Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Lewis of Orange                              H.B. No. 1998

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to statewide water conservation initiatives.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 44, Agriculture Code, is amended to read

 1-5     as follows:

 1-6           Sec. 44.007.  LINKED DEPOSIT PROGRAM.  (a)  The board shall

 1-7     establish a linked deposit program to encourage commercial lending

 1-8     for the enhanced production, processing, and marketing of certain

 1-9     agricultural crops and for the financing [purchase] of water

1-10     conservation projects or equipment for agricultural production

1-11     purposes.

1-12           (b)  The board shall promulgate rules for the loan portion of

1-13     the linked deposit program.  The rules must include:

1-14                 (1)  a list of the categories of crops customarily

1-15     grown in Texas;

1-16                 (2)  a list of crops that are alternative agricultural

1-17     crops;

1-18                 (3)  a list of crops the production of which has

1-19     declined markedly because of natural disasters; and

1-20                 (4)  identification of [the] projects and types of

1-21     equipment considered as water conservation projects or equipment

1-22     for agricultural production purposes.

1-23           (c)  In order to participate in the linked deposit program,

1-24     an eligible lending institution may solicit loan applications from

 2-1     eligible borrowers.

 2-2           (d)  After reviewing an application and determining that the

 2-3     applicant is eligible and creditworthy, the eligible lending

 2-4     institution shall send the application for a linked deposit loan to

 2-5     the board.

 2-6           (e)  The eligible lending institution shall certify the

 2-7     interest rate applicable to the specific eligible borrower and

 2-8     attach it to the application sent to the board or the board's

 2-9     designee.

2-10           (f)  After reviewing each linked deposit loan application,

2-11     the board or the board's designee shall recommend to the state

2-12     treasurer the acceptance or rejection of the application.

2-13           (g)  After acceptance of the application, the state treasurer

2-14     shall place a linked deposit with the applicable eligible lending

2-15     institution for the period the treasurer considers appropriate.

2-16     The state treasurer may not place a deposit for a period extending

2-17     beyond the state fiscal biennium in which it is placed.  Subject to

2-18     the limitation described by Section 44.010 of this chapter, the

2-19     treasurer may place time deposits at an interest rate described by

2-20     Section 44.001(5)(A) of this chapter, notwithstanding any order of

2-21     the State Depository Board to the contrary.

2-22           (h)  Before the placing of a linked deposit, the eligible

2-23     lending institution and the state, represented by the state

2-24     treasurer and the board or the board's designee, shall enter into a

2-25     written deposit agreement containing the conditions on which the

2-26     linked deposit is made.

2-27           (i)  If a lending institution holding linked deposits ceases

2-28     to be a state depository, the state treasurer may withdraw the

2-29     linked deposits.

2-30           (j)  The board may adopt rules that create a procedure for

 3-1     determining priorities for loans granted under this chapter.  Each

 3-2     rule adopted must state the policy objective of the rule.  The

 3-3     policy objectives of the rules may include preferences to:

 3-4                 (1)  achieve adequate geographic distribution of loans;

 3-5                 (2)  assist certain industries;

 3-6                 (3)  encourage certain practices including water

 3-7     conservation; and

 3-8                 (4)  encourage value-added processing of agricultural

 3-9     products.

3-10           Sec. 44.008.  COMPLIANCE.  (a)  On accepting a linked

3-11     deposit, an eligible lending institution must loan money to

3-12     eligible borrowers in accordance with the deposit agreement and

3-13     this chapter.  The eligible lending institution shall forward a

3-14     compliance report to the board.

3-15           (b)  The board shall monitor compliance with this chapter and

3-16     inform the state treasurer of noncompliance on the part of an

3-17     eligible lending institution.

3-18           Sec. 44.009.  STATE LIABILITY PROHIBITED.  The state is not

3-19     liable to an eligible lending institution for payment of the

3-20     principal, interest, or any late charges on a loan made to an

3-21     eligible borrower.  A delay in payment or default on a loan by an

3-22     eligible borrower does not affect the validity of the deposit

3-23     agreement.  Linked deposits are not an extension of the state's

3-24     credit within the meaning of any state constitutional prohibition.

3-25           Sec. 44.010.  LIMITATIONS IN PROGRAM.  (a)  At any one time,

3-26     not more than $15 [5] million, of which $10 million may only be

3-27     used to finance water conservation projects, may be placed in

3-28     linked deposits under this chapter.

3-29           (b)  The maximum amount of a loan under this chapter to

3-30     process and market Texas agricultural crops is $500,000. The

 4-1     maximum amount of a loan under this chapter to produce alternative

 4-2     agricultural crops in this state is $250,000.  The maximum amount

 4-3     of a loan under this chapter to finance [purchase] water

 4-4     conservation projects or equipment for agricultural production

 4-5     purposes is $250,000.

 4-6           (c)  A loan granted pursuant to this chapter must be applied

 4-7     to the purchase or lease of land, equipment, seed, fertilizer,

 4-8     direct marketing facilities, or processing facilities, or to

 4-9     payment for professional services.

4-10           (d)  A loan granted pursuant to this chapter, when used to

4-11     finance eligible water conservation projects or equipment, may be

4-12     applied to existing debt resulting from the financing of water

4-13     conservation projects or equipment for agricultural purposes as

4-14     defined by board rule.

4-15           SECTION 2.  Subtitle C, Chapter 11, Tax Code, is amended by

4-16     adding a new Section 11.49 to read as follows:

4-17           Sec. 11.49.  CERTAIN WATER CONSERVATION INITIATIVES.  The

4-18     governing body of a taxing unit by official action of the body

4-19     adopted in the manner required by law for official actions may

4-20     exempt from taxation part or all of the assessed value of property

4-21     upon which approved water conservation initiatives have been

4-22     implemented.  For purposes of this section, approved water

4-23     conservation initiatives shall be designated pursuant to an

4-24     ordinance or other law adopted by the governing unit.

4-25           SECTION 3.  Chapter 2155.44, General Government Code, is

4-26     amended by adding a new Subsection (d) to read as follows:

4-27           Sec. 2155.444.  PREFERENCE TO TEXAS AND UNITED STATES

4-28     PRODUCTS.  (a)  The commission and all state agencies making

4-29     purchase of goods, including agricultural products, shall give

4-30     preference to those produced or grown in this state or offered by

 5-1     Texas bidders as follows:

 5-2                 (1)  goods produced in this state or offered by Texas

 5-3     bidders shall equally be given preference if the cost to the state

 5-4     and quality are equal; and

 5-5                 (2)  agricultural products grown in this state shall be

 5-6     given first preference and agricultural products offered by Texas

 5-7     bidders shall be given second preference, if the cost to the state

 5-8     and quality are equal.

 5-9           (b)  If goods, including agricultural products, produced or

5-10     grown in this state or offered by Texas bidders are not equal in

5-11     cost and quality to other products, then goods, including

5-12     agricultural products, produced or grown in other states of the

5-13     United States shall be given preference over foreign products if

5-14     the cost to the state and quality are equal.

5-15           (c)  In this section, "agricultural products" includes

5-16     textiles and other similar products.

5-17           (d)  The commission and all state agencies making purchase of

5-18     vegetation for landscaping purposes, including plants, shall give

5-19     preference to vegetation native to Texas if the cost to the state

5-20     and quality are equal.

5-21           SECTION 4.  The importance of this legislation and the

5-22     crowded condition of the calendars in both houses create an

5-23     emergency and an imperative public necessity that the

5-24     constitutional rule requiring bills to be read on three several

5-25     days in each house be suspended, and this rule is hereby suspended,

5-26     and that this Act take effect and be in force from and after its

5-27     passage, and it is so enacted.