81R10756 TRH-F
By: Swinford H.B. No. 2366
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas bioenergy fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Agriculture Code, is amended by
adding Section 12.044 to read as follows:
Sec. 12.044. TEXAS BIOENERGY FUND. (a) In this section,
"bioenergy" means a renewable energy derived from biological
sources.
(b) The Texas bioenergy fund is a dedicated account in the
general revenue fund. The fund consists of:
(1) money appropriated to the fund;
(2) money from gifts, grants, or donations to the fund
for a designated or general use; and
(3) interest earned on the investment of money in the
fund.
(c) Money in the fund may be used by the department only to:
(1) make grants or loans to public or private entities
for projects relating to the development, research, or generation
of bioenergy, but only if a project:
(A) has strong support among persons located near
the entities performing the projects;
(B) provides a significant return on the state's
investment; and
(C) stimulates a diversified bioenergy sector in
this state; and
(2) administer the grant and loan program authorized
by this section.
(d) In making a grant or loan for a project, the department
shall consider:
(1) the project's effect on job creation and wages;
(2) the applicant's financial position;
(3) the applicant's business history;
(4) the project's plan for the development or
acquisition of feedstock grown or produced in this state;
(5) the project's use of fallow or out-of-production
land for feedstock development;
(6) the project's use of non-food;
(7) the project's benefit to agriculture producers;
(8) an analysis of the business sector relevant to the
project; and
(9) the existence of public or private sector
financial support for the project.
(e) Sections 403.095 and 404.071, Government Code, do not
apply to the fund.
(f) The department may accept gifts, donations, or grants
from any source for the benefit of the fund.
(g) The department shall adopt rules to administer this
section.
SECTION 2. This Act takes effect September 1, 2009.