Monitoring the Session

HB 405

bill clearing up duplicate text on fuel ethanol grants

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Richard HayesRHouse 57

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to fees on and grants for fuel ethanol, renewable methane, biodiesel, and renewable diesel.

Caption from analyzed text · version H.

Summary

Same 3.2 cents in, same 20 cents out, now written once.

The bill re-adopts two existing farm-code provisions so there is one clear version of the fee and the grant in the state's fuel ethanol, renewable methane, biodiesel and renewable diesel production incentive program. It touches producers who run registered plants: they pay 3.2 cents per gallon or MMBtu (1.6 cents for biodiesel) and can collect 20 cents per gallon or MMBtu (10 cents for biodiesel) for a plant's first ten years of production. On the ground, the numbers do not change; the bill only clears up conflicting duplicate text, and it takes effect immediately or on September 1, 2025.

Labels

Labels: GOT HALFWAY. Passed the House on Apr 30, 2025. Died in the Senate: never got out of the Economic Development committee.

Receipt

The receipt

89R-HB405 · 2024-11-12

SOLD BY

ITEM

relating to fees on and grants for fuel ethanol, renewable methane, biodiesel, and renewable diesel.

WHAT IT DOES

Same 3.2 cents in, same 20 cents out, now written once.

The bill re-adopts two existing farm-code provisions so there is one clear version of the fee and the grant in the state's fuel ethanol, renewable methane, biodiesel and renewable diesel production incentive program. It touches producers who run registered plants: they pay 3.2 cents per gallon or MMBtu (1.6 cents for biodiesel) and can collect 20 cents per gallon or MMBtu (10 cents for biodiesel) for a plant's first ten years of production. On the ground, the numbers do not change; the bill only clears up conflicting duplicate text, and it takes effect immediately or on September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 10, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Agriculture & Livestock
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in formal meeting
  9. Recommended to be sent to Local & Consent
  10. Reported favorably w/o amendment(s)
  11. Comte report filed with Committee Coordinator
  12. Committee report distributed
  13. Comm. report sent to Local & Consent Calendar
  14. Considered in Local & Consent Calendars
  15. Placed on Local, Consent, and Res. Calendar
  16. Withdrawn from calendar (contested)
  17. Returned to Local & Consent Calendars Comm.
  18. Considered in Local & Consent Calendars
  19. Transferred to Calendars Committee
  20. Committee report sent to Calendars
  21. Considered in Calendars
  22. Placed on General State Calendar
  23. Read 2nd time
  24. Passed to engrossment
  25. Record vote RV#872
  26. Read 3rd time
  27. Passed
  28. Record vote RV#1017
  29. Statement(s) of vote recorded in Journal
  30. Reported engrossed
  31. Received from the House
  32. Read first time
  33. Referred to Economic Development
FILED UNDER

CORPORATE WELFARE

THE TEXT

“A producer is entitled to receive from the account 20”…

Bill text, House committee report version (H)

The bill re-adopts a per-gallon state grant paid to fuel ethanol, renewable methane, biodiesel and renewable diesel producers for a plant's first ten years, keeping an existing industry incentive on the books.

SIGNED FOR BY

House · 132 yea · 7 nay

Sources

House: Final passage · Apr 30, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$204,650.12

Texans for Lawsuit Reform PAC

$204,650.12

Cash
$85,000.00
Paid by others
$119,650.12
Total
$204,650.12
mail $104,250.12polling $15,400.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010307, 101032268, 101069605, 101071583.

Texas Conservative Majority PAC$40,400.00

Texas Conservative Majority PAC

$40,400.00

Cash
$25,000.00
Paid by others
$15,400.00
Total
$40,400.00
polling $15,400.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 22, 2026 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069605, 101071583.

Michael Tenny$20,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$204,650.12

Cash
$85,000.00
Paid by others
$119,650.12
Total
$204,650.12
mail $104,250.12polling $15,400.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010307, 101032268, 101069605, 101071583.

×

Texas Conservative Majority PAC

$40,400.00

Cash
$25,000.00
Paid by others
$15,400.00
Total
$40,400.00
polling $15,400.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 22, 2026 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069605, 101071583.

Votes2

House Apr 30, 2025

Yea
132
Nay
7
Present, not voting
3
Absent
1
Excused
7
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1017

HB 405 was passed by (Record 1017): 132 Yeas, 7 Nays, 3 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 132 (published)
  • Nay: 7 (published)
  • Present, not voting: 3 (published)
  • Absent: 1 (derived from named list)
  • Excused: 7 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House Apr 29, 2025

Yea
139
Nay
8
Present, not voting
2
Absent
1
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 872

HB 405 was passed to engrossment by (Record 872): 139 Yeas, 8 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 139 (published)
  • Nay: 8 (published)
  • Present, not voting: 2 (published)
  • Absent: 1 (derived from named list)
  • Excused: 0 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses3
For
0
Against
1
On
2
Names

Against

  • Self1 registration

On

  • Texas Department of Agriculture2 registrations
Sources

3 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 10, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Nov 12, 2024

05/05/2025 S Referred to Economic Development

Texas Legislature Online · Introduced · House Committee Report · Engrossed

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Agriculture & Livestock · Committee vote 7 aye, 0 nay, 2 absent · Out of committee

Senate committee · Economic Development · Final status: Died in committee

Subjects

Agriculture

Energy--Alternative Fuels

Fees & Other Nontax Revenue--State

ECONOMIC DEVELOPMENT & TOURISM OFFICE, TEXAS

Text

The text as introduced · 253 words

89R915 MP-F

By: Hayes
H.B. No. 405

A BILL TO BE ENTITLED

AN ACT

relating to fees on and grants for fuel ethanol, renewable methane,

biodiesel, and renewable diesel.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 16.005(a), Agriculture Code, as amended

by Chapters 1295 (H.B. 2318) and 1312 (H.B. 2582), Acts of the 81st

Legislature, Regular Session, 2009, is reenacted to read as

follows:

(a) The office shall impose a fee on each producer in an

amount equal to 3.2 cents for each gallon of fuel ethanol, renewable

diesel, or MMBtu of renewable methane and 1.6 cents for each gallon

of biodiesel produced in each registered plant operated by the

producer.

SECTION 2. Section 16.006(b), Agriculture Code, as amended

by Chapters 1295 (H.B. 2318) and 1312 (H.B. 2582), Acts of the 81st

Legislature, Regular Session, 2009, is reenacted to read as

follows:

(b) A producer is entitled to receive from the account 20

cents for each gallon of fuel ethanol, renewable diesel, or MMBtu of

renewable methane and 10 cents for each gallon of biodiesel

produced in each registered plant operated by the producer until

the 10th anniversary of the date production from the plant begins.

SECTION 3. 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.