By Counts                                             H.B. No. 3203

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disposition of unclaimed funds by nonprofit

 1-3     cooperative corporations.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter D, Chapter 74, Property Code, is

 1-6     amended by adding Section 74.3013 to read as follows:

 1-7           Sec. 74.3013.  DELIVERY OF MONEY FOR RURAL SCHOLARSHIP AND

 1-8     ECONOMIC DEVELOPMENT.  (a)  Notwithstanding and in addition to any

 1-9     other provision of this chapter or other law, a nonprofit

1-10     cooperative corporation may deliver reported money to a scholarship

1-11     fund for rural students or to stimulate rural economic development

1-12     instead of delivering the money to the comptroller as prescribed in

1-13     Section 74.301.

1-14           (b)  A nonprofit cooperative corporation may deliver the

1-15     money under this section only:

1-16                 (1)  to a scholarship fund established by one or more

1-17     nonprofit cooperative corporations in this state to enable students

1-18     from rural areas to attend college, technical school, or other

1-19     postsecondary educational institution; and

1-20                 (2)  to an economic development fund for the

1-21     stimulation and improvement of business and commercial activity for

1-22     economic development in rural communities.

1-23           (c)  A nonprofit cooperative corporation shall file with the

1-24     comptroller a verification of money delivered under this section

 2-1     that complies with Section 74.302.

 2-2           (d)  A claim for money delivered under this section must be

 2-3     filed with the nonprofit cooperative corporation that delivered the

 2-4     money.  A nonprofit cooperative corporation shall forward the claim

 2-5     to the administrator of the fund to which the money was delivered.

 2-6     The fund shall pay the claim if the fund determines in good faith

 2-7     that the claim is valid.  A person aggrieved by a claim decision

 2-8     may file a suit against the fund in a district court in the county

 2-9     in which the administrator of the fund is located in accordance

2-10     with Section 74.506.

2-11           (e)  The comptroller shall prescribe forms and procedures

2-12     governing this section, including forms and procedures relating to:

2-13                 (1)  notice of presumed abandoned property;

2-14                 (2)  delivery of reported money to a scholarship or

2-15     economic development fund;

2-16                 (3)  filing of a claim; and

2-17                 (4)  procedures to allow equitable opportunity for

2-18     participation by each nonprofit cooperative corporation in the

2-19     state.

2-20           (f)  During a state fiscal year the total amount of money

2-21     that may be transferred by all nonprofit cooperative corporations

2-22     under this section may not exceed $1 million.  No more than 20

2-23     percent of each nonprofit cooperative's funds eligible for delivery

2-24     under this section shall be used for economic development.  The

2-25     comptroller shall adopt procedures to record the total amount of

2-26     money transferred annually to allow equitable opportunity for

2-27     participation with preference given to corporations already

 3-1     providing similar scholarship opportunities in other states.

 3-2           (g)  Nonprofit cooperative corporations may combine economic

 3-3     development funds from other sources with any economic development

 3-4     funds delivered under this section.  In addition, such cooperatives

 3-5     may engage in other business and commercial activities, in their

 3-6     own behalf or through such subsidiaries and affiliates as deemed

 3-7     necessary, in order to provide and promote educational

 3-8     opportunities and to stimulate rural economic development.

 3-9           (h)  In this section, a nonprofit cooperative corporation

3-10     means a cooperative corporation organized under Chapters 51 and 52,

3-11     Agriculture Code, the Texas Non-Profit Corporation Act (Article

3-12     1396-1.01 et seq., Vernon's Texas Civil Statutes), the Cooperative

3-13     Association Act (Article 1396-50.01, Vernon's Texas Civil

3-14     Statutes), and the Electric Cooperative Corporation Act (Article

3-15     1528b, Vernon's Texas Civil Statutes).

3-16           SECTION 2.  Subsection (a), Section 51.004, Agriculture Code,

3-17     is amended to read as follows:

3-18           (a)  A society may:

3-19                 (1)  borrow money and discount notes, not to exceed a

3-20     total amount equal to five times its working capital;

3-21                 (2)  lend money to its members, on terms and with

3-22     security as provided by its bylaws;

3-23                 (3)  act as an agent for its members in selling the

3-24     members' agricultural products and in purchasing machinery and

3-25     supplies for its members, including fire, livestock, hail, cyclone,

3-26     and storm insurance;

3-27                 (4)  own and operate machinery and tools necessary to

 4-1     produce, harvest and prepare for market farm and ranch products;

 4-2     [and]

 4-3                 (5)  exercise any of the powers granted to cooperative

 4-4     marketing associations under Section 52.013 of this code; and

 4-5                 (6)  deliver money to a scholarship fund for rural

 4-6     students.

 4-7           SECTION 3.  Section 52.013, Agriculture Code, is amended to

 4-8     read as follows:

 4-9           Sec. 52.013.  General Powers.  A marketing association may:

4-10                 (1)  engage in any activity connected with:

4-11                       (A)  the production, cultivation, and care of

4-12     citrus groves;

4-13                       (B)  the marketing, selling, harvesting,

4-14     preserving, drying, processing, canning, packing, storing,

4-15     handling, or use of any agricultural products produced or delivered

4-16     to it by its members;

4-17                       (C)  the production, manufacturing, or marketing

4-18     of the by-products of those agricultural products;

4-19                       (D)  the purchase, hiring, or use by its members

4-20     of supplies, machinery, or equipment; and

4-21                       (E)  the financing of an activity enumerated by

4-22     Paragraphs (A) through (D) of this subdivision;

4-23                 (2)  borrow money and make advances to its members;

4-24                 (3)  act as an agent or representative of any member in

4-25     an activity authorized by Subdivision (1) or (2) of this section;

4-26                 (4)  acquire, hold, own, exercise all rights of

4-27     ownership in, sell, transfer, or pledge shares of capital stocks or

 5-1     bonds of a corporation or association, including a bank for

 5-2     cooperatives organized under the Farm Credit Act of 1933, engaged

 5-3     in an activity related to that of the association incorporated

 5-4     under this chapter or engaged in the handling or marketing of a

 5-5     product handled by the association;

 5-6                 (5)  establish reserves and invest the money in those

 5-7     reserves in bonds or other property as provided by the

 5-8     association's bylaws;

 5-9                 (6)  buy, hold, and exercise all privileges of

5-10     ownership over real or personal property that is determined by the

5-11     association to be necessary or convenient for, or incidental to,

5-12     conducting and operating its business;

5-13                 (7)  perform, in or outside this state, acts that are

5-14     necessary, suitable, or proper to accomplish the purposes and

5-15     objectives permitted by this section or that are conducive to or

5-16     expedient for the interest or benefit of the association, and may

5-17     contract for the performance of those acts;

5-18                 (8)  possess and exercise, in or outside this state,

5-19     all powers, rights, and privileges necessary for or incidental to

5-20     the purposes for which the association is organized or the

5-21     activities in which it is engaged; [and]

5-22                 (9)  exercise the rights, powers, and privileges that

5-23     are granted by the laws of the state to general corporations and

5-24     that are not inconsistent with this chapter; and

5-25                 (10)  deliver money to a scholarship fund for rural

5-26     students.

5-27           SECTION 4.  Section 4, Electric Cooperative Corporation Act

 6-1     (Article 1528b, Vernon's Texas Civil Statutes), is amended to read

 6-2     as follows:

 6-3           Sec. 4.  Powers of Corporation.  Each corporation shall have

 6-4     power:

 6-5                 (1)  To sue and be sued, complain and defend, in its

 6-6     corporate name;

 6-7                 (2)  To have perpetual succession unless a limited

 6-8     period of duration is stated in its articles of incorporation;

 6-9                 (3)  To adopt a corporate seal which may be altered at

6-10     pleasure, and to use it, or a facsimile thereof, as required by

6-11     law;

6-12                 (4)  To generate, manufacture, purchase, acquire, and

6-13     accumulate electric energy and to transmit, distribute, sell,

6-14     furnish, and dispose of such electric energy to its members only,

6-15     and to construct, erect, purchase, lease as lessee and in any

6-16     manner acquire, own, hold, maintain, operate, sell, dispose of,

6-17     lease as lessor, exchange, and mortgage plants, buildings, works,

6-18     machinery, supplies, equipment, apparatus, and transmission and

6-19     distribution lines or systems necessary, convenient, or useful;

6-20                 (5)  To assist its members only to wire their premises

6-21     and install therein electrical and plumbing fixtures, machinery,

6-22     supplies, apparatus, and equipment of any and all kinds and

6-23     character, and in connection therewith and for such purposes, to

6-24     purchase, acquire, lease, sell, distribute, install, and repair

6-25     electrical and plumbing fixtures, machinery, supplies, apparatus,

6-26     and equipment of any and all kinds and character and to receive,

6-27     acquire, endorse, pledge, hypothecate, and dispose of notes, bonds,

 7-1     and other evidences of indebtedness;

 7-2                 (6)  To furnish to other corporations organized under

 7-3     this Act, or to the members thereof, electric energy, wiring

 7-4     facilities, electrical and plumbing equipment, and services

 7-5     convenient or useful;

 7-6                 (7)  To acquire, own, hold, use, exercise, and, to the

 7-7     extent permitted by law, to sell, mortgage, pledge, hypothecate,

 7-8     and in any manner dispose of franchises, rights, privileges,

 7-9     licenses, rights of way, and easements necessary, useful, or

7-10     appropriate;

7-11                 (8)  To purchase, receive, lease as lessee, or in any

7-12     other manner acquire, own, hold, maintain, sell, exchange, and use

7-13     any and all real and personal property or any interest therein;

7-14                 (9)  To borrow money and otherwise contract

7-15     indebtedness, to issue its obligations therefor, and to secure the

7-16     payment thereof by mortgage, pledge, or deed of trust of all or any

7-17     of its property, assets, franchises, revenues, or income;

7-18                 (10)  To sell and convey, mortgage, pledge, lease as

7-19     lessor, and otherwise dispose of all or any part of its property

7-20     and assets;

7-21                 (11)  To have and exercise the power of eminent domain

7-22     for the purpose and in the manner provided by the condemnation laws

7-23     of this State for acquiring private property for public use, such

7-24     right to be paramount except as to property of the State, or of any

7-25     political subdivision thereof;

7-26                 (12)  To accept gifts or grants of money, services, or

7-27     property, real or personal;

 8-1                 (13)  To make any and all contracts necessary or

 8-2     convenient for the exercise of the powers granted in this Act;

 8-3                 (14)  To fix, regulate, and collect rates, fees, rents,

 8-4     or other charges for electric energy and any other facilities,

 8-5     supplies, equipment, or services furnished by the corporation;

 8-6                 (15)  To conduct its business, and have offices within

 8-7     or without this State;

 8-8                 (16)  To elect or appoint officers, agents, and

 8-9     employees of the corporation, and to define their duties and fix

8-10     their compensation;

8-11                 (17)  To make and alter by-laws, not inconsistent with

8-12     the articles of incorporation or with the laws of this State for

8-13     the administration and regulation of the affairs of the

8-14     corporation;

8-15                 (18)  To do and perform, either for itself or its

8-16     members, or for any other corporation organized under this Act, or

8-17     for the members thereof, any and all acts and things, and to have

8-18     and exercise any and all powers as may be necessary, convenient, or

8-19     appropriate to effectuate the purpose for which the corporation is

8-20     organized[;], including such other or additional purpose or

8-21     purposes as may be engaged in by a corporation organized under

8-22     Article 2.01, Texas Non-Profit Corporation Act (Article 1396-2.01,

8-23     Vernon's Texas Civil Statutes).

8-24           SECTION 5.  Section A, Article 2.02, Texas Non-Profit

8-25     Corporation Act (Article 1396-2.02, Vernon's Texas Civil Statutes),

8-26     is amended to read as follows:

8-27           A.  Subject to the provisions of Sections B and C of this

 9-1     Article, each corporation shall have power:

 9-2                 (1)  To have perpetual succession by its corporate

 9-3     name, unless a limited period of duration is stated in its articles

 9-4     of incorporation.  Notwithstanding the articles of incorporation,

 9-5     the period of duration for any corporation incorporated before

 9-6     August 10, 1959, is perpetual if all fees and franchise taxes have

 9-7     been paid as provided by law.

 9-8                 (2)  To sue and be sued, complain and defend, in its

 9-9     corporate name.

9-10                 (3)  To have a corporate seal which may be altered at

9-11     pleasure, and to use the same by causing it, or a facsimile

9-12     thereof, to be impressed on, affixed to, or in any manner

9-13     reproduced upon, instruments of any nature required to be executed

9-14     by its proper officers.

9-15                 (4)  To purchase, receive, lease, or otherwise acquire,

9-16     own, hold, improve, use, or otherwise deal in and with, real or

9-17     personal property, or any interest therein, wherever situated, as

9-18     the purposes of the corporation shall require, or as shall be

9-19     donated to it.

9-20                 (5)  To sell, convey, mortgage, pledge, lease,

9-21     exchange, transfer, and otherwise dispose of all or any part of its

9-22     property and assets.

9-23                 (6)  To lend money to and otherwise assist its

9-24     employees and officers, but not its directors, if the loan or

9-25     assistance may reasonably be expected to benefit, directly or

9-26     indirectly, the corporation providing the assistance.  Loans made

9-27     to officers must be:

 10-1                      (a)  made for the purpose of financing the

 10-2    principal residence of the officer; or

 10-3                      (b)  made during the first year of that officer's

 10-4    employment, in which case the original principal amount may not

 10-5    exceed 100 percent of the officer's annual salary; or

 10-6                      (c)  made in any subsequent year, in which case

 10-7    the original principal amount may not exceed 50 percent of the

 10-8    officer's annual salary.

 10-9                (7)  To purchase, receive, subscribe for, or otherwise

10-10    acquire, own, hold, vote, use, employ, mortgage, lend, pledge, sell

10-11    or otherwise dispose of, and otherwise use and deal in and with,

10-12    shares or other interests in, or obligations of, other domestic or

10-13    foreign corporations, whether for profit or not for profit,

10-14    associations, partnerships, or individuals, or direct or indirect

10-15    obligations of the United States or of any other government, state,

10-16    territory, government district, or municipality, or of any

10-17    instrumentality thereof.

10-18                (8)  To make contracts and incur liabilities, borrow

10-19    money at such rates of interest as the corporation may determine,

10-20    issue its notes, bonds, and other obligations, and secure any of

10-21    its obligations by mortgage or pledge of all or any of its

10-22    property, franchises, and income.

10-23                (9)  To lend money for its corporate purposes, invest

10-24    and reinvest its funds, and take and hold real and personal

10-25    property as security for the payment of funds so loaned or

10-26    invested.

10-27                (10)  To conduct its affairs, carry on its operations,

 11-1    and have officers and exercise the powers granted by this Act in

 11-2    any state, territory, district, or possession of the United States,

 11-3    or any foreign country.

 11-4                (11)  To elect or appoint officers and agents of the

 11-5    corporation for such period of time as the corporation may

 11-6    determine and define their duties and fix their compensation.

 11-7                (12)  To make and alter by-laws, not inconsistent with

 11-8    its articles of incorporation or with the laws of this State, for

 11-9    the administration and regulation of the affairs of the

11-10    corporation.

11-11                (13)  To make donations for the public welfare or for

11-12    charitable, scientific, or educational purposes and in time of war

11-13    to make donations in aid of war activities.

11-14                (14)  To cease its corporate activities and terminate

11-15    its existence by voluntary dissolution.

11-16                (15)  Whether included in the foregoing or not, to have

11-17    and exercise all powers necessary or appropriate to effect any or

11-18    all of the purposes for which the corporation is organized.

11-19                (16)  Any religious, charitable, educational, or

11-20    eleemosynary institution organized under the laws of this State may

11-21    acquire, own, hold, mortgage, and dispose of and invest its funds

11-22    in real and personal property for the use and benefit and under the

11-23    discretion of, and in trust for any convention, conference or

11-24    association organized under the laws of this State or another state

11-25    with which it is affiliated, or which elects its board of

11-26    directors, or which controls it, in furtherance of the purposes of

11-27    the member institution.

 12-1                (17)  To pay pensions and establish pension plans and

 12-2    pension trusts for all of, or class, or classes of its officer and

 12-3    employees, or its officers or its employees.

 12-4                (18)  To deliver money to a scholarship fund for rural

 12-5    students.

 12-6          SECTION 6.  Section 6, Cooperative Association Act (Article

 12-7    1396-50.01, Vernon's Texas Civil Statutes), is amended to read as

 12-8    follows:

 12-9          Sec. 6.  Powers.  An association may exercise all the powers

12-10    granted to a nonprofit corporation under Article 2.02, Texas

12-11    Non-Profit Corporation Act and may:

12-12                (1)  own and hold membership in and share capital of

12-13    other associations or corporations, and own and exercise ownership

12-14    rights in bonds or other obligations;

12-15                (2)  make agreements of mutual aid or federation with

12-16    other associations, other groups organized on a cooperative basis,

12-17    and other nonprofit groups;

12-18                (3)  exercise all powers not inconsistent with this Act

12-19    that are necessary or convenient for the accomplishment of its

12-20    purposes, and to that end the enumeration of powers in this section

12-21    is not exclusive; [and]

12-22                (4)  not engage, either directly or indirectly, in

12-23    insurance companies of every type or character as the insurance

12-24    business is defined and regulated by the Insurance Code, as

12-25    amended, health maintenance organizations, or prepaid legal service

12-26    corporations; and

12-27                (5)  deliver money to a scholarship fund for rural

 13-1    students.

 13-2          SECTION 7.  This Act takes effect September 1, 1997.

 13-3          SECTION 8.  The importance of this legislation and the

 13-4    crowded condition of the calendars in both houses create an

 13-5    emergency and an imperative public necessity that the

 13-6    constitutional rule requiring bills to be read on three several

 13-7    days in each house be suspended, and this rule is hereby suspended.