73R7123 CAS-D
          By Patterson                                          H.B. No. 1684
          Substitute the following for H.B. No. 1684:
          By Patterson                                      C.S.H.B. No. 1684
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the farm and ranch finance program; granting the
    1-3  authority to issue bonds; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 4, Agriculture Code, is amended by adding
    1-6  Chapter 59 to read as follows:
    1-7              CHAPTER 59.  FARM AND RANCH FINANCE PROGRAM
    1-8                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-9        Sec. 59.001.  DEFINITIONS.  In this chapter:
   1-10              (1)  "Authority" means the Texas Agricultural Finance
   1-11  Authority created by Chapter 58 of this code.
   1-12              (2)  "Board" means the Veterans Land Board.
   1-13              (3)  "Bond" means a general obligation bond,
   1-14  certificate, note, or other obligation issued or incurred by the
   1-15  authority under this chapter as provided by Article III, Section
   1-16  49-f, of the Texas Constitution.
   1-17              (4)  "Commissioner" means the commissioner of
   1-18  agriculture.
   1-19              (5)  "Fund" means the farm and ranch finance program
   1-20  fund.
   1-21              (6)  "Program" means the farm and ranch finance
   1-22  program.
   1-23        Sec. 59.002.  DUTIES.  (a)  The authority shall administer
   1-24  the program.
    2-1        (b)  The board shall administer the fund.  At the request of
    2-2  the authority, the board shall make available to the authority
    2-3  money from the fund to pay debt service on the program's bonds and
    2-4  to provide financial assistance to borrowers to purchase farm or
    2-5  ranch land as provided by this chapter.
    2-6        Sec. 59.003.  LIMITED IMMUNITY FROM SUIT OR LIABILITY.  The
    2-7  authority or a member of the board may be sued and held personally
    2-8  liable for damages that result from an official act or omission
    2-9  only if the act or omission is corrupt or malicious.
   2-10            (Sections 59.004-59.010 reserved for expansion
   2-11                         SUBCHAPTER B.  BONDS
   2-12        Sec. 59.011.  BONDS.  (a)  The authority may provide by order
   2-13  or resolution for the issuance and sale of negotiable bonds
   2-14  authorized by Article III, Section 49-f, of the Texas Constitution.
   2-15  The proceeds from the sale of the bonds constitute the fund.
   2-16        (b)  Subchapter D, Chapter 58, Agriculture Code, as it
   2-17  relates to the issuance, sale, and refunding of bonds, applies to
   2-18  the authority's issuance, sale, and refunding of bonds under this
   2-19  chapter to finance the fund.
   2-20        Sec. 59.012.  DISPOSITION OF BOND PROCEEDS.  (a)  Except as
   2-21  provided by Subsections (b) and (c) of this section, proceeds from
   2-22  the sale of the bonds, other than refunding bonds, shall be
   2-23  deposited in the state treasury to the credit of the fund.
   2-24        (b)  The board may provide for transferring to the interest
   2-25  and sinking account from the proceeds of the sale of bonds or from
   2-26  the available money in the fund directly an amount that, together
   2-27  with the accrued interest received, is sufficient to pay interest
    3-1  becoming due during the fiscal year in which the bonds are sold and
    3-2  to establish appropriate reserves.
    3-3        (c)  At the timely request of the authority, the board shall
    3-4  provide for transferring from the proceeds of the sale of bonds or
    3-5  from available money in the fund directly an amount certified by
    3-6  the authority as reasonable and necessary to cover the costs of
    3-7  administering the program.  That amount shall be deposited in the
    3-8  state treasury to the credit of a special fund to be known as the
    3-9  farm and ranch administrative expense fund.
   3-10        Sec. 59.013.  PAYMENT OF PRINCIPAL AND INTEREST.  The
   3-11  authority shall arrange for payment of the principal of bonds as
   3-12  they mature and the interest on the bonds as it becomes payable.
   3-13        Sec. 59.014.  APPROVAL BY ATTORNEY GENERAL.  Before the bonds
   3-14  are delivered to the purchasers, the attorney general shall examine
   3-15  the record relating to the bonds.  If the record demonstrates that
   3-16  the bonds have been issued in accordance with the Texas
   3-17  Constitution and this chapter, the attorney general shall approve
   3-18  the bonds.
   3-19        Sec. 59.015.  USE OF FUND TO PAY COSTS OF ISSUANCE.  (a)  The
   3-20  authority may use money in the fund attributable to the issuance
   3-21  and sale of bonds to pay:
   3-22              (1)  legal fees and fees for financial advice the
   3-23  authority finds necessary for the sale of bonds;
   3-24              (2)  the expense of publishing notice of sale of an
   3-25  installment of bonds;
   3-26              (3)  the expense of printing the bonds;
   3-27              (4)  the expense of issuing the bonds, including the
    4-1  actual costs of travel, lodging, and meals of officers, members, or
    4-2  employees of the board, directors or employees of the authority,
    4-3  the comptroller, the state treasurer, or the attorney general that
    4-4  the authority finds necessary to implement the issuance, rating, or
    4-5  delivery of the bonds;
    4-6              (5)  the cost of manually signing the bonds;
    4-7              (6)  remuneration to any agent employed by the
    4-8  authority to pay the principal of and interest on the bonds;
    4-9              (7)  any amount required to be paid to maintain the
   4-10  federal tax exemption of interest on the bonds; or
   4-11              (8)  any other cost, fee, or expense relating to the
   4-12  issuance of the bonds.
   4-13        (b)  If, during the existence of the fund or during the
   4-14  period any bonds are payable from the fund, the authority
   4-15  determines that there will not be sufficient money in the fund
   4-16  during the following fiscal year to pay the principal of or
   4-17  interest on the bonds that is to come due during the following
   4-18  fiscal year, the comptroller shall transfer to the fund from the
   4-19  first money coming into the state treasury not otherwise
   4-20  appropriated by the constitution an amount sufficient to pay the
   4-21  obligations.
   4-22        (c)  The money transferred to the fund under Subsection (b)
   4-23  of this section shall be used to pay the obligations only if at the
   4-24  time the principal or interest becomes due there is not sufficient
   4-25  money in the fund to pay the amount due.
   4-26        Sec. 59.016.  INVESTMENTS.  (a)  The authority shall give
   4-27  timely instruction to the board of the dates on which principal on
    5-1  bonds matures and interest becomes payable.  The board shall
    5-2  administer the fund accordingly.
    5-3        (b)  Except as provided by Subsection (c) of this section,
    5-4  money in the fund that is not immediately committed to paying
    5-5  principal of and interest on the bonds or to paying expenses as
    5-6  provided by Section 59.015 of this code may be invested by the
    5-7  board in:
    5-8              (1)  a direct security repurchase agreement or reverse
    5-9  security repurchase agreement made with a state or national bank
   5-10  domiciled in this state or with a primary dealer approved by the
   5-11  federal reserve system;
   5-12              (2)  a direct obligation of or obligation the principal
   5-13  and interest of which are guaranteed by the United States
   5-14  government;
   5-15              (3)  a direct obligation of or obligation guaranteed by
   5-16  the Federal Home Loan Banks, the Federal National Mortgage
   5-17  Association, the Federal Farm Credit System, the Student Loan
   5-18  Marketing Association, the Federal Home Loan Mortgage Corporation,
   5-19  or a successor to one of those organizations;
   5-20              (4)  a bankers' acceptance that:
   5-21                    (A)  is eligible for purchase by a member of the
   5-22  federal reserve system;
   5-23                    (B)  matures in 270 days or less; and
   5-24                    (C)  is issued by a bank that has received the
   5-25  highest short-term credit rating by a nationally recognized
   5-26  investment rating firm;
   5-27              (5)  commercial paper that:
    6-1                    (A)  matures in 270 days or less; and
    6-2                    (B)  has received the highest short-term credit
    6-3  rating by a nationally recognized investment rating firm;
    6-4              (6)  a contract that is written by the board in which
    6-5  the board grants the purchaser the right to purchase securities in
    6-6  the board's marketable securities portfolio at a specified price
    6-7  over a specified period and for which the board is paid a fee and
    6-8  that specifically prohibits naked-option or uncovered option
    6-9  trading;
   6-10              (7)  an obligation of a state or of an agency, county,
   6-11  city, or other political subdivision of a state or a mutual fund
   6-12  composed of those obligations;
   6-13              (8)  an investment instrument, obligation, or other
   6-14  evidence of indebtedness the payment of which is directly or
   6-15  indirectly guaranteed by the full faith and credit of the United
   6-16  States government;
   6-17              (9)  an investment, account, depository receipt, or
   6-18  deposit that is fully:
   6-19                    (A)  insured by the Federal Deposit Insurance
   6-20  Corporation or a successor to that organization; or
   6-21                    (B)  secured by a security described by
   6-22  Subdivision (2), (3), or (8) of this subsection;
   6-23              (10)  a collateralized mortgage obligation fully
   6-24  secured by securities or mortgages issued or guaranteed by the
   6-25  Government National Mortgage Association (GNMA) or any entity
   6-26  identified by Subdivision (3) of this subsection;
   6-27              (11)  a security or evidence of indebtedness issued by
    7-1  the Farm Credit System Financial Assistance Corporation, the
    7-2  Private Export Funding Corporation, or the Export-Import Bank; and
    7-3              (12)  any other investment authorized for investment of
    7-4  state funds by the state treasurer under Section 404.024,
    7-5  Government Code.
    7-6        (c)  The board may not invest in or purchase obligations of a
    7-7  private corporation or other private business entity doing business
    7-8  in the Republic of South Africa unless the corporation or other
    7-9  entity:
   7-10              (1)  has:
   7-11                    (A)  adopted the Statement of Principles for
   7-12  South Africa as they existed in 1987, as described in the Report on
   7-13  the Signatory Companies to the Statement of Principles for South
   7-14  Africa published by Arthur D. Little, Inc., Cambridge,
   7-15  Massachusetts, and has obtained a performance rating in Category 1
   7-16  or 2 of the Statement of Principles for South Africa rating system
   7-17  as determined by Arthur D. Little, Inc.; or
   7-18                    (B)  agreed to the Code of Conduct that is
   7-19  enforced by the United States Department of State under Section
   7-20  208, Comprehensive Anti-Apartheid Act of 1986 (Pub. L. No. 99-440)
   7-21  and has received a rating of "Making Satisfactory Progress"; and
   7-22              (2)  does not supply strategic products or services for
   7-23  use by the government, military, or police of the Republic of South
   7-24  Africa.
   7-25        (d)  In this section:
   7-26              (1)  "Direct security repurchase agreement" means an
   7-27  agreement under which the board buys, holds for a specified time,
    8-1  and then sells back any of the following securities, obligations,
    8-2  or participation certificates:
    8-3                    (A)  a United States government security;
    8-4                    (B)  a direct obligation of or an obligation the
    8-5  principal and interest of which are guaranteed by the United States
    8-6  government;
    8-7                    (C)  a direct obligation of or an obligation
    8-8  guaranteed by the Federal Home Loan Banks, the Federal National
    8-9  Mortgage Association, the Federal Farm Credit System, the Student
   8-10  Loan Marketing Association, the Federal Home Loan Mortgage
   8-11  Corporation, or a successor to one of those organizations; or
   8-12                    (D)  any other investment instrument, obligation,
   8-13  or other evidence of indebtedness the payment of which is directly
   8-14  or indirectly guaranteed by the full faith and credit of the United
   8-15  States government.
   8-16              (2)  "Doing business in the Republic of South Africa"
   8-17  means conducting or performing manufacturing, assembly, or
   8-18  warehousing operations in the Republic of South Africa or, in the
   8-19  case of a bank or other financial institution, lending money to the
   8-20  government of the Republic of South Africa or any of its agencies
   8-21  or instrumentalities.
   8-22              (3)  "Market value" means the fair and reasonable
   8-23  prevailing price at which a security is being sold on the open
   8-24  market at the time of the appraisement of the security by the
   8-25  board.
   8-26              (4)  "Reverse security repurchase agreement" means an
   8-27  agreement under which the board sells and after a specified time
    9-1  buys back any of the securities, obligations, or participation
    9-2  certificates listed by Subdivision (1) of this subsection.
    9-3              (5)  "Strategic products or services" means articles
    9-4  designated as arms, ammunition, or implements of war as provided by
    9-5  22 C.F.R. Part 121 or data processing equipment or computers sold
    9-6  for military or police use or for use in connection with
    9-7  restriction on travel in the Republic of South Africa by residents
    9-8  of that country.
    9-9            (Sections 59.017-59.020 reserved for expansion
   9-10                     SUBCHAPTER C.  ADMINISTRATION
   9-11        Sec. 59.021.  FUND.  (a)  The farm and ranch finance program
   9-12  fund is a fund in the state treasury.
   9-13        (b)  At the direction of the authority, money received from
   9-14  the state or federal government or from any other person, in
   9-15  addition to proceeds from bonds issued under this chapter, may be
   9-16  deposited to the credit of the fund.
   9-17        (c)  The authority may provide for establishing and
   9-18  maintaining separate accounts in the fund, including program
   9-19  accounts, an interest and sinking account, a reserve account, and
   9-20  any other accounts provided for by resolution of the authority.
   9-21        (d)  Money received as repayment of financial assistance
   9-22  shall be deposited first in the interest and sinking account as
   9-23  provided by resolution of the authority authorizing its bonds until
   9-24  that account is fully funded as provided by resolution of the
   9-25  authority.
   9-26        (e)  The fund and each account in the fund shall be kept and
   9-27  maintained at the direction of the authority and held in trust by
   10-1  the state treasurer for and on behalf of the authority and the
   10-2  owners of the bonds issued under this chapter.
   10-3        (f)  The fund may be used only as provided by this chapter.
   10-4        (g)  Pending its use, money in the fund shall be invested as
   10-5  provided by the resolution authorizing issuance of the bonds.
   10-6        (h)  The authority may receive, and shall deposit in the
   10-7  fund, appropriations, grants, donations, earned federal funds, and
   10-8  the proceeds of any investment pools operated by the state
   10-9  treasurer.
  10-10        Sec. 59.022.  RULES.  (a)  The authority shall adopt rules
  10-11  governing application for financial assistance under this chapter.
  10-12  The authority may adopt rules it considers necessary to administer
  10-13  the program or considers in the best interest of the program.  The
  10-14  authority may adopt rules concerning the sale of land acquired by
  10-15  the authority under this chapter by default, foreclosure,
  10-16  forfeiture, or any other means.  The authority shall adopt
  10-17  collateral or security requirements to ensure the full repayment of
  10-18  financial assistance granted under this chapter.  The authority may
  10-19  approve any extension of financial assistance under this chapter or
  10-20  may delegate that approval authority to the commissioner.
  10-21        (b)  The board may adopt rules it considers necessary to
  10-22  administer the fund or considers in the best interest of the fund,
  10-23  including rules on the investment of the fund.
  10-24        (c)  The authority may set and collect fees the authority
  10-25  considers reasonable and necessary to cover the expenses of
  10-26  administering the program or considers in the best interest of the
  10-27  program.  Those fees shall be deposited in the state treasury to
   11-1  the credit of the fund.  An applicant for financial assistance
   11-2  participating in the program shall pay the costs of applying for,
   11-3  participating in, and administering and servicing the program, in
   11-4  amounts the authority considers reasonable and necessary.  Any cost
   11-5  not paid by an applicant shall be paid from the fund.
   11-6        Sec. 59.023.  POWERS OF AUTHORITY.  In addition to the powers
   11-7  granted to the authority under Section 58.022 of this code, the
   11-8  authority has the power necessary to accomplish the purposes and
   11-9  carry out the programs provided by this chapter, including the
  11-10  power:
  11-11              (1)  to adopt and enforce bylaws, rules, and procedures
  11-12  necessary to carry out this chapter;
  11-13              (2)  to establish, charge, and collect a fee, charge,
  11-14  or penalty in connection with a program, service, or activity
  11-15  provided by the authority under this chapter;
  11-16              (3)  to issue bonds, provide for and secure the payment
  11-17  of the bonds, and provide for the rights of the owners of the
  11-18  bonds, in the manner and to the extent permitted by this chapter;
  11-19              (4)  to purchase, hold, cancel, or resell or otherwise
  11-20  dispose of its bonds, subject to any restrictions and any
  11-21  resolution authorizing the issuance of its bonds;
  11-22              (5)  to own, rent, lease, or otherwise acquire, accept,
  11-23  or hold any interest in real, personal, or mixed property, by
  11-24  purchase, exchange, gift, assignment, transfer, foreclosure,
  11-25  mortgage, sale, lease, or otherwise;
  11-26              (6)  to hold, manage, operate, or improve real,
  11-27  personal, or mixed property;
   12-1              (7)  to sell, lease, encumber, mortgage, exchange,
   12-2  donate, convey, or otherwise dispose of any of its property or any
   12-3  interest in its property, deed of trust, or mortgage lien owned by
   12-4  it, under its control or custody, or in its possession and to
   12-5  release or relinquish any right, title, claim, lien, interest,
   12-6  easement, or demand, including any equity or right of redemption in
   12-7  property foreclosed by it, by public or private sale, with or
   12-8  without public bidding;
   12-9              (8)  to lease or rent any improvement, land, or
  12-10  facility from any person;
  12-11              (9)  to make a secured or unsecured loan to provide
  12-12  financial assistance as provided by this chapter, including the
  12-13  refunding of an outstanding obligation, mortgage, or advance used
  12-14  for those purposes, and to charge and collect interest on those
  12-15  loans for loan payments and on terms and conditions the authority
  12-16  considers advisable that are not in conflict with this chapter;
  12-17              (10)  to purchase or acquire, sell, discount, assign,
  12-18  negotiate, or otherwise dispose of notes or other evidence of
  12-19  indebtedness of eligible applicants as the board determines or
  12-20  portions or portfolios of or participations in those evidences of
  12-21  indebtedness; and
  12-22              (11)  to sell and guarantee securities, whether taxable
  12-23  or tax exempt under federal law, in primary and secondary markets.
  12-24        Sec. 59.024.  ELIGIBILITY.  To be eligible to borrow money
  12-25  from the fund, a person, at the time of application, must:
  12-26              (1)  be a United States citizen;
  12-27              (2)  have been a resident of this state for five or
   13-1  more years immediately preceding the application;
   13-2              (3)  be a member of a household that has derived at
   13-3  least 25 percent of its gross income from a farm or ranch for the
   13-4  preceding three years; and
   13-5              (4)  have a net worth of less than $250,000.
   13-6        Sec. 59.025.  DOWN PAYMENT.  (a)  A loan under this chapter
   13-7  may not exceed $150,000, less the down payment required under this
   13-8  subsection.  If the purchase price of land purchased with financial
   13-9  assistance under this chapter is $150,000 or less, the minimum down
  13-10  payment is equal to five percent of the purchase price.  If the
  13-11  purchase price exceeds $150,000, the minimum down payment is an
  13-12  amount equal to the sum of five percent of the purchase price plus
  13-13  the amount equal to the difference between the purchase price and
  13-14  $150,000.
  13-15        (b)  The authority shall provide by rule for the period
  13-16  during which and the manner in which the down payment provided for
  13-17  under Subsection (a) of this section shall be paid to the
  13-18  authority.
  13-19        (c)  If the sale is not consummated, the authority shall
  13-20  refund the down payment to the borrower.
  13-21        Sec. 59.026.  TRANSFER OF BORROWER'S INTEREST.  (a)  The
  13-22  contract for a loan under this chapter must provide that transfer
  13-23  of ownership of the land without the authority's express written
  13-24  permission, before the entire principal and interest due have been
  13-25  paid constitutes default under the contract.
  13-26        (b)  If the borrower dies or becomes financially
  13-27  incapacitated or if the borrower's interest in land is
   14-1  involuntarily transferred by court order or other proceedings,
   14-2  including bankruptcy, sheriff or trustee sale, or divorce, the land
   14-3  may be conveyed by the borrower or the borrower's heirs,
   14-4  administrators, executors, or successors in interest by complying
   14-5  with the rules adopted by the authority and obtaining the
   14-6  authority's written permission.
   14-7        Sec. 59.027.  CHANGES IN USE.  (a)  Before a borrower may use
   14-8  land acquired with financial assistance under this chapter for a
   14-9  primary purpose other than farming or ranching, the borrower must
  14-10  submit to the authority an application for approval of the change
  14-11  of use.
  14-12        (b)  As soon as practicable after an application for a change
  14-13  of use is received, the authority shall approve or deny the
  14-14  application and shall notify the borrower of the authority's
  14-15  decision.
  14-16        (c)  The loan contract must provide that using land acquired
  14-17  under this chapter for a purpose other than farming or ranching
  14-18  without the approval of the authority constitutes default under the
  14-19  contract.
  14-20        Sec. 59.028.  APPRAISAL.  (a)  Before the authority may loan
  14-21  money for the purchase of land under this chapter, the authority
  14-22  must have an appraisal of the property made to determine its value.
  14-23        (b)  An appraiser representing the authority must be
  14-24  qualified to give competent appraisals of land.  The authority may
  14-25  contract with the board to use appraisers employed by the board.
  14-26        Sec. 59.029.  PAYMENTS TO AUTHORITY UNDER CERTAIN LEASES.
  14-27  If, during a period a person is indebted to the authority for land
   15-1  purchased with financial assistance under this chapter, the person
   15-2  executes or there exists a lease or contract of sale of oil, gas,
   15-3  or other minerals, chemicals, hard metals, timber, sand, gravel, or
   15-4  other material that covers the land purchased from the authority
   15-5  that would result in the depletion of the corpus of the land, not
   15-6  less than one-half of all bonus money, delay rentals, or royalties
   15-7  received as consideration for or payment under the oil, gas, or
   15-8  mineral lease and not less than one-half of all money received
   15-9  under a lease or contract of sale of other minerals, chemicals,
  15-10  hard metals, timber, sand, gravel, or other material shall be paid
  15-11  to the authority by the lessee under the lease or the buyer under
  15-12  the contract of sale.  The authority shall apply those payments to
  15-13  the satisfaction of the indebtedness.
  15-14        Sec. 59.030.  TERM OF LEASES.  (a)  A purchaser may not lease
  15-15  land purchased with financial assistance under this chapter for a
  15-16  term longer than 10 years, except:
  15-17              (1)  a lease for oil, gas, or other minerals may be for
  15-18  a term of not longer than 10 years, and as long thereafter as oil,
  15-19  gas, or other minerals are produced from the land in commercial
  15-20  quantities; and
  15-21              (2)  a lease for coal and lignite may be for a term of
  15-22  not longer than 40 years, and as long thereafter as coal and
  15-23  lignite are produced from the land in commercial quantities.
  15-24        (b)  A lease or a separate instrument to take effect in the
  15-25  future may not contain a provision for option or renewal of the
  15-26  lease or re-lease of the property for any term that would result in
  15-27  a fixed term of the lease that exceeds the maximum fixed term
   16-1  authorized under Subsection (a) of this section.  A lease or
   16-2  instrument that contains an option renewal or re-lease agreement in
   16-3  violation of this section is void.
   16-4        Sec. 59.031.  DEATH OF A BORROWER.  (a)  If a borrower
   16-5  receiving financial assistance under this chapter dies while
   16-6  indebted to the state under a contract, the borrower's rights under
   16-7  this chapter and the contract devolve on the borrower's heirs,
   16-8  devisees, or personal representatives under the laws of this state,
   16-9  subject to all rights, claims, and charges of the authority.
  16-10        (b)  Default by an heir, devisee, or personal representative
  16-11  with respect to a right, claim, or charge of the authority has the
  16-12  same effect as default by the borrower before the borrower's death.
  16-13        Sec. 59.032.  UNENCUMBERED TITLE.  The authority may
  16-14  establish a procedure by which a borrower acquiring land with a
  16-15  loan under this chapter may obtain title to a portion of the tract
  16-16  clear of encumbrances.
  16-17            (Sections 59.033-59.045 reserved for expansion
  16-18                  SUBCHAPTER D.  OFFENSES; PENALTIES
  16-19        Sec. 59.046.  FALSE OR FICTITIOUS WRITTEN STATEMENT.  (a)  A
  16-20  person commits an offense if the person knowingly or intentionally
  16-21  makes, publishes, passes, files, or uses any false, fictitious, or
  16-22  forged paper, document, contract, affidavit, application,
  16-23  assignment, or other written instrument relating to the procurement
  16-24  of financial assistance under this chapter or to the purchase,
  16-25  sale, or resale of land under this chapter or in connection with
  16-26  any transaction under this chapter.
  16-27        (b)  An offense under this section is a felony of the third
   17-1  degree.
   17-2        Sec. 59.047.  FRAUD.  (a)  A person commits an offense if the
   17-3  person defrauds a person of rights or benefits under this chapter
   17-4  or uses this chapter to defraud the state by an act of fraud,
   17-5  duress, deceit, coercion, or misrepresentation.
   17-6        (b)  An offense under this section is a felony of the third
   17-7  degree.
   17-8        SECTION 2.  Chapter 163, Natural Resources Code, is repealed.
   17-9        SECTION 3.  Subchapter D, Chapter 59, Agriculture Code, as
  17-10  added by this Act, applies only to an offense committed on or after
  17-11  the effective date of this Act.  For purposes of this section, an
  17-12  offense is committed before the effective date of this Act if any
  17-13  element of the offense occurs before the effective date.
  17-14        SECTION 4.  (a)  On the effective date of this Act, the
  17-15  powers, duties, and obligations of the Veterans Land Board relating
  17-16  to the Farm and Ranch Finance Program, other than administration of
  17-17  the farm and ranch program fund, are transferred to the Texas
  17-18  Agricultural Finance Authority, and the Veterans Land Board shall
  17-19  transfer all property and records relating to the program in its
  17-20  custody to the Texas Agricultural Finance Authority.
  17-21        (b)  On the transfer of all property and records under
  17-22  Subsection (a) of this section:
  17-23              (1)  a rule, form, or policy adopted by the Veterans
  17-24  Land Board relating to the Farm and Ranch Finance Program becomes a
  17-25  rule, form, or policy of the Texas Agricultural Finance Authority;
  17-26  and
  17-27              (2)  a contract of sale with the Veterans Land Board
   18-1  becomes a contract with the Texas Agricultural Finance Authority.
   18-2        SECTION 5.  This Act takes effect September 1, 1993.
   18-3        SECTION 6.  The importance of this legislation and the
   18-4  crowded condition of the calendars in both houses create an
   18-5  emergency and an imperative public necessity that the
   18-6  constitutional rule requiring bills to be read on three several
   18-7  days in each house be suspended, and this rule is hereby suspended.