By: Rodriguez H.B. No. 4261
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishing a no-interest loan program to promote the
  use of energy efficiency measures and renewable energy technology
  in certain residential dwellings and commercial buildings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 447, Government Code, is amended by
  adding Section 447.014 to read as follows:
         Sec. 447.014.  LOAN PROGRAM TO PROMOTE USE OF ENERGY
  EFFICIENCY MEASURES AND RENEWABLE ENERGY TECHNOLOGY.  (a)  In this
  section:
               (1)  "Energy efficiency" means a measure that is aimed
  at reducing the rate at which energy is used by equipment or
  processes and may be achieved by:
                     (A)  substituting more advanced equipment to
  produce the same or higher level of end-use services with less
  energy;
                     (B)  adopting technology and processes that
  reduce heat or other energy losses;
                     (C)  installing materials, including
  weatherization materials, or equipment that reduces or facilitates
  a reduction in heat or other energy loss; or
                     (D)  reorganizing processes to make use of waste
  heat.
               (2)  "Program" means the loan program to promote energy
  efficiency measures and renewable energy technology established by
  the section.
               (3)  "Renewable energy technology" has the meaning
  assigned by Section 39.904(d), Utilities Code.
               (4)  "Small business" has the meaning assigned by
  Section 481.191.
         (b)  The State Energy Conservation Office shall establish
  and administer, from money expressly appropriated for the purpose,
  or obtained under subsection (f), a program to make no-interest
  loans to individuals and small businesses to promote the use of
  energy efficiency measures and renewable energy technology in the:
               (1)  residential dwellings owned by the individuals;
  and
               (2)  commercial buildings owned or operated by the
  small businesses.
         (c)  A loan made under the program:
               (1)  may not exceed a term of 20 years;
               (2)  may be secured by a lien on the real property; and
               (3)  may be made with respect to a new or existing
  structure.
         (d)  To be eligible to receive a loan under the program, a
  person must:
               (1)  apply to the State Energy Conservation Office on a
  form prescribed by the office; and
               (2)  meet any additional eligibility requirements
  established by rule by the office.
         (e)  The State Energy Conservation Office shall adopt rules
  as necessary to implement this section, including rules regarding:
               (1)  the types of renewable energy technologies or
  energy efficiency measures that are eligible for loan funding under
  the program;
               (2)  the maximum amount of any loan made under the
  program; and
               (3)  the manner in which loans are to be repaid to the
  office.
         (f)  The State Energy Conservation Office shall retain and
  use any loan payments received under the program to administer the
  program.
         SECTION 2.  Not later than December 1, 2009, the State Energy
  Conservation Office shall establish the loan program to promote
  energy efficiency measures and renewable energy technology under
  Section 447.014, Government Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.