1-1 By: Romo (Senate Sponsor - Ellis) H.B. No. 2377
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the creation of the small business air compliance
1-22 funding program.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subchapter B, Chapter 382, Health and Safety
1-25 Code, is amended by adding Section 382.0366 to read as follows:
1-26 Sec. 382.0366. SMALL BUSINESS AIR COMPLIANCE FUNDING
1-27 PROGRAM. (a) The board, with the advice of the compliance
1-28 advisory panel, shall establish and operate the small business air
1-29 compliance funding program. The purpose of the program is to help
1-30 small businesses comply with state air pollution control
1-31 regulations by encouraging commercial lending to small businesses
1-32 for the purchase of air pollution control equipment and to pay for
1-33 environmental audits through the provision of loans and loan
1-34 guarantees for those purchases and payments.
1-35 (b) The small business air compliance fund is in the state
1-36 treasury. The fund consists of appropriations made to the board
1-37 for purposes of this section, money received from the operation of
1-38 the program, gifts and grants from the federal government, local
1-39 governments, private corporations, or other persons for purposes of
1-40 the program, and interest earned on money in the fund. Money in
1-41 the fund may be used only for:
1-42 (1) loans to or loan guarantees for small businesses
1-43 to help them purchase or acquire additional financing for the
1-44 purchase of air pollution control equipment and to pay for
1-45 environmental audits; and
1-46 (2) administrative expenses related to the fund.
1-47 (c) Loans and loan guarantees under this section shall be
1-48 administered by a contractor selected by the board with the advice
1-49 of the compliance advisory panel. The board shall conduct a
1-50 competition by request for proposals among interested public
1-51 agencies, nonprofit organizations, or financial institutions to
1-52 select the contractor.
1-53 (d) The board may contract with the entity selected under
1-54 Subsection (c) to manage and administer loans and loan guarantees
1-55 according to board guidelines adopted under this section. The
1-56 contract shall require the use by the board and the contractor of
1-57 any available administrative assistance of other public agencies,
1-58 nonprofit organizations, or financial institutions in order to
1-59 obtain the maximum use of money in the fund and to increase to the
1-60 greatest extent possible the availability of commercial loans to
1-61 small businesses for the purchase of air pollution control
1-62 equipment and to pay for environmental audits.
1-63 (e) The board shall adopt rules to carry out the purposes of
1-64 this section, including rules governing:
1-65 (1) amounts and terms of and procedures for loans and
1-66 loan guarantees, repayment terms, security requirements, and
1-67 default and remedy provisions;
1-68 (2) procedures and criteria for selection of the
2-1 contractor;
2-2 (3) reporting requirements; and
2-3 (4) disbursement from and administration of the fund.
2-4 (f) The board shall report not later than March 1 of each
2-5 year to the governor, the lieutenant governor, and the speaker of
2-6 the house regarding the activities of the program. The report
2-7 shall include, at a minimum, the status of the fund, the number and
2-8 size of loans and loan guarantees made under the program, and
2-9 information regarding the type of business, ethnicity and gender of
2-10 ownership, and geographic distribution of businesses receiving
2-11 assistance under the program.
2-12 (g) In this section:
2-13 (1) "Financial institution" means an organization
2-14 authorized to do business under state or federal laws relating to
2-15 financial institutions, including a bank or trust company, savings
2-16 bank, building and loan association, savings and loan company or
2-17 association, or credit union.
2-18 (2) "Program" means the small business air compliance
2-19 funding program.
2-20 (3) "Small business" means an independently owned and
2-21 operated business with not more than 100 employees and net earnings
2-22 of less than $1 million a year computed as an average of the
2-23 immediately preceding three years. The term includes an
2-24 agricultural cooperative.
2-25 SECTION 2. (a) A reference to the "board" in Section
2-26 382.0366, Health and Safety Code, as added by this Act, is a
2-27 reference to the Texas Air Control Board or its successor.
2-28 (b) This Act does not affect the transfer of the powers,
2-29 rights, duties, and obligations of the Texas Air Control Board to
2-30 the Texas Natural Resource Conservation Commission as provided by
2-31 Sections 1.086 and 1.087, Chapter 3, Acts of the 72nd Legislature,
2-32 1st Called Session, 1991.
2-33 SECTION 3. The importance of this legislation and the
2-34 crowded condition of the calendars in both houses create an
2-35 emergency and an imperative public necessity that the
2-36 constitutional rule requiring bills to be read on three several
2-37 days in each house be suspended, and this rule is hereby suspended,
2-38 and that this Act take effect and be in force from and after its
2-39 passage, and it is so enacted.
2-40 * * * * *
2-41 Austin,
2-42 Texas
2-43 May 25, 1993
2-44 Hon. Bob Bullock
2-45 President of the Senate
2-46 Sir:
2-47 We, your Committee on Natural Resources to which was referred H.B.
2-48 No. 2377, have had the same under consideration, and I am
2-49 instructed to report it back to the Senate with the recommendation
2-50 that it do pass and be printed.
2-51 Sims,
2-52 Chairman
2-53 * * * * *
2-54 WITNESSES
2-55 FOR AGAINST ON
2-56 ___________________________________________________________________
2-57 Name: Michael White x
2-58 Representing: Greater Houston Partnership
2-59 City: Houston
2-60 -------------------------------------------------------------------
2-61 FOR AGAINST ON
2-62 ___________________________________________________________________
2-63 Name: Mary Miksa x
2-64 Representing: Texas Assoc. of Business
2-65 City: Austin
2-66 -------------------------------------------------------------------
2-67 Name: Tamra-Shae Oatman x
2-68 Representing: Texas Air Control Board
2-69 City: Austin
2-70 -------------------------------------------------------------------
3-1 Name: Scott Royder x
3-2 Representing: Sierra Club
3-3 City: Austin
3-4 -------------------------------------------------------------------
3-5 Name: Wade Thomason x
3-6 Representing: American Lung Assoc.
3-7 City: Austin
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