83R3468 ATP-D By: N. Gonzalez of El Paso H.B. No. 1451 A BILL TO BE ENTITLED AN ACT relating to a program encouraging credit unions to make microloans to victims of domestic violence. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 15, Finance Code, is amended by adding Section 15.104 to read as follows: Sec. 15.104. MICROLOANS FOR VICTIMS OF DOMESTIC VIOLENCE. (a) In this section, "victim of domestic violence" means a person who in the preceding two years has been found by a court, as evidenced by a court order, to have been the victim of domestic violence. (b) The department shall establish and administer a program to encourage credit unions to make microloans to victims of domestic violence to encourage entrepreneurship by those victims. (c) In administering the program, the department shall: (1) initiate partnerships or other collaborative efforts between credit unions and community-based domestic violence programs to: (A) identify potential borrowers who are victims of domestic violence and refer those potential borrowers to credit unions that offer microloans; and (B) provide financial education training to victims of domestic violence receiving services from the programs; and (2) coordinate with credit unions with respect to materials and resources for the training provided under Subdivision (1)(B). (d) The department shall seek gifts, grants, and other funding sources for the program. SECTION 2. Section 481.0068, Government Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) The Office of Small Business Assistance shall: (1) examine the role of small and historically underutilized businesses in the state's economy and the contribution of small and historically underutilized businesses in generating economic activity, expanding employment opportunities, promoting exports, stimulating innovation and entrepreneurship, and bringing new and untested products and services to the marketplace; (2) serve as the principal focal point in the state for small and historically underutilized businesses by: (A) providing to the legislature information on the effects of proposed policies or actions; (B) assisting state agencies in determining the impact proposed rules have on small businesses as required by Section 2006.002; and (C) assisting the agencies in reducing the adverse effect that rules have on small businesses, if appropriate; (3) evaluate the effectiveness of efforts of state agencies and other entities to assist small and historically underutilized businesses and make appropriate recommendations to the legislature and state agencies to assist the development and strengthening of small and historically underutilized businesses; (4) identify regulations that inhibit small and historically underutilized business development and to the extent possible identify conflicting state policy goals; (5) determine the availability of financial and other resources to small and historically underutilized businesses and recommend methods for: (A) increasing the availability of equity capital and other forms of financial assistance to small and historically underutilized businesses; (B) generating markets for the goods and services of small and historically underutilized businesses; (C) providing more effective education, training, and management and technical assistance to small and historically underutilized businesses; and (D) providing assistance to small and historically underutilized businesses in complying with federal, state, and local laws; (6) identify the reasons for small and historically underutilized business successes and failures, ascertain the related factors that are particularly important in this state, and recommend actions for increasing the success rate of small and historically underutilized businesses; (7) serve as a focal point for receiving comments and suggestions concerning state government policies and activities that affect small and historically underutilized businesses; (8) develop and suggest proposals for changes in state policies and activities that adversely affect small and historically underutilized businesses; (9) provide to state agencies information on the effects of proposed policies or actions that affect small and historically underutilized businesses; (10) provide information and assistance relating to establishing, operating, or expanding small and historically underutilized businesses; (11) assist small and historically underutilized businesses by: (A) identifying: (i) sources of financial assistance for those businesses; and (ii) financial barriers to those businesses; (B) working with relevant organizations to identify financing programs that aid small businesses in overcoming financial barriers; (C) matching those businesses with sources of financial assistance and credit enhancement; and (D) assisting those businesses with the preparation of applications for government loans, loan guarantees, and credit enhancement programs; (12) sponsor meetings, to the extent practicable in cooperation with public and private educational institutions, to provide training and disseminate information beneficial to small and historically underutilized businesses; (13) assist small and historically underutilized businesses in their dealings with federal, state, and local governmental agencies and provide information regarding governmental requirements affecting small and historically underutilized businesses; (14) perform research, studies, and analyses of matters affecting the interests of small and historically underutilized businesses; (15) use available resources within the state, such as small business development centers, educational institutions, and nonprofit associations, to coordinate the provision of management and technical assistance to small and historically underutilized businesses in a systematic manner; (16) publish newsletters, brochures, and other documents containing information useful to small and historically underutilized businesses; (17) identify successful small and historically underutilized business assistance programs provided by other states and determine the feasibility of adapting those programs for implementation in this state; (18) establish an outreach program to make the existence of the office known to small and historically underutilized businesses and potential clients throughout the state; (19) enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the state that benefit small businesses and how small businesses can participate in or make use of those programs and services; (20) defer to the small business compliance assistance program as defined by Section 5.135, Water Code, on advocacy and technical assistance related to environmental programs that regulate small businesses; (21) develop a "one-stop" approach for all small business needs, including competitive activity with state agencies and political subdivisions; [and] (22) perform any other functions necessary to carry out the purposes of this section; and (23) collaborate with community-based domestic violence programs to provide information and assistance to victims of domestic violence receiving services from the program who are interested in establishing a small business, including any assistance available through the federal Small Business Administration. (c) In this section, "victim of domestic violence" means a person who in the preceding two years has been found by a court, as evidenced by a court order, to have been the victim of domestic violence. 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, 2013.