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        |  | AN ACT | 
      
        |  | relating to the allocation and transfer of money from the capital | 
      
        |  | access fund by the Texas Economic Development Bank. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subchapter BB, Chapter 481, Government Code, is | 
      
        |  | amended by adding Section 481.415 to read as follows: | 
      
        |  | Sec. 481.415.  ALLOCATION AND TRANSFER OF MONEY FROM CAPITAL | 
      
        |  | ACCESS FUND.  (a) Notwithstanding any other provision of this | 
      
        |  | subchapter, the bank may allocate money held in or due to the | 
      
        |  | capital access fund to programs administered by the bank under | 
      
        |  | Section 489.108 or Subchapter D, Chapter 489.  The bank may transfer | 
      
        |  | money from the capital access fund to the Texas product development | 
      
        |  | fund or the Texas small business incubator fund. | 
      
        |  | (b)  Notwithstanding Subchapter D, Chapter 489, the bank may | 
      
        |  | use money transferred under Subsection (a) to make loans to small or | 
      
        |  | medium-sized businesses, governmental entities, or nonprofit | 
      
        |  | organizations.  A business, governmental entity, or nonprofit | 
      
        |  | organization that receives a loan under this subsection may: | 
      
        |  | (1)  use the money for any project, activity, or | 
      
        |  | enterprise in this state that fosters economic development; or | 
      
        |  | (2)  hold the money in a reserve account created as a | 
      
        |  | condition of the extension of the loan. | 
      
        |  | SECTION 2.  Section 489.211(b), Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (b)  The product fund is composed of proceeds of bonds issued | 
      
        |  | under this subchapter, financing application fees, loan | 
      
        |  | repayments, guarantee fees, royalty receipts, dividend income, | 
      
        |  | money appropriated by the legislature for authorized purposes of | 
      
        |  | the product fund, amounts received by the state from loans, loan | 
      
        |  | guarantees, and equity investments made under this subchapter, | 
      
        |  | amounts received by the state from federal grants or other sources, | 
      
        |  | amounts transferred from the capital access fund under Section | 
      
        |  | 481.415, and any other amounts received under this subchapter and | 
      
        |  | required by the bank to be deposited in the product fund.  The | 
      
        |  | product fund contains a program account, an interest and sinking | 
      
        |  | account, and other accounts that the bank authorizes to be created | 
      
        |  | and maintained.  Money in the product fund is available for use by | 
      
        |  | the board under this subchapter.  Investment earnings under the | 
      
        |  | product fund must be transferred to the fund created under Section | 
      
        |  | 489.105.  Notwithstanding any other provision of this subchapter, | 
      
        |  | any money in the product fund may be used for debt service. | 
      
        |  | SECTION 3.  Section 489.212(b), Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (b)  The small business fund is composed of proceeds of bonds | 
      
        |  | issued under this subchapter, financing application fees, loan | 
      
        |  | repayments, guarantee fees, royalty receipts, dividend income, | 
      
        |  | money appropriated by the legislature for authorized purposes of | 
      
        |  | the small business fund, amounts received by the state from loans, | 
      
        |  | loan guarantees, and equity investments made under this subchapter, | 
      
        |  | amounts received by the state from federal grants or other sources, | 
      
        |  | amounts transferred from the capital access fund under Section | 
      
        |  | 481.415, and any other amounts received under this subchapter and | 
      
        |  | required by the bank to be deposited in the small business fund. | 
      
        |  | The small business fund contains a project account, an interest and | 
      
        |  | sinking account, and other accounts that the bank authorizes to be | 
      
        |  | created and maintained.  Money in the small business fund is | 
      
        |  | available for use by the board under this subchapter.  Investment | 
      
        |  | earnings under the small business fund must be transferred to the | 
      
        |  | fund created under Section 489.105.  Notwithstanding any other | 
      
        |  | provision of this subchapter, any money in the small business fund | 
      
        |  | may be used for debt service. | 
      
        |  | SECTION 4.  This Act takes effect September 1, 2013. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I certify that H.B. No. 3578 was passed by the House on May 2, | 
      
        |  | 2013, by the following vote:  Yeas 145, Nays 2, 2 present, not | 
      
        |  | voting; and that the House concurred in Senate amendments to H.B. | 
      
        |  | No. 3578 on May 24, 2013, by the following vote:  Yeas 141, Nays 4, | 
      
        |  | 2 present, not voting. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | I certify that H.B. No. 3578 was passed by the Senate, with | 
      
        |  | amendments, on May 22, 2013, by the following vote:  Yeas 31, Nays | 
      
        |  | 0. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | APPROVED: __________________ | 
      
        |  | Date | 
      
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        |  | __________________ | 
      
        |  | Governor |