Texas 2021 - 87th Regular

Texas House Bill HB4054 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11696 MWC-D
2	2	By: Meza H.B. No. 4054
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the community development grocery
8	8	store grant program and to the use of money from the Texas
9	9	Enterprise Fund for the program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 481, Government Code, is amended by
12	12	adding Subchapter EE to read as follows:
13	13	SUBCHAPTER EE. COMMUNITY DEVELOPMENT GROCERY STORE GRANT PROGRAM
14	14	Sec. 481.601. DEFINITIONS. In this subchapter:
15	15	(1) "Food desert" means a census tract, based on the
16	16	most recent information published by the United States Bureau of
17	17	the Census, in which:
18	18	(A) the poverty rate is 20 percent or higher or
19	19	the median family income is at or below 80 percent of the area
20	20	median family income; and
21	21	(B) at least 500 people or at least 33 percent of
22	22	the census area's population reside more than:
23	23	(i) one mile from a grocery store, in the
24	24	case of a census tract other than a rural census tract; or
25	25	(ii) 10 miles from a grocery store, in the
26	26	case of a rural census tract.
27	27	(2) "Grocery store" means a store that has at least:
28	28	(A) 66 percent of the store's retail space
29	29	reserved for the sale of food products;
30	30	(B) 50 percent of the store's food retail space
31	31	reserved for the sale of non-prepared foods or foods intended for
32	32	home preparation and consumption; and
33	33	(C) 30 percent of the store's food retail space
34	34	reserved for the sale of perishable foods, including dairy
35	35	products, fresh produce, fresh meats, poultry, fish, and frozen
36	36	foods.
37	37	(3) "Program" means the community development grocery
38	38	store grant program established under this subchapter.
39	39	Sec. 481.602. ESTABLISHMENT OF GRANT PROGRAM. (a) The
40	40	office shall establish and administer the community development
41	41	grocery store grant program to assist communities by awarding
42	42	grants to business entities proposing to operate a grocery store
43	43	that will be located in a food desert.
44	44	(b) The office may use any available revenue, including
45	45	legislative appropriations, appropriation transfers from the
46	46	trusteed programs within the office of the governor, including
47	47	authorized appropriations from the Texas Enterprise Fund, and any
48	48	other statutorily authorized and appropriate funding sources
49	49	transferred from the trusteed programs within the office of the
50	50	governor, for the purposes of this subchapter.
51	51	Sec. 481.603. ELIGIBILITY FOR GRANT. To be eligible to
52	52	receive a grant under this subchapter, a business entity must:
53	53	(1) demonstrate significant levels of planned capital
54	54	investment at the proposed location, as determined by office rule;
55	55	(2) demonstrate the support of the governing officials
56	56	of the local governmental entities in which the grocery store is
57	57	proposed to be located, particularly in the form of local economic
58	58	development incentive offers; and
59	59	(3) be well established and financially sound.
60	60	Sec. 481.604. APPLICATION. A small business may apply for a
61	61	grant under this subchapter by submitting an application to the
62	62	office in the form and manner prescribed by the office.
63	63	Sec. 481.605. GRANT AGREEMENT. (a) Before awarding a grant
64	64	under this subchapter, the office shall enter into a written
65	65	agreement with the business entity to be awarded the grant
66	66	specifying that if the grocery store closes before the fourth
67	67	anniversary of the date on which the grant is awarded, the
68	68	recipient shall repay the grant and any related interest to the
69	69	state at the agreed rate and on the agreed terms.
70	70	(b) A grant agreement for a grant awarded under this
71	71	subchapter must contain a provision stating that:
72	72	(1) the grocery store will provide health insurance
73	73	benefits to its full-time employees; and
74	74	(2) the total average wages for new jobs at the grocery
75	75	store must meet or exceed the average wage for the same or similar
76	76	type of job in the county in which the grocery store will be
77	77	located.
78	78	Sec. 481.606. GIFTS, GRANTS, AND DONATIONS. The office
79	79	shall solicit and accept gifts and grants for the purposes of this
80	80	subchapter. The office shall use gifts and grants received for the
81	81	purposes of this subchapter before using any other revenue.
82	82	Sec. 481.607. GRANT PROGRAM RULES. The executive director
83	83	of the office shall adopt rules necessary to administer and
84	84	implement this subchapter.
85	85	SECTION 2. Section 481.078, Government Code, is amended by
86	86	adding Subsection (d-2) to read as follows:
87	87	(d-2) The fund may be used for the community development
88	88	grocery store grant program under Subchapter EE. The governor may
89	89	transfer appropriations from the fund to the office for purposes of
90	90	administering the community development grocery store grant
91	91	program. Subsections (e), (f), (f-1), (f-2), (g), (h), (h-1), (i),
92	92	and (j) and Section 481.080 do not apply to a grant awarded for a
93	93	purpose specified by this subsection.
94	94	SECTION 3. Section 481.079(a-1), Government Code, is
95	95	amended to read as follows:
96	96	(a-1) For grants awarded for a purpose specified by Section
97	97	481.078(d-2) [481.078(d-1)], the report must include only the
98	98	amount and recipient [purpose] of each grant.
99	99	SECTION 4. As soon as practicable after the effective date
100	100	of this Act, the executive director of the Texas Economic
101	101	Development and Tourism Office shall adopt rules for the
102	102	establishment of the community development grocery store grant
103	103	program under Subchapter EE, Chapter 481, Government Code, as added
104	104	by this Act.
105	105	SECTION 5. This Act takes effect September 1, 2021.