By: Armbrister S.B. No. 377 A BILL TO BE ENTITLED AN ACT 1-1 relating to state agency loan and loan guarantee programs and the 1-2 creation, administration, and operation of the Texas Development 1-3 Bank to administer state agency loan and loan guarantee programs 1-4 and to engage in capital formation initiatives to further the 1-5 state's economic and community development goals of job creation 1-6 and retention. 1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-8 SECTION 1. DEFINITIONS. In this Act: 1-9 (1) "Board" means the board of the development bank. 1-10 (2) "Development bank" means the Texas Development 1-11 Bank. 1-12 SECTION 2. TEXAS DEVELOPMENT BANK. The Texas Development 1-13 Bank is an agency of the state. 1-14 SECTION 3. BOARD MEMBERSHIP. (a) The board is composed of 1-15 11 members as provided by this section. 1-16 (b) The commissioner of agriculture, the commissioner of the 1-17 General Land Office, the comptroller of public accounts, the 1-18 commissioner of higher education, and the chairman of the Texas 1-19 Water Development Board serve as members of the board. Each of 1-20 these officers may designate a person to act on the board on behalf 1-21 of the officer. 1-22 (c) The governor shall appoint four members of the board as 1-23 follows: 1-24 (1) one person who: 2-1 (A) is on a list supplied by the speaker of the 2-2 house of representatives; and 2-3 (B) represents a small, locally owned community 2-4 bank; 2-5 (2) one person who represents a financial institution; 2-6 (3) one person who is: 2-7 (A) on a list supplied by the speaker of the 2-8 house of representatives; and 2-9 (B) an agriculture producer; and 2-10 (4) one person who represents the business community 2-11 in this state. 2-12 (d) The lieutenant governor shall appoint two members of the 2-13 board as follows: 2-14 (1) one person who is a small business owner; and 2-15 (2) one person who is a representative of a 2-16 historically underutilized business. 2-17 (e) An appointed member of the board serves at the pleasure 2-18 of the appointing official. 2-19 SECTION 4. PRESIDING OFFICER; MEETINGS. (a) The governor 2-20 shall select a presiding officer from the governor's appointees. 2-21 (b) The board shall meet at least monthly and at the call of 2-22 the presiding officer or of a majority of the members, as provided 2-23 by board rule. 2-24 SECTION 5. COMPENSATION; EXPENSES. A board member is not 2-25 entitled to receive compensation, but is entitled to reimbursement 2-26 of the member's travel expenses as provided in the General 2-27 Appropriations Act. 3-1 SECTION 6. APPLICATION OF OPEN RECORDS AND OPEN MEETINGS 3-2 LAW. (a) The development bank is subject to the open records law, 3-3 Chapter 552, Government Code, except that the financial records of 3-4 an applicant or borrower are not a public record. 3-5 (b) The board is subject to the open meetings law, Chapter 3-6 551, Government Code, except that the board is not required to 3-7 conduct an open meeting to discuss the financial matters of an 3-8 applicant or borrower. 3-9 SECTION 7. ADVISORY COMMITTEES. (a) The board may appoint 3-10 advisory committees to assist it in determining specific needs to 3-11 be addressed by programs administered by the bank. 3-12 (b) An advisory committee member is not entitled to receive 3-13 compensation but is entitled to reimbursement of travel expenses as 3-14 provided in the General Appropriations Act. 3-15 SECTION 8. EXCLUSIVE AUTHORITY. (a) On full implementation 3-16 of this Act, the development bank has the exclusive authority to 3-17 act as the administrator of state agency loan and loan guarantee 3-18 programs, including approving and servicing loans. Subject to 3-19 Subsection (b) of this section, the powers and duties of an entity 3-20 required by other law to administer a loan or loan guarantee 3-21 program relating to administering the program are transferred to 3-22 the development bank, and the entity shall transfer all records 3-23 relating to the program to the development bank. 3-24 (b) Each entity from which a program is transferred by this 3-25 Act to the development bank shall execute with the bank a 3-26 memorandum of understanding governing the transfer. The transfer 3-27 shall be accomplished in accordance with the memorandum. 4-1 (c) The Texas Development Bank shall serve as the 4-2 administrator of all existing and future state agency loan and loan 4-3 guarantee programs. 4-4 SECTION 9. CHIEF OPERATING OFFICER; EMPLOYEES. (a) The 4-5 board shall employ a chief operating officer of the development 4-6 bank. The board may delegate to the officer any of the board's 4-7 powers and duties. 4-8 (b) The chief operating officer may employ persons necessary 4-9 for the proper management of the development bank. 4-10 SECTION 10. LENDING AUTHORITY. (a) The board by rule shall 4-11 establish a breakdown of lending authority within the development 4-12 bank. 4-13 (b) The chief operating officer shall establish the loan 4-14 authority of the development bank's employees within board rules. 4-15 SECTION 11. COST-BENEFIT ANALYSIS. Every second year, the 4-16 board in conjunction with the comptroller shall conduct a 4-17 cost-benefit analysis of the state agency loan and loan guarantee 4-18 programs and shall report to the legislature at the regular session 4-19 convening in 1999 and every second year thereafter on the 4-20 effectiveness of the programs. 4-21 SECTION 12. FINANCIAL CONDITION AUDIT; RULES ASSESSMENT. 4-22 (a) The auditor, in conjunction with the comptroller and the Texas 4-23 Department of Banking, shall audit each agency and program 4-24 transferred to the development bank by this Act to determine: 4-25 (1) the financial condition of the transferred 4-26 program; 4-27 (2) the statutory rules and federal regulations that 5-1 relate to the program; and 5-2 (3) the administrative costs of the program to the 5-3 agency from which the program is transferred. 5-4 (b) The agency from which the program is transferred shall 5-5 pay the costs of the audit under this section. 5-6 (c) The auditor shall complete each audit before the program 5-7 is transferred to the development bank by this Act. 5-8 SECTION 13. SECONDARY MARKET PARTICIPATION. The development 5-9 bank may enter into participations to develop a securitization 5-10 program to sell into secondary markets. 5-11 SECTION 14. DEVELOPMENT BANK AUDIT. The development bank 5-12 shall provide for an annual audit of the financial condition of the 5-13 bank by: 5-14 (1) the state auditor; or 5-15 (2) a private auditing firm. 5-16 SECTION 15. PROGRAM MARKETING. The development bank may 5-17 adopt a policy to market the programs administered by the bank. 5-18 SECTION 16. VALUATION OF LOAN PORTFOLIO; UNDERWRITING 5-19 STANDARDS. (a) The Texas Department of Banking shall examine 5-20 loans in programs administered by the development bank at least 5-21 annually to determine the credit quality and value of the loans. 5-22 (b) The Texas Department of Banking shall recommend 5-23 appropriate loan underwriting standards consistent with the 5-24 development bank's mission and programs. 5-25 SECTION 17. MEMORANDUM OF UNDERSTANDING. The development 5-26 bank and the Texas Public Finance Authority shall jointly execute a 5-27 memorandum of understanding relating to the bank retaining earnings 6-1 that exceed the costs of bond retirement and costs of the Texas 6-2 Public Finance Authority. 6-3 SECTION 18. SUBSIDIARY. The development bank may form a 6-4 subsidiary as determined necessary by the bank. 6-5 SECTION 19. CASH MANAGEMENT. The board shall adopt a 6-6 written cash management policy and review it annually. 6-7 SECTION 20. TECHNICAL SERVICES. (a) An agency from which a 6-8 program is transferred by this Act shall perform, on request of the 6-9 development bank, technical services related to programs and 6-10 projects transferred from the agency to the bank by this Act. 6-11 (b) The development bank may contract with other entities to 6-12 perform the technical services. 6-13 SECTION 21. GIFTS AND GRANTS. The development bank may 6-14 accept gifts and grants from any private or public source. 6-15 SECTION 22. EARNINGS. The earnings from programs 6-16 administered by the development bank may be pooled and used for any 6-17 program administered by the bank. 6-18 SECTION 23. STATEWIDE NEEDS APPRAISAL PROJECT. (a) The 6-19 development bank shall biennially implement a statewide needs 6-20 appraisal project to obtain economic data concerning capital access 6-21 and availability. 6-22 (b) The data shall be made available for use in planning and 6-23 budgeting for programmatic activities by the development bank. 6-24 (c) The bank shall coordinate its activities in relation to 6-25 this project with the appropriate public and private financial 6-26 service organizations. 6-27 SECTION 24. TRANSFER OF CERTAIN PROPERTY, RECORDS, 7-1 OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO 7-2 DEVELOPMENT BANK IN 1996. On September 1, 1996, or an earlier date 7-3 provided by an interagency agreement with the affected agency, the 7-4 following functions, programs, and activities are transferred to 7-5 the development bank: 7-6 (1) from the Texas Agricultural Finance Authority: 7-7 (A) TAFA loan guarantee program; 7-8 (B) linked deposit program; 7-9 (C) microenterprise support program; 7-10 (D) young farmers endowment program; and 7-11 (E) farm and ranch finance program; 7-12 (2) from the Center For Rural Health Initiatives: 7-13 (A) outstanding rural scholar recognition and 7-14 loan program; 7-15 (B) community scholarship program; and 7-16 (C) rural physician assistant loan program; 7-17 (3) from the Texas Department of Commerce: 7-18 (A) Texas Small Business Development 7-19 Corporation; 7-20 (B) Texas capital program; 7-21 (C) Texas leverage fund; 7-22 (D) Texas business enhancement fund; 7-23 (E) Texas exporters loan fund; 7-24 (F) U.S. Small Business Administration 7a 7-25 program; 7-26 (G) U.S. Department of Commerce Exim bank loan 7-27 program; 8-1 (H) U.S. Small Business Administration statewide 8-2 504 program; 8-3 (I) small business incubator fund; 8-4 (J) historically underutilized business and 8-5 small business linked deposit program; 8-6 (K) economically distressed community loan 8-7 program; 8-8 (L) Texas rural economic development loan 8-9 guaranty program; 8-10 (M) Texas product development fund; 8-11 (N) recycling market development loan program; 8-12 and 8-13 (O) Texas product commercialization fund; 8-14 (4) from the Bond Review Board, the public school 8-15 facilities funding program; 8-16 (5) from the Texas Commission on Fire Protection, the 8-17 emergency equipment and facilities revolving fund loan program; 8-18 (6) from the State Medical Education Board, the state 8-19 medical education board loan program; 8-20 (7) from the Employees Retirement System of Texas, 8-21 Teacher Retirement System of Texas, State Board of Education, The 8-22 University of Texas, and Texas A&M University, the Texas growth 8-23 fund; 8-24 (8) from the governor and General Services Commission, 8-25 product commercialization loans under the oil overcharge program; 8-26 (9) from the Alternative Fuels Council and Texas 8-27 Public Finance Authority, the alternative fuels conversion fund; 9-1 (10) from the Texas Department of Transportation, the 9-2 airport development program; and 9-3 (11) from the Texas Historical Commission, the Texas 9-4 preservation trust fund. 9-5 SECTION 25. TRANSFER OF CERTAIN PROPERTY, RECORDS, 9-6 OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO 9-7 DEVELOPMENT BANK IN 1997. On September 1, 1997, or an earlier date 9-8 provided by an interagency agreement with the affected agency, the 9-9 following functions, programs, and activities are transferred to 9-10 the development bank: 9-11 (1) from the Texas Department of Housing and Community 9-12 Affairs: 9-13 (A) housing rehabilitation loan program; 9-14 (B) housing trust fund; 9-15 (C) single family interim construction program; 9-16 (D) single family mortgage revenue bond 9-17 programs; 9-18 (E) first time home buyer program; 9-19 (F) contract for deed bond program; 9-20 (G) subsidized home purchase loan program; 9-21 (H) down payment assistance program; 9-22 (I) housing construction and acquisition loan 9-23 program; 9-24 (J) home improvement loan program; 9-25 (K) multifamily mortgage revenue bond program; 9-26 (L) risk sharing pilot program; 9-27 (M) home investment partnership program; and 10-1 (N) Texas capital fund; and 10-2 (2) from the Texas Natural Resource Conservation 10-3 Commission, the water quality management planning program. 10-4 SECTION 26. TRANSFER OF CERTAIN PROPERTY, RECORDS, 10-5 OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO 10-6 DEVELOPMENT BANK IN 1998. On September 1, 1998, or an earlier date 10-7 provided by an interagency agreement with the Texas Water 10-8 Development Board, the following functions, programs, and 10-9 activities are transferred to the development bank from the Texas 10-10 Water Development Board: 10-11 (1) water development bond program for water supply; 10-12 (2) water development bond program for water quality; 10-13 (3) water development bond program for flood control; 10-14 (4) colonia plumbing loan program; 10-15 (5) Texas water resources fund; 10-16 (6) revenue bond program; 10-17 (7) state water pollution control revolving fund; 10-18 (8) water loan assistance program; 10-19 (9) bond insurance program; 10-20 (10) Texas Water Resources Finance Authority; 10-21 (11) pilot loan program; and 10-22 (12) agricultural water conservation bond program. 10-23 SECTION 27. TRANSFER OF CERTAIN PROPERTY, RECORDS, 10-24 OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO 10-25 DEVELOPMENT BANK IN 1999. On September 1, 1999, or an earlier date 10-26 provided by an interagency agreement with the affected agencies, 10-27 the following functions, programs, and activities are transferred 11-1 to the development bank: 11-2 (1) from the General Land Office and the Veterans' 11-3 Land Board: 11-4 (A) Texas veterans' land program; 11-5 (B) Texas veterans' housing assistance program; 11-6 and 11-7 (C) Texas veterans' home improvement program; 11-8 (2) from the Texas Higher Education Coordinating 11-9 Board: 11-10 (A) Hinson-Hazelwood college student loan 11-11 program; 11-12 (B) student loan revenue bond program; 11-13 (C) minority doctoral incentive program; 11-14 (D) physician education loan program; 11-15 (E) physical therapist education loan repayment 11-16 assistance program; 11-17 (F) professional nursing student loan repayment 11-18 assistance program; 11-19 (G) vocational nursing student loan repayment 11-20 assistance program; and 11-21 (H) teacher education loan repayment assistance 11-22 program; and 11-23 (3) from institutions of higher education, emergency 11-24 loan programs. 11-25 SECTION 28. AMENDMENT. Section 9B(a), Texas Public Finance 11-26 Authority Act (Article 601d, Vernon's Texas Civil Statutes), is 11-27 amended to read as follows: 12-1 (a) With respect to all bonds authorized to be issued by the 12-2 Texas National Guard Armory Board, Texas National Research 12-3 Laboratory Commission, Parks and Wildlife Department, and all 12-4 institutions of higher education authorized to issue bonds under 12-5 Chapter 55, Education Code, and with respect to all bonds 12-6 authorized to be issued by entities to fund programs administered 12-7 by the Texas Development Bank, the authority has the exclusive 12-8 authority to act on behalf of those entities in issuing bonds on 12-9 their behalf. In connection with those issuances and with the 12-10 issuance of refunding bonds on behalf of those entities, the 12-11 authority is subject to all rights, duties, and conditions 12-12 surrounding issuance previously applicable to the issuing entity 12-13 under the statute authorizing the issuance. All references in an 12-14 authorizing statute to the entity on whose behalf the bonds are 12-15 being issued apply equally to the authority in its capacity as 12-16 issuer on behalf of the entity. 12-17 SECTION 29. LOAN PROGRAM AUDIT. (a) The auditor, in 12-18 conjunction with the comptroller and the Texas Department of 12-19 Banking, shall audit each state agency loan and loan guarantee 12-20 program to determine the: 12-21 (1) cost versus benefit of the program; 12-22 (2) credit quality of loans in the program; 12-23 (3) loan expertise of management in the agency 12-24 administering the program; 12-25 (4) adequacy of program delivery systems; 12-26 (5) privatization of loan systems; 12-27 (6) underwriting standards used for the program; 13-1 (7) geographical distribution of loans in the program; 13-2 (8) degree of participation with financial 13-3 institutions and other lender organizations; 13-4 (9) personnel costs and other administrative costs 13-5 associated with the program; 13-6 (10) demographic distribution of loan recipients; and 13-7 (11) default and past due rates of loans in the 13-8 program. 13-9 (b) The affected agency shall pay the costs of the audit 13-10 required by this section. 13-11 (c) The auditor shall complete the audit not later than 13-12 January 1, 1997. 13-13 SECTION 30. CERTAIN LOAN PROGRAM AUDITS. (a) The auditor, 13-14 in conjunction with the comptroller and the Texas Department of 13-15 Banking, shall audit each state agency loan and loan guarantee 13-16 program to determine the: 13-17 (1) cost versus benefit of the program; 13-18 (2) credit quality of loans in the program; 13-19 (3) loan expertise of management in the agency 13-20 administering the program; 13-21 (4) adequacy of program delivery systems; 13-22 (5) privatization of loan systems; 13-23 (6) underwriting standards used for the program; 13-24 (7) geographical distribution of loans in the program; 13-25 (8) degree of participation with financial 13-26 institutions and other lender organizations; 13-27 (9) personnel costs and other administrative costs 14-1 associated with the program; 14-2 (10) demographic distribution of loan recipients; and 14-3 (11) default and past due rates of loans in the 14-4 program. 14-5 (b) The affected agency shall pay the costs of the audit 14-6 required by this section. 14-7 (c) The auditor shall complete the audit not later than 14-8 January 1, 1997. 14-9 (d) This section applies only to an agency and each of the 14-10 agency's loan and loan guarantee programs that administers one of 14-11 the following listed programs if the listed program is not 14-12 transferred to the development bank by this Act: 14-13 (1) TAFA loan guarantee program; 14-14 (2) linked deposit program; 14-15 (3) microenterprise support program; 14-16 (4) young farmers endowment program; 14-17 (5) farm and ranch finance program; 14-18 (6) outstanding rural scholar recognition and loan 14-19 program; 14-20 (7) community scholarship program; 14-21 (8) rural physician assistant loan program; 14-22 (9) Texas Small Business Development Corporation; 14-23 (10) Texas capital program; 14-24 (11) Texas leverage fund; 14-25 (12) Texas business enhancement fund; 14-26 (13) Texas exporters loan fund; 14-27 (14) U.S. Small Business Administration 7a program; 15-1 (15) U.S. Department of Commerce Exim bank loan 15-2 program; 15-3 (16) U.S. Small Business Administration statewide 504 15-4 program; 15-5 (17) small business incubator fund; 15-6 (18) historically underutilized business and small 15-7 business linked deposit program; 15-8 (19) economically distressed community loan program; 15-9 (20) Texas rural economic development loan guaranty 15-10 program; 15-11 (21) Texas product development fund; 15-12 (22) recycling market development loan program; 15-13 (23) Texas product commercialization fund; 15-14 (24) public school facilities funding program; 15-15 (25) emergency equipment and facilities revolving fund 15-16 loan program; 15-17 (26) state medical education board loan program; 15-18 (27) Texas growth fund; 15-19 (28) product commercialization loans under the oil 15-20 overcharge program; 15-21 (29) alternative fuels conversion fund; 15-22 (30) airport development program; 15-23 (31) Texas preservation trust fund; 15-24 (32) housing rehabilitation loan program; 15-25 (33) housing trust fund; 15-26 (34) single family interim construction program; 15-27 (35) single family mortgage revenue bond programs; 16-1 (36) first time home buyer program; 16-2 (37) contract for deed bond program; 16-3 (38) subsidized home purchase loan program; 16-4 (39) down payment assistance program; 16-5 (40) housing construction and acquisition loan 16-6 program; 16-7 (41) home improvement loan program; 16-8 (42) multifamily mortgage revenue bond program; 16-9 (43) risk sharing pilot program; 16-10 (44) home investment partnership program; 16-11 (45) Texas capital fund; 16-12 (46) water development bond program for water supply; 16-13 (47) water development bond program for water quality; 16-14 (48) water quality management planning program; 16-15 (49) water development bond program for flood control; 16-16 (50) colonia plumbing loan program; 16-17 (51) Texas water resources fund; 16-18 (52) revenue bond program; 16-19 (53) state water pollution control revolving fund; 16-20 (54) water loan assistance program; 16-21 (55) bond insurance program; 16-22 (56) Texas Water Resources Finance Authority; 16-23 (57) pilot loan program; 16-24 (58) agricultural water conservation bond program; 16-25 (59) Texas veterans' land program; 16-26 (60) Texas veterans' housing assistance program; 16-27 (61) Texas veterans' home improvement program; 17-1 (62) Hinson-Hazelwood college student loan program; 17-2 (63) student loan revenue bond program; 17-3 (64) minority doctoral incentive program; 17-4 (65) physician education loan program; 17-5 (66) physical therapist education loan repayment 17-6 assistance program; 17-7 (67) professional nursing student loan repayment 17-8 assistance program; 17-9 (68) vocational nursing student loan repayment 17-10 assistance program; 17-11 (69) teacher education loan repayment assistance 17-12 program; and 17-13 (70) emergency loan programs of institutions of higher 17-14 education. 17-15 SECTION 31. EFFECTIVE DATE. Except as provided by Section 17-16 32 of this Act, this Act takes effect January 1, 1996. 17-17 SECTION 32. CERTAIN SECTIONS CONTINGENT ON ADOPTION OF 17-18 CONSTITUTIONAL AMENDMENT. (a) Sections 1-28 and 30 of this Act 17-19 take effect only if the constitutional amendment proposed by House 17-20 Joint Resolution No. 98 is approved by the voters. If that 17-21 constitutional amendment is not approved by the voters, those 17-22 sections have no effect. 17-23 (b) Section 29 of this Act takes effect only if the 17-24 constitutional amendment proposed by House Joint Resolution No. 98 17-25 is not approved by the voters. If that constitutional amendment is 17-26 approved by the voters that section has no effect. 17-27 SECTION 33. The importance of this legislation and the 18-1 crowded condition of the calendars in both houses create an 18-2 emergency and an imperative public necessity that the 18-3 constitutional rule requiring bills to be read on three several 18-4 days in each house be suspended, and this rule is hereby suspended.