GEC H.B. 3203 75(R)BILL ANALYSIS


BUSINESS & INDUSTRY
H.B. 3203
By: Counts
4-3-97
Committee Report (Amended)



BACKGROUND 

Under current law, agricultural cooperatives and electric cooperatives
must report and deliver all fUnds unclaimed or abandoned by their members
to the comptroller. The sources of the unclaimed or abandoned funds are
primarily capital credits (money that members are entitled to receive back
from their cooperative) and customer deposits; they become unclaimed when
the cooperative members can no longer be found because they have moved
away or passed away. 

Since the funds were generated in their local communities in the first
place, members of the cooperatives believe that retaining the money for
use in local communities is a better use of the money than sending it to
Austin. This bill closely mirrors legislation passed by the 74th
Legislature for nonprofit telephone cooperatives. 

PURPOSE

This bill would give nonprofit agricultural and electric cooperatives the
option of retaining unclaimed funds for local scholarships or to stimulate
rural economic development. 


RULEMAKING AUTHORITY

Rulemaking authority is granted to the comptroller in Section 1 (Section
74.3013(e) and (f), Property Code). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 74, Property Code, by adding new
Section 74.3013 establishing the guidelines for delivery of the money to a
rural scholarship fund or a rural economic development fund. Authorizes a
nonprofit cooperative corporation to deliver reported money to a
scholarship fund for rural students or to stimulate economic development
instead of delivering the money to the comptroller as prescribed in
Section 74.301. 

Authorizes delivery of money only to a scholarship fund established by one
or more nonprofit cooperative corporations in Texas to enable students
from rural areas to attend college, technical school, or other
postsecondary educational institution and to an economic development fund
for the stimulation and improvement of business and commercial activity
for economic development in rural communities. 

Requires that a nonprofit cooperative corporation file with the
comptroller a verification of money delivered that complies with Section
74.302. 

Requires that a claim for money delivered under this section be filed with
the nonprofit cooperative corporation that delivered the money. Requires
that the nonprofit cooperative corporation forward the claim to the
administrator of the fund to which the money was delivered. Requires that
the fund pay the claim if the fund determines in good faith that the claim
is valid. Authorizes a person aggrieved by a claim decision to file suit
against the fund in a district court in the county in which the
administrator is located in accordance with Section 74.506. 

Authorizes the comptroller to prescribe forms and procedures relating to
notice of presumed abandoned property, delivery of reported money to a
scholarship or economic development fund, filing of a claim, and
procedures to allow equitable opportunity for participation by each
nonprofit cooperative corporation in the state. 

Caps the total amount of money that may be transferred by all nonprofit
cooperative corporations at $1 million. No more than 20 percent of each
nonprofit cooperative corporation's funds eligible for delivery under this
section shall be used for economic development. The comptroller is
authorized to adopt procedures to record the total amount of money
transferred annually to allow equitable opportunity for  participation
with preference given to corporations already providing similar
scholarship opportunities in other states. 

Nonprofit cooperative corporations are authorized to combine economic
development funds from other sources with any economic development funds
delivered under this section. Authorizes cooperatives to engage in other
business and commercial activities, in their own behalf or through such
subsidiaries and affiliates as deemed necessary, in order to provide and
promote educational opportunities and to stimulate rural economic
development. 

Eligible nonprofit cooperative corporations include those organized under
Chapters 51 and 52, Agriculture Code, the Texas Non-Profit Corporation Act
(Article 1396-1.01 ct seq., Vernon's Texas Civil Statutes), the
Cooperative Association Act (Article 139650.01, Vernon's Texas Civil
Statutes), and the Electric Cooperative Corporation Act (Article 1528b,
Vernon's Texas Civil Statutes). 

SECTION 2. Amends Subsection (a), Section 51.004, Agriculture Code, to
authorize delivery of money to a scholarship fund for rural students. 

SECTION 3. Amends Section 52.013, Agriculture Code, to authorize delivery
of money to a scholarship fund for rural students. 

SECTION 4. Amends Section 4, Electric Cooperative Corporation Act (Article
1528b, Vernon's Texas Civil Statutes), to authorize delivery of money to a
scholarship fund for rural students. 

SECTION 5. Amends Section A, Article 2.02, Texas Non-Profit Corporation
Act (Article 1396-2.02, Vernon's Texas Civil Statutes), to authorize
delivery of money to a scholarship fund for rural students. 

SECTION 6. Amends Section 6, Cooperative Association Act (Article
1396-50.01, Vernon's Texas Civil Statutes), to authorize delivery of money
to a scholarship fund for rural students. 

SECTION 7. Effective Date.

SECTION 8. Emergency Clause.


EXPLANATION OF AMENDMENTS

Committee Amendment #1 amends H.B. 3203, on page 9, line 7, striking the
semicolon after "organized" and subscetion 19 on lines 8-9 and substitute
the following: 

organized, including such other or additional purpose or purposes as may
be engaged in by a corporation organized under Article 2.01, Texas
Non-Profit Corporation Act.