S.B. No. 1260
                                        AN ACT
    1-1  relating to the use of the general obligation bonding authority of
    1-2  the farm and ranch finance program fund for the Texas agricultural
    1-3  fund within the Texas Agricultural Finance Authority.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 58.021, Agriculture Code, is amended by
    1-6  adding Subsection (e) to read as follows:
    1-7        (e)  Notwithstanding any other provision of this section, the
    1-8  authority may also design and implement programs to further rural
    1-9  economic development.
   1-10        SECTION 2.  Subsections (a), (c), and (e), Section 58.031,
   1-11  Agriculture Code, are amended to read as follows:
   1-12        (a)  The board by resolution may periodically provide for the
   1-13  issuance of general obligation bonds as authorized by the Texas
   1-14  Constitution for the establishment of the Texas agricultural fund
   1-15  and the rural microenterprise development fund.
   1-16        (c)  The authority may issue and sell general obligation
   1-17  bonds of the state <not to exceed $25 million outstanding at any
   1-18  one time> for the purpose of providing money to establish a Texas
   1-19  agricultural fund.  The authority may issue the bonds in one or
   1-20  several installments.
   1-21        (e)  The authority may issue and sell general obligation
   1-22  bonds of the state for the purpose of providing money to establish
   1-23  a rural microenterprise development fund <so that the principal
   1-24  amount outstanding shall not exceed $5 million at any one time>.
    2-1  The authority may issue the bonds in one or several installments.
    2-2        SECTION 3.  Subdivision (2), Section 59.001, Agriculture
    2-3  Code, is amended to read as follows:
    2-4              (2)  "Board" means the board of directors of the
    2-5  authority <Veterans Land Board>.
    2-6        SECTION 4.  Subsection (b), Section 59.002, Agriculture Code,
    2-7  is amended to read as follows:
    2-8        (b)  The board shall administer the fund.  <At the request of
    2-9  the authority, the board shall make available to the authority
   2-10  money from the fund to pay debt service on the program's bonds and
   2-11  to provide financial assistance to borrowers to purchase farm or
   2-12  ranch land as provided by this chapter.>
   2-13        SECTION 5.  Section 59.003, Agriculture Code, is amended to
   2-14  read as follows:
   2-15        Sec. 59.003.  Limited Immunity From Suit or Liability.  A
   2-16  <The authority or a> member of the board may be sued and held
   2-17  personally liable for damages that result from an official act or
   2-18  omission only if the act or omission is corrupt or malicious.
   2-19        SECTION 6.  Section 59.011, Agriculture Code, is amended to
   2-20  read as follows:
   2-21        Sec. 59.011.  Bonds.  (a)  The board  <authority> may provide
   2-22  by order or resolution for the issuance and sale of negotiable
   2-23  bonds authorized by Article III, Section 49-f, of the Texas
   2-24  Constitution.  The proceeds from the sale of the bonds constitute
   2-25  the fund.
   2-26        (b)  Subchapter D, Chapter 58, <Agriculture Code,> as it
   2-27  relates to the issuance, sale, and refunding of bonds, applies to
    3-1  the board's <authority's> issuance, sale, and refunding of bonds
    3-2  under this chapter to finance the fund.
    3-3        SECTION 7.  Section 59.012, Agriculture Code, is amended by
    3-4  amending Subsections (a) and (c) and by adding Subsection (d) to
    3-5  read as follows:
    3-6        (a)  Except as provided by Subsections (b), <and> (c), and
    3-7  (d) of this section, proceeds from the sale of the bonds, other
    3-8  than refunding bonds, shall be deposited in the state treasury to
    3-9  the credit of the fund.
   3-10        (c)  The <At the timely request of the authority, the> board
   3-11  may <shall> provide <for transferring> from the proceeds of the
   3-12  sale of bonds or from available money in the fund <directly> an
   3-13  amount that is <certified by the authority as> reasonable and
   3-14  necessary to cover the costs of administering the program.  <That
   3-15  amount shall be deposited in the state treasury to the credit of a
   3-16  special fund to be known as the farm and ranch administrative
   3-17  expense fund.>
   3-18        (d)  The board shall deposit the proceeds from the sale of
   3-19  bonds, as authorized by the Texas Constitution, into the Texas
   3-20  agricultural fund, to be administered as provided by Chapter 58 of
   3-21  this code.
   3-22        SECTION 8.  Section 59.013, Agriculture Code, is amended to
   3-23  read as follows:
   3-24        Sec. 59.013.  Payment of Principal and Interest.  The board
   3-25  <authority> shall arrange for payment of the principal of bonds as
   3-26  they mature and the interest on the bonds as it becomes payable.
   3-27        SECTION 9.  Subsections (a) and (b), Section 59.015,
    4-1  Agriculture Code, are amended to read as follows:
    4-2        (a)  The board <authority> may use money in the fund
    4-3  attributable to the issuance and sale of bonds to pay:
    4-4              (1)  legal fees and fees for financial advice the board
    4-5  <authority> finds necessary for the sale of bonds;
    4-6              (2)  the expense of publishing notice of sale of an
    4-7  installment of bonds;
    4-8              (3)  the expense of printing the bonds;
    4-9              (4)  the expense of issuing the bonds, including the
   4-10  actual costs of travel, lodging, and meals of officers, members, or
   4-11  employees of the board, directors or employees of the authority,
   4-12  the comptroller, the state treasurer, or the attorney general that
   4-13  the board <authority> finds necessary to implement the issuance,
   4-14  rating, or delivery of the bonds;
   4-15              (5)  the cost of manually signing the bonds;
   4-16              (6)  remuneration to any agent employed by the board
   4-17  <authority> to pay the principal of and interest on the bonds;
   4-18              (7)  any amount required to be paid to maintain the
   4-19  federal tax exemption of interest on the bonds; or
   4-20              (8)  any other cost, fee, or expense relating to the
   4-21  issuance of the bonds.
   4-22        (b)  If, during the existence of the fund or during the
   4-23  period any bonds are payable from the fund, the board <authority>
   4-24  determines that there will not be sufficient money in the fund
   4-25  during the following fiscal year to pay the principal of or
   4-26  interest on the bonds that is to come due during the following
   4-27  fiscal year, the comptroller shall transfer to the fund from the
    5-1  first money coming into the state treasury not otherwise
    5-2  appropriated by the constitution an amount sufficient to pay the
    5-3  obligations.
    5-4        SECTION 10.  Section 59.016, Agriculture Code, is amended to
    5-5  read as follows:
    5-6        Sec. 59.016.  Investments.  <(a)>  The board shall invest
    5-7  funds as provided under Section 58.022.  <authority shall give
    5-8  timely instruction to the board of the dates on which principal on
    5-9  bonds matures and interest becomes payable.  The board shall
   5-10  administer the fund accordingly.>
   5-11        <(b)  Except as provided by Subsection (c) of this section,
   5-12  money in the fund that is not immediately committed to paying
   5-13  principal of and interest on the bonds or to paying expenses as
   5-14  provided by Section 59.015 of this code may be invested by the
   5-15  board in:>
   5-16              <(1)  a direct security repurchase agreement or reverse
   5-17  security repurchase agreement made with a state or national bank
   5-18  domiciled in this state or with a primary dealer approved by the
   5-19  federal reserve system;>
   5-20              <(2)  a direct obligation of or obligation the
   5-21  principal and interest of which are guaranteed by the United States
   5-22  government;>
   5-23              <(3)  a direct obligation of or obligation guaranteed
   5-24  by the Federal Home Loan Banks, the Federal National Mortgage
   5-25  Association, the Federal Farm Credit System, the Student Loan
   5-26  Marketing Association, the Federal Home Loan Mortgage Corporation,
   5-27  or a successor to one of those organizations;>
    6-1              <(4)  a bankers' acceptance that:>
    6-2                    <(A)  is eligible for purchase by a member of the
    6-3  federal reserve system;>
    6-4                    <(B)  matures in 270 days or less; and>
    6-5                    <(C)  is issued by a bank that has received the
    6-6  highest short-term credit rating by a nationally recognized
    6-7  investment rating firm;>
    6-8              <(5)  commercial paper that:>
    6-9                    <(A)  matures in 270 days or less; and>
   6-10                    <(B)  has received the highest short-term credit
   6-11  rating by a nationally recognized investment rating firm;>
   6-12              <(6)  a contract that is written by the board in which
   6-13  the board grants the purchaser the right to purchase securities in
   6-14  the board's marketable securities portfolio at a specified price
   6-15  over a specified period and for which the board is paid a fee and
   6-16  that specifically prohibits naked-option or uncovered option
   6-17  trading;>
   6-18              <(7)  an obligation of a state or of an agency, county,
   6-19  city, or other political subdivision of a state or a mutual fund
   6-20  composed of those obligations;>
   6-21              <(8)  an investment instrument, obligation, or other
   6-22  evidence of indebtedness the payment of which is directly or
   6-23  indirectly guaranteed by the full faith and credit of the United
   6-24  States government;>
   6-25              <(9)  an investment, account, depository receipt, or
   6-26  deposit that is fully:>
   6-27                    <(A)  insured by the Federal Deposit Insurance
    7-1  Corporation or a successor to that organization; or>
    7-2                    <(B)  secured by a security described by
    7-3  Subdivision (2), (3), or (8) of this subsection;>
    7-4              <(10)  a collateralized mortgage obligation fully
    7-5  secured by securities or mortgages issued or guaranteed by the
    7-6  Government National Mortgage Association (GNMA) or any entity
    7-7  identified by Subdivision (3) of this subsection;>
    7-8              <(11)  a security or evidence of indebtedness issued by
    7-9  the Farm Credit System Financial Assistance Corporation, the
   7-10  Private Export Funding Corporation, or the Export-Import Bank; and>
   7-11              <(12)  any other investment authorized for investment
   7-12  of state funds by the state treasurer under Section 404.024,
   7-13  Government Code.>
   7-14        <(c)  The board may not invest in or purchase obligations of
   7-15  a private corporation or other private business entity doing
   7-16  business in the Republic of South Africa unless the corporation or
   7-17  other entity:>
   7-18              <(1)  has:>
   7-19                    <(A)  adopted the Statement of Principles for
   7-20  South Africa as they existed in 1987, as described in the >þLReport on
   7-21  the Signatory Companies to the Statement of Principles for South
   7-22  Africaää< published by Arthur D. Little, Inc., Cambridge,
   7-23  Massachusetts, and has obtained a performance rating in Category 1
   7-24  or 2 of the Statement of Principles for South Africa rating system
   7-25  as determined by Arthur D. Little, Inc.; or>
   7-26                    <(B)  agreed to the Code of Conduct that is
   7-27  enforced by the United States Department of State under Section
    8-1  208, Comprehensive Anti-Apartheid Act of 1986 (Pub.  L. No. 99-440)
    8-2  and has received a rating of "Making Satisfactory Progress"; and>
    8-3              <(2)  does not supply strategic products or services
    8-4  for use by the government, military, or police of the Republic of
    8-5  South Africa.>
    8-6        <(d)  In this section:>
    8-7              <(1)  "Direct security repurchase agreement" means an
    8-8  agreement under which the board buys, holds for a specified time,
    8-9  and then sells back any of the following securities, obligations,
   8-10  or participation certificates:>
   8-11                    <(A)  a United States government security;>
   8-12                    <(B)  a direct obligation of or an obligation the
   8-13  principal and interest of which are guaranteed by the United States
   8-14  government;>
   8-15                    <(C)  a direct obligation of or an obligation
   8-16  guaranteed by the Federal Home Loan Banks, the Federal National
   8-17  Mortgage Association, the Federal Farm Credit System, the Student
   8-18  Loan Marketing Association, the Federal Home Loan Mortgage
   8-19  Corporation, or a successor to one of those organizations; or>
   8-20                    <(D)  any other investment instrument,
   8-21  obligation, or other evidence of indebtedness the payment of which
   8-22  is directly or indirectly guaranteed by the full faith and credit
   8-23  of the United States government.>
   8-24              <(2)  "Doing business in the Republic of South Africa"
   8-25  means conducting or performing manufacturing, assembly, or
   8-26  warehousing operations in the Republic of South Africa or, in the
   8-27  case of a bank or other financial institution, lending money to the
    9-1  government of the Republic of South Africa or any of its agencies
    9-2  or instrumentalities.>
    9-3              <(3)  "Market value" means the fair and reasonable
    9-4  prevailing price at which a security is being sold on the open
    9-5  market at the time of the appraisement of the security by the
    9-6  board.>
    9-7              <(4)  "Reverse security repurchase agreement" means an
    9-8  agreement under which the board sells and after a specified time
    9-9  buys back any of the securities, obligations, or participation
   9-10  certificates listed by Subdivision (1) of this subsection.>
   9-11              <(5)  "Strategic products or services" means articles
   9-12  designated as arms, ammunition, or implements of war as provided by
   9-13  22 C.F.R. Part 121 or data processing equipment or computers sold
   9-14  for military or police use or for use in connection with
   9-15  restriction on travel in the Republic of South Africa by residents
   9-16  of that country.>
   9-17        SECTION 11.  Section 59.021, Agriculture Code, is amended by
   9-18  amending Subsections (b), (c), (d), (e), and (h) and by adding
   9-19  Subsection (i) to read as follows:
   9-20        (b)  At the direction of the board <authority>, money
   9-21  received from the state or federal government or from any other
   9-22  person, in addition to proceeds from bonds issued under this
   9-23  chapter, may be deposited to the credit of the fund.
   9-24        (c)  The board <authority> may provide for establishing and
   9-25  maintaining separate accounts in the fund, including program
   9-26  accounts, an interest and sinking account, a reserve account, and
   9-27  any other accounts provided for by resolution of the board
   10-1  <authority>.
   10-2        (d)  Money received as repayment of financial assistance
   10-3  shall be deposited first in the interest and sinking account as
   10-4  provided by resolution of the board <authority> authorizing its
   10-5  bonds until that account is fully funded as provided by resolution
   10-6  of the board <authority>.
   10-7        (e)  The fund and each account in the fund shall be kept and
   10-8  maintained at the direction of the board <authority> and held in
   10-9  trust by the state treasurer for and on behalf of the board
  10-10  <authority> and the owners of the bonds issued under this chapter.
  10-11        (h)  The board <authority> may receive, and shall deposit in
  10-12  the fund, appropriations, grants, donations, earned federal funds,
  10-13  and the proceeds of any investment pools operated by the state
  10-14  treasurer.
  10-15        (i)  The board may use money in the fund to pay the costs and
  10-16  expenses of administering the program.
  10-17        SECTION 12.  Subsections (a) and (c), Section 59.022,
  10-18  Agriculture Code, are amended to read as follows:
  10-19        (a)  The board <authority> shall adopt rules governing
  10-20  application for financial assistance under this chapter.  The board
  10-21  <authority> may adopt rules it considers necessary to administer
  10-22  the program or considers in the best interest of the program.  The
  10-23  board <authority> may adopt rules concerning the sale of land
  10-24  acquired by the board <authority> under this chapter by default,
  10-25  foreclosure, forfeiture, or any other means.  The board <authority>
  10-26  shall adopt collateral or security requirements to ensure the full
  10-27  repayment of financial assistance granted under this chapter.  The
   11-1  board <authority> may approve any extension of financial assistance
   11-2  under this chapter or may delegate that approval authority to the
   11-3  commissioner.
   11-4        (c)  The board <authority> may set and collect fees the board
   11-5  <authority> considers reasonable and necessary to cover the
   11-6  expenses of administering the program or considers in the best
   11-7  interest of the program.  Those fees shall be deposited in the
   11-8  state treasury to the credit of the farm and ranch finance program
   11-9  <administrative expense> fund.  An applicant for financial
  11-10  assistance participating in the program shall pay the costs of
  11-11  applying for, participating in, and administering and servicing the
  11-12  program, in amounts the board <authority> considers reasonable and
  11-13  necessary.  Any cost not paid by an applicant shall be paid from
  11-14  the fund.
  11-15        SECTION 13.  Section 59.023, Agriculture Code, is amended to
  11-16  read as follows:
  11-17        Sec. 59.023.  POWERS OF BOARD <AUTHORITY>.  The board <In
  11-18  addition to the powers granted to the authority under Section
  11-19  58.022 of this code, the authority> has the power necessary to
  11-20  accomplish the purposes and carry out the programs provided by this
  11-21  chapter, including the power:
  11-22              (1)  to adopt and enforce bylaws, rules, and procedures
  11-23  necessary to carry out this chapter;
  11-24              (2)  to establish, charge, and collect a fee, charge,
  11-25  or penalty in connection with a program, service, or activity
  11-26  provided by the board <authority> under this chapter;
  11-27              (3)  to issue bonds, provide for and secure the payment
   12-1  of the bonds, and provide for the rights of the owners of the
   12-2  bonds, in the manner and to the extent permitted by this chapter;
   12-3              (4)  to purchase, hold, cancel, or resell or otherwise
   12-4  dispose of its bonds, subject to any restrictions and any
   12-5  resolution authorizing the issuance of its bonds;
   12-6              (5)  to own, rent, lease, or otherwise acquire, accept,
   12-7  or hold any interest in real, personal, or mixed property, by
   12-8  purchase, exchange, gift, assignment, transfer, foreclosure,
   12-9  mortgage, sale, lease, or otherwise;
  12-10              (6)  to hold, manage, operate, or improve real,
  12-11  personal, or mixed property;
  12-12              (7)  to sell, lease, encumber, mortgage, exchange,
  12-13  donate, convey, or otherwise dispose of any of its property or any
  12-14  interest in its property, deed of trust, or mortgage lien owned by
  12-15  it, under its control or custody, or in its possession and to
  12-16  release or relinquish any right, title, claim, lien, interest,
  12-17  easement, or demand, including any equity or right of redemption in
  12-18  property foreclosed by it, by public or private sale, with or
  12-19  without public bidding;
  12-20              (8)  to lease or rent any improvement, land, or
  12-21  facility from any person;
  12-22              (9)  to make a secured or unsecured loan to provide
  12-23  financial assistance as provided by this chapter, including the
  12-24  refunding of an outstanding obligation, mortgage, or advance used
  12-25  for those purposes, and to charge and collect interest on those
  12-26  loans for loan payments and on terms and conditions the board
  12-27  <authority> considers advisable that are not in conflict with this
   13-1  chapter;
   13-2              (10)  to purchase or acquire, sell, discount, assign,
   13-3  negotiate, or otherwise dispose of notes or other evidence of
   13-4  indebtedness of eligible applicants as the board determines or
   13-5  portions or portfolios of or participations in those evidences of
   13-6  indebtedness; and
   13-7              (11)  to sell and guarantee securities, whether taxable
   13-8  or tax exempt under federal law, in primary and secondary markets.
   13-9        SECTION 14.  Subsections (b) and (c), Section 59.025,
  13-10  Agriculture Code, are amended to read as follows:
  13-11        (b)  The board <authority> shall provide by rule for the
  13-12  period during which and the manner in which the down payment
  13-13  provided for under Subsection (a) of this section shall be paid to
  13-14  the board <authority>.
  13-15        (c)  If the sale is not consummated, the board <authority>
  13-16  shall refund the down payment to the borrower.
  13-17        SECTION 15.  Section 59.026, Agriculture Code, is amended to
  13-18  read as follows:
  13-19        Sec. 59.026.  Transfer of Borrower's Interest.  (a)  The
  13-20  contract for a loan under this chapter must provide that transfer
  13-21  of ownership of the land without the board's <authority's> express
  13-22  written permission before the entire principal and interest due
  13-23  have been paid constitutes default under the contract.
  13-24        (b)  If the borrower dies or becomes financially
  13-25  incapacitated or if the borrower's interest in land is
  13-26  involuntarily transferred by court order or other proceedings,
  13-27  including bankruptcy, sheriff or trustee sale, or divorce, the land
   14-1  may be conveyed by the borrower or the borrower's heirs,
   14-2  administrators, executors, or successors in interest by complying
   14-3  with the rules adopted by the board <authority> and obtaining the
   14-4  board's <authority's> written permission.
   14-5        SECTION 16.  Section 59.027, Agriculture Code, is amended to
   14-6  read as follows:
   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 board <authority> an application for approval of the
  14-11  change of use.
  14-12        (b)  As soon as practicable after an application for a change
  14-13  of use is received, the board <authority> shall approve or deny the
  14-14  application and shall notify the borrower of the board's
  14-15  <authority's> 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 board <authority> constitutes default
  14-19  under the contract.
  14-20        SECTION 17.  Section 59.028, Agriculture Code, is amended to
  14-21  read as follows:
  14-22        Sec. 59.028.  Appraisal.  (a)  Before the board <authority>
  14-23  may loan money for the purchase of land under this chapter, the
  14-24  board <authority> must have an appraisal of the property made to
  14-25  determine its value.
  14-26        (b)  An appraiser representing the board <authority> must be
  14-27  qualified to give competent appraisals of land.  The board
   15-1  <authority> may  <contract with the board to> use appraisers
   15-2  employed by the board.
   15-3        SECTION 18.  Section 59.029, Agriculture Code, is amended to
   15-4  read as follows:
   15-5        Sec. 59.029.  PAYMENTS TO BOARD <AUTHORITY> UNDER CERTAIN
   15-6  LEASES.  If, during a period a person is indebted to the board
   15-7  <authority> for land purchased with financial assistance under this
   15-8  chapter, the person executes or there exists a lease or contract of
   15-9  sale of oil, gas, or other minerals, chemicals, hard metals,
  15-10  timber, sand, gravel, or other material that covers the land
  15-11  purchased from the board <authority> that would result in the
  15-12  depletion of the corpus of the land, not less than one-half of all
  15-13  bonus money, delay rentals, or royalties received as consideration
  15-14  for or payment under the oil, gas, or mineral lease and not less
  15-15  than one-half of all money received under a lease or contract of
  15-16  sale of other minerals, chemicals, hard metals, timber, sand,
  15-17  gravel, or other material shall be paid to the board <authority> by
  15-18  the lessee under the lease or the buyer under the contract of sale.
  15-19  The board <authority> shall apply those payments to the
  15-20  satisfaction of the indebtedness.
  15-21        SECTION 19.  Section 59.031, Agriculture Code, is amended to
  15-22  read as follows:
  15-23        Sec. 59.031.  Death of a Borrower.  (a)  If a borrower
  15-24  receiving financial assistance under this chapter dies while
  15-25  indebted to the state under a contract, the borrower's rights under
  15-26  this chapter and the contract devolve on the borrower's heirs,
  15-27  devisees, or personal representatives under the laws of this state,
   16-1  subject to all rights, claims, and charges of the board
   16-2  <authority>.
   16-3        (b)  Default by an heir, devisee, or personal representative
   16-4  with respect to a right, claim, or charge of the board <authority>
   16-5  has the same effect as default by the borrower before the
   16-6  borrower's death.
   16-7        SECTION 20.  Section 59.032, Agriculture Code, is amended to
   16-8  read as follows:
   16-9        Sec. 59.032.  Unencumbered Title.  The board <authority> may
  16-10  establish a procedure by which a borrower acquiring land with a
  16-11  loan under this chapter may obtain title to a portion of the tract
  16-12  clear of encumbrances.
  16-13        SECTION 21.  This Act takes effect January 1, 1996, but only
  16-14  if the constitutional amendment proposed by the 74th Legislature,
  16-15  Regular Session, 1995, relating to the use of proceeds of bonds
  16-16  issued for financing of farm and ranch land is approved by the
  16-17  voters.  If that amendment is not approved by the voters, this Act
  16-18  has no effect.
  16-19        SECTION 22.  The importance of this legislation and the
  16-20  crowded condition of the calendars in both houses create an
  16-21  emergency and an imperative public necessity that the
  16-22  constitutional rule requiring bills to be read on three several
  16-23  days in each house be suspended, and this rule is hereby suspended.