TITLE 10. COMMNITY DEVELOPMENT

PART 5. OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE

CHAPTER 190. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE GRANT PROGRAM

SUBCHAPTER C. APPLICATION, REVIEW AND AWARD PROCESS

10 TAC §190.20

The Office of the Governor ("OOG") proposes an amendment to 10 TAC §190.20. The proposed amendment will specify the deadline for submitting an application.

EXPLANATION OF PROPOSED AMENDMENT

The rule under consideration relates to the Governor's University Research Initiative ("GURI"), which was implemented to create and administer the GURI grant program, as enacted by Senate Bill 632 and House Bills 7 and 26 during the 84th Legislature, Regular Session, to facilitate the recruitment of distinguished researchers to eligible Texas universities.

The proposed amendment to §190.20 specifies that an application must be submitted not later than the 30th day before the distinguished researcher begins employment at the eligible institution. This will ensure that an application for a GURI grant award is considered during the recruitment stage. It will also give the GURI Advisory Board sufficient time to make its recommendations to the Office of the Governor prior to the distinguished researcher beginning employment.

FISCAL NOTE

Adriana Cruz, Executive Director, Texas Economic Development and Tourism Office, has determined that during each year of the first five years in which the proposed amendment is in effect, there will be no expected fiscal impact on state and local governments as a result of enforcing or administering the proposed amendment.

Ms. Cruz does not anticipate any measurable effect on local employment or the local economy as a result of the proposed amendment.

PUBLIC BENEFIT AND COSTS

Ms. Cruz has also determined that during each year of the first five years in which the proposed amendment is in effect, the public benefit anticipated as a result of the proposed rule change will be to ensure that GURI funds are used for recruitment as intended by Education Code, Subchapter H. There are no anticipated economic costs for persons required to comply with the proposed rule.

Ms. Cruz has determined there may be a positive fiscal impact on the state of Texas as a result of the proposed rule, as it ensures that GURI grant awards are used for recruitment purposes and not retention.

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities. Since the OOG has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

GOVERNMENT GROWTH IMPACT STATEMENT

Ms. Cruz has determined that during each year of the first five years in which the proposed amendment is in effect, the amendment:

1) will not create or eliminate a government program;

2) will not require the creation of new employee positions or the elimination of existing employee positions;

3) will not require an increase or decrease in future legislative appropriations to the OOG;

4) will not require an increase or decrease in fees paid to the OOG;

5) does not create new regulations;

6) will not expand, limit, or repeal a existing regulations;

7) will not increase or decrease the number of individuals subject to the applicability of the rule; and

8) will not positively or adversely affect the Texas economy.

TAKINGS IMPACT ASSESSMENT

The OOG has determined that no private real property interests are affected by the proposed rule and the proposed rule does 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 proposed amendment does not constitute a taking or require a takings impact assessment under Government Code §2007.043.

SUBMISSION OF COMMENTS

Written comments regarding the proposed rule amendment may be submitted for 30 days following the date of publication of this notice by mail to Terry Zrubek, Deputy Executive Director, Office of the Governor, Economic Development and Tourism, P.O. Box 12428, Austin, Texas 78711 or by email to Terry.Zrubek@gov.texas.gov with the subject line "GURI Rule Review." The deadline for receipt of comments is 5:00 p.m., Central Time, on July 21, 2024.

STATUTORY AUTHORITY

The amendment is proposed under section 62.162 of the Texas Education Code, which authorizes the Texas Economic Development and Tourism Office, in consultation with the Texas Higher Education Coordinating Board, to adopt rules necessary to administer GURI.

CROSS REFERENCE TO STATUTE

Chapter 62 of the Texas Education Code.

§190.20.Application Process.

(a) The OOG will maintain a formal application available electronically at the OOG website.

(b) At any time, the OOG may change the terms of the formal application document. Any applicant may be required to provide supplemental information if the formal application document is changed by the OOG.

(c) At [In] the discretion of the OOG, applications may be accepted by a specified deadline or on a rolling basis [rolling-basis]. The OOG will post notice of the application schedule of the GURI program at the OOG website.

(d) An application must be submitted not later than the 30th day before the distinguished researcher begins employment at the eligible institution.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 5, 2024.

TRD-202402488

Adriana Cruz

Executive Director, Texas Economic Development and Tourism Office

Office of the Governor, Economic Development and Tourism Office

Earliest possible date of adoption: July 21, 2024

For further information, please call: (512) 936-0100