SB2268 - Relating to loans and grants awarded from the Texas energy fund.

      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), 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; or   if the applicant is an electric cooperative the loan may be secured   by the senior lien on substantially all electric system assets of   the electric cooperative, including the facility with which such   loan is payable on a parity basis with other debt of such applicant   secured by such 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