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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas bioenergy fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.044 to read as follows: |
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Sec. 12.044. TEXAS BIOENERGY FUND. (a) In this section, |
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"bioenergy" means a renewable energy derived from biological |
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sources. |
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(b) The Texas bioenergy fund is a dedicated account in the |
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general revenue fund. The fund consists of: |
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(1) money appropriated to the fund; |
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(2) money from gifts, grants, or donations to the fund |
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for a designated or general use; and |
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(3) interest earned on the investment of money in the |
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fund. |
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(c) Money in the fund may be used by the department only to: |
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(1) make grants or loans to public or private entities |
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for projects relating to the development, research, or generation |
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of bioenergy, but only if a project: |
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(A) has strong support among persons located near |
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the entities performing the projects; |
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(B) provides a significant return on the state's |
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investment; and |
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(C) stimulates a diversified bioenergy sector in |
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this state; and |
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(2) administer the grant and loan program authorized |
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by this section. |
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(d) In making a grant or loan for a project, the department |
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shall consider: |
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(1) the project's effect on job creation and wages; |
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(2) the applicant's financial position; |
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(3) the applicant's business history; |
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(4) the project's plan for the development or |
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acquisition of feedstock grown or produced in this state; |
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(5) the project's use of fallow or out-of-production |
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land for feedstock development; |
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(6) the project's use of non-food; |
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(7) the project's benefit to agriculture producers; |
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(8) an analysis of the business sector relevant to the |
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project; and |
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(9) the existence of public or private sector |
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financial support for the project. |
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(e) Sections 403.095 and 404.071, Government Code, do not |
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apply to the fund. |
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(f) The department may accept gifts, donations, or grants |
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from any source for the benefit of the fund. |
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(g) The department shall adopt rules to administer this |
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section. |
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SECTION 2. This Act takes effect September 1, 2009. |