Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      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

2-28     providing similar scholarship opportunities in other states.

2-29           (g)  Nonprofit cooperative corporations may combine economic

2-30     development funds from other sources with any economic development

 3-1     funds delivered under this section.  In addition, such cooperatives

 3-2     may engage in other business and commercial activities, in their

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

 3-4     necessary, in order to provide and promote educational

 3-5     opportunities and to stimulate rural economic development.

 3-6           (h)  In this section, a nonprofit cooperative corporation

 3-7     means a cooperative corporation organized under Chapters 51 and 52,

 3-8     Agriculture Code, the Texas Non-Profit Corporation Act (Article

 3-9     1396-1.01 et seq., Vernon's Texas Civil Statutes), the Cooperative

3-10     Association Act (Article 1396-50.01, Vernon's Texas Civil

3-11     Statutes), and the Electric Cooperative Corporation Act (Article

3-12     1528b, Vernon's Texas Civil Statutes).

3-13           SECTION 2.  Subsection (a), Section 51.004, Agriculture Code,

3-14     is amended to read as follows:

3-15           (a)  A society may:

3-16                 (1)  borrow money and discount notes, not to exceed a

3-17     total amount equal to five times its working capital;

3-18                 (2)  lend money to its members, on terms and with

3-19     security as provided by its bylaws;

3-20                 (3)  act as an agent for its members in selling the

3-21     members' agricultural products and in purchasing machinery and

3-22     supplies for its members, including fire, livestock, hail, cyclone,

3-23     and storm insurance;

3-24                 (4)  own and operate machinery and tools necessary to

3-25     produce, harvest and prepare for market farm and ranch products;

3-26     [and]

3-27                 (5)  exercise any of the powers granted to cooperative

3-28     marketing associations under Section 52.013 of this code; and

3-29                 (6)  deliver money to a scholarship fund for rural

3-30     students.

 4-1           SECTION 3.  Section 52.013, Agriculture Code, is amended to

 4-2     read as follows:

 4-3           Sec. 52.013.  General Powers.  A marketing association may:

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

 4-5                       (A)  the production, cultivation, and care of

 4-6     citrus groves;

 4-7                       (B)  the marketing, selling, harvesting,

 4-8     preserving, drying, processing, canning, packing, storing,

 4-9     handling, or use of any agricultural products produced or delivered

4-10     to it by its members;

4-11                       (C)  the production, manufacturing, or marketing

4-12     of the by-products of those agricultural products;

4-13                       (D)  the purchase, hiring, or use by its members

4-14     of supplies, machinery, or equipment; and

4-15                       (E)  the financing of an activity enumerated by

4-16     Paragraphs (A) through (D) of this subdivision;

4-17                 (2)  borrow money and make advances to its members;

4-18                 (3)  act as an agent or representative of any member in

4-19     an activity authorized by Subdivision (1) or (2) of this section;

4-20                 (4)  acquire, hold, own, exercise all rights of

4-21     ownership in, sell, transfer, or pledge shares of capital stocks or

4-22     bonds of a corporation or association, including a bank for

4-23     cooperatives organized under the Farm Credit Act of 1933, engaged

4-24     in an activity related to that of the association incorporated

4-25     under this chapter or engaged in the handling or marketing of a

4-26     product handled by the association;

4-27                 (5)  establish reserves and invest the money in those

4-28     reserves in bonds or other property as provided by the

4-29     association's bylaws;

4-30                 (6)  buy, hold, and exercise all privileges of

 5-1     ownership over real or personal property that is determined by the

 5-2     association to be necessary or convenient for, or incidental to,

 5-3     conducting and operating its business;

 5-4                 (7)  perform, in or outside this state, acts that are

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

 5-6     objectives permitted by this section or that are conducive to or

 5-7     expedient for the interest or benefit of the association, and may

 5-8     contract for the performance of those acts;

 5-9                 (8)  possess and exercise, in or outside this state,

5-10     all powers, rights, and privileges necessary for or incidental to

5-11     the purposes for which the association is organized or the

5-12     activities in which it is engaged; [and]

5-13                 (9)  exercise the rights, powers, and privileges that

5-14     are granted by the laws of the state to general corporations and

5-15     that are not inconsistent with this chapter; and

5-16                 (10)  deliver money to a scholarship fund for rural

5-17     students.

5-18           SECTION 4.  Section 4, Electric Cooperative Corporation Act

5-19     (Article 1528b, Vernon's Texas Civil Statutes), is amended to read

5-20     as follows:

5-21           Sec. 4.  Powers of Corporation.  Each corporation shall have

5-22     power:

5-23                 (1)  To sue and be sued, complain and defend, in its

5-24     corporate name;

5-25                 (2)  To have perpetual succession unless a limited

5-26     period of duration is stated in its articles of incorporation;

5-27                 (3)  To adopt a corporate seal which may be altered at

5-28     pleasure, and to use it, or a facsimile thereof, as required by

5-29     law;

5-30                 (4)  To generate, manufacture, purchase, acquire, and

 6-1     accumulate electric energy and to transmit, distribute, sell,

 6-2     furnish, and dispose of such electric energy to its members only,

 6-3     and to construct, erect, purchase, lease as lessee and in any

 6-4     manner acquire, own, hold, maintain, operate, sell, dispose of,

 6-5     lease as lessor, exchange, and mortgage plants, buildings, works,

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

 6-7     distribution lines or systems necessary, convenient, or useful;

 6-8                 (5)  To assist its members only to wire their premises

 6-9     and install therein electrical and plumbing fixtures, machinery,

6-10     supplies, apparatus, and equipment of any and all kinds and

6-11     character, and in connection therewith and for such purposes, to

6-12     purchase, acquire, lease, sell, distribute, install, and repair

6-13     electrical and plumbing fixtures, machinery, supplies, apparatus,

6-14     and equipment of any and all kinds and character and to receive,

6-15     acquire, endorse, pledge, hypothecate, and dispose of notes, bonds,

6-16     and other evidences of indebtedness;

6-17                 (6)  To furnish to other corporations organized under

6-18     this Act, or to the members thereof, electric energy, wiring

6-19     facilities, electrical and plumbing equipment, and services

6-20     convenient or useful;

6-21                 (7)  To acquire, own, hold, use, exercise, and, to the

6-22     extent permitted by law, to sell, mortgage, pledge, hypothecate,

6-23     and in any manner dispose of franchises, rights, privileges,

6-24     licenses, rights of way, and easements necessary, useful, or

6-25     appropriate;

6-26                 (8)  To purchase, receive, lease as lessee, or in any

6-27     other manner acquire, own, hold, maintain, sell, exchange, and use

6-28     any and all real and personal property or any interest therein;

6-29                 (9)  To borrow money and otherwise contract

6-30     indebtedness, to issue its obligations therefor, and to secure the

 7-1     payment thereof by mortgage, pledge, or deed of trust of all or any

 7-2     of its property, assets, franchises, revenues, or income;

 7-3                 (10)  To sell and convey, mortgage, pledge, lease as

 7-4     lessor, and otherwise dispose of all or any part of its property

 7-5     and assets;

 7-6                 (11)  To have and exercise the power of eminent domain

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

 7-8     of this State for acquiring private property for public use, such

 7-9     right to be paramount except as to property of the State, or of any

7-10     political subdivision thereof;

7-11                 (12)  To accept gifts or grants of money, services, or

7-12     property, real or personal;

7-13                 (13)  To make any and all contracts necessary or

7-14     convenient for the exercise of the powers granted in this Act;

7-15                 (14)  To fix, regulate, and collect rates, fees, rents,

7-16     or other charges for electric energy and any other facilities,

7-17     supplies, equipment, or services furnished by the corporation;

7-18                 (15)  To conduct its business, and have offices within

7-19     or without this State;

7-20                 (16)  To elect or appoint officers, agents, and

7-21     employees of the corporation, and to define their duties and fix

7-22     their compensation;

7-23                 (17)  To make and alter by-laws, not inconsistent with

7-24     the articles of incorporation or with the laws of this State for

7-25     the administration and regulation of the affairs of the

7-26     corporation;

7-27                 (18)  To do and perform, either for itself or its

7-28     members, or for any other corporation organized under this Act, or

7-29     for the members thereof, any and all acts and things, and to have

7-30     and exercise any and all powers as may be necessary, convenient, or

 8-1     appropriate to effectuate the purpose for which the corporation is

 8-2     organized;

 8-3                 (19)  To deliver money to a scholarship fund for rural

 8-4     students.

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

 8-6     Corporation Act (Article 1396-2.02, Vernon's Texas Civil Statutes),

 8-7     is amended to read as follows:

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

 8-9     Article, each corporation shall have power:

8-10                 (1)  To have perpetual succession by its corporate

8-11     name, unless a limited period of duration is stated in its articles

8-12     of incorporation.  Notwithstanding the articles of incorporation,

8-13     the period of duration for any corporation incorporated before

8-14     August 10, 1959, is perpetual if all fees and franchise taxes have

8-15     been paid as provided by law.

8-16                 (2)  To sue and be sued, complain and defend, in its

8-17     corporate name.

8-18                 (3)  To have a corporate seal which may be altered at

8-19     pleasure, and to use the same by causing it, or a facsimile

8-20     thereof, to be impressed on, affixed to, or in any manner

8-21     reproduced upon, instruments of any nature required to be executed

8-22     by its proper officers.

8-23                 (4)  To purchase, receive, lease, or otherwise acquire,

8-24     own, hold, improve, use, or otherwise deal in and with, real or

8-25     personal property, or any interest therein, wherever situated, as

8-26     the purposes of the corporation shall require, or as shall be

8-27     donated to it.

8-28                 (5)  To sell, convey, mortgage, pledge, lease,

8-29     exchange, transfer, and otherwise dispose of all or any part of its

8-30     property and assets.

 9-1                 (6)  To lend money to and otherwise assist its

 9-2     employees and officers, but not its directors, if the loan or

 9-3     assistance may reasonably be expected to benefit, directly or

 9-4     indirectly, the corporation providing the assistance.  Loans made

 9-5     to officers must be:

 9-6                       (a)  made for the purpose of financing the

 9-7     principal residence of the officer; or

 9-8                       (b)  made during the first year of that officer's

 9-9     employment, in which case the original principal amount may not

9-10     exceed 100 percent of the officer's annual salary; or

9-11                       (c)  made in any subsequent year, in which case

9-12     the original principal amount may not exceed 50 percent of the

9-13     officer's annual salary.

9-14                 (7)  To purchase, receive, subscribe for, or otherwise

9-15     acquire, own, hold, vote, use, employ, mortgage, lend, pledge, sell

9-16     or otherwise dispose of, and otherwise use and deal in and with,

9-17     shares or other interests in, or obligations of, other domestic or

9-18     foreign corporations, whether for profit or not for profit,

9-19     associations, partnerships, or individuals, or direct or indirect

9-20     obligations of the United States or of any other government, state,

9-21     territory, government district, or municipality, or of any

9-22     instrumentality thereof.

9-23                 (8)  To make contracts and incur liabilities, borrow

9-24     money at such rates of interest as the corporation may determine,

9-25     issue its notes, bonds, and other obligations, and secure any of

9-26     its obligations by mortgage or pledge of all or any of its

9-27     property, franchises, and income.

9-28                 (9)  To lend money for its corporate purposes, invest

9-29     and reinvest its funds, and take and hold real and personal

9-30     property as security for the payment of funds so loaned or

 10-1    invested.

 10-2                (10)  To conduct its affairs, carry on its operations,

 10-3    and have officers and exercise the powers granted by this Act in

 10-4    any state, territory, district, or possession of the United States,

 10-5    or any foreign country.

 10-6                (11)  To elect or appoint officers and agents of the

 10-7    corporation for such period of time as the corporation may

 10-8    determine and define their duties and fix their compensation.

 10-9                (12)  To make and alter by-laws, not inconsistent with

10-10    its articles of incorporation or with the laws of this State, for

10-11    the administration and regulation of the affairs of the

10-12    corporation.

10-13                (13)  To make donations for the public welfare or for

10-14    charitable, scientific, or educational purposes and in time of war

10-15    to make donations in aid of war activities.

10-16                (14)  To cease its corporate activities and terminate

10-17    its existence by voluntary dissolution.

10-18                (15)  Whether included in the foregoing or not, to have

10-19    and exercise all powers necessary or appropriate to effect any or

10-20    all of the purposes for which the corporation is organized.

10-21                (16)  Any religious, charitable, educational, or

10-22    eleemosynary institution organized under the laws of this State may

10-23    acquire, own, hold, mortgage, and dispose of and invest its funds

10-24    in real and personal property for the use and benefit and under the

10-25    discretion of, and in trust for any convention, conference or

10-26    association organized under the laws of this State or another state

10-27    with which it is affiliated, or which elects its board of

10-28    directors, or which controls it, in furtherance of the purposes of

10-29    the member institution.

10-30                (17)  To pay pensions and establish pension plans and

 11-1    pension trusts for all of, or class, or classes of its officer and

 11-2    employees, or its officers or its employees.

 11-3                (18)  To deliver money to a scholarship fund for rural

 11-4    students.

 11-5          SECTION 6.  Section 6, Cooperative Association Act (Article

 11-6    1396-50.01, Vernon's Texas Civil Statutes), is amended to read as

 11-7    follows:

 11-8          Sec. 6.  Powers.  An association may exercise all the powers

 11-9    granted to a nonprofit corporation under Article 2.02, Texas

11-10    Non-Profit Corporation Act and may:

11-11                (1)  own and hold membership in and share capital of

11-12    other associations or corporations, and own and exercise ownership

11-13    rights in bonds or other obligations;

11-14                (2)  make agreements of mutual aid or federation with

11-15    other associations, other groups organized on a cooperative basis,

11-16    and other nonprofit groups;

11-17                (3)  exercise all powers not inconsistent with this Act

11-18    that are necessary or convenient for the accomplishment of its

11-19    purposes, and to that end the enumeration of powers in this section

11-20    is not exclusive; [and]

11-21                (4)  not engage, either directly or indirectly, in

11-22    insurance companies of every type or character as the insurance

11-23    business is defined and regulated by the Insurance Code, as

11-24    amended, health maintenance organizations, or prepaid legal service

11-25    corporations; and

11-26                (5)  deliver money to a scholarship fund for rural

11-27    students.

11-28          SECTION 7.  This Act takes effect September 1, 1997.

11-29          SECTION 8.  The importance of this legislation and the

11-30    crowded condition of the calendars in both houses create an

 12-1    emergency and an imperative public necessity that the

 12-2    constitutional rule requiring bills to be read on three several

 12-3    days in each house be suspended, and this rule is hereby suspended.