74R10355 RJA-D By Patterson, Black, Giddings, Brimer, H.B. No. 2490 Kubiak, et al. Substitute the following for H.B. No. 2490: By Black C.S.H.B. No. 2490 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to state agency loan and loan guarantee programs and the 1-3 creation, administration, and operation of the Texas Development 1-4 Bank to administer state agency loan and loan guarantee programs 1-5 and to engage in capital formation initiatives to further the 1-6 state's economic and community development goals of job creation 1-7 and retention. 1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-9 SECTION 1. DEFINITIONS. In this Act: 1-10 (1) "Board" means the board of the development bank. 1-11 (2) "Development bank" means the Texas Development 1-12 Bank. 1-13 SECTION 2. TEXAS DEVELOPMENT BANK. The Texas Development 1-14 Bank is an agency of the state. 1-15 SECTION 3. BOARD MEMBERSHIP. (a) The board is composed of 1-16 11 members as provided by this section. 1-17 (b) The commissioner of agriculture, the commissioner of the 1-18 General Land Office, the comptroller of public accounts, the 1-19 commissioner of higher education, and the chairman of the Texas 1-20 Water Development Board serve as members of the board. Each of 1-21 these officers may designate a person to act on the board on behalf 1-22 of the officer. 1-23 (c) The governor shall appoint four members of the board as 1-24 follows: 2-1 (1) one person who: 2-2 (A) is on a list supplied by the speaker of the 2-3 house of representatives; and 2-4 (B) represents a small, locally owned community 2-5 bank; 2-6 (2) one person who represents a financial institution; 2-7 (3) one person who is: 2-8 (A) on a list supplied by the speaker of the 2-9 house of representatives; and 2-10 (B) an agriculture producer; and 2-11 (4) one person who represents the business community 2-12 in this state. 2-13 (d) The lieutenant governor shall appoint two members of the 2-14 board as follows: 2-15 (1) one person who is a small business owner; and 2-16 (2) one person who is a representative of a 2-17 historically underutilized business. 2-18 (e) An appointed member of the board serves at the pleasure 2-19 of the appointing official. 2-20 SECTION 4. PRESIDING OFFICER; MEETINGS. (a) The governor 2-21 shall select a presiding officer from the governor's appointees. 2-22 (b) The board shall meet at least monthly and at the call of 2-23 the presiding officer or of a majority of the members, as provided 2-24 by board rule. 2-25 SECTION 5. COMPENSATION; EXPENSES. A board member is not 2-26 entitled to receive compensation, but is entitled to reimbursement 2-27 of the member's travel expenses as provided in the General 3-1 Appropriations Act. 3-2 SECTION 6. APPLICATION OF OPEN RECORDS AND OPEN MEETINGS 3-3 LAW. (a) The development bank is subject to the open records law, 3-4 Chapter 552, Government Code, except that the financial records of 3-5 an applicant or borrower are not a public record. 3-6 (b) The board is subject to the open meetings law, Chapter 3-7 551, Government Code, except that the board is not required to 3-8 conduct an open meeting to discuss the financial matters of an 3-9 applicant or borrower. 3-10 SECTION 7. ADVISORY COMMITTEES. (a) The board may appoint 3-11 advisory committees to assist it in determining specific needs to 3-12 be addressed by programs administered by the bank. 3-13 (b) An advisory committee member is not entitled to receive 3-14 compensation but is entitled to reimbursement of travel expenses as 3-15 provided in the General Appropriations Act. 3-16 SECTION 8. EXCLUSIVE AUTHORITY. (a) On full implementation 3-17 of this Act, the development bank has the exclusive authority to 3-18 act as the administrator of state agency loan and loan guarantee 3-19 programs, including approving and servicing loans. Subject to 3-20 Subsection (b) of this section, the powers and duties of an entity 3-21 required by other law to administer a loan or loan guarantee 3-22 program relating to administering the program are transferred to 3-23 the development bank, and the entity shall transfer all records 3-24 relating to the program to the development bank. 3-25 (b) Each entity from which a program is transferred by this 3-26 Act to the development bank shall execute with the bank a 3-27 memorandum of understanding governing the transfer. The transfer 4-1 shall be accomplished in accordance with the memorandum. 4-2 (c) The Texas Development Bank shall serve as the 4-3 administrator of all existing and future state agency loan and loan 4-4 guarantee programs. 4-5 SECTION 9. CHIEF OPERATING OFFICER; EMPLOYEES. (a) The 4-6 board shall employ a chief operating officer of the development 4-7 bank. The board may delegate to the officer any of the board's 4-8 powers and duties. 4-9 (b) The chief operating officer may employ persons necessary 4-10 for the proper management of the development bank. 4-11 SECTION 10. LENDING AUTHORITY. (a) The board by rule shall 4-12 establish a breakdown of lending authority within the development 4-13 bank. 4-14 (b) The chief operating officer shall establish the loan 4-15 authority of the development bank's employees within board rules. 4-16 SECTION 11. COST-BENEFIT ANALYSIS. Every second year, the 4-17 board in conjunction with the comptroller shall conduct a 4-18 cost-benefit analysis of the state agency loan and loan guarantee 4-19 programs and shall report to the legislature at the regular session 4-20 convening in 1999 and every second year thereafter on the 4-21 effectiveness of the programs. 4-22 SECTION 12. FINANCIAL CONDITION AUDIT; RULES ASSESSMENT. 4-23 (a) The auditor, in conjunction with the comptroller and the Texas 4-24 Department of Banking, shall audit each agency and program 4-25 transferred to the development bank by this Act to determine: 4-26 (1) the financial condition of the transferred 4-27 program; 5-1 (2) the statutory rules and federal regulations that 5-2 relate to the program; and 5-3 (3) the administrative costs of the program to the 5-4 agency from which the program is transferred. 5-5 (b) The agency from which the program is transferred shall 5-6 pay the costs of the audit under this section. 5-7 (c) The auditor shall complete each audit before the program 5-8 is transferred to the development bank by this Act. 5-9 SECTION 13. SECONDARY MARKET PARTICIPATION. The development 5-10 bank may enter into participations to develop a securitization 5-11 program to sell into secondary markets. 5-12 SECTION 14. DEVELOPMENT BANK AUDIT. The development bank 5-13 shall provide for an annual audit of the financial condition of the 5-14 bank by: 5-15 (1) the state auditor; or 5-16 (2) a private auditing firm. 5-17 SECTION 15. PROGRAM MARKETING. The development bank may 5-18 adopt a policy to market the programs administered by the bank. 5-19 SECTION 16. VALUATION OF LOAN PORTFOLIO; UNDERWRITING 5-20 STANDARDS. (a) The Texas Department of Banking shall examine 5-21 loans in programs administered by the development bank at least 5-22 annually to determine the credit quality and value of the loans. 5-23 (b) The Texas Department of Banking shall recommend 5-24 appropriate loan underwriting standards consistent with the 5-25 development bank's mission and programs. 5-26 SECTION 17. MEMORANDUM OF UNDERSTANDING. The development 5-27 bank and the Texas Public Finance Authority shall jointly execute a 6-1 memorandum of understanding relating to the bank retaining earnings 6-2 that exceed the costs of bond retirement and costs of the Texas 6-3 Public Finance Authority. 6-4 SECTION 18. SUBSIDIARY. The development bank may form a 6-5 subsidiary as determined necessary by the bank. 6-6 SECTION 19. CASH MANAGEMENT. The board shall adopt a 6-7 written cash management policy and review it annually. 6-8 SECTION 20. TECHNICAL SERVICES. (a) An agency from which a 6-9 program is transferred by this Act shall perform, on request of the 6-10 development bank, technical services related to programs and 6-11 projects transferred from the agency to the bank by this Act. 6-12 (b) The development bank may contract with other entities to 6-13 perform the technical services. 6-14 SECTION 21. GIFTS AND GRANTS. The development bank may 6-15 accept gifts and grants from any private or public source. 6-16 SECTION 22. EARNINGS. The earnings from programs 6-17 administered by the development bank may be pooled and used for any 6-18 program administered by the bank. 6-19 SECTION 23. STATEWIDE NEEDS APPRAISAL PROJECT. (a) The 6-20 development bank shall biennially implement a statewide needs 6-21 appraisal project to obtain economic data concerning capital access 6-22 and availability. 6-23 (b) The data shall be made available for use in planning and 6-24 budgeting for programmatic activities by the development bank. 6-25 (c) The bank shall coordinate its activities in relation to 6-26 this project with the appropriate public and private financial 6-27 service organizations. 7-1 SECTION 24. TRANSFER OF CERTAIN PROPERTY, RECORDS, 7-2 OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO 7-3 DEVELOPMENT BANK IN 1996. On September 1, 1996, or an earlier date 7-4 provided by an interagency agreement with the affected agency, the 7-5 following functions, programs, and activities are transferred to 7-6 the development bank: 7-7 (1) from the Texas Agricultural Finance Authority: 7-8 (A) TAFA loan guarantee program; 7-9 (B) linked deposit program; 7-10 (C) microenterprise support program; 7-11 (D) young farmers endowment program; and 7-12 (E) farm and ranch finance program; 7-13 (2) from the Center For Rural Health Initiatives: 7-14 (A) outstanding rural scholar recognition and 7-15 loan program; 7-16 (B) community scholarship program; and 7-17 (C) rural physician assistant loan program; 7-18 (3) from the Texas Department of Commerce: 7-19 (A) Texas Small Business Development 7-20 Corporation; 7-21 (B) Texas capital program; 7-22 (C) Texas leverage fund; 7-23 (D) Texas business enhancement fund; 7-24 (E) Texas exporters loan fund; 7-25 (F) U.S. Small Business Administration 7a 7-26 program; 7-27 (G) U.S. Department of Commerce Exim bank loan 8-1 program; 8-2 (H) U.S. Small Business Administration statewide 8-3 504 program; 8-4 (I) small business incubator fund; 8-5 (J) historically underutilized business and 8-6 small business linked deposit program; 8-7 (K) economically distressed community loan 8-8 program; 8-9 (L) Texas rural economic development loan 8-10 guaranty program; 8-11 (M) Texas product development fund; 8-12 (N) recycling market development loan program; 8-13 and 8-14 (O) Texas product commercialization fund; 8-15 (4) from the Bond Review Board, the public school 8-16 facilities funding program; 8-17 (5) from the Texas Commission on Fire Protection, the 8-18 emergency equipment and facilities revolving fund loan program; 8-19 (6) from the State Medical Education Board, the state 8-20 medical education board loan program; 8-21 (7) from the Employees Retirement System of Texas, 8-22 Teacher Retirement System of Texas, State Board of Education, The 8-23 University of Texas, and Texas A&M University, the Texas growth 8-24 fund; 8-25 (8) from the governor and General Services Commission, 8-26 product commercialization loans under the oil overcharge program; 8-27 (9) from the Alternative Fuels Council and Texas 9-1 Public Finance Authority, the alternative fuels conversion fund; 9-2 (10) from the Texas Department of Transportation, the 9-3 airport development program; and 9-4 (11) from the Texas Historical Commission, the Texas 9-5 preservation trust fund. 9-6 SECTION 25. TRANSFER OF CERTAIN PROPERTY, RECORDS, 9-7 OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO 9-8 DEVELOPMENT BANK IN 1997. On September 1, 1997, or an earlier date 9-9 provided by an interagency agreement with the affected agency, the 9-10 following functions, programs, and activities are transferred to 9-11 the development bank: 9-12 (1) from the Texas Department of Housing and Community 9-13 Affairs: 9-14 (A) housing rehabilitation loan program; 9-15 (B) housing trust fund; 9-16 (C) single family interim construction program; 9-17 (D) single family mortgage revenue bond 9-18 programs; 9-19 (E) first time home buyer program; 9-20 (F) contract for deed bond program; 9-21 (G) subsidized home purchase loan program; 9-22 (H) down payment assistance program; 9-23 (I) housing construction and acquisition loan 9-24 program; 9-25 (J) home improvement loan program; 9-26 (K) multifamily mortgage revenue bond program; 9-27 (L) risk sharing pilot program; 10-1 (M) home investment partnership program; and 10-2 (N) Texas capital fund; and 10-3 (2) from the Texas Natural Resource Conservation 10-4 Commission, the water quality management planning program. 10-5 SECTION 26. TRANSFER OF CERTAIN PROPERTY, RECORDS, 10-6 OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO 10-7 DEVELOPMENT BANK IN 1998. On September 1, 1998, or an earlier date 10-8 provided by an interagency agreement with the Texas Water 10-9 Development Board, the following functions, programs, and 10-10 activities are transferred to the development bank from the Texas 10-11 Water Development Board: 10-12 (1) water development bond program for water supply; 10-13 (2) water development bond program for water quality; 10-14 (3) water development bond program for flood control; 10-15 (4) colonia plumbing loan program; 10-16 (5) Texas water resources fund; 10-17 (6) revenue bond program; 10-18 (7) state water pollution control revolving fund; 10-19 (8) water loan assistance program; 10-20 (9) bond insurance program; 10-21 (10) Texas Water Resources Finance Authority; 10-22 (11) pilot loan program; and 10-23 (12) agricultural water conservation bond program. 10-24 SECTION 27. TRANSFER OF CERTAIN PROPERTY, RECORDS, 10-25 OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO 10-26 DEVELOPMENT BANK IN 1999. On September 1, 1999, or an earlier date 10-27 provided by an interagency agreement with the affected agencies, 11-1 the following functions, programs, and activities are transferred 11-2 to the development bank: 11-3 (1) from the General Land Office and the Veterans' 11-4 Land Board: 11-5 (A) Texas veterans' land program; 11-6 (B) Texas veterans' housing assistance program; 11-7 and 11-8 (C) Texas veterans' home improvement program; 11-9 (2) from the Texas Higher Education Coordinating 11-10 Board: 11-11 (A) Hinson-Hazelwood college student loan 11-12 program; 11-13 (B) student loan revenue bond program; 11-14 (C) minority doctoral incentive program; 11-15 (D) physician education loan program; 11-16 (E) physical therapist education loan repayment 11-17 assistance program; 11-18 (F) professional nursing student loan repayment 11-19 assistance program; 11-20 (G) vocational nursing student loan repayment 11-21 assistance program; and 11-22 (H) teacher education loan repayment assistance 11-23 program; and 11-24 (3) from institutions of higher education, emergency 11-25 loan programs. 11-26 SECTION 28. AMENDMENT. Section 9B(a), Texas Public Finance 11-27 Authority Act (Article 601d, Vernon's Texas Civil Statutes), is 12-1 amended to read as follows: 12-2 (a) With respect to all bonds authorized to be issued by the 12-3 Texas National Guard Armory Board, Texas National Research 12-4 Laboratory Commission, Parks and Wildlife Department, and all 12-5 institutions of higher education authorized to issue bonds under 12-6 Chapter 55, Education Code, and with respect to all bonds 12-7 authorized to be issued by entities to fund programs administered 12-8 by the Texas Development Bank, the authority has the exclusive 12-9 authority to act on behalf of those entities in issuing bonds on 12-10 their behalf. In connection with those issuances and with the 12-11 issuance of refunding bonds on behalf of those entities, the 12-12 authority is subject to all rights, duties, and conditions 12-13 surrounding issuance previously applicable to the issuing entity 12-14 under the statute authorizing the issuance. All references in an 12-15 authorizing statute to the entity on whose behalf the bonds are 12-16 being issued apply equally to the authority in its capacity as 12-17 issuer on behalf of the entity. 12-18 SECTION 29. LOAN PROGRAM AUDIT. (a) The auditor, in 12-19 conjunction with the comptroller and the Texas Department of 12-20 Banking, shall audit each state agency loan and loan guarantee 12-21 program to determine the: 12-22 (1) cost versus benefit of the program; 12-23 (2) credit quality of loans in the program; 12-24 (3) loan expertise of management in the agency 12-25 administering the program; 12-26 (4) adequacy of program delivery systems; 12-27 (5) privatization of loan systems; 13-1 (6) underwriting standards used for the program; 13-2 (7) geographical distribution of loans in the program; 13-3 (8) degree of participation with financial 13-4 institutions and other lender organizations; 13-5 (9) personnel costs and other administrative costs 13-6 associated with the program; 13-7 (10) demographic distribution of loan recipients; and 13-8 (11) default and past due rates of loans in the 13-9 program. 13-10 (b) The affected agency shall pay the costs of the audit 13-11 required by this section. 13-12 (c) The auditor shall complete the audit not later than 13-13 January 1, 1997. 13-14 SECTION 30. CERTAIN LOAN PROGRAM AUDITS. (a) The auditor, 13-15 in conjunction with the comptroller and the Texas Department of 13-16 Banking, shall audit each state agency loan and loan guarantee 13-17 program to determine the: 13-18 (1) cost versus benefit of the program; 13-19 (2) credit quality of loans in the program; 13-20 (3) loan expertise of management in the agency 13-21 administering the program; 13-22 (4) adequacy of program delivery systems; 13-23 (5) privatization of loan systems; 13-24 (6) underwriting standards used for the program; 13-25 (7) geographical distribution of loans in the program; 13-26 (8) degree of participation with financial 13-27 institutions and other lender organizations; 14-1 (9) personnel costs and other administrative costs 14-2 associated with the program; 14-3 (10) demographic distribution of loan recipients; and 14-4 (11) default and past due rates of loans in the 14-5 program. 14-6 (b) The affected agency shall pay the costs of the audit 14-7 required by this section. 14-8 (c) The auditor shall complete the audit not later than 14-9 January 1, 1997. 14-10 (d) This section applies only to an agency and each of the 14-11 agency's loan and loan guarantee programs that administers one of 14-12 the following listed programs if the listed program is not 14-13 transferred to the development bank by this Act: 14-14 (1) TAFA loan guarantee program; 14-15 (2) linked deposit program; 14-16 (3) microenterprise support program; 14-17 (4) young farmers endowment program; 14-18 (5) farm and ranch finance program; 14-19 (6) outstanding rural scholar recognition and loan 14-20 program; 14-21 (7) community scholarship program; 14-22 (8) rural physician assistant loan program; 14-23 (9) Texas Small Business Development Corporation; 14-24 (10) Texas capital program; 14-25 (11) Texas leverage fund; 14-26 (12) Texas business enhancement fund; 14-27 (13) Texas exporters loan fund; 15-1 (14) U.S. Small Business Administration 7a program; 15-2 (15) U.S. Department of Commerce Exim bank loan 15-3 program; 15-4 (16) U.S. Small Business Administration statewide 504 15-5 program; 15-6 (17) small business incubator fund; 15-7 (18) historically underutilized business and small 15-8 business linked deposit program; 15-9 (19) economically distressed community loan program; 15-10 (20) Texas rural economic development loan guaranty 15-11 program; 15-12 (21) Texas product development fund; 15-13 (22) recycling market development loan program; 15-14 (23) Texas product commercialization fund; 15-15 (24) public school facilities funding program; 15-16 (25) emergency equipment and facilities revolving fund 15-17 loan program; 15-18 (26) state medical education board loan program; 15-19 (27) Texas growth fund; 15-20 (28) product commercialization loans under the oil 15-21 overcharge program; 15-22 (29) alternative fuels conversion fund; 15-23 (30) airport development program; 15-24 (31) Texas preservation trust fund; 15-25 (32) housing rehabilitation loan program; 15-26 (33) housing trust fund; 15-27 (34) single family interim construction program; 16-1 (35) single family mortgage revenue bond programs; 16-2 (36) first time home buyer program; 16-3 (37) contract for deed bond program; 16-4 (38) subsidized home purchase loan program; 16-5 (39) down payment assistance program; 16-6 (40) housing construction and acquisition loan 16-7 program; 16-8 (41) home improvement loan program; 16-9 (42) multifamily mortgage revenue bond program; 16-10 (43) risk sharing pilot program; 16-11 (44) home investment partnership program; 16-12 (45) Texas capital fund; 16-13 (46) water development bond program for water supply; 16-14 (47) water development bond program for water quality; 16-15 (48) water quality management planning program; 16-16 (49) water development bond program for flood control; 16-17 (50) colonia plumbing loan program; 16-18 (51) Texas water resources fund; 16-19 (52) revenue bond program; 16-20 (53) state water pollution control revolving fund; 16-21 (54) water loan assistance program; 16-22 (55) bond insurance program; 16-23 (56) Texas Water Resources Finance Authority; 16-24 (57) pilot loan program; 16-25 (58) agricultural water conservation bond program; 16-26 (59) Texas veterans' land program; 16-27 (60) Texas veterans' housing assistance program; 17-1 (61) Texas veterans' home improvement program; 17-2 (62) Hinson-Hazelwood college student loan program; 17-3 (63) student loan revenue bond program; 17-4 (64) minority doctoral incentive program; 17-5 (65) physician education loan program; 17-6 (66) physical therapist education loan repayment 17-7 assistance program; 17-8 (67) professional nursing student loan repayment 17-9 assistance program; 17-10 (68) vocational nursing student loan repayment 17-11 assistance program; 17-12 (69) teacher education loan repayment assistance 17-13 program; and 17-14 (70) emergency loan programs of institutions of higher 17-15 education. 17-16 SECTION 31. EFFECTIVE DATE. Except as provided by Section 17-17 32 of this Act, this Act takes effect January 1, 1996. 17-18 SECTION 32. CERTAIN SECTIONS CONTINGENT ON ADOPTION OF 17-19 CONSTITUTIONAL AMENDMENT. (a) Sections 1-28 and 30 of this Act 17-20 take effect only if the constitutional amendment proposed by House 17-21 Joint Resolution No. 98 is approved by the voters. If that 17-22 constitutional amendment is not approved by the voters, those 17-23 sections have no effect. 17-24 (b) Section 29 of this Act takes effect only if the 17-25 constitutional amendment proposed by House Joint Resolution No. 98 17-26 is not approved by the voters. If that constitutional amendment is 17-27 approved by the voters that section has no effect. 18-1 SECTION 33. The importance of this legislation and the 18-2 crowded condition of the calendars in both houses create an 18-3 emergency and an imperative public necessity that the 18-4 constitutional rule requiring bills to be read on three several 18-5 days in each house be suspended, and this rule is hereby suspended.