Texas Intrastate Crowdfunding

Recent Changes to the Act
Text as changed by the 84th Texas Legislature, Regular Session, 2015
Italic faced type indicates amendments by the 84th Legislature

Repeal of Section 41 contained in House Bill 7, that became effective on September 1, 2015.
Sec. 41. Repealed. House Bill 7, Chapter 448, Acts of the 84th Legislature, Regular Session, 2015.

Addition of Section 44 contained in House Bill 1629 that became effective on September 1, 2015:
Sec. 44. Crowdfunding.

(A) The Board shall adopt rules to regulate and facilitate online intrastate crowdfunding applicable to authorized small business development entities. 
The Board may create other requirements necessary to carry out this section.

(B) The rules for authorized small business development entities must:

(1) allow authorized small business development entities to list on their web portals offerings of securities by issuers in which they are financially interested;
(2) allow authorized small business development entities and their portals to list offerings of securities without offering investment advice;
(3) allow authorized small business development entities to subcontract the operations of a crowdfunding web portal to a third party as permitted by Board rule; and
(4) limit the offerings of securities on an authorized small business development entity's web portal to securities of issuers located within the service area of the authorized small business development entity.

(C) In this section, “authorized small business development entity” means:

(1) a Type A corporation authorized under Chapter 504, Local Government Code;
(2) a Type B corporation authorized under Chapter 505, Local Government Code;
(3) a nonprofit organization authorized by an agency or authority of the federal government to distribute housing and community development block grants;

(4) a municipal corporation;

(5) the Texas Veterans Commission; or

(6) a nonprofit community development financial institution certified by the Community Development Financial Institutions Fund.

The full text of the bills listed here may be obtained on the Texas Legislature Online website.
I want to bring this out to a public that may be waking up to a corrupt system and the enemy we must face if we have any chance to reclaim our status as the "Middle Class" ... I will use ONLY the Texas Intrastate Crowdfunding System for this financial example.

This morning while having my coffee at Starbucks, I noticed a story on my local newspaper's Business section that "Despite oil price turmoil, state adds jobs for 10 month" the article went on to report how many jobs were created over the last 12 months in Texas ... this number would be 187,400 to quote this story by The Dallas Morning News (03/05/2016)

How interesting, they say the unemployed fell to 4.5% ... but they FAIL to say just how many 4.5% represents ... maybe they do not want to sound negative ... well this is OVER 600,000 ... yep ... over a half a million out of work moms, dads, families that would be grateful to have a job to go to and the ability to participate in their basic Constitutional Rights ... "The right to life, the right to hold property, the right to liberty, well, your getting my point.

So, for a few moments please allow me to offer a "SOLUTION" to this Unemployed Problem!

Let's keep it simple ...

1. What does every job in the world have in common?

answer: A Business.

2. What is a common need that every business faces?

answer: Business working capital.

OK, so let's stay focused in the State Of Texas, and the 600 Thousand out of work citizens/residents.

It's a fact that Texas has over 207,000 Start-Ups (SUs), and the Texas State Securities Board worked their tails off to create a solution for a Texas business to access capital (Under SEC Rule 147) AND any Texas business that meets the SECs Rule 147 requirements.

Highlights of the 147 Rule

 ... all offers and sales are made to Texas residents, 18 and up, and up to $5K per year may be invested into each offer/issuer/business ...

To ensure that the securities offering is local, Rule 139.25(b)(1) and SEC Rule 147 also require:

at least 80% of the issuer's gross revenues during its most recent fiscal year prior to the offering are derived from the operation of a business in Texas;
at least 80% of the issuer's assets at the end of its most recent semiannual period prior to the offering are located in Texas;
the issuer must use at least 80% of the net proceeds of this offering in connection with the operation of its business within Texas; and
the principal office of the issuer must be located in Texas.
More information on how these tests are met can be found in SEC Rule 147(c) (17 CFR §230.147)

OK, now let's put a business plan together here, one with a community interest/effort ... Let's use our Texas Veteran, the hero that put their life on the line for our freedom to create solutions to this kind of problem.

The Math:

It has been projected that the State of Texas has 207,000 Business Start-Ups and now they all have access to The Texas Crowdfunding System to raise start-up capital.

Texas has 1.6 Million Veterans in the state, this represents 9% of the total population (18 and over) and if we use the following assumption 9% (Texas Vets) of the 207,000 Start-ups (SUs) we will show 18,630 of these SUs will be Texas Veterans.

Ok, so let's be conservative with the assumption, our rule allows a business to raise $1,000,000.00 every 12 months.

So we have 

18,630 Texas Vets Offering Business Equity/Stock/Ownership.

X $400,000.00 The amount of capital they are raising to get started.

For a total of 

$7,452,000,000.00 New money for the common man/woman

This is $7 Billion with a B, moving around in our state ...

For a total of $7.4 Billion Dollars, and now when each one of these "New Texas Business Owners" hires JUST 1 Employee, we just put 37,260 people to work, paying taxes, supporting local communities economy ... well ... you are getting the idea I'm sure.

Wow that does not include the other, additional 188,000 +Texas Start-Ups ... same formula additional ... add another 376,000+ JOBS!

Why has our Texas Governor NOT mentioned or funded any program(s) to expose this system, or placed an overseer to monitor and promote Texas Intrastate Crowdfunding?

My best guess .... is ...

Governor Abbott's top 2 Campaign Supporters ( Securities & Investment - $2,618,708.83 Attorney's & Lobbyist - $1,792,317.03 = $4,411,000.00) - will be disrupted by this Texas Intrastate Crowdfunding System! 

Go figure ... Facebook Underwriters to Split $176 Million in IPO Fees/ 

These 7 banks won big on IPOs this year

A Texas Crowdfunding Portal takes the place as an Investment Bank, takes place of a loan from a bank and a Securities License is NOT needed to create the issuers documents to make the offer successful .

Maybe you should call your Texas Govenor's Office 512- 463- 2000 and let him know that now you know too !

Hey, did you already forget about the other 188,370 Entrepreneurs that need business capital?

Or the 376,000 Jobs waiting to be created TEXAS ALONE!