

an annual period, be updated annually and reviewed by the

Commission on Human Rights for compliance with Subsection (f)(1),

and be filed with the governor's office.

(h) The governor's office shall deliver a biennial report to the

legislature based on the information received under Subsection

(g). The report may be made separately or as a part of other

biennial reports made to the legislature.

(i) Repealed by Acts 2009, 81st Leg., R.S., Ch. 614, Sec. 4(11),

eff. June 19, 2009.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 7, eff.

Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 986, Sec. 7,

eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1041, Sec. 15, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.13, 6.01(3),

eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

614, Sec. 4(11), eff. June 19, 2009.

Sec. 481.011. FISCAL REPORT. The executive director shall file

annually with the governor and the presiding officer of each

house of the legislature a complete and detailed written report

accounting for all funds received and disbursed by the office

during the preceding fiscal year. The annual report must be in

the form and reported in the time provided by the General

Appropriations Act.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 7, eff.

Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 986, Sec. 8,

eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 814, Sec. 1.14,

eff. Sept. 1, 2003.

Sec. 481.012. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)

The office shall prepare information of public interest

describing the functions of the office and the office's

procedures by which complaints are filed with and resolved by the

office. The office shall make the information available to the

public and appropriate state agencies. The office shall provide

to the person filing the complaint and to each person who is a

subject of the complaint a copy of the office's policies and

procedures relating to complaint investigation and resolution.

(b) The office shall keep an information file about each

complaint filed with the office that the office has authority to

resolve. The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the office;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

office closed the file without taking action other than to

investigate the complaint.

office has authority to resolve, the office, at least quarterly

and until final disposition of the complaint, shall notify the

parties to the complaint of the status of the complaint unless

the notice would jeopardize an undercover investigation.

(d) The office shall prepare and maintain a written plan that

describes how a person who does not speak English can be provided

reasonable access to the office's programs. The office shall also

comply with federal and state laws for program and facility

accessibility.

(e) The executive director by rule shall establish methods by

which consumers and service recipients are notified of the name,

mailing address, and telephone number of the office for the

purpose of directing complaints to the office.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 7, eff.

Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 986, Sec. 9,

eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1041, Sec. 16, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.15, eff.

Sept. 1, 2003.

SUBCHAPTER B. GENERAL POWERS AND DUTIES OF OFFICE

Sec. 481.021. GENERAL POWERS OF OFFICE. (a) The office may:

(1) adopt and enforce rules necessary to carry out this chapter;

(2) adopt and use an official seal;

(3) solicit and accept gifts, grants, or loans from and contract

with any entity;

(4) acquire and convey property or an interest in property;

(5) procure insurance and pay premiums on insurance of any type,

in accounts, and from insurers as the office considers necessary

and advisable to accomplish any of the office's purposes;

(6) hold patents, copyrights, trademarks, or other evidence of

protection or exclusivity issued under the laws of the United

States, any state, or any nation and may enter into license

agreements with any third parties for the receipt of fees,

royalties, or other monetary or nonmonetary value;

(7) sell advertisements in any medium; and

(8) exercise any other power necessary to carry out this

chapter.

(b) Except as otherwise provided by this chapter, money paid to

the office under this chapter shall be deposited in the state

treasury.

in a separate fund kept and held in escrow and in trust by the

comptroller for and on behalf of the office as funds held outside

the treasury under Section 404.073, and the money contributed

shall be used to carry out the purposes of the office and, to the

extent possible, the purposes specified by the donors. The

comptroller may invest and reinvest the money, pending its use,

in the fund in investments authorized by law for state funds that

the comptroller considers appropriate.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 602, Sec. 1, eff.

Sept. 1, 1991; Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 8,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 986, Sec. 10, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1423, Sec. 8.23, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.17, eff.

Sept. 1, 2003.

Sec. 481.0215. COORDINATION OF ECONOMIC DEVELOPMENT EFFORTS.

(a) The executive director of the department or its successor

shall work with the legislature and state agencies to identify

grants and programs at all levels of government and to maximize

access to federal funds for economic development.

(b) At the direction of the governor, the executive director of

the department or its successor shall work with each state agency

that administers a program relating to job training or job

creation, including the Texas Workforce Commission, the Council

on Workforce and Economic Competitiveness, the Department of

Agriculture, and the Office of Rural Affairs, to address the

challenges facing the agencies relating to job training and job

creation.

may form partnerships or enter into agreements with private

entities and develop connections with existing businesses in this

state for the purpose of improving the marketing of this state

through networking and clarifying the potential of the businesses

for expansion.

Added by Acts 2003, 78th Leg., ch. 978, Sec. 1, eff. Sept. 1,

2003.

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.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1989, 71st Leg., ch. 819, Sec. 6, eff.

Sept. 1, 1989; Acts 1989, 71st Leg., ch. 933, Sec. 4, eff. Sept.

1, 1989; Acts 1991, 72nd Leg., ch. 602, Sec. 2, eff. Sept. 1,

1991; Acts 1997, 75th Leg., ch. 1041, Sec. 17, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.18, eff. Sept. 1,

2003.

Sec. 481.023. ADMINISTRATION OF OTHER STATUTES. (a) The office

shall perform the administrative duties prescribed under:

(1) Chapter 1433; and

(2) the Development Corporation Act (Subtitle C1, Title 12,

Local Government Code).

(b), (c) Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(3).

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(20),

9.60, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1041, Sec.

18, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec.

8.236, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 814, Sec.

1.19, 6.01(3), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.05, eff. April 1, 2009.

Sec. 481.024. TEXAS ECONOMIC DEVELOPMENT CORPORATION. (a) The

Texas Economic Development Corporation on behalf of the state

shall carry out the public purposes of this chapter. The creation

of the corporation does not limit or impair the rights, powers,

and duties of the office provided by this chapter. The corporate

existence of the Texas Economic Development Corporation begins on

the issuance of a certificate of incorporation by the secretary

of state. The governor shall appoint the board of directors of

the corporation. The governor or the governor's designee and the

executive director serve as nonvoting, ex officio members of the

board. The corporation has the powers and is subject to the

limitations provided for the office by this chapter in carrying

out the public purposes of this chapter. The corporation has the

rights and powers of a nonprofit corporation incorporated under

the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,

Vernon's Texas Civil Statutes) except to the extent inconsistent

with this section. The corporation may contract with the office

and with bond counsel, financial advisors, or underwriters as its

board of directors considers necessary.

(b) The corporation may engage exclusively in the performance of

charitable functions and is exempt from all taxation by this

state or a municipality or other political subdivision of this

state.

its net earnings remaining after payment of its expenses may

inure to any individual, firm, or corporation, except that if the

board of directors determines that sufficient provision has been

made for the full payment of the expenses, bonds, and other

obligations of the corporation, the additional net earnings of

the corporation shall be deposited to the credit of the general

revenue fund.

(d) At any time the board of directors by written resolution may

alter the structure, organization, programs, or activities of the

corporation or terminate and dissolve the corporation, subject

only to any limitation provided by the law of the state on the

impairment of contracts of the corporation.

(e) If the board of directors by resolution determines that the

purposes for which the corporation was formed have been

substantially complied with and that all bonds issued by the

corporation have been fully paid, the board of directors shall

dissolve the corporation. On dissolution, the title to all funds

and properties then owned by the corporation shall be transferred

to the office.

(f) The Texas Economic Development Corporation and any other

corporation whose charter specifically dedicates the

corporation's activities to the benefit of the office or the

Texas Department of Economic Development or its predecessor

agency shall file an annual report of the financial activity of

the corporation. The annual report shall be filed prior to the

90th day after the last day for the corporation's fiscal year and

shall be prepared in accordance with generally accepted

accounting principles. The report must include a statement of

support, revenue, and expenses and change in fund balances, a

statement of functional expenses, and balance sheets for all

funds.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 602, Sec. 3, 4, eff.

Sept. 1, 1991; Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 9,

eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1041, Sec. 19, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.20, eff.

Sept. 1, 2003.

Sec. 481.025. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY PROGRAM.

The office is the agency of this state responsible for

administering the Empowerment Zone and Enterprise Community grant

program in this state. The bank shall cooperate with appropriate

federal and local agencies as necessary to administer the grant

program.

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 7.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 1.21, eff.

Sept. 1, 2003.

Sec. 481.026. TECHNOLOGICAL SOLUTIONS. The office shall develop

and implement a policy that requires the executive director and

the staff of the office to research and propose appropriate

technological solutions to improve the ability of the office to

perform its mission. The technological solutions must include

measures to ensure that the public is able to easily find

information about the office through the Internet and that

persons who have a reason to use the office's services are able

to use the Internet to interact with the office and to access any

service that can be provided effectively through the Internet.

The policy shall also ensure that the proposed technological

solutions are cost-effective and developed through the office's

planning processes.

Added by Acts 2003, 78th Leg., ch. 814, Sec. 1.22, eff. Sept. 1,

2003.

Sec. 481.027. FOREIGN OFFICES. (a) The office shall maintain

and operate offices in foreign countries for the purposes of

promoting investment that generates jobs in Texas, exporting of

Texas products, tourism, and international relations for Texas.

The foreign offices shall be named "The State of Texas" offices.

To the extent permitted by law, other state agencies that conduct

business in foreign countries may place staff in the foreign

offices established by the office and share the overhead and

operating expenses of the foreign offices. Other state agencies

and the office may enter interagency contracts for this purpose.

Chapter 771 does not apply to those contracts. Any purchase for

local procurement or contract in excess of $5,000 shall be

approved by the executive director prior to its execution.

(b) The foreign offices shall be accessible to Texas-based

institutions of higher education and their nonprofit affiliates

for the purposes of fostering Texas science, technology, and

research development, international trade and investment, and

cultural exchange. The office and the institutions may enter

contracts for this purpose. Chapter 771 does not apply to those

contracts.

specified in the General Appropriations Act.

(d) The office may collect fees for the use of the foreign

offices from public and private entities except that any payments

by a state agency are governed by any interagency contract under

Subsection (a). The fees may be used only to expand, develop, and

operate foreign offices under this section.

(e) Chapter 2175 applies to the operation and maintenance of the

foreign offices. No other provisions of Subtitle D, Title 10,

apply to the operation and maintenance of the foreign offices, or

to transactions of the office that are authorized by this

section.

(f) The comptroller may, at the request of a state agency,

provide to the agency services exempted from the application of

Subtitle D, Title 10 under Subsection (e). Chapter 771 does not

apply to services provided under this subsection. The

comptroller shall establish a system of charges and billings that

ensures recovery of the cost of providing the services and shall

submit a purchase voucher or a journal voucher, after the close

of each month, to the agency for which services were performed.

Added by Acts 1989, 71st Leg., ch. 938, Sec. 1, eff. Aug. 28,

1989. Renumbered from Sec. 481.025 by Acts 1990, 71st Leg., 6th

C.S., ch. 12, Sec. 2(7), eff. Sept. 6, 1990. Amended by Acts

1991, 72nd Leg., 2nd C.S., ch. 8, Sec. 5.06, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 986, Sec. 11, eff. Sept. 1, 1993; Acts

1997, 75th Leg., ch. 165, Sec. 17.16, eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 165, Sec. 17.19(a), eff. Sept. 1, 1997; Acts

2003, 78th Leg., ch. 814, Sec. 1.23, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.52, eff. September 1, 2007.

Sec. 481.029. COST RECOVERY. The office shall recover the cost

of providing direct technical assistance, management training

services, and other services to businesses and communities when

reasonable and practical.

Added by Acts 1993, 73rd Leg., ch. 986, Sec. 13, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1041, Sec. 21, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.24, eff.

Sept. 1, 2003.

Sec. 481.0295. IDENTIFICATION OF INDUSTRY CLUSTERS. (a) The

office shall work with industry associations and organizations

and key state agencies to identify regional and statewide

industry clusters.

(b) The activities of the office in identifying industry

clusters may include:

(1) conducting focus group discussions, facilitating meetings,

and conducting studies to identify:

(A) members of an industry cluster;

(B) the general economic state of the industry cluster; and

(2) supporting the formation of industry cluster associations,

publishing industry cluster association directories, and

encouraging the entry of new members into the industry cluster;

and

(3) providing methods for electronic communication and

information dissemination among members of the industry clusters.

sector if the office determines that the development of the

industry cluster is a high priority.

(d) The office shall work with targeted sectors, private sector

organizations, key state agencies, local governments, local

economic development organizations, and higher education and

training institutions to develop strategies to strengthen the

competitiveness of industry clusters. The strategies shall be

designed to:

(1) diversify the economy;

(2) facilitate technology transfer; and

(3) increase value-added production.

(e) The activities of the office to assist the development of a

targeted sector may include:

(1) conducting focus group discussions, facilitating meetings,

and conducting studies to identify:

(A) members of a targeted sector;

(B) the general economic state of the sector; and

(2) supporting the formation of industry associations,

publishing industry association directories, and creating or

expanding the activities of the industry associations;

(3) assisting in the formation of flexible networks between

persons interested in the development of the targeted sector by

providing:

(A) employees of the office or private sector consultants

trained to organize and implement flexible networks; and

(B) funding for potential flexible network participants to

organize and implement a flexible network;

(4) helping to establish research consortia;

(5) facilitating training and education programs conducted

jointly by sector members;

(6) promoting cooperative market development activities;

(7) analyzing the need for, feasibility of, and cost of

establishing product certification and testing facilities and

services; and

(8) providing for methods of electronic communication and

information dissemination among sector members to facilitate

network or industry cluster activity.

(f) The office shall, on a continuing basis as determined by the

office, evaluate:

(1) the effectiveness of the services provided to industry

clusters, using information gathered at regional and statewide

levels; and

(2) the potential return to the state from devoting additional

resources to the economic development of a targeted sector and

devoting resources to additional targeted sectors.

(g) The office shall use information gathered in each region for

which the office identifies industry clusters to:

(1) formulate strategies to promote the economic development of

targeted sectors; and

(2) designate new targeted sectors.

Added by Acts 2003, 78th Leg., ch. 814, Sec. 1.25, eff. Sept. 1,

2003.

Sec. 481.0296. ADVANCED TECHNOLOGY INDUSTRIES. (a) The office

shall coordinate state efforts to attract, develop, or retain

technology industries in this state in certain sectors,

including:

(1) the semiconductor industry;

(2) information and computer technology;

(3) microelectromechanical systems;

(4) manufactured energy systems;

(5) nanotechnology; and

(6) biotechnology.

(b) The office shall:

(1) recommend to the governor actions to promote economic

development in the area of advanced technology;

(2) identify and assess specific economic development

opportunities; and

(3) engage in outreach to advanced technology industries,

including a joint venture created under the National Cooperative

Research and Production Act of 1993 (15 U.S.C. Section 4301 et

seq.), as amended, that is exempt from federal taxation as an

organization described by Section 501(c)(6), Internal Revenue

Code of 1986, as amended.

Added by Acts 2003, 78th Leg., ch. 814, Sec. 1.25, eff. Sept. 1,

2003.

SUBCHAPTER D. INTERNATIONAL TRADE

Sec. 481.043. GENERAL POWERS AND DUTIES RELATING TO

INTERNATIONAL TRADE. The office shall:

(1) provide businesses in the state with technical assistance,

information, and referrals related to the export of products and

services, including export finance and international business

practices;

(2) coordinate the representation of exporters in the state at

international trade shows, missions, marts, seminars, and other

appropriate promotional venues;

(3) cooperate and act in conjunction with other public and

private organizations to promote and advance export trade

activities in this state; and

(4) disseminate trade leads to exporters in the state through

the use of the Internet and other available media.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1997, 75th Leg., ch. 1041, Sec. 25, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.26, eff.

Sept. 1, 2003.

Sec. 481.047. CONFIDENTIALITY. Information collected by the

office concerning the identity, background, finance, marketing

plans, trade secrets, or other commercially sensitive information

of a lender or export business is confidential unless the lender

or export business consents to disclosure of the information.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 1.27, eff.

Sept. 1, 2003.

SUBCHAPTER E. BUSINESS DEVELOPMENT--GENERAL PROVISIONS

Sec. 481.072. DEFINITIONS. In this subchapter:

(1) "Cost" has the meaning assigned that term by Subtitle C1,

Title 12, Local Government Code.

(2) "Project" has the meaning assigned that term by Subtitle

C1, Title 12, Local Government Code.

(3) "User" includes any person.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.06, eff. April 1, 2009.

Sec. 481.0725. GENERAL POWERS AND DUTIES. The office shall:

(1) provide businesses with site selection assistance and

communities with investment leads;

(2) develop a comprehensive business recruitment marketing plan;

(3) participate in international and domestic trade shows, trade

missions, marketing trips, and seminars; and

(4) produce and disseminate information through the use of

available media and resources, including the Internet, to promote

business assistance programs and the overall business climate in

the state.

Amended by Acts 1997, 75th Leg., ch. 1041, Sec. 29, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.28, eff. Sept. 1,

2003.

Sec. 481.073. POWERS AND DUTIES RELATING TO FINANCING. (a), (b)

Repealed by Acts 2003, 78th Leg., ch. 814, Sec. 6.01(3).

(1) purchase, discount, sell, assign, negotiate, and otherwise

dispose of notes, bonds, and other evidences of indebtedness

incurred to finance or refinance projects whether secured or

unsecured;

(2) administer or participate in programs established by another

person to finance or refinance projects; and

(3) acquire, hold, invest, use, and dispose of the office's

revenues, funds, and money received from any source under this

subchapter and the proceedings authorizing the bonds issued under

this subchapter, subject only to the provisions of the Texas

Constitution, this subchapter, and any covenants relating to the

office's bonds in classes of investments that the executive

director determines.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 17,

eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1041, Sec. 30, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.29, 6.01(3),

eff. Sept. 1, 2003.

Sec. 481.075. PROGRAM RULES. (a) The executive director shall

adopt rules to establish criteria for determining which users may

participate in programs established by the office under this

subchapter. The office shall adopt collateral or security

requirements to ensure the full repayment of any loan, lease, or

installment sale and the solvency of any program implemented

under this subchapter. The executive director must approve all

leases and sale and loan agreements made under this subchapter.

(b) Users participating in the programs established under this

subchapter shall pay the costs of applying for, participating in,

and administering and servicing the program in amounts that the

office considers reasonable and necessary.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 18,

eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1041, Sec. 31, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 814, Sec. 1.30, eff.

Sept. 1, 2003.

Sec. 481.078. TEXAS ENTERPRISE FUND. (a) The Texas Enterprise

Fund is a dedicated account in the general revenue fund.

(b) The following amounts shall be deposited in the fund:

(1) any amounts appropriated by the legislature for the fund for

purposes described by this section;

(2) interest earned on the investment of money in the fund; and

(3) gifts, grants, and other donations received for the fund.

only for economic development, infrastructure development,

community development, job training programs, and business

incentives.

(d) The fund may be temporarily used by the comptroller for cash

management purposes.

(e) The administration of the fund is considered to be a

trusteed program within the office of the governor. The governor

may negotiate on behalf of the state regarding awarding, by

grant, money appropriated from the fund. The governor may award

money appropriated from the fund only with the express written

prior approval of the lieutenant governor and speaker of the

house of representatives.

(e-1) To be eligible to receive a grant under this section, the

entity must:

(1) be in good standing under the laws of the state in which the

entity was formed or organized, as evidenced by a certificate

issued by the secretary of state or the state official having

custody of the records pertaining to entities or other

organizations formed under the laws of that state; and

(2) owe no delinquent taxes to a taxing unit of this state.

(f) Before awarding a grant under this section, the governor

shall enter into a written agreement with the entity to be

awarded the grant money specifying that:

(1) if the governor finds that the grant recipient has not met

each of the performance targets specified in the agreement as of

a date certain provided in the agreement:

(A) the recipient shall repay the grant and any related interest

to the state at the agreed rate and on the agreed terms;

(B) the governor will not distribute to the recipient any grant

money that remains to be awarded under the agreement; and

noncompliance against the recipient;

(2) if all or any portion of the amount of the grant is used to

build a capital improvement, the state may:

(A) retain a lien or other interest in the capital improvement

in proportion to the percentage of the grant amount used to pay

for the capital improvement; and

(B) require the recipient of the grant, if the capital

improvement is sold, to:

(i) repay to the state the grant money used to pay for the

capital improvement, with interest at the rate and according to

the other terms provided by the agreement; and

(ii) share with the state a proportionate amount of any profit

realized from the sale; and

(3) if, as of a date certain provided in the agreement, the

grant recipient has not used grant money awarded under this

section for the purposes for which the grant was intended, the

recipient shall repay that amount and any related interest to the

state at the agreed rate and on the agreed terms.

(g) The grant agreement may include a provision providing that a

reasonable percentage of the total amount of the grant will be

withheld until specified performance targets are met by the

entity as of the date described by Subsection (f)(1).

(h) The governor, after consultation with the speaker of the

house of representatives and the lieutenant governor, shall

determine:

(1) the performance targets and date required to be contained in

the grant agreement as provided by Subsection (f)(1); and

(2) if the grant agreement includes the provision authorized by

Subsection (g), the percentage of grant money required to be

withheld.

(i) An entity entering into a grant agreement under this section

shall submit to the governor, lieutenant governor, and speaker of

the house of representatives an annual progress report containing

the information compiled during the previous calendar year

regarding the attainment of each of the performance targets

specified in the agreement.

(j) Repayment of a grant under Subsection (f)(1)(A) may be

prorated to reflect a partial attainment of performance targets.

(k) To encourage the development and location of small

businesses in this state, the governor shall consider making

grants from the fund:

(1) to recipients that are small businesses in this state that

commit to using the grants to create additional jobs;

(2) to recipients that are small businesses from outside the

state that commit to relocate to this state; or

(3) for individual projects that create 100 or fewer additional

jobs.

(l) For purposes of Subsection (k), "small business" means a

legal entity, including a corporation, partnership, or sole

proprietorship, that:

(1) is formed for the purpose of making a profit;

(2) is independently owned and operated; and

(3) has fewer than 100 employees.

Added by Acts 2003, 78th Leg., ch. 978, Sec. 2, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

602, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1254, Sec. 2, eff. June 19, 2009.

Sec. 481.079. REPORT ON USE OF MONEY IN TEXAS ENTERPRISE FUND.

(a) Before the beginning of each regular session of the

legislature, the governor shall submit to the lieutenant

governor, the speaker of the house of representatives, and each

other member of the legislature a report on grants made under

Section 481.078 that states:

(1) the number of direct jobs each recipient committed to create

in this state;

(2) the number of direct jobs each recipient created in this

state;

(3) the median wage of the jobs each recipient created in this

state;

(4) the amount of capital investment each recipient committed to

expend or allocate per project in this state;

(5) the amount of capital investment each recipient expended or

allocated per project in this state;

(6) the total amount of grants made to each recipient;

(7) the average amount of money granted in this state for each

job created in this state by grant recipients;

(8) the number of jobs created in this state by grant recipients

in each sector of the North American Industry Classification

System (NAICS); and

(9) of the number of direct jobs each recipient created in this

state, the number of positions created that provide health

benefits for employees.

(b) The report may not include information that is made

confidential by law.

Section 481.078 to submit, on a form the governor provides,

information required to complete the report.

Added by Acts 2005, 79th Leg., Ch.

602, Sec. 2, eff. September 1, 2005.

Sec. 481.080. ECONOMIC AND FISCAL IMPACT STATEMENT FOR CERTAIN

GRANT PROPOSALS. (a) Before the governor awards a grant under

Section 481.078 to an entity for a proposed initiative, the

office shall prepare a statement that, specifically and in

detail, assesses the direct economic impact that approval of the

grant will have on the residents of this state.

(b) The statement must include:

(1) for the period covered by the grant:

(A) the estimated number of jobs to be created in this state by

the potential recipient each biennium; and

(B) the estimated median wage of the jobs to be created in this

state by the potential recipient each biennium;

(2) the additional amount of ad valorem taxes, sales and use

taxes, and fee revenues projected to be generated each year by

governmental entities of this state;

(3) the total amount of tax credits, local incentives, and other

money or credits estimated to be distributed to the proposed

grant recipient by governmental entities of this state; and

(4) any other information the office considers necessary to

include in the statement.

Added by Acts 2005, 79th Leg., Ch.

602, Sec. 2, eff. September 1, 2005.

SUBCHAPTER H. BUSINESS DEVELOPMENT--PERMIT ASSISTANCE

Sec. 481.121. DEFINITIONS. In this subchapter:

(1) "Applicant" means a person acting for himself or authorized

to act on behalf of another person to obtain a permit.

(2) "Permit office" means the Texas Economic Development and

Tourism Office's business permit office.

(3) "Permit" means any license, certificate, registration,

permit, or other form of authorization required by law or by

state agency rules to be obtained by a person in order to engage

in a particular business but does not include a permit or license

issued in connection with any form of gaming or gambling.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 1.31, eff.

Sept. 1, 2003.

Sec. 481.122. CREATION. The business permit office is an office

within the Texas Economic Development and Tourism Office.

Added by Acts 1989, 71st Leg., ch. 4, Sec. 3.01, eff. Sept. 1,

1989. Amended by Acts 2003, 78th Leg., ch. 814, Sec. 1.32, eff.

Sept. 1, 2003.

Sec. 481.123. DUTIES. The permit office shall:

(1) provide comprehensive information on permits required for

business enterprises in the state and make that information

available to applicants and other persons;

(2) assist applicants in obtaining timely and efficient permit

review and in resolving issues arising from the review;

(3) facilitate contacts between applicants and state agencies

responsible for processing and reviewing permit applications;

(4) assist applicants in the resolution of outstanding issues

identified by state agencies, including delays experienced in

permit review;

(5) develop comprehensive application procedures to expedite the

permit process;

(6) compile a comprehensive list of all permits required of a

person desiring to establish, operate, or expand

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Texas Codes and Statutes

CHAPTER 481. TEXAS ECONOMIC DEVELOPMENT AND TOURISM OFFICE