1-1                                   AN ACT
 1-2     relating to the administration of certain loan programs by the
 1-3     Texas Agricultural Finance Authority, to limiting certain liability
 1-4     for activities in programs funded by the authority, to establishing
 1-5     the agricultural technology program, and to the promotion of the
 1-6     development of agriculture-related rural businesses.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1.  Section 44.001, Agriculture Code, is amended to
 1-9     read as follows:
1-10           Sec. 44.001.  Definitions.  In this chapter:
1-11                 (1)  ["Small business incubator" means a nonprofit
1-12     development agency that provides concentrated business assistance
1-13     services to new small agricultural enterprises.]
1-14                 [(2)]  "Eligible lending institution" means a financial
1-15     institution that makes commercial loans, is a depository of state
1-16     funds, and agrees to participate in the linked deposit program and
1-17     to provide collateral equal to the amount of linked deposits placed
1-18     with it.
1-19                 (2) [(3)]  "Eligible borrower" means a person who is in
1-20     the business or entering the business of:
1-21                       (A)  processing and marketing agricultural crops
1-22     in this state;
1-23                       (B)  producing alternative agricultural crops in
1-24     this state;
 2-1                       (C)  producing agricultural crops in this state
 2-2     the production of which has declined [markedly] because of natural
 2-3     disasters; or
 2-4                       (D)  producing agricultural crops in this state
 2-5     using water conservation equipment for agricultural production
 2-6     purposes.
 2-7                 (3) [(4)]  "Alternative agricultural crops" means crops
 2-8     not customarily grown in this state but that could feasibly be
 2-9     produced in this state.
2-10                 (4) [(5)]  "Linked deposit" means a time deposit
2-11     governed by a written deposit agreement between the state and an
2-12     eligible lending institution that provides:
2-13                       (A)  that the eligible lending institution pay
2-14     interest on the deposit at a rate that is not less than the greater
2-15     of:
2-16                             (i)  the current market rate of a United
2-17     States treasury bill or note of comparable maturity minus two
2-18     percent; or
2-19                             (ii)  1.5 percent;
2-20                       (B)  that the state not withdraw any part of the
2-21     deposit before the expiration of a period set by a written advance
2-22     notice of the intention to withdraw; and
2-23                       (C)  that the eligible lending institution agree
2-24     to lend the value of the deposit to an eligible borrower at a
2-25     maximum rate that is the linked deposit [current market] rate [of a
2-26     United States treasury bill or note of comparable maturity] plus a
2-27     maximum of four percent.
 3-1                 (5) [(6)]  "Microenterprise" means a small business
 3-2     located in a rural area in which the owner operates [and the
 3-3     owner's family provide the bulk of the management and a significant
 3-4     amount of the labor required to operate] the enterprise.  Priority
 3-5     under this chapter shall be given to microenterprises which
 3-6     demonstrate significant potential for expansion that will provide
 3-7     jobs in economically depressed rural communities or to currently
 3-8     unemployed rural residents.
 3-9                 (6) [(7)]  "Rural area" means an area which is
3-10     predominantly rural in character, being one which the board defines
3-11     and declares to be a rural area.
3-12                 (7) [(8)]  "Board" means the board of directors of the
3-13     Texas Agricultural Finance Authority in Chapter 58 [of this code].
3-14           SECTION 2.  Section 44.002, Agriculture Code, is amended to
3-15     read as follows:
3-16           Sec. 44.002.  CREATION OF MICROENTERPRISE PROGRAMS.
3-17     [(a)  The board shall create an agricultural diversification
3-18     program to:]
3-19                 [(1)  support commercial use of agricultural research
3-20     and innovation;]
3-21                 [(2)  increase the capabilities of community and
3-22     regional organizations to train and assist new or expanding
3-23     agricultural-based businesses;]
3-24                 [(3)  start small business incubators; and]
3-25                 [(4)  encourage private commercial loans for enhanced
3-26     production, processing, and marketing of certain agricultural
3-27     crops.]
 4-1           [(b)]  The board shall create a microenterprise support
 4-2     program to provide financial assistance to microenterprises in
 4-3     rural areas.
 4-4           SECTION 3.  Section 44.0045, Agriculture Code, is amended to
 4-5     read as follows:
 4-6           Sec. 44.0045.  Microenterprise Support Program Loans.  (a)
 4-7     The board shall administer a loan program supporting established
 4-8     and proposed microenterprises in rural areas by providing loans to
 4-9     expand, modernize, or otherwise improve established
4-10     microenterprises and to begin operation of proposed
4-11     microenterprises.
4-12           (b)  An applicant applying on behalf of a [A] proposed
4-13     microenterprise [loan applicant] may receive a loan of up to
4-14     $25,000 [$15,000] to begin operation of the microenterprise.
4-15           (c)  An applicant applying on behalf of an established
4-16     microenterprise [loan applicant] may receive a loan of up to
4-17     $50,000 [$30,000] to expand, modernize, or otherwise improve an
4-18     established operation [microenterprise].
4-19           (d)  The board [of the microenterprise support program] may
4-20     reserve a portion of the total fund for use in cooperative loan
4-21     programs established with the participation of other public or
4-22     private lenders.
4-23           [(e)  Financial assistance in the form of a loan may not be
4-24     used to refinance an existing debt of a proposed or existing
4-25     microenterprise.]
4-26           SECTION 4.  Section 44.007, Agriculture Code, is amended to
4-27     read as follows:
 5-1           Sec. 44.007.  Linked Deposit Program.  (a)  The board shall
 5-2     establish a linked deposit program to encourage commercial lending
 5-3     for the enhanced production, processing, and marketing of certain
 5-4     agricultural crops and for the financing of water conservation
 5-5     projects or equipment for agricultural production purposes.
 5-6           (b)  The board shall approve or disapprove any and all
 5-7     applications under this chapter, provided that the board may
 5-8     delegate this authority to the commissioner.
 5-9           (c)  The board shall promulgate rules for the loan portion of
5-10     the linked deposit program.  The rules must include:
5-11                 (1)  a list of the categories of crops customarily
5-12     grown in Texas, with consideration given to the Texas Agricultural
5-13     Statistics Service information available and relevant to this
5-14     determination;
5-15                 (2)  a list of crops that are alternative agricultural
5-16     crops, with consideration given to the Texas Agricultural
5-17     Statistics Service information available and relevant to this
5-18     determination;
5-19                 (3)  identification of criteria for a project eligible
5-20     for [a list of crops the production of which has declined markedly
5-21     because of] natural disaster assistance [disasters]; and
5-22                 (4)  identification of projects and types of equipment
5-23     considered as water conservation projects or equipment for
5-24     agricultural production purposes.
5-25           (d) [(c)]  In order to participate in the linked deposit
5-26     program, an eligible lending institution may solicit loan
5-27     applications from eligible borrowers.
 6-1           (e) [(d)]  After reviewing an application and determining
 6-2     that the applicant is eligible and creditworthy, the eligible
 6-3     lending institution shall send the application for a linked deposit
 6-4     loan to [the board or] the administrator of the Texas Agricultural
 6-5     Finance Authority.
 6-6           (f) [(e)]  The eligible lending institution shall certify the
 6-7     interest rate applicable to the specific eligible borrower and
 6-8     attach it to the application sent to [the board or] the
 6-9     administrator of the Texas Agricultural Finance Authority.
6-10           (g) [(f)]  After reviewing each linked deposit loan
6-11     application, the board or the commissioner shall recommend to the
6-12     comptroller the acceptance or rejection of the application.
6-13           (h) [(g)]  After acceptance of the application, the
6-14     comptroller shall place a linked deposit with the applicable
6-15     eligible lending institution for the period the comptroller
6-16     considers appropriate.  The comptroller may not place a deposit for
6-17     a period extending beyond the state fiscal biennium in which it is
6-18     placed.  Subject to the limitation described by Section 44.010 [of
6-19     this chapter], the comptroller may place time deposits at an
6-20     interest rate described by Section 44.001(4) [44.001(5)(A) of this
6-21     chapter].
6-22           (i) [(h)]  Before the placing of a linked deposit, the
6-23     eligible lending institution and the state, represented by the
6-24     comptroller [and the board], shall enter into a written deposit
6-25     agreement containing the conditions on which the linked deposit is
6-26     made.
6-27           (j) [(i)]  If a lending institution holding linked deposits
 7-1     ceases to be a state depository, the comptroller may withdraw the
 7-2     linked deposits.
 7-3           (k) [(j)]  The board may adopt rules that create a procedure
 7-4     for determining priorities for loans granted under this chapter.
 7-5     Each rule adopted must state the policy objective of the rule.  The
 7-6     policy objectives of the rules may include preferences to:
 7-7                 (1)  achieve adequate geographic distribution of loans;
 7-8                 (2)  assist certain industries;
 7-9                 (3)  encourage certain practices including water
7-10     conservation; and
7-11                 (4)  encourage value-added processing of agricultural
7-12     products.
7-13           (l) [(k)]  A lending institution is not ineligible to
7-14     participate in the linked deposit program solely because a member
7-15     of the board is also an officer, director, or employee of the
7-16     lending institution, provided that a board member shall recuse
7-17     himself or herself from any action taken by the board on an
7-18     application involving a lending institution by which the board
7-19     member is employed or for which the board member serves as an
7-20     officer or director.
7-21           SECTION 5.  Section 44.010, Agriculture Code, is amended to
7-22     read as follows:
7-23           Sec. 44.010.  Limitations in Program.  (a)  At any one time,
7-24     not more than $25 [$15] million, of which $10 million may only be
7-25     used to finance water conservation projects, may be placed in
7-26     linked deposits under this chapter.
7-27           (b)  The maximum amount of a loan under this chapter to
 8-1     process and market Texas agricultural crops is $500,000.  The
 8-2     maximum amount of a loan under this chapter to produce alternative
 8-3     agricultural crops in this state is $250,000.  The maximum amount
 8-4     of a loan under this chapter to finance water conservation projects
 8-5     or equipment for agricultural production purposes is $250,000.  The
 8-6     maximum amount of a loan under this chapter to finance production
 8-7     of a crop declared eligible for natural disaster relief, as defined
 8-8     by board rule, is $250,000.
 8-9           (c)  A loan granted pursuant to this chapter may be used for
8-10     any agriculture-related operating expense, including the purchase
8-11     or lease of land or fixed assets acquisition or improvement, as
8-12     identified in the application [must be applied to the purchase or
8-13     lease of land, equipment, seed, fertilizer, direct marketing
8-14     facilities, or processing facilities, or to payment for
8-15     professional services].
8-16           (d)  A loan granted pursuant to this chapter[, when used to
8-17     finance eligible water conservation projects or equipment,] may be
8-18     applied to existing debt as described in Section 44.007 [resulting
8-19     from the financing of water conservation projects or equipment for
8-20     agricultural purposes as defined by board rule].
8-21           SECTION 6.  Sections 44.012 and 44.013, Agriculture Code, are
8-22     amended to read as follows:
8-23           Sec. 44.012.  MONEY FOR [GRANTS AND] LOANS.  The board may
8-24     accept gifts and grants of money from the federal government, local
8-25     governments, or private corporations or other persons for use in
8-26     making [grants and] loans under [the agricultural diversification
8-27     program and] the rural microenterprise support program.  The
 9-1     legislature may appropriate money for [grants and] loans under the
 9-2     program [programs].
 9-3           Sec. 44.013.  Rural Microenterprise Development Fund.  The
 9-4     rural microenterprise development fund is a fund in the
 9-5     comptroller's office [state treasury].  Money appropriated to the
 9-6     board [Agricultural Diversification Board] for use in making loans
 9-7     under the rural microenterprise support program, other amounts
 9-8     received by the state for loans made under the program, and other
 9-9     money received by the board for the program and required by the
9-10     board to be deposited in the fund shall be deposited to the credit
9-11     of the fund.  The fund shall operate as a revolving fund, the
9-12     contents of which shall be applied and reapplied for the purposes
9-13     of the rural microenterprise support program.
9-14           SECTION 7.  Title 3, Agriculture Code, is amended by adding
9-15     Chapter 46 to read as follows:
9-16                CHAPTER 46.  AGRICULTURAL TECHNOLOGY PROGRAM
9-17           Sec. 46.001.  DEFINITIONS.  In this chapter:
9-18                 (1)  "Agricultural crisis" means an event or condition,
9-19     including adverse weather conditions, water shortages, disruption
9-20     in transportation, low commodity prices, an animal health issue,
9-21     crop disease, or insect infestation, that could disrupt or
9-22     jeopardize an aspect of the agricultural industry.
9-23                 (2)  "Agri-tech program" means the agricultural
9-24     technology program established under this chapter.
9-25                 (3)  "Applied research" means research directed at
9-26     gaining the knowledge or understanding necessary to meet a specific
9-27     and recognized need, including the discovery of new scientific
 10-1    knowledge that has specific objectives relating to products or
 10-2    processes.
 10-3                (4)  "Eligible institution" means an institution of
 10-4    higher education, as that term is defined by Section 61.003,
 10-5    Education Code, that is designated as an eligible institution under
 10-6    Section 46.002(e).
 10-7          Sec. 46.002.  ADMINISTRATION; GUIDELINES AND PROCEDURES.  (a)
 10-8    The department shall develop, maintain, and administer the
 10-9    agri-tech program to provide support for eligible institutions to
10-10    conduct research projects on methods to address agricultural crises
10-11    in this state.
10-12          (b)  In awarding funds to support projects under this
10-13    chapter, the department shall:
10-14                (1)  give priority to applied research projects that
10-15    the commissioner determines to be necessary to address an immediate
10-16    agricultural crisis; and
10-17                (2)  consider the recommendations of the Commodity
10-18    Crisis Council for specific projects.
10-19          (c)  The department shall award funds to support projects as
10-20    needed to address agricultural crises in this state.
10-21          (d)  The department shall develop and maintain guidelines and
10-22    procedures to provide awards under this chapter for specific
10-23    projects at eligible institutions on a competitive, peer-review
10-24    basis.
10-25          (e)  The department shall determine whether an institution of
10-26    higher education qualifies as an eligible institution for the
10-27    purposes of this chapter.  To be designated as an eligible
 11-1    institution, an institution of higher education must demonstrate an
 11-2    exceptional capability to attract federal, state, and private
 11-3    funding for scientific and technical research and have an
 11-4    exceptionally strong research staff and the necessary equipment and
 11-5    facilities.
 11-6          (f)  In considering projects for selection, the commissioner
 11-7    shall give special consideration to projects that:
 11-8                (1)  leverage funds from other sources; and
 11-9                (2)  propose innovative, collaborative efforts:
11-10                      (A)  across academic disciplines;
11-11                      (B)  involving two or more eligible institutions;
11-12    or
11-13                      (C)  involving eligible institutions, private
11-14    industry, and the federal government.
11-15          (g)  The commissioner may adopt rules necessary to accomplish
11-16    the purposes of this chapter.
11-17          Sec. 46.003.  AGRICULTURAL TECHNOLOGY ACCOUNT.  (a)  The
11-18    agricultural technology account is an account in the general
11-19    revenue fund.
11-20          (b)  The agricultural technology account consists of
11-21    legislative appropriations, gifts and grants received under
11-22    Subsection (c), and other money required by law to be deposited in
11-23    the account.
11-24          (c)  The department may solicit and accept gifts in kind and
11-25    grants of money from the federal government, local governments,
11-26    private corporations, or other persons to be used for the purposes
11-27    of this chapter.
 12-1          (d)  Funds in the agricultural technology account may be used
 12-2    only as provided by this chapter.  The account is exempt from the
 12-3    application of Section 403.095, Government Code.
 12-4          (e)  Income from money in the account shall be credited to
 12-5    the account.
 12-6          Sec. 46.004.  USE OF FUNDS IN AGRICULTURAL TECHNOLOGY
 12-7    ACCOUNT.  (a)  From funds appropriated for the agri-tech program,
 12-8    the comptroller shall issue warrants to each eligible institution
 12-9    in the amount certified by the department to the comptroller.
12-10          (b)  Funds awarded from the agricultural technology account
12-11    may be expended to support the particular research project for
12-12    which the award is made and may not be expended for the general
12-13    support of research and instruction at the institution conducting
12-14    or sponsoring the project or for the construction or remodeling of
12-15    a facility.
12-16          (c)  Funds in the agricultural technology account shall be
12-17    used, when practicable within the purposes of this chapter, to
12-18    match grants provided by the federal government or private industry
12-19    for specific collaborative research projects at eligible
12-20    institutions.
12-21          (d)  Supplies, materials, services, and equipment purchased
12-22    with funds obtained under this section are not subject to General
12-23    Services Commission authority.
12-24          Sec. 46.005.  PROGRESS REPORTS.  An institution receiving
12-25    funds under this chapter shall report on the progress of the funded
12-26    research to the department not later than September 1 of each year.
12-27          Sec. 46.006.  MERIT REVIEW.  The commissioner shall appoint a
 13-1    committee consisting of representatives of the agricultural
 13-2    industry and of private enterprise advanced technology research
 13-3    organizations to evaluate the agri-tech program's effectiveness.
 13-4    The committee shall report its findings to the department not later
 13-5    than September 1 of the second year of each biennium.
 13-6          SECTION 8.  Section 58.002, Agriculture Code, is amended by
 13-7    amending Subdivision (1) and adding Subdivision (9) to read as
 13-8    follows:
 13-9                (1)  "Agricultural business" means:
13-10                      (A)  a business that is or proposes to be engaged
13-11    in producing, processing, marketing, or exporting an agricultural
13-12    product;
13-13                      (B)  an eligible applicant as defined in
13-14    Subchapter E;
13-15                      (C)  the entity designated to carry out boll
13-16    weevil eradication in accordance with Section 74.1011;
13-17                      (D)  any agriculture-related business in rural
13-18    areas of Texas including a business that provides recreational
13-19    activities, including hiking, fishing, hunting, or any other
13-20    activity associated with the enjoyment of nature or the outdoors on
13-21    agricultural land; or
13-22                      (E)  a state agency or an institution of higher
13-23    education that is engaged in producing an agricultural product.
13-24                (9)  "Rural area" means an area which is predominately
13-25    rural in character, being one which the board defines and declares
13-26    to be a rural area.
13-27          SECTION 9.  Subsection (b), Section 58.016, Agriculture Code,
 14-1    is amended to read as follows:
 14-2          (b)  On or before August 1 of each year, the administrator
 14-3    shall file with the board the proposed annual budgets for the young
 14-4    farmer loan guarantee program under Subchapter E [Chapter 253], the
 14-5    farm and ranch finance program under Chapter 59, and the programs
 14-6    administered by the board under this chapter for the succeeding
 14-7    fiscal year.  If there is no administrator, the commissioner shall
 14-8    assume the duties of the administrator in connection with
 14-9    preparation of the budget.  The budget must set forth the general
14-10    categories of expected expenditures out of revenues and income of
14-11    the funds administered by the authority and the amount on account
14-12    of each.  On or before September 1 of each year, the board shall
14-13    consider the proposed annual budget and may approve it or amend it.
14-14    Copies of the annual budget certified by the chairman of the board
14-15    shall be promptly filed with the governor and the legislature.  The
14-16    annual budget is not effective until it is filed.  If for any
14-17    reason the authority does not adopt an annual budget before
14-18    September 2, no expenditures may be made from the funds until the
14-19    board approves the annual budget.  The authority may adopt an
14-20    amended annual budget for the current fiscal year, but the amended
14-21    annual budget may not supersede a prior budget until it is filed
14-22    with the governor and the legislature.
14-23          SECTION 10.  Section 58.0172, Agriculture Code, is amended by
14-24    adding Subsection (e) to read as follows:
14-25          (e)  A lending institution is not ineligible to participate
14-26    in the programs administered by the board solely because a member
14-27    of the board is also an officer, director, or employee of the
 15-1    lending institution, provided that a board member shall recuse
 15-2    himself or herself from any action taken by the board on an
 15-3    application involving a lending institution by which the board
 15-4    member is employed or for which the board member serves as an
 15-5    officer or director.
 15-6          SECTION 11.  Section 58.021, Agriculture Code, is amended to
 15-7    read as follows:
 15-8          Sec. 58.021.  Purposes of Authority.  (a)  In order to
 15-9    promote the expansion, development, and diversification of
15-10    production, processing, marketing, and export of Texas agricultural
15-11    products and to promote the development of agriculture-related
15-12    rural businesses, the authority shall design and implement programs
15-13    to provide financial assistance to eligible agricultural
15-14    businesses, including programs:
15-15                (1)  to make or acquire loans to eligible agricultural
15-16    businesses;
15-17                (2)  to make or acquire loans to lenders to enable
15-18    those lenders to make loans to eligible agricultural businesses;
15-19                (3)  to insure, coinsure, and reinsure, in whole or in
15-20    part, loans to eligible agricultural businesses;
15-21                (4)  to guarantee, in whole or in part, loans to
15-22    eligible agricultural businesses; and
15-23                (5)  to administer or participate in programs
15-24    established by another person to provide financial assistance to
15-25    eligible agricultural businesses.
15-26          (b)  The authority's programs shall be designed and
15-27    implemented to provide financial assistance to enable eligible
 16-1    agricultural businesses to finance or refinance costs incurred in
 16-2    connection with the development, increase, improvement, or
 16-3    expansion of production, processing, marketing, or export of Texas
 16-4    agricultural products and for the development of rural
 16-5    agriculture-related businesses, including but not limited to the
 16-6    costs of:
 16-7                (1)  acquisition of and improvements to land or
 16-8    interests in land;
 16-9                (2)  acquisition, construction, rehabilitation,
16-10    operation, and maintenance of buildings, improvements, and
16-11    structures;
16-12                (3)  site preparations;
16-13                (4)  architectural, engineering, legal, and related
16-14    services;
16-15                (5)  acquisition, installation, rehabilitation,
16-16    operation, and maintenance of machinery, equipment, furnishings,
16-17    and facilities;
16-18                (6)  acquisition, processing, or distribution of
16-19    inventory;
16-20                (7)  research and development;
16-21                (8)  financing fees and charges;
16-22                (9)  interest during acquisition or construction;
16-23                (10)  necessary reserve fund;
16-24                (11)  acquisition of licenses, permits, and approvals
16-25    from any governmental entity; [and]
16-26                (12)  pre-export and export expenses; and
16-27                (13)  insect eradication and suppression programs.
 17-1          (c)  Except as otherwise provided by this subsection, the
 17-2    maximum aggregate amount of loans made to or guaranteed, insured,
 17-3    coinsured, or reinsured under this subchapter for a single eligible
 17-4    agricultural business by the authority from funds provided by the
 17-5    authority is $2 million.  The authority may make, guarantee,
 17-6    insure, coinsure, or reinsure a loan for a single eligible
 17-7    agricultural business that results in an aggregate amount exceeding
 17-8    $2 million, but not exceeding $5 million, if the action is approved
 17-9    by a two-thirds vote of the membership of the board.  The authority
17-10    may make, guarantee, participate in, insure, coinsure, or reinsure
17-11    loans to the entity designated to carry out boll weevil eradication
17-12    in accordance with Section 74.1011 in an amount approved by the
17-13    board to enable that entity to execute Subchapter D, Chapter 74.
17-14    The authority may issue an obligation on behalf of, or make,
17-15    guarantee, participate in, insure, coinsure, or reinsure loans to,
17-16    a state agency or an institution of higher education for the
17-17    purpose of the development, improvement, or expansion of an
17-18    agricultural product or an agriculture-related business in an
17-19    amount approved by the board.  The authority may make, guarantee,
17-20    participate in, insure, coinsure, or reinsure loans to an eligible
17-21    agricultural business from the proceeds of revenue bonds issued in
17-22    accordance with Section 58.033 in an amount approved by the board.
17-23          (d) [(e)]  Notwithstanding any other provision of this
17-24    section, the authority may also design and implement programs to
17-25    further rural economic development.
17-26          SECTION 12.  Subsection (a), Section 58.023, Agriculture
17-27    Code, is amended to read as follows:
 18-1          (a)  The board shall adopt rules to establish criteria for
 18-2    determining which eligible agricultural businesses may participate
 18-3    in programs that may be established by the board.  The board's
 18-4    rules must state that the policy of the authority is to provide
 18-5    programs for providing financial assistance to eligible
 18-6    agricultural businesses [that otherwise would not be made and] that
 18-7    the board considers to present a reasonable risk and have a
 18-8    sufficient likelihood of repayment.  In establishing criteria for
 18-9    participation, the board shall give priority to eligible
18-10    agricultural businesses that include producers of Texas
18-11    agricultural products in the ownership of the businesses.  The
18-12    board shall adopt collateral or security requirements to ensure the
18-13    full repayment of that financial assistance and the solvency of any
18-14    program implemented under this chapter.  The board shall approve
18-15    any and all extensions of that financial assistance under this
18-16    chapter, provided that the board may delegate this approval
18-17    authority to the administrator or the commissioner.
18-18          SECTION 13.  Subchapter C, Chapter 58, Agriculture Code, is
18-19    amended by adding Section 58.026 to read as follows:
18-20          Sec. 58.026.  LIMITATION OF LIABILITY FOR CERTAIN
18-21    RECREATIONAL ACTIVITIES.  Nothing in this chapter shall affect the
18-22    applicability of Chapter 75, Civil Practice and Remedies Code.
18-23          SECTION 14.  Chapter 58, Agriculture Code, is amended by
18-24    adding Subchapter E to read as follows:
18-25            SUBCHAPTER E.  YOUNG FARMER LOAN GUARANTEE PROGRAM
18-26          Sec. 58.051.  DEFINITIONS.  In this subchapter:
18-27                (1)  "Commercial lender" means a commercial lending
 19-1    institution chartered by the state or federal government, including
 19-2    a savings and loan association, a credit union, or a Farm Credit
 19-3    System institution.
 19-4                (2)  "Eligible applicant" means a person applying for a
 19-5    loan guarantee under this subchapter who:
 19-6                      (A)  is at least 18 years of age but younger than
 19-7    40 years of age; and
 19-8                      (B)  complies with the application procedures
 19-9    prescribed by this subchapter.
19-10                (3)  "Plan" means the documentation submitted to the
19-11    lender in support of the application.
19-12          Sec. 58.052.  YOUNG FARMER LOAN GUARANTEE PROGRAM.  (a)  The
19-13    board shall administer a loan guarantee program that benefits
19-14    eligible applicants who desire to establish or enhance a farming or
19-15    ranching operation or an agriculture-related business.
19-16          (b)  The board, either directly or through authority
19-17    delegated to the commissioner, may grant to an eligible applicant a
19-18    guarantee of a loan made by a commercial lender for the purposes
19-19    prescribed by this subchapter.  The guarantee amount may not exceed
19-20    the lesser of $250,000 or 90 percent of the loan amount.
19-21          (c)  The aggregate amount guaranteed under this subchapter
19-22    may not exceed twice the amount contained in the young farmer loan
19-23    guarantee account within the Texas agricultural fund.
19-24          (d)  A loan guarantee recipient may use proceeds from the
19-25    loan for working capital for operating a farm or ranch, including
19-26    the lease of facilities and the purchase of machinery and
19-27    equipment, or for any agriculture-related business purpose,
 20-1    including the purchase of real estate, as identified in the plan.
 20-2    A loan guarantee is voidable by the board if the recipient uses
 20-3    loan proceeds for any purposes other than those identified in the
 20-4    plan.  The board shall include this restriction as a condition in
 20-5    each loan guarantee instrument executed under this subchapter.
 20-6          (e)  The board shall adopt an agreement, to be used between a
 20-7    commercial lender and an approved eligible applicant, under which
 20-8    the program provides a payment from money in the young farmer loan
 20-9    guarantee account for the purpose of providing a reduced interest
20-10    rate on a loan guaranteed to a borrower under this subchapter.  The
20-11    board shall adopt rules to implement this subsection.  The maximum
20-12    rate reduction under this subsection shall not exceed three
20-13    percentage points.
20-14          Sec. 58.053.  APPLICATION FOR LOAN GUARANTEE.  (a)  An
20-15    eligible applicant's documentation shall include the following for
20-16    the board's review:
20-17                (1)  the plan, as submitted to the lender, for the
20-18    applicant's proposed farm or ranch operation or agriculture-related
20-19    business to be financed that includes a budget for the proposed
20-20    operation;
20-21                (2)  a completed application for a loan from a
20-22    commercial lender on which an eligible applicant has indicated how
20-23    the loan proceeds will be used to implement the applicant's plan;
20-24    and
20-25                (3)  the signed statement of a loan officer of the
20-26    commercial lender that a loan guarantee is required for approval of
20-27    the loan application.
 21-1          (b)  The board may charge a reasonable application fee for
 21-2    processing an application filed under this section.
 21-3          Sec. 58.054.  BOARD CONSIDERATION OF LOAN GUARANTEE
 21-4    APPLICATION.  After reviewing the material submitted under Section
 21-5    58.053, the board shall consider the following factors in deciding
 21-6    whether to approve an application for a loan guarantee:
 21-7                (1)  the anticipated benefits from granting a loan
 21-8    guarantee to the applicant, including both potential job creation
 21-9    and commercial benefits to the agricultural industry;
21-10                (2)  the applicant's qualifications;
21-11                (3)  the feasibility of the applicant's plan; and
21-12                (4)  other repayment sources available to the
21-13    applicant.
21-14          Sec. 58.055.  DEFAULT.  If the recipient of a loan guarantee
21-15    defaults on a loan that is guaranteed under this subchapter and the
21-16    authority is required to honor its guarantee, the authority,
21-17    through its representative, may bring suit against the defaulting
21-18    party.  Any suit brought by the authority under this section may
21-19    have venue in Travis County.
21-20          Sec. 58.056.  MONEY FOR LOAN GUARANTEE PROGRAM.  The
21-21    authority may accept gifts and grants of money from the federal
21-22    government, local governments, private corporations, or other
21-23    persons for use in the young farmer loan guarantee program.  The
21-24    legislature may appropriate money for the program.
21-25          Sec. 58.057.  YOUNG FARMER LOAN GUARANTEE ACCOUNT.  (a)  The
21-26    young farmer loan guarantee account is an account in the Texas
21-27    agricultural fund.  Money in the account may be used only by the
 22-1    authority for the purpose of making or administering loan
 22-2    guarantees under this subchapter.
 22-3          (b)  The account consists of funds and transfers made to the
 22-4    account, grants and donations made for the purposes of the young
 22-5    farmer loan guarantee program, income earned on money in the
 22-6    account, and any other money received under this subchapter.
 22-7    Notwithstanding Section 404.071, Government Code, income and
 22-8    interest earned on money in the account shall be deposited to the
 22-9    credit of the account.  The account is exempt from the application
22-10    of Section 403.095, Government Code.
22-11          (c)  The board may spend not more than $100,000 during each
22-12    fiscal year from income earned on the account and from application
22-13    fees collected by the authority under Section 58.053 to pay the
22-14    costs of administering the program.
22-15          (d)  The board shall attempt to administer the fund in a
22-16    manner that makes private donations to the fund an eligible
22-17    itemized deduction for federal income taxation purposes.
22-18          (e)  The board has the same authority in administering the
22-19    young farmer loan guarantee program as it has in administering
22-20    other programs established by this chapter.
22-21          SECTION 15.  Subsection (b), Section 502.174, Transportation
22-22    Code, is amended to read as follows:
22-23          (b)  The county assessor-collector shall send an assessment
22-24    collected under this section to the comptroller, at the time and in
22-25    the manner prescribed by the Texas Agricultural Finance Authority,
22-26    for deposit in the Texas agricultural fund [general revenue fund]
22-27    to the credit of the young farmer loan guarantee account.
 23-1          SECTION 16.  Sections 44.004, 44.005, 44.006, and 44.011 and
 23-2    Chapter 253, Agriculture Code, are repealed.
 23-3          SECTION 17.  Section 7 of this Act, adding Chapter 46,
 23-4    Agriculture Code, takes effect only if a specific appropriation for
 23-5    the implementation of that section is provided in H.B. No. 1
 23-6    (General Appropriations Act), Acts of the 76th Legislature, Regular
 23-7    Session, 1999.  If no specific appropriation is provided in H.B.
 23-8    No. 1, the General Appropriations Act, Section 7 of this Act,
 23-9    adding Chapter 46, Agriculture Code, has no effect.
23-10          SECTION 18.  The importance of this legislation and the
23-11    crowded condition of the calendars in both houses create an
23-12    emergency and an imperative public necessity that the
23-13    constitutional rule requiring bills to be read on three several
23-14    days in each house be suspended, and this rule is hereby suspended,
23-15    and that this Act take effect and be in force from and after its
23-16    passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3050 was passed by the House on April
         20, 1999, by the following vote:  Yeas 124, Nays 17, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 3050 on May 22, 1999, by the following vote:  Yeas 141, Nays 0,
         1 present, not voting; and that the House adopted H.C.R. No. 302
         authorizing certain corrections in H.B. No. 3050 on May 26, 1999,
         by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3050 was passed by the Senate, with
         amendments, on May 20, 1999, by the following vote:  Yeas 27, Nays
         2; and that the Senate adopted H.C.R. No. 302 authorizing certain
         corrections in H.B. No. 3050 on May 26, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor