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AN ACT
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relating to loans and grants awarded from the Texas energy fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 34.0103(c), Utilities Code, is amended |
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to read as follows: |
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(c) Information submitted to the commission at any time for |
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the purpose of enabling the commission to make a determination on |
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the award of [in an application for] a grant under this section is |
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confidential and not subject to disclosure under Chapter 552, |
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Government Code. |
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SECTION 2. Section 34.0104, Utilities Code, is amended by |
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adding Subsection (b-1) and amending Subsections (d), (k), and (l) |
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to read as follows: |
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(b-1) Notwithstanding Subsection (b)(3): |
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(1) a construction loan provided to a municipally |
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owned utility, or an instrumentality of a municipal corporation |
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established for the benefit of a municipally owned utility, may be |
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in the form of a public security, as defined by Section 1201.002, |
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Government Code, issued by the loan applicant if the public |
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security is payable on a parity basis with other debt of the loan |
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applicant secured by a senior lien on net revenues of the facility |
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or the loan applicant's utility system; and |
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(2) a construction loan provided to an electric |
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cooperative may be secured by a senior lien on substantially all |
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electric system assets of the electric cooperative, including the |
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facility for which the loan is provided, payable on a parity basis |
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with other debt of the loan applicant secured by a senior lien. |
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(d) Outstanding loans provided under this section [and |
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grants provided under Section 34.0105, considered together,] may |
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not support the addition or construction of more than 10,000 |
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megawatts of generation capacity. |
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(k) Information submitted to the commission at any time for |
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the purpose of enabling the commission to make a determination on |
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the award of [in an application for] a loan under this section is |
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confidential and not subject to disclosure under Chapter 552, |
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Government Code. |
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(l) The commission may [not] disburse the initial funds for |
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a loan under this section after December 31, 2025, if the commission |
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determines that market factors necessitate an extension of the |
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deadline for disbursement of initial funds. An applicant may |
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request disbursement of initial funds after December 31, 2025. The |
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commission shall approve or deny the request on a case-by-case |
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basis. |
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SECTION 3. Section 34.0105, Utilities Code, is amended by |
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adding Subsection (d-1) and amending Subsection (e) to read as |
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follows: |
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(d-1) Grants provided under this section may not support the |
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construction of more than 10,000 megawatts of generation capacity. |
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(e) Information submitted to the commission at any time for |
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the purpose of enabling the commission to make a determination on |
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the award of [in an application for] a grant under this section is |
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confidential and not subject to disclosure under Chapter 552, |
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Government Code. |
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SECTION 4. Section 34.0205, Utilities Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Information submitted to the commission at any time for |
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the purpose of enabling the commission to make a determination on |
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the award of a grant or loan under this subchapter is confidential |
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and not subject to disclosure under Chapter 552, Government Code. |
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SECTION 5. Section 34.0104(b-1), Utilities Code, as added |
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by this Act, applies to a loan the application for which was |
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submitted under Section 34.0104, Utilities Code, to the Public |
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Utility Commission of Texas before the effective date of this Act if |
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the application is pending before the commission on the effective |
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date of this Act. |
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SECTION 6. 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, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2268 passed the Senate on |
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April 29, 2025, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 26, 2025, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2268 passed the House, with |
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amendments, on May 23, 2025, by the following vote: Yeas 105, |
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Nays 30, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |