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78R15280 ATP-D


By:  Rodriguez                                                    H.B. No. 3298

Substitute the following for H.B. No. 3298:                                   

By:  Isett                                                    C.S.H.B. No. 3298



A BILL TO BE ENTITLED

AN ACT

relating to amounts deposited in the reserve account of a financial 
institution that makes a capital access loan.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 481.408(d), Government Code, is amended 
to read as follows:
	(d)  On receipt of a certification made under Subsection (c) 
and subject to Section 481.409, the department shall deposit in the 
institution's reserve account for each capital access loan made by 
the institution:
		(1)  an amount equal to the amount deposited by the 
institution for each loan if the institution:
			(A)  has assets of more than $1 billion; or                                  
			(B)  has previously enrolled loans in the program 
that in the aggregate are more than $2 million;
		(2)  an amount equal to 150 percent of the total amount 
deposited under Subsection (b) for each loan if the institution is 
not described by Subdivision (1); or
		(3)  notwithstanding Subdivisions (1) and (2), an 
amount equal to 200 percent of the total amount deposited under 
Subsection (b) for each loan if:
			(A)  the borrower is located in or financing a 
project, activity, or enterprise in an area designated as an 
enterprise zone under Chapter 2303; [or]
			(B)  the borrower is a small or medium-size 
business or a nonprofit organization that operates or proposes to 
operate a day-care center or a group day-care home, as those terms 
are defined by Section 42.002, Human Resources Code; or
			(C)  the participating financial institution is a 
community development financial institution, as that term is 
defined by 12 U.S.C. Section 4702, as amended.
	SECTION 2.  Section 481.409(b), Government Code, is amended 
to read as follows:
	(b)  The maximum amount the department may deposit into a 
reserve account for each capital access loan made under this 
subchapter is the lesser of $35,000 or an amount equal to:
		(1)  eight percent of the loan amount if:                                     
			(A)  the borrower is located in or financing a 
project, activity, or enterprise in an area designated as an 
enterprise zone under Chapter 2303; [or]
			(B)  the borrower is a small or medium-size 
business or a nonprofit organization that operates or proposes to 
operate a day-care center or a group day-care home, as those terms 
are defined by Section 42.002, Human Resources Code; or
			(C)  the participating financial institution is a 
community development financial institution, as that term is 
defined by 12 U.S.C. Section 4702, as amended; or
		(2)  six percent of the loan amount for any other 
borrower.                 
	SECTION 3.  This Act takes effect September 1, 2003.