1-1  By:  Counts (Senate Sponsor - Carriker)               H.B. No. 1309
    1-2        (In the Senate - Received from the House May 5, 1993;
    1-3  May 6, 1993, read first time and referred to Committee on Natural
    1-4  Resources; May 17, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 8, Nays 0;
    1-6  May 17, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims               x                               
   1-10        Truan              x                               
   1-11        Armbrister         x                               
   1-12        Barrientos                                     x   
   1-13        Bivins             x                               
   1-14        Brown                                          x   
   1-15        Carriker           x                               
   1-16        Lucio              x                               
   1-17        Montford           x                               
   1-18        Ratliff            x                               
   1-19        Shelley                                        x   
   1-20  COMMITTEE SUBSTITUTE FOR H.B. No. 1309                By:  Carriker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the composition and authority of the Texas Agricultural
   1-24  Finance Authority.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Sections 58.012(a) and (b), Agriculture Code, are
   1-27  amended to read as follows:
   1-28        (a)  The authority is governed by a board of directors
   1-29  composed of the commissioner of agriculture, the director of the
   1-30  Institute for International Agribusiness Studies at Prairie View
   1-31  A&M University, and seven <four> members appointed by the governor
   1-32  with the advice and consent of the senate.  An appointed member
   1-33  must be from one of the following categories with at least one
   1-34  member but not more than two members from each category:
   1-35              (1)  elected or appointed officials of a municipality
   1-36  or county;
   1-37              (2)  representatives of lending institutions chartered
   1-38  by the state or federal government who are knowledgeable about
   1-39  agricultural lending practices;
   1-40              (3)  representatives of agricultural businesses; or
   1-41              (4)  representatives of chambers of commerce,
   1-42  foundations, trade associations, institutions of higher education,
   1-43  or other entities involved in agricultural matters.
   1-44        (b)  The appointed members of the board serve staggered terms
   1-45  of two years, with the terms of three <two> members expiring on
   1-46  January 1 of each even-numbered year and the terms of four <two>
   1-47  members expiring on January 1 of each odd-numbered year.
   1-48        SECTION 2.  Section 58.021, Agriculture Code, is amended by
   1-49  adding Subsections (c) and (d) to read as follows:
   1-50        (c)  Except as provided by this subsection, the maximum
   1-51  aggregate amount of loans made to or guaranteed, insured,
   1-52  coinsured, or reinsured under this subchapter for a single eligible
   1-53  agricultural business by the authority from funds provided by the
   1-54  authority is $2 million.  The authority may make, guarantee,
   1-55  insure, coinsure, or reinsure a loan for a single eligible
   1-56  agricultural business that results in an aggregate amount exceeding
   1-57  $2 million, but not exceeding $5 million, if the action is approved
   1-58  by a two-thirds vote of the membership of the board.
   1-59        (d)  Except for programs administered by the authority in
   1-60  Chapter 59, Agriculture Code, the authority shall give preference
   1-61  to loans, loan guarantees, loan insurance, coinsurance, or
   1-62  reinsurance, and any other financing mechanism to value-added
   1-63  agricultural businesses.  The authority may decline to provide
   1-64  financial assistance to businesses whose primary purpose is to
   1-65  establish or expand conventional agricultural production.
   1-66        SECTION 3.  (a)  As soon as possible after the effective date
   1-67  of this Act, the governor shall appoint the additional members to
   1-68  the board of the Texas Agricultural Finance Authority in accordance
    2-1  with Section 58.012, Agriculture Code, as amended by this Act.  The
    2-2  governor shall appoint two members to serve initial terms expiring
    2-3  January 1, 1995, and one member to serve an initial term expiring
    2-4  January 1, 1996.
    2-5        (b)  Until all members have taken office, a quorum of the
    2-6  authority is a majority of the number of voting members who are
    2-7  qualified.
    2-8        (c)  A board member who was appointed before the effective
    2-9  date of Section 2 of this Act and who does not meet the
   2-10  requirements for appointed members imposed by Section 58.012(a),
   2-11  Agriculture Code, as amended by this Act, may continue to serve for
   2-12  the remainder of the member's term, but is not eligible for
   2-13  reappointment unless at the time of reappointment the member meets
   2-14  the requirements of Section 58.012(a), Agriculture Code, as amended
   2-15  by this Act.
   2-16        SECTION 4.  (a)  Except as provided by Subsection (b) of this
   2-17  section, this Act takes effect January 1, 1994.
   2-18        (b)  Section 2 of this Act takes effect immediately.
   2-19        SECTION 5.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force according to its
   2-25  terms, and it is so enacted.
   2-26                               * * * * *
   2-27                                                         Austin,
   2-28  Texas
   2-29                                                         May 17, 1993
   2-30  Hon. Bob Bullock
   2-31  President of the Senate
   2-32  Sir:
   2-33  We, your Committee on Natural Resources to which was referred H.B.
   2-34  No. 1309, have had the same under consideration, and I am
   2-35  instructed to report it back to the Senate with the recommendation
   2-36  that it do not pass, but that the Committee Substitute adopted in
   2-37  lieu thereof do pass and be printed.
   2-38                                                         Sims,
   2-39  Chairman
   2-40                               * * * * *
   2-41                               WITNESSES
   2-42  No witnesses appeared on H.B. No. 1309.