The bank must run a micro-business disaster recovery loan guarantee program, and eligible financial institutions and micro-businesses must meet stated participation and qualification conditions.
Sec. 489.304. MICRO-BUSINESS DISASTER RECOVERY LOAN GUARANTEE PROGRAM. (a) The bank shall establish and administer a micro-business disaster recovery loan guarantee program in which money in the micro-business disaster recovery fund is used to guarantee loans made by participating financial institutions to micro-businesses that have suffered economic injury as a result of a declared disaster. (b) The bank shall determine the eligibility of a financial institution to participate in the program and may set a limit on the number of eligible financial institutions that may participate in the program. (c) To participate in the program, an eligible financial institution must enter into a participation agreement with the bank that sets out the terms and conditions under which loans made to micro-businesses recovering from a declared disaster will be guaranteed. (d) To qualify for a loan guarantee under the program, a micro-business: (1) must: (A) be in good standing under the laws of this state; and (B) not owe delinquent taxes to a taxing unit of this state before the date of the initial issuance of the disaster declaration; and (2) may not: (A) have total revenue that exceeds the amount for which no franchise tax is due under Section 171.002(d)(2), Tax Code; or (B) be a franchise, a national chain with operations in this state, a lobbying firm, or a private equity firm or backed by a private equity firm. (e) A micro-business that receives a loan guarantee shall apply the loan to working capital or to the purchase, construction, or lease of capital assets damaged, reduced, or lost as a result of the declared disaster. Added by Acts 2021, 87th Leg., R.S., Ch. 947 (S.B. 1465), Sec. 1, eff. June 18, 2021.