83R6741 RWG-D By: Raymond H.B. No. 3180 A BILL TO BE ENTITLED AN ACT relating to eligibility of business entities to receive funding under the Texas Enterprise Fund, the Texas small business incubator fund, or the Texas emerging technology fund. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 481.078(e-1), Government Code, is amended to read as follows: (e-1) To be eligible to receive a grant under this section, the entity must: (1) be formed or organized [in good standing] under the laws of this [the] state and in good standing [in which the entity was formed or organized], as evidenced by a certificate issued by the secretary of state [or the state official having custody of the records pertaining to entities or other organizations formed under the laws of that state]; and (2) owe no delinquent taxes to a taxing unit of this state. SECTION 2. Section 489.213(h), Government Code, is amended to read as follows: (h) A [Any] business [in this state] is eligible for funding distributed through the small business incubator fund if: (1) the business is formed or organized under the laws of this state; and (2) it is determined that the business is substantially likely to develop and expand the opportunities for small businesses in the semiconductor, nanotechnology, biotechnology, or biomedicine industry in this state. SECTION 3. Section 490.101, Government Code, is amended by amending Subsection (f-1) and adding Subsection (f-2) to read as follows: (f-1) To be eligible to receive an award under this chapter, a business entity must be formed or organized under the laws of this state. (f-2) For purposes of Subsection (f), an award of money appropriated from the fund is considered disapproved by the lieutenant governor or speaker of the house of representatives if that officer does not approve the proposal to award funding before the 91st day after the date of receipt of the proposal from the governor. The lieutenant governor or the speaker of the house of representatives may extend the review deadline applicable to that officer for an additional 14 days by submitting a written notice to that effect to the governor before the expiration of the initial review period. SECTION 4. The changes in law made by this Act apply only to an application for funding under the Texas Enterprise Fund, the Texas small business incubator fund, or the Texas emerging technology fund, as appropriate, submitted on or after the effective date of this Act. An application submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose. SECTION 5. 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.