85R12094 GRM-D By: Johnson of Dallas H.B. No. 4195 A BILL TO BE ENTITLED AN ACT relating to establishing a pilot program to assist small business in obtaining capital. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 481, Government Code, is amended by adding Subchapter CC to read as follows: SUBCHAPTER CC. SMALL BUSINESS CAPITAL ACCESS PILOT PROGRAM Sec. 481.451. DEFINITIONS. In this subchapter: (1) "Capital access fund" means the fund described by Section 481.402. (2) "Capital access loan," "loan," and "small business" have the meanings assigned by Section 481.401. (3) "Community development financial institution" has the meaning assigned by 12 U.S.C. Section 4702. (4) "Disadvantaged individual" means a person whose annual income is equal to or less than $37,000. (5) "Program" means the small business capital access pilot program established under this subchapter. (6) "Rural" means a community located in a county with a population of 50,000 or less. Sec. 481.452. REQUEST FOR PROPOSALS. Not later than October 1, 2017, the bank shall issue a request for proposals from community development financial institutions based in this state to administer the program. The bank shall select a community development financial institution to administer the program not later than December 1, 2018. Sec. 481.453. PROGRAM FUNDING; PURPOSE. (a) The program shall be funded by allocating not more than 20 percent of the balance of the capital access fund for the purposes of the program. (b) The program shall expand access to capital for small businesses located in this state. Sec. 481.454. PROGRAM ADMINISTRATION. (a) The community development financial institution administering the program shall provide capital access loans to small businesses that face barriers in accessing capital. The institution administering the program shall give special emphasis to small businesses that are owned by: (1) disadvantaged individuals; (2) minorities; (3) persons who reside in rural areas; (4) veterans; or (5) women. (b) The maximum forgiveness rate is 30 percent for loans less than or equal to $50,000. Sec. 481.455. OVERSIGHT. (a) The community development financial institution administering the program shall report monthly to the bank: (1) the names of businesses that have received capital access loans; (2) the current balance of all outstanding loans made under the program; and (3) any other information the bank requires. (b) The community development financial institution administering the program shall prepare a detailed financial statement each quarter. (c) The community development financial institution shall allow the bank to inspect the institution's financial records on request. Sec. 481.456. PROGRAM REPORT. The bank shall issue an annual status report on the program, including preliminary or final findings concerning the program's effectiveness. The bank shall deliver its report to the governor, the lieutenant governor, the speaker of the house, and the standing committees of the legislature with primary jurisdiction for small business and economic development. Sec. 481.457. EXPIRATION. This subchapter expires September 1, 2020. SECTION 2. Section 481.402, Government Code, is amended by adding Subsection (d) to read as follows: (d) To carry out the purposes of this subchapter, money in the fund may be appropriated for a loan made under Subchapter CC, as provided by Section 481.453. This subsection expires September 1, 2020. 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, 2017.