81R6072 KFF-D By: Ortiz, Jr. H.B. No. 1652 A BILL TO BE ENTITLED AN ACT relating to use of money from the Texas Enterprise Fund or the Texas emerging technology fund to promote alternative energy sources and energy efficiency technologies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 481.078, Government Code, is amended by adding Subsections (k) and (l) to read as follows: (k) At least 20 percent of the total amount of grants made from the fund must be to fund the establishment and expansion of enterprises in this state that have as their primary purpose: (1) the provision of energy derived from alternative energy sources; or (2) the conservation of energy resources through energy efficiency technology. (l) For purposes of Subsection (k): (1) "Alternative energy source" means an energy source, including solar energy, biomass energy, geothermal energy, and wind energy, that does not depend on nuclear fuel or nonrenewable fossil fuel. (2) "Energy efficiency technology" means technology that is aimed at reducing the rate at which electric energy is used by equipment or processes and may be achieved by: (A) substituting more advanced equipment to produce the same level of end-use services with less electricity; (B) adopting technology and processes that reduce heat or other energy losses; or (C) reorganizing processes to make use of waste heat. SECTION 2. Section 490.151, Government Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows: (a) Subject to Subsection (c), amounts [Amounts] allocated from the fund for use as provided by this subchapter shall be reserved for incentives for private or nonprofit entities to collaborate with public or private institutions of higher education in this state on emerging technology projects with a demonstrable economic benefit to this state. (c) The governor, lieutenant governor, and speaker of the house of representatives shall ensure that at least 30 percent of the amounts allocated from the fund for use as provided by this subchapter shall be used for initiatives that promote alternative energy sources or energy efficiency technologies. (d) In this section: (1) "Alternative energy source" means an energy source, including solar energy, biomass energy, geothermal energy, and wind energy, that does not depend on nuclear fuel or nonrenewable fossil fuel. (2) "Energy efficiency technology" means technology that is aimed at reducing the rate at which electric energy is used by equipment or processes and may be achieved by: (A) substituting more advanced equipment to produce the same level of end-use services with less electricity; (B) adopting technology and processes that reduce heat or other energy losses; or (C) reorganizing processes to make use of waste heat. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.