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.