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

Contracts

• Master Trust Indentures (MOUs & ECs): You must direct bond counsel to review existing indentures. Confirm that TEF loans, now structured as parity debt under SB 2268, satisfy your "Additional Bonds" or "Additional Indebtedness" tests.
• Loan Agreements: Pending loan agreements must be revised to reference Section 34.0104(b-1) as the statutory authority for the security interest.
• EPC Contracts: If your project timeline risks crossing the Dec 31, 2025 threshold, ensure your Engineering, Procurement, and Construction contracts contain specific force majeure or delay clauses that align with the "market factors" justification required for a TEF extension.

Hiring/Training

• Document Management Protocols: Update internal training for regulatory teams. The bill expands confidentiality to information submitted "at any time." Staff must be trained to mark all post-application correspondence (emails, RFIs, status updates) as "CONFIDENTIAL – SB 2268/UTIL CODE 34.0103." Do not rely on the initial application's NDA.

Reporting & Record-Keeping

• Disbursement Extension Requests: To access funds after Dec 31, 2025, you must file a formal request. You must maintain an evidentiary record starting now—documenting supply chain delays, interconnection queue issues, and interest rate volatility—to prove "market factors" necessitated the delay.

Fees & Costs

• No new state fees.
• Legal Costs: Anticipate billable hours for bond counsel to restructure the security provisions of pending loan applications.