Notwithstanding any provision in this chapter, the commission
may issue a direct award grant to an entity allowed by law if:
(1) the grant recipient has entered into an agreement
with the consortium under procedures established in Section 482.608(a)(3)(C),
Texas Government Code, and:
(A) the purpose of the grant is to enable the consortium
to undertake its duties established under Chapter 482, Texas Government
Code; and
(B) the commission and grant recipient enter a grant
agreement(s);
(2) the board determines that circumstances related
to a direct award grant request cannot follow standard application
processes because it would result in an entity failing to meet a deadline
or similar milestone, and:
(A) without grant funds, the potential grantee could
not successfully undertake the project to which the request relates;
(B) failure to undertake the project to which the request
relates would result in the loss of a significant commercial, civil,
or military related opportunity for advancing the space, aeronautics,
or aviation industries in the state;
(C) the commission and grant recipient enter a grant
agreement that places sufficient controls on the transaction to ensure
the public purpose of the grant is carried out; and
(D) awarding a direct grant is in the best interest
of the state; or
(3) the board determines a direct award grant is necessary
for a potential grantee to respond to a matter of national security,
defined by the intelligence community or the national defense strategy,
as well as a natural disaster or public health crisis and states of
emergency and, as soon as practicable, the commission and grant recipient
enter a grant agreement that places sufficient controls on the transaction
to ensure the public purpose of the grant is carried out.
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