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AN ACT
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relating to use of the money from the Texas Enterprise Fund to  | 
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benefit certain small businesses and certain projects. | 
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
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       SECTION 1.  The vital importance of small businesses to the  | 
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economy of this state and the well-being of its residents requires  | 
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that it be the policy of this state to encourage the development and  | 
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location of small businesses in this state and promote  | 
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opportunities for those businesses to prosper. | 
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       SECTION 2.  Section 481.078, Government Code, is amended by  | 
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adding Subsections (k) and (l) to read as follows: | 
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       (k)  To encourage the development and location of small  | 
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businesses in this state, the governor shall consider making grants  | 
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from the fund: | 
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             (1)  to recipients that are small businesses in this  | 
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state that commit to using the grants to create additional jobs; | 
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             (2)  to recipients that are small businesses from  | 
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outside the state that commit to relocate to this state; or | 
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             (3)  for individual projects that create 100 or fewer  | 
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additional jobs. | 
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       (l)  For purposes of Subsection (k), "small business" means a  | 
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legal entity, including a corporation, partnership, or sole  | 
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proprietorship, that: | 
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             (1)  is formed for the purpose of making a profit; | 
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             (2)  is independently owned and operated; and | 
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             (3)  has fewer than 100 employees. | 
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       SECTION 3.  This Act takes effect immediately if it receives  | 
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a vote of two-thirds of all the members elected to each house, as  | 
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provided by Section 39, Article III, Texas Constitution.  If this  | 
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Act does not receive the vote necessary for immediate effect, this  | 
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Act takes effect September 1, 2009. | 
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______________________________ | 
______________________________ | 
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   President of the Senate | 
Speaker of the House      | 
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       I certify that H.B. No. 394 was passed by the House on March  | 
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26, 2009, by the following vote:  Yeas 146, Nays 0, 1 present, not  | 
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voting; and that the House concurred in Senate amendments to H.B.  | 
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No. 394 on May 29, 2009, by the following vote:  Yeas 140, Nays 0, 1  | 
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present, not voting. | 
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______________________________ | 
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Chief Clerk of the House    | 
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       I certify that H.B. No. 394 was passed by the Senate, with  | 
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amendments, on May 26, 2009, by the following vote:  Yeas 30, Nays  | 
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1. | 
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______________________________ | 
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Secretary of the Senate    | 
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APPROVED: __________________ | 
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                Date        | 
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         __________________ | 
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              Governor        |