By Ellis                                         S.B. No. 265

      75R1919 KKA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the expansion and promotion of the linked deposit

 1-3     program.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  The heading to Subchapter N, Chapter 481,

 1-6     Government Code, is amended to read as follows:

 1-7             SUBCHAPTER N.  [HISTORICALLY UNDERUTILIZED BUSINESS

 1-8                 AND SMALL BUSINESS] LINKED DEPOSIT PROGRAM

 1-9           SECTION 2.  Section 481.191, Government Code, is amended to

1-10     read as follows:

1-11           Sec. 481.191.  DEFINITIONS.  In this subchapter:

1-12                 (1)  "Child-care provider" means a small business that

1-13     operates or proposes to operate a day-care center or group day-care

1-14     home, as those terms are defined by Section 42.002, Human Resources

1-15     Code.

1-16                 (2)  "Eligible borrower" means:

1-17                       (A)  a person who proposes to begin operating a

1-18     small business in a distressed community or a historically

1-19     underutilized business; or

1-20                       (B)  a child-care provider.

1-21                 (3) [(2)]  "Eligible lending institution" means a

1-22     financial institution that makes commercial loans, is a depository

1-23     of state funds, and agrees to participate in the linked deposit

1-24     program established by this subchapter and to provide collateral

 2-1     equal to the amount of linked deposits placed with it.

 2-2                 (4) [(3)]  "Historically underutilized business" means:

 2-3                       (A)  a corporation formed for the purpose of

 2-4     making a profit in which at least 51 percent of all classes of the

 2-5     shares of stock or other equitable securities is owned by one or

 2-6     more persons who are members of certain groups, including black

 2-7     Americans, Hispanic Americans, women, Asian Pacific Americans, and

 2-8     American Indians;

 2-9                       (B)  a sole proprietorship formed for the purpose

2-10     of making a profit that is 100 percent owned, operated, and

2-11     controlled by a person described by Paragraph (A) of this

2-12     subdivision;

2-13                       (C)  a partnership formed for the purpose of

2-14     making a profit in which 51 percent of the assets and interest in

2-15     the partnership is owned by one or more persons described by

2-16     Paragraph (A) of this subdivision.  Those persons must have

2-17     proportionate interest and demonstrate active participation in the

2-18     control, operation, and management of the partnership's affairs; or

2-19                       (D)  a joint venture in which each entity in the

2-20     joint venture is a historically underutilized business under this

2-21     subdivision.

2-22                 (5) [(4)]  "Small business" means a corporation,

2-23     partnership, sole proprietorship, or other legal entity that:

2-24                       (A)  is domiciled in this state;

2-25                       (B)  is formed to make a profit;

2-26                       (C)  is independently owned and operated; and

2-27                       (D)  employs fewer than 100 full-time employees.

 3-1           SECTION 3.  Sections 481.193(a) and (g), Government Code, are

 3-2     amended to read as follows:

 3-3           (a)  The department shall establish a linked deposit program

 3-4     to encourage commercial lending for the development of:

 3-5                 (1)  small businesses in distressed communities;

 3-6                 (2)  [and] historically underutilized businesses; and

 3-7                 (3)  quality, affordable child-care services in this

 3-8     state.

 3-9           (g)  After the comptroller's [state treasurer's] acceptance

3-10     of the application and the lending institution originates a loan to

3-11     an eligible borrower, the comptroller [state treasurer] shall place

3-12     a linked deposit with the applicable eligible lending institution

3-13     for the period of the loan, subject to Subsections (h) and (i).

3-14     The comptroller is not required to maintain the deposit with the

3-15     lending institution if the loan is extended, renewed, or

3-16     renegotiated unless the comptroller accepts a new linked deposit

3-17     loan application under this section for the loan as modified [the

3-18     treasurer considers appropriate.  The state treasurer may not place

3-19     a deposit for a period extending beyond the state fiscal biennium

3-20     in which it is placed].  Subject to the limitation described by

3-21     Section 481.197, the comptroller [treasurer] may place time

3-22     deposits at an interest rate described by Section 481.192,

3-23     notwithstanding any order of the State Depository Board to the

3-24     contrary.

3-25           SECTION 4.  Subchapter N, Chapter 481, Government Code, is

3-26     amended by adding Section 481.198 to read as follows:

3-27           Sec. 481.198.  MARKETING.  (a)  The department shall promote

 4-1     the linked deposit program established by this subchapter to

 4-2     eligible borrowers and financial institutions that make commercial

 4-3     loans and are depositories of state funds.

 4-4           (b)  Not later than January 1 of each odd-numbered year, the

 4-5     department shall prepare and deliver to the governor, lieutenant

 4-6     governor, speaker of the house of representatives, and clerks of

 4-7     the standing committees of the senate and house of representatives

 4-8     with primary jurisdiction over commerce and economic development a

 4-9     report concerning the department's efforts in promoting the linked

4-10     deposit program during the preceding two years.

4-11           SECTION 5.  This Act does not apply to a linked deposit

4-12     governed by a written deposit agreement executed before the

4-13     effective date of this Act.  A linked deposit governed by a written

4-14     deposit agreement executed before the effective date of this Act is

4-15     governed by the law in effect at the time the agreement was

4-16     executed, and that law is continued in effect for that purpose.

4-17           SECTION 6.  This Act takes effect September 1, 1997.

4-18           SECTION 7.  The importance of this legislation and the

4-19     crowded condition of the calendars in both houses create an

4-20     emergency and an imperative public necessity that the

4-21     constitutional rule requiring bills to be read on three several

4-22     days in each house be suspended, and this rule is hereby suspended.