PART 8. TEXAS SPACE COMMISSION
CHAPTER 320. COMMISSION GOVERNANCE
SUBCHAPTER A. COMMISSION STANDARDS ON CONFLICTS OF INTEREST AND CODE OF CONDUCT
The Texas Space Commission ("Commission") adopts new 10 TAC §§320.1 - 320.7, Subchapter A, concerning Commission Standards on Conflicts of Interest and Code Of Conduct. The rules are being adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4125) and will not be republished. The adopted rules set forth the conflict of interest and code of conduct policies the Board of Directors ("Board") and staff of the Texas Space Commission will follow.
REASONED JUSTIFICATION OF ADOPTED RULES
In May 2023, the 88th Texas Legislature passed House Bill 3447, which, in part, created the Texas Space Commission, an agency administratively attached to the Office of the Governor. The Commission was established to strengthen Texas's proven leadership in civil, commercial, and military aerospace activity and to promote innovation in the fields of space exploration and commercial aerospace opportunities. House Bill 3447 directed the Board to adopt conflict-of-interest rules to govern members of the Board and Commission employees. The adopted rules fulfill the Board's desire to establish a robust policy to safeguard the appropriate usage of funds entrusted to the Commission, ensure the fair assessment of grant applications, and fulfill the duties placed upon the Commission by the legislature.
SUMMARY OF COMMENTS AND AGENCY RESPONSE
The Commission received no comments in response to this rulemaking.
TAKINGS IMPACT ASSESSMENT
The OOG has determined that no private real property interests are affected by the adopted rules and the rules do not restrict, limit, or impose a burden on an owner's rights to the owner's private real property that would otherwise exist in the absence of government action. As a result, the adopted amendments do not constitute a taking or require a takings impact assessment under section 2007.043, Texas Government Code.
STATUTORY AUTHORITY
Section 482.401, Texas Government Code, authorizes the Commission to adopt conflict-of-interest rules to govern the members of the Board and Commission employees. Section 482.403, Texas Government Code, also requires the Commission to adopt rules governing the waiver of conflict-of-interest rules required under section 482.401, Texas Government Code, as well as the investigation and consequences of unreported conflicts of interest.
CROSS REFERENCE TO STATUTE
Chapter 482, Texas Government Code. No other statutes, articles, or codes are affected by the proposed rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 17, 2024.
TRD-202403165
Gwen Griffin
Chair, Texas Space Commission
Texas Space Commission
Effective date: August 6, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 463-8554