74R13611 MWV-F
          By Montford                                           S.B. No. 1260
          Substitute the following for S.B. No. 1260:
          By Marchant                                       C.S.S.B. No. 1260
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of the general obligation bonding authority of
    1-3  the farm and ranch finance program fund for the Texas agricultural
    1-4  fund within the Texas Agricultural Finance Authority.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 58.021, Agriculture Code, is amended by
    1-7  adding Subsection (e) to read as follows:
    1-8        (e)  Notwithstanding any other provision of this section, the
    1-9  authority may also design and implement programs to further rural
   1-10  economic development.
   1-11        SECTION 2.  Sections 58.031(a), (c), and (e), Agriculture
   1-12  Code, are amended to read as follows:
   1-13        (a)  The board by resolution may periodically provide for the
   1-14  issuance of general obligation bonds as authorized by the Texas
   1-15  Constitution for the establishment of the Texas agricultural fund
   1-16  and the rural microenterprise fund.
   1-17        (c)  The authority may issue and sell general obligation
   1-18  bonds of the state <not to exceed $25 million outstanding at any
   1-19  one time> for the purpose of providing money to establish a Texas
   1-20  agricultural fund.  The authority may issue the bonds in one or
   1-21  several installments.
   1-22        (e)  The authority may issue and sell general obligation
   1-23  bonds of the state for the purpose of providing money to establish
   1-24  a rural microenterprise development fund <so that the principal
    2-1  amount outstanding shall not exceed $5 million at any one time>.
    2-2  The authority may issue the bonds in one or several installments.
    2-3        SECTION 3.  Section 59.001(2), Agriculture Code, is amended
    2-4  to read as follows:
    2-5              (2)  "Board" means the board of directors of the
    2-6  authority <Veterans Land Board>.
    2-7        SECTION 4.  Section 59.002(b), Agriculture Code, is amended
    2-8  to read as follows:
    2-9        (b)  The board shall administer the fund.  <At the request of
   2-10  the authority, the board shall make available to the authority
   2-11  money from the fund to pay debt service on the program's bonds and
   2-12  to provide financial assistance to borrowers to purchase farm or
   2-13  ranch land as provided by this chapter.>
   2-14        SECTION 5.  Section 59.003, Agriculture Code, is amended to
   2-15  read as follows:
   2-16        Sec. 59.003.  Limited Immunity From Suit or Liability.  A
   2-17  <The authority or a> member of the board may be sued and held
   2-18  personally liable for damages that result from an official act or
   2-19  omission only if the act or omission is corrupt or malicious.
   2-20        SECTION 6.  Section 59.011, Agriculture Code, is amended to
   2-21  read as follows:
   2-22        Sec. 59.011.  Bonds.  (a)  The board  <authority> may provide
   2-23  by order or resolution for the issuance and sale of negotiable
   2-24  bonds authorized by Article III, Section 49-f, of the Texas
   2-25  Constitution.  The proceeds from the sale of the bonds constitute
   2-26  the fund.
   2-27        (b)  Subchapter D, Chapter 58, <Agriculture Code,> as it
    3-1  relates to the issuance, sale, and refunding of bonds, applies to
    3-2  the board's <authority's> issuance, sale, and refunding of bonds
    3-3  under this chapter to finance the fund.
    3-4        SECTION 7.  Section 59.012, Agriculture Code, is amended by
    3-5  amending Subsections (a) and (c) and adding Subsection (d) to read
    3-6  as follows:
    3-7        (a)  Except as provided by Subsections (b), <and> (c), and
    3-8  (d) of this section, proceeds from the sale of the bonds, other
    3-9  than refunding bonds, shall be deposited in the state treasury to
   3-10  the credit of the fund.
   3-11        (c)  The <At the timely request of the authority, the> board
   3-12  may <shall> provide <for transferring> from the proceeds of the
   3-13  sale of bonds or from available money in the fund <directly> an
   3-14  amount that is <certified by the authority as> reasonable and
   3-15  necessary to cover the costs of administering the program.  <That
   3-16  amount shall be deposited in the state treasury to the credit of a
   3-17  special fund to be known as the farm and ranch administrative
   3-18  expense fund.>
   3-19        (d)  The board shall deposit the proceeds from the sale of
   3-20  bonds, as authorized by the Texas Constitution, into the Texas
   3-21  agricultural fund, to be administered as provided by Chapter 58 of
   3-22  this code.
   3-23        SECTION 8.  Section 59.013, Agriculture Code, is amended to
   3-24  read as follows:
   3-25        Sec. 59.013.  Payment of Principal and Interest.  The board
   3-26  <authority> shall arrange for payment of the principal of bonds as
   3-27  they mature and the interest on the bonds as it becomes payable.
    4-1        SECTION 9.  Sections 59.015(a) and (b), Agriculture Code, are
    4-2  amended to read as follows:
    4-3        (a)  The board <authority> may use money in the fund
    4-4  attributable to the issuance and sale of bonds to pay:
    4-5              (1)  legal fees and fees for financial advice the board
    4-6  <authority> finds necessary for the sale of bonds;
    4-7              (2)  the expense of publishing notice of sale of an
    4-8  installment of bonds;
    4-9              (3)  the expense of printing the bonds;
   4-10              (4)  the expense of issuing the bonds, including the
   4-11  actual costs of travel, lodging, and meals of officers, members, or
   4-12  employees of the board, directors or employees of the authority,
   4-13  the comptroller, the state treasurer, or the attorney general that
   4-14  the board <authority> finds necessary to implement the issuance,
   4-15  rating, or delivery of the bonds;
   4-16              (5)  the cost of manually signing the bonds;
   4-17              (6)  remuneration to any agent employed by the board
   4-18  <authority> to pay the principal of and interest on the bonds;
   4-19              (7)  any amount required to be paid to maintain the
   4-20  federal tax exemption of interest on the bonds; or
   4-21              (8)  any other cost, fee, or expense relating to the
   4-22  issuance of the bonds.
   4-23        (b)  If, during the existence of the fund or during the
   4-24  period any bonds are payable from the fund, the board <authority>
   4-25  determines that there will not be sufficient money in the fund
   4-26  during the following fiscal year to pay the principal of or
   4-27  interest on the bonds that is to come due during the following
    5-1  fiscal year, the comptroller shall transfer to the fund from the
    5-2  first money coming into the state treasury not otherwise
    5-3  appropriated by the constitution an amount sufficient to pay the
    5-4  obligations.
    5-5        SECTION 10.  Section 59.016, Agriculture Code, is amended to
    5-6  read as follows:
    5-7        Sec. 59.016.  Investments.  <(a)>  The board shall invest
    5-8  funds as provided under Section 58.022.  <authority shall give
    5-9  timely instruction to the board of the dates on which principal on
   5-10  bonds matures and interest becomes payable.  The board shall
   5-11  administer the fund accordingly.>
   5-12        <(b)  Except as provided by Subsection (c) of this section,
   5-13  money in the fund that is not immediately committed to paying
   5-14  principal of and interest on the bonds or to paying expenses as
   5-15  provided by Section 59.015 of this code may be invested by the
   5-16  board in:>
   5-17              <(1)  a direct security repurchase agreement or reverse
   5-18  security repurchase agreement made with a state or national bank
   5-19  domiciled in this state or with a primary dealer approved by the
   5-20  federal reserve system;>
   5-21              <(2)  a direct obligation of or obligation the
   5-22  principal and interest of which are guaranteed by the United States
   5-23  government;>
   5-24              <(3)  a direct obligation of or obligation guaranteed
   5-25  by the Federal Home Loan Banks, the Federal National Mortgage
   5-26  Association, the Federal Farm Credit System, the Student Loan
   5-27  Marketing Association, the Federal Home Loan Mortgage Corporation,
    6-1  or a successor to one of those organizations;>
    6-2              <(4)  a bankers' acceptance that:>
    6-3                    <(A)  is eligible for purchase by a member of the
    6-4  federal reserve system;>
    6-5                    <(B)  matures in 270 days or less; and>
    6-6                    <(C)  is issued by a bank that has received the
    6-7  highest short-term credit rating by a nationally recognized
    6-8  investment rating firm;>
    6-9              <(5)  commercial paper that:>
   6-10                    <(A)  matures in 270 days or less; and>
   6-11                    <(B)  has received the highest short-term credit
   6-12  rating by a nationally recognized investment rating firm;>
   6-13              <(6)  a contract that is written by the board in which
   6-14  the board grants the purchaser the right to purchase securities in
   6-15  the board's marketable securities portfolio at a specified price
   6-16  over a specified period and for which the board is paid a fee and
   6-17  that specifically prohibits naked-option or uncovered option
   6-18  trading;>
   6-19              <(7)  an obligation of a state or of an agency, county,
   6-20  city, or other political subdivision of a state or a mutual fund
   6-21  composed of those obligations;>
   6-22              <(8)  an investment instrument, obligation, or other
   6-23  evidence of indebtedness the payment of which is directly or
   6-24  indirectly guaranteed by the full faith and credit of the United
   6-25  States government;>
   6-26              <(9)  an investment, account, depository receipt, or
   6-27  deposit that is fully:>
    7-1                    <(A)  insured by the Federal Deposit Insurance
    7-2  Corporation or a successor to that organization; or>
    7-3                    <(B)  secured by a security described by
    7-4  Subdivision (2), (3), or (8) of this subsection;>
    7-5              <(10)  a collateralized mortgage obligation fully
    7-6  secured by securities or mortgages issued or guaranteed by the
    7-7  Government National Mortgage Association (GNMA) or any entity
    7-8  identified by Subdivision (3) of this subsection;>
    7-9              <(11)  a security or evidence of indebtedness issued by
   7-10  the Farm Credit System Financial Assistance Corporation, the
   7-11  Private Export Funding Corporation, or the Export-Import Bank; and>
   7-12              <(12)  any other investment authorized for investment
   7-13  of state funds by the state treasurer under Section 404.024,
   7-14  Government Code.>
   7-15        <(c)  The board may not invest in or purchase obligations of
   7-16  a private corporation or other private business entity doing
   7-17  business in the Republic of South Africa unless the corporation or
   7-18  other entity:>
   7-19              <(1)  has:>
   7-20                    <(A)  adopted the Statement of Principles for
   7-21  South Africa as they existed in 1987, as described in the >þLReport on
   7-22  the Signatory Companies to the Statement of Principles for South
   7-23  Africaää< published by Arthur D. Little, Inc., Cambridge,
   7-24  Massachusetts, and has obtained a performance rating in Category 1
   7-25  or 2 of the Statement of Principles for South Africa rating system
   7-26  as determined by Arthur D. Little, Inc.; or>
   7-27                    <(B)  agreed to the Code of Conduct that is
    8-1  enforced by the United States Department of State under Section
    8-2  208, Comprehensive Anti-Apartheid Act of 1986 (Pub.  L. No. 99-440)
    8-3  and has received a rating of "Making Satisfactory Progress"; and>
    8-4              <(2)  does not supply strategic products or services
    8-5  for use by the government, military, or police of the Republic of
    8-6  South Africa.>
    8-7        <(d)  In this section:>
    8-8              <(1)  "Direct security repurchase agreement" means an
    8-9  agreement under which the board buys, holds for a specified time,
   8-10  and then sells back any of the following securities, obligations,
   8-11  or participation certificates:>
   8-12                    <(A)  a United States government security;>
   8-13                    <(B)  a direct obligation of or an obligation the
   8-14  principal and interest of which are guaranteed by the United States
   8-15  government;>
   8-16                    <(C)  a direct obligation of or an obligation
   8-17  guaranteed by the Federal Home Loan Banks, the Federal National
   8-18  Mortgage Association, the Federal Farm Credit System, the Student
   8-19  Loan Marketing Association, the Federal Home Loan Mortgage
   8-20  Corporation, or a successor to one of those organizations; or>
   8-21                    <(D)  any other investment instrument,
   8-22  obligation, or other evidence of indebtedness the payment of which
   8-23  is directly or indirectly guaranteed by the full faith and credit
   8-24  of the United States government.>
   8-25              <(2)  "Doing business in the Republic of South Africa"
   8-26  means conducting or performing manufacturing, assembly, or
   8-27  warehousing operations in the Republic of South Africa or, in the
    9-1  case of a bank or other financial institution, lending money to the
    9-2  government of the Republic of South Africa or any of its agencies
    9-3  or instrumentalities.>
    9-4              <(3)  "Market value" means the fair and reasonable
    9-5  prevailing price at which a security is being sold on the open
    9-6  market at the time of the appraisement of the security by the
    9-7  board.>
    9-8              <(4)  "Reverse security repurchase agreement" means an
    9-9  agreement under which the board sells and after a specified time
   9-10  buys back any of the securities, obligations, or participation
   9-11  certificates listed by Subdivision (1) of this subsection.>
   9-12              <(5)  "Strategic products or services" means articles
   9-13  designated as arms, ammunition, or implements of war as provided by
   9-14  22 C.F.R. Part 121 or data processing equipment or computers sold
   9-15  for military or police use or for use in connection with
   9-16  restriction on travel in the Republic of South Africa by residents
   9-17  of that country.>
   9-18        SECTION 11.  Section 59.021, Agriculture Code, is amended by
   9-19  amending Subsections (b), (c), (d), (e), and (h) and by adding
   9-20  Subsection (i) to read as follows:
   9-21        (b)  At the direction of the board <authority>, money
   9-22  received from the state or federal government or from any other
   9-23  person, in addition to proceeds from bonds issued under this
   9-24  chapter, may be deposited to the credit of the fund.
   9-25        (c)  The board <authority> may provide for establishing and
   9-26  maintaining separate accounts in the fund, including program
   9-27  accounts, an interest and sinking account, a reserve account, and
   10-1  any other accounts provided for by resolution of the board
   10-2  <authority>.
   10-3        (d)  Money received as repayment of financial assistance
   10-4  shall be deposited first in the interest and sinking account as
   10-5  provided by resolution of the board <authority> authorizing its
   10-6  bonds until that account is fully funded as provided by resolution
   10-7  of the board <authority>.
   10-8        (e)  The fund and each account in the fund shall be kept and
   10-9  maintained at the direction of the board <authority> and held in
  10-10  trust by the state treasurer for and on behalf of the board
  10-11  <authority> and the owners of the bonds issued under this chapter.
  10-12        (h)  The board <authority> may receive, and shall deposit in
  10-13  the fund, appropriations, grants, donations, earned federal funds,
  10-14  and the proceeds of any investment pools operated by the state
  10-15  treasurer.
  10-16        (i)  The board may use money in the fund to pay the costs and
  10-17  expenses of administering the program.
  10-18        SECTION 12.  Sections 59.022(a) and (c), Agriculture Code,
  10-19  are amended to read as follows:
  10-20        (a)  The board <authority> shall adopt rules governing
  10-21  application for financial assistance under this chapter.  The board
  10-22  <authority> may adopt rules it considers necessary to administer
  10-23  the program or considers in the best interest of the program.  The
  10-24  board <authority> may adopt rules concerning the sale of land
  10-25  acquired by the board <authority> under this chapter by default,
  10-26  foreclosure, forfeiture, or any other means.  The board <authority>
  10-27  shall adopt collateral or security requirements to ensure the full
   11-1  repayment of financial assistance granted under this chapter.  The
   11-2  board <authority> may approve any extension of financial assistance
   11-3  under this chapter or may delegate that approval authority to the
   11-4  commissioner.
   11-5        (c)  The board <authority> may set and collect fees the board
   11-6  <authority> considers reasonable and necessary to cover the
   11-7  expenses of administering the program or considers in the best
   11-8  interest of the program.  Those fees shall be deposited in the
   11-9  state treasury to the credit of the farm and ranch finance program
  11-10  <administrative expense> fund.  An applicant for financial
  11-11  assistance participating in the program shall pay the costs of
  11-12  applying for, participating in, and administering and servicing the
  11-13  program, in amounts the board <authority> considers reasonable and
  11-14  necessary.  Any cost not paid by an applicant shall be paid from
  11-15  the fund.
  11-16        SECTION 13.  Section 59.023, Agriculture Code, is amended to
  11-17  read as follows:
  11-18        Sec. 59.023.  POWERS OF BOARD <AUTHORITY>.  The board <In
  11-19  addition to the powers granted to the authority under Section
  11-20  58.022 of this code, the authority> has the power necessary to
  11-21  accomplish the purposes and carry out the programs provided by this
  11-22  chapter, including the power:
  11-23              (1)  to adopt and enforce bylaws, rules, and procedures
  11-24  necessary to carry out this chapter;
  11-25              (2)  to establish, charge, and collect a fee, charge,
  11-26  or penalty in connection with a program, service, or activity
  11-27  provided by the board <authority> under this chapter;
   12-1              (3)  to issue bonds, provide for and secure the payment
   12-2  of the bonds, and provide for the rights of the owners of the
   12-3  bonds, in the manner and to the extent permitted by this chapter;
   12-4              (4)  to purchase, hold, cancel, or resell or otherwise
   12-5  dispose of its bonds, subject to any restrictions and any
   12-6  resolution authorizing the issuance of its bonds;
   12-7              (5)  to own, rent, lease, or otherwise acquire, accept,
   12-8  or hold any interest in real, personal, or mixed property, by
   12-9  purchase, exchange, gift, assignment, transfer, foreclosure,
  12-10  mortgage, sale, lease, or otherwise;
  12-11              (6)  to hold, manage, operate, or improve real,
  12-12  personal, or mixed property;
  12-13              (7)  to sell, lease, encumber, mortgage, exchange,
  12-14  donate, convey, or otherwise dispose of any of its property or any
  12-15  interest in its property, deed of trust, or mortgage lien owned by
  12-16  it, under its control or custody, or in its possession and to
  12-17  release or relinquish any right, title, claim, lien, interest,
  12-18  easement, or demand, including any equity or right of redemption in
  12-19  property foreclosed by it, by public or private sale, with or
  12-20  without public bidding;
  12-21              (8)  to lease or rent any improvement, land, or
  12-22  facility from any person;
  12-23              (9)  to make a secured or unsecured loan to provide
  12-24  financial assistance as provided by this chapter, including the
  12-25  refunding of an outstanding obligation, mortgage, or advance used
  12-26  for those purposes, and to charge and collect interest on those
  12-27  loans for loan payments and on terms and conditions the board
   13-1  <authority> considers advisable that are not in conflict with this
   13-2  chapter;
   13-3              (10)  to purchase or acquire, sell, discount, assign,
   13-4  negotiate, or otherwise dispose of notes or other evidence of
   13-5  indebtedness of eligible applicants as the board determines or
   13-6  portions or portfolios of or participations in those evidences of
   13-7  indebtedness; and
   13-8              (11)  to sell and guarantee securities, whether taxable
   13-9  or tax exempt under federal law, in primary and secondary markets.
  13-10        SECTION 14.  Sections 59.025(b) and (c), Agriculture Code,
  13-11  are amended to read as follows:
  13-12        (b)  The board <authority> shall provide by rule for the
  13-13  period during which and the manner in which the down payment
  13-14  provided for under Subsection (a) of this section shall be paid to
  13-15  the board <authority>.
  13-16        (c)  If the sale is not consummated, the board <authority>
  13-17  shall refund the down payment to the borrower.
  13-18        SECTION 15.  Section 59.026, Agriculture Code, is amended to
  13-19  read as follows:
  13-20        Sec. 59.026.  Transfer of Borrower's Interest.  (a)  The
  13-21  contract for a loan under this chapter must provide that transfer
  13-22  of ownership of the land without the board's <authority's> express
  13-23  written permission before the entire principal and interest due
  13-24  have been paid constitutes default under the contract.
  13-25        (b)  If the borrower dies or becomes financially
  13-26  incapacitated or if the borrower's interest in land is
  13-27  involuntarily transferred by court order or other proceedings,
   14-1  including bankruptcy, sheriff or trustee sale, or divorce, the land
   14-2  may be conveyed by the borrower or the borrower's heirs,
   14-3  administrators, executors, or successors in interest by complying
   14-4  with the rules adopted by the board <authority> and obtaining the
   14-5  board's <authority's> written permission.
   14-6        SECTION 16.  Section 59.027, Agriculture Code, is amended to
   14-7  read as follows:
   14-8        Sec. 59.027.  Changes in use.  (a)  Before a borrower may use
   14-9  land acquired with financial assistance under this chapter for a
  14-10  primary purpose other than farming or ranching, the borrower must
  14-11  submit to the board <authority> an application for approval of the
  14-12  change of use.
  14-13        (b)  As soon as practicable after an application for a change
  14-14  of use is received, the board <authority> shall approve or deny the
  14-15  application and shall notify the borrower of the board's
  14-16  <authority's> decision.
  14-17        (c)  The loan contract must provide that using land acquired
  14-18  under this chapter for a purpose other than farming or ranching
  14-19  without the approval of the board <authority> constitutes default
  14-20  under the contract.
  14-21        SECTION 17.  Section 59.028, Agriculture Code, is amended to
  14-22  read as follows:
  14-23        Sec. 59.028.  Appraisal.  (a)  Before the board <authority>
  14-24  may loan money for the purchase of land under this chapter, the
  14-25  board <authority> must have an appraisal of the property made to
  14-26  determine its value.
  14-27        (b)  An appraiser representing the board <authority> must be
   15-1  qualified to give competent appraisals of land.  The board
   15-2  <authority> may  <contract with the board to> use appraisers
   15-3  employed by the board.
   15-4        SECTION 18.  Section 59.029, Agriculture Code, is amended to
   15-5  read as follows:
   15-6        Sec. 59.029.  PAYMENTS TO BOARD <AUTHORITY> UNDER CERTAIN
   15-7  LEASES.  If, during a period a person is indebted to the board
   15-8  <authority> for land purchased with financial assistance under this
   15-9  chapter, the person executes or there exists a lease or contract of
  15-10  sale of oil, gas, or other minerals, chemicals, hard metals,
  15-11  timber, sand, gravel, or other material that covers the land
  15-12  purchased from the board <authority> that would result in the
  15-13  depletion of the corpus of the land, not less than one-half of all
  15-14  bonus money, delay rentals, or royalties received as consideration
  15-15  for or payment under the oil, gas, or mineral lease and not less
  15-16  than one-half of all money received under a lease or contract of
  15-17  sale of other minerals, chemicals, hard metals, timber, sand,
  15-18  gravel, or other material shall be paid to the board <authority> by
  15-19  the lessee under the lease or the buyer under the contract of sale.
  15-20  The board <authority> shall apply those payments to the
  15-21  satisfaction of the indebtedness.
  15-22        SECTION 19.  Section 59.031, Agriculture Code, is amended to
  15-23  read as follows:
  15-24        Sec. 59.031.  Death of a Borrower.  (a)  If a borrower
  15-25  receiving financial assistance under this chapter dies while
  15-26  indebted to the state under a contract, the borrower's rights under
  15-27  this chapter and the contract devolve on the borrower's heirs,
   16-1  devisees, or personal representatives under the laws of this state,
   16-2  subject to all rights, claims, and charges of the board
   16-3  <authority>.
   16-4        (b)  Default by an heir, devisee, or personal representative
   16-5  with respect to a right, claim, or charge of the board <authority>
   16-6  has the same effect as default by the borrower before the
   16-7  borrower's death.
   16-8        SECTION 20.  Section 59.032, Agriculture Code, is amended to
   16-9  read as follows:
  16-10        Sec. 59.032.  Unencumbered Title.  The board <authority> may
  16-11  establish a procedure by which a borrower acquiring land with a
  16-12  loan under this chapter may obtain title to a portion of the tract
  16-13  clear of encumbrances.
  16-14        SECTION 21.  This Act takes effect January 1, 1996, but only
  16-15  if the constitutional amendment proposed by the 74th Legislature,
  16-16  Regular Session, 1995, relating to the use of proceeds of bonds
  16-17  issued for financing of farm and ranch land is approved by the
  16-18  voters.  If that amendment is not approved by the voters, this Act
  16-19  has no effect.
  16-20        SECTION 22.  The importance of this legislation and the
  16-21  crowded condition of the calendars in both houses create an
  16-22  emergency and an imperative public necessity that the
  16-23  constitutional rule requiring bills to be read on three several
  16-24  days in each house be suspended, and this rule is hereby suspended.