GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE F. COMMERCE AND INDUSTRIAL DEVELOPMENT

CHAPTER 490G.  ECONOMIC INCENTIVE OVERSIGHT BOARD

Sec. 490G.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Economic Incentive Oversight Board.
(2)  "Monetary incentive" means a grant, loan, or other form of monetary incentive paid from state revenues, including a state trust fund, that a business entity or other person may receive in exchange for or as a result of conducting an activity with an economic development purpose.
(2-a)  "Rural county" means a county with a population of less than 60,000.
(3)  "Tax incentive" means any exemption, deduction, credit, exclusion, waiver, rebate, discount, deferral, or other abatement or reduction of state tax liability of a business entity or other person that the person may receive in exchange for or as a result of conducting an activity with an economic development purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 915 (H.B. 26), Sec. 2.01, eff. September 1, 2015.

Sec. 490G.002.  ESTABLISHMENT AND COMPOSITION.  (a)  The Economic Incentive Oversight Board is an advisory body composed of nine members as follows:
(1)  two public members appointed by the speaker of the house of representatives, one of whom must be from a rural county;
(2)  two public members appointed by the lieutenant governor, one of whom must be from a rural county;
(3)  two public members appointed by the comptroller; and
(4)  three public members appointed by the governor.
(b)  In appointing members of the board, each appointing officer shall appoint one member who has expertise in the area of economic development.
(c)  A member of the board serves at the pleasure of the appointing officer.
(d)  The board members are entitled to reimbursement for actual and necessary expenses incurred by the members in serving on the board as provided by Chapter 660 and the General Appropriations Act.
(e)  The office of the governor shall provide administrative support and staff to the board.
Added by Acts 2015, 84th Leg., R.S., Ch. 915 (H.B. 26), Sec. 2.01, eff. September 1, 2015.

Sec. 490G.003.  PRESIDING OFFICER.  The governor shall appoint the presiding officer of the board.
Added by Acts 2015, 84th Leg., R.S., Ch. 915 (H.B. 26), Sec. 2.01, eff. September 1, 2015.

Sec. 490G.004.  MEETINGS.  (a)  The board shall meet at least annually at the call of the presiding officer.
(b)  The board may hold a meeting by telephone conference call or videoconference.
(c)  A board meeting held under Subsection (b) is subject to the requirements of Subchapter F, Chapter 551, Government Code, except that a quorum of the board is not required to be physically present at one location of the meeting.
Added by Acts 2015, 84th Leg., R.S., Ch. 915 (H.B. 26), Sec. 2.01, eff. September 1, 2015.

Sec. 490G.005.  REVIEW OF CERTAIN STATE INCENTIVE PROGRAMS; PERFORMANCE MATRIX.  (a)  The board shall examine the effectiveness and efficiency of programs and funds administered by the office of the governor, the comptroller, or the Department of Agriculture that award to business entities and other persons state monetary or tax incentives for which the governor, comptroller, or department has discretion in determining whether or not to award the incentives.
(b)  The board shall develop a performance matrix that clearly establishes the economic performance indicators, measures, and metrics that will guide the board's evaluations of those programs and funds.
Added by Acts 2015, 84th Leg., R.S., Ch. 915 (H.B. 26), Sec. 2.01, eff. September 1, 2015.

Sec. 490G.006.  SCHEDULE OF REVIEW; RECOMMENDATION TO LEGISLATIVE AUDIT COMMITTEE.  (a)  The board shall develop a schedule for the periodic review of each state incentive program or fund described by Section 490G.005 for the purposes of making recommendations on whether to continue the program or fund or whether to improve program or fund effectiveness and efficiency.  The board shall review and make recommendations to the legislature regarding each program or fund according to the review schedule.
(b)  After conducting a review of a state incentive program or fund under this chapter, the board may recommend to the legislative audit committee that an audit of the program or fund be included in the audit plan under Section 321.013.
Added by Acts 2015, 84th Leg., R.S., Ch. 915 (H.B. 26), Sec. 2.01, eff. September 1, 2015.

Sec. 490G.007.  BIENNIAL REPORT.  Not later than January 1 of each odd-numbered year, the board shall submit to the lieutenant governor, the speaker of the house of representatives, and each standing committee of the senate and house of representatives with primary jurisdiction over economic development a report containing findings and recommendations resulting from each review of state incentive programs and funds conducted by the board under this chapter during the preceding two calendar years.
Added by Acts 2015, 84th Leg., R.S., Ch. 915 (H.B. 26), Sec. 2.01, eff. September 1, 2015.

Sec. 490G.008.  CONFLICTS OF INTEREST.  (a)  A member of the board who has a substantial interest in a business entity or other person that previously applied for or received a state monetary or tax incentive from a program or fund subject to review by the board shall disclose that interest in writing to the board.
(b)  A board member who has a business, commercial, or other relationship, other than an interest described by Subsection (a), that could reasonably be expected to diminish the person's independence of judgment in the performance of the person's responsibilities in relation to the board shall disclose the relationship in writing to the board.
Added by Acts 2015, 84th Leg., R.S., Ch. 915 (H.B. 26), Sec. 2.01, eff. September 1, 2015.

Sec. 490G.009.  CONFIDENTIALITY OF INFORMATION.  The provision of information that is confidential by law to the board does not affect the confidentiality of the information.
Added by Acts 2015, 84th Leg., R.S., Ch. 915 (H.B. 26), Sec. 2.01, eff. September 1, 2015.