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89(R) SB 2268 - Enrolled version - Bill Text
S.B. No. 2268
AN ACT
relating to loans and grants awarded from the Texas energy fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 34.0103(c), Utilities Code, is amended
to read as follows:
(c) Information submitted to the commission
at any time for
the purpose of enabling the commission to make a determination on
the award of
[
in an application for
] a grant under this section is
confidential and not subject to disclosure under Chapter 552,
Government Code.
SECTION 2. Section 34.0104, Utilities Code, is amended by
adding Subsection (b-1) and amending Subsections (d), (k), and (l)
to read as follows:
(b-1) Notwithstanding Subsection (b)(3):
(1)
a construction loan provided to a municipally
owned utility, or an instrumentality of a municipal corporation
established for the benefit of a municipally owned utility, may be
in the form of a public security, as defined by Section 1201.002,
Government Code, issued by the loan applicant if the public
security is payable on a parity basis with other debt of the loan
applicant secured by a senior lien on net revenues of the facility
or the loan applicant's utility system; and
(2)
a construction loan provided to an electric
cooperative may be secured by a senior lien on substantially all
electric system assets of the electric cooperative, including the
facility for which the loan is provided, payable on a parity basis
with other debt of the loan applicant secured by a senior lien.
(d) Outstanding loans provided under this section [
and
grants provided under Section 34.0105, considered together,
] may
not support the addition or construction of more than 10,000
megawatts of generation capacity.
(k) Information submitted to the commission
at any time for
the purpose of enabling the commission to make a determination on
the award of
[
in an application for
] a loan under this section is
confidential and not subject to disclosure under Chapter 552,
Government Code.
(l) The commission may [
not
] disburse the initial funds for
a loan under this section after December 31, 2025
, if the commission
determines that market factors necessitate an extension of the
deadline for disbursement of initial funds. An applicant may
request disbursement of initial funds after December 31, 2025. The
commission shall approve or deny the request on a case-by-case
basis
.
SECTION 3. Section 34.0105, Utilities Code, is amended by
adding Subsection (d-1) and amending Subsection (e) to read as
follows:
(d-1)
Grants provided under this section may not support the
construction of more than 10,000 megawatts of generation capacity.
(e) Information submitted to the commission
at any time for
the purpose of enabling the commission to make a determination on
the award of
[
in an application for
] a grant under this section is
confidential and not subject to disclosure under Chapter 552,
Government Code.
SECTION 4. Section 34.0205, Utilities Code, is amended by
adding Subsection (f) to read as follows:
(f)
Information submitted to the commission at any time for
the purpose of enabling the commission to make a determination on
the award of a grant or loan under this subchapter is confidential
and not subject to disclosure under Chapter 552, Government Code.
SECTION 5. Section 34.0104(b-1), Utilities Code, as added
by this Act, applies to a loan the application for which was
submitted under Section 34.0104, Utilities Code, to the Public
Utility Commission of Texas before the effective date of this Act if
the application is pending before the commission on the effective
date of this Act.
SECTION 6. 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, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 2268 passed the Senate on
April 29, 2025, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 26, 2025, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2268 passed the House, with
amendments, on May 23, 2025, by the following vote: Yeas 105,
Nays 30, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor