76R10589 T                           
         By Counts, Swinford, Junell                           H.B. No. 3050
         Substitute the following for H.B. No. 3050:
         By Hardcastle                                     C.S.H.B. No. 3050
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the administration of certain loan programs by the
 1-3     Texas Agricultural Finance Authority and to the promotion of the
 1-4     development of agriculture-related rural businesses.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 44.001, Agriculture Code, is amended to
 1-7     read as follows:
 1-8           Sec. 44.001.  Definitions.  In this chapter:
 1-9                 (1)  ["Small business incubator" means a nonprofit
1-10     development agency that provides concentrated business assistance
1-11     services to new small agricultural enterprises.]
1-12                 [(2)]  "Eligible lending institution" means a financial
1-13     institution that makes commercial loans, is a depository of state
1-14     funds, and agrees to participate in the linked deposit program and
1-15     to provide collateral equal to the amount of linked deposits placed
1-16     with it.
1-17                 (2) [(3)]  "Eligible borrower" means a person who is in
1-18     the business or entering the business of:
1-19                       (A)  processing and marketing agricultural crops
1-20     in this state;
1-21                       (B)  producing alternative agricultural crops in
1-22     this state;
1-23                       (C)  producing agricultural crops in this state
1-24     the production of which has declined [markedly] because of natural
 2-1     disasters; or
 2-2                       (D)  producing agricultural crops in this state
 2-3     using water conservation equipment for agricultural production
 2-4     purposes.
 2-5                 (3) [(4)]  "Alternative agricultural crops" means crops
 2-6     not customarily grown in this state but that could feasibly be
 2-7     produced in this state.
 2-8                 (4) [(5)]  "Linked deposit" means a time deposit
 2-9     governed by a written deposit agreement between the state and an
2-10     eligible lending institution that provides:
2-11                       (A)  that the eligible lending institution pay
2-12     interest on the deposit at a rate that is not less than the greater
2-13     of:
2-14                             (i)  the current market rate of a United
2-15     States treasury bill or note of comparable maturity minus two
2-16     percent; or
2-17                             (ii)  1.5 percent;
2-18                       (B)  that the state not withdraw any part of the
2-19     deposit before the expiration of a period set by a written advance
2-20     notice of the intention to withdraw; and
2-21                       (C)  that the eligible lending institution agree
2-22     to lend the value of the deposit to an eligible borrower at a
2-23     maximum rate that is the linked deposit [current market] rate [of a
2-24     United States treasury bill or note of comparable maturity] plus a
2-25     maximum of four percent.
2-26                 (5) [(6)]  "Microenterprise" means a small business
2-27     located in a rural area in which the owner operates [and the
 3-1     owner's family provide the bulk of the management and a significant
 3-2     amount of the labor required to operate] the enterprise.  Priority
 3-3     under this chapter shall be given to microenterprises which
 3-4     demonstrate significant potential for expansion that will provide
 3-5     jobs in economically depressed rural communities or to currently
 3-6     unemployed rural residents.
 3-7                 (6) [(7)]  "Rural area" means an area which is
 3-8     predominantly rural in character, being one which the board defines
 3-9     and declares to be a rural area.
3-10                 (7) [(8)]  "Board" means the board of directors of the
3-11     Texas Agricultural Finance Authority in Chapter 58 [of this code].
3-12           SECTION 2.  Section 44.002, Agriculture Code, is amended to
3-13     read as follows:
3-14           Sec. 44.002.  CREATION OF MICROENTERPRISE PROGRAMS.
3-15     [(a)  The board shall create an agricultural diversification
3-16     program to:]
3-17                 [(1)  support commercial use of agricultural research
3-18     and innovation;]
3-19                 [(2)  increase the capabilities of community and
3-20     regional organizations to train and assist new or expanding
3-21     agricultural-based businesses;]
3-22                 [(3)  start small business incubators; and]
3-23                 [(4)  encourage private commercial loans for enhanced
3-24     production, processing, and marketing of certain agricultural
3-25     crops.]
3-26           [(b)]  The board shall create a microenterprise support
3-27     program to provide financial assistance to microenterprises in
 4-1     rural areas.
 4-2           SECTION 3.  Section 44.0045, Agriculture Code, is amended to
 4-3     read as follows:
 4-4           Sec. 44.0045.  Microenterprise Support Program Loans.
 4-5     (a)  The board shall administer a loan program supporting
 4-6     established and proposed microenterprises in rural areas by
 4-7     providing loans to expand, modernize, or otherwise improve
 4-8     established microenterprises and to begin operation of proposed
 4-9     microenterprises.
4-10           (b)  An applicant applying on behalf of a [A] proposed
4-11     microenterprise [loan applicant] may receive a loan of up to
4-12     $25,000 [$15,000] to begin operation of the microenterprise.
4-13           (c)  An applicant applying on behalf of an established
4-14     microenterprise [loan applicant] may receive a loan of up to
4-15     $50,000 [$30,000] to expand, modernize, or otherwise improve an
4-16     established operation [microenterprise].
4-17           (d)  The board [of the microenterprise support program] may
4-18     reserve a portion of the total fund for use in cooperative loan
4-19     programs established with the participation of other public or
4-20     private lenders.
4-21           [(e)  Financial assistance in the form of a loan may not be
4-22     used to refinance an existing debt of a proposed or existing
4-23     microenterprise.]
4-24           SECTION 4.  Section 44.007, Agriculture Code, is amended to
4-25     read as follows:
4-26           Sec. 44.007.  Linked Deposit Program.  (a)  The board shall
4-27     establish a linked deposit program to encourage commercial lending
 5-1     for the enhanced production, processing, and marketing of certain
 5-2     agricultural crops and for the financing of water conservation
 5-3     projects or equipment for agricultural production purposes.
 5-4           (b)  The board shall approve or disapprove any and all
 5-5     applications under this chapter, provided that the board may
 5-6     delegate this authority to the commissioner.
 5-7           (c)  The board shall promulgate rules for the loan portion of
 5-8     the linked deposit program.  The rules must include:
 5-9                 (1)  a list of the categories of crops customarily
5-10     grown in Texas, with consideration given to the Texas Agricultural
5-11     Statistics Service information available and relevant to this
5-12     determination;
5-13                 (2)  a list of crops that are alternative agricultural
5-14     crops, with consideration given to the Texas Agricultural
5-15     Statistics Service information available and relevant to this
5-16     determination;
5-17                 (3)  identification of criteria for a project eligible
5-18     for [a list of crops the production of which has declined markedly
5-19     because of] natural disaster assistance [disasters]; and
5-20                 (4)  identification of projects and types of equipment
5-21     considered as water conservation projects or equipment for
5-22     agricultural production purposes.
5-23           (d) [(c)]  In order to participate in the linked deposit
5-24     program, an eligible lending institution may solicit loan
5-25     applications from eligible borrowers.
5-26           (e) [(d)]  After reviewing an application and determining
5-27     that the applicant is eligible and creditworthy, the eligible
 6-1     lending institution shall send the application for a linked deposit
 6-2     loan to [the board or] the administrator of the Texas Agricultural
 6-3     Finance Authority.
 6-4           (f) [(e)]  The eligible lending institution shall certify the
 6-5     interest rate applicable to the specific eligible borrower and
 6-6     attach it to the application sent to [the board or] the
 6-7     administrator of the Texas Agricultural Finance Authority.
 6-8           (g) [(f)]  After reviewing each linked deposit loan
 6-9     application, the board or the commissioner shall recommend to the
6-10     comptroller the acceptance or rejection of the application.
6-11           (h) [(g)]  After acceptance of the application, the
6-12     comptroller shall place a linked deposit with the applicable
6-13     eligible lending institution for the period the comptroller
6-14     considers appropriate.  The comptroller may not place a deposit for
6-15     a period extending beyond the state fiscal biennium in which it is
6-16     placed.  Subject to the limitation described by Section 44.010 [of
6-17     this chapter], the comptroller may place time deposits at an
6-18     interest rate described by Section 44.001(4) [44.001(5)(A) of this
6-19     chapter].
6-20           (i) [(h)]  Before the placing of a linked deposit, the
6-21     eligible lending institution and the state, represented by the
6-22     comptroller [and the board], shall enter into a written deposit
6-23     agreement containing the conditions on which the linked deposit is
6-24     made.
6-25           (j) [(i)]  If a lending institution holding linked deposits
6-26     ceases to be a state depository, the comptroller may withdraw the
6-27     linked deposits.
 7-1           (k) [(j)]  The board may adopt rules that create a procedure
 7-2     for determining priorities for loans granted under this chapter.
 7-3     Each rule adopted must state the policy objective of the rule.  The
 7-4     policy objectives of the rules may include preferences to:
 7-5                 (1)  achieve adequate geographic distribution of loans;
 7-6                 (2)  assist certain industries;
 7-7                 (3)  encourage certain practices including water
 7-8     conservation; and
 7-9                 (4)  encourage value-added processing of agricultural
7-10     products.
7-11           (l) [(k)]  A lending institution is not ineligible to
7-12     participate in the linked deposit program solely because a member
7-13     of the board is also an officer, director, or employee of the
7-14     lending institution, provided that a board member shall recuse
7-15     himself or herself from any action taken by the board on an
7-16     application involving a lending institution by which the board
7-17     member is employed or for which the board member serves as an
7-18     officer or director.
7-19           SECTION 5.  Section 44.010, Agriculture Code, is amended to
7-20     read as follows:
7-21           Sec. 44.010.  Limitations in Program.  (a)  At any one time,
7-22     not more than $25 [$15] million, of which $10 million may only be
7-23     used to finance water conservation projects, may be placed in
7-24     linked deposits under this chapter.
7-25           (b)  The maximum amount of a loan under this chapter to
7-26     process and market Texas agricultural crops is $500,000.  The
7-27     maximum amount of a loan under this chapter to produce alternative
 8-1     agricultural crops in this state is $250,000.  The maximum amount
 8-2     of a loan under this chapter to finance water conservation projects
 8-3     or equipment for agricultural production purposes is $250,000.  The
 8-4     maximum amount of a loan under this chapter to finance production
 8-5     of a crop declared eligible for natural disaster relief, as defined
 8-6     by board rule, is $250,000.
 8-7           (c)  A loan granted pursuant to this chapter may be used for
 8-8     any agriculture-related operating expense, including the purchase
 8-9     or lease of land or fixed assets acquisition or improvement, as
8-10     identified in the application [must be applied to the purchase or
8-11     lease of land, equipment, seed, fertilizer, direct marketing
8-12     facilities, or processing facilities, or to payment for
8-13     professional services].
8-14           (d)  A loan granted pursuant to this chapter[, when used to
8-15     finance eligible water conservation projects or equipment,] may be
8-16     applied to existing debt [resulting from the financing of water
8-17     conservation projects or equipment for agricultural purposes as
8-18     defined by board rule].
8-19           SECTION 6.  Sections 44.012 and 44.013, Agriculture Code, are
8-20     amended to read as follows:
8-21           Sec. 44.012.  MONEY FOR [GRANTS AND] LOANS.  The board may
8-22     accept gifts and grants of money from the federal government, local
8-23     governments, or private corporations or other persons for use in
8-24     making [grants and] loans under [the agricultural diversification
8-25     program and] the rural microenterprise support program.  The
8-26     legislature may appropriate money for [grants and] loans under the
8-27     program [programs].
 9-1           Sec. 44.013.  Rural Microenterprise Development Fund.  The
 9-2     rural microenterprise development fund is a fund in the
 9-3     comptroller's office [state treasury].  Money appropriated to the
 9-4     board [Agricultural Diversification Board] for use in making loans
 9-5     under the rural microenterprise support program, other amounts
 9-6     received by the state for loans made under the program, and other
 9-7     money received by the board for the program and required by the
 9-8     board to be deposited in the fund shall be deposited to the credit
 9-9     of the fund.  The fund shall operate as a revolving fund, the
9-10     contents of which shall be applied and reapplied for the purposes
9-11     of the rural microenterprise support program.
9-12           SECTION 7.  Section 58.002, Agriculture Code, is amended by
9-13     amending Subdivisions (1) and (7) and adding Subdivision (9) to
9-14     read as follows:
9-15                 (1)  "Agricultural business" means:
9-16                       (A)  a business that is or proposes to be engaged
9-17     in producing, processing, marketing, or exporting an agricultural
9-18     product;
9-19                       (B)  an eligible applicant as defined in
9-20     Subchapter E;
9-21                       (C)  the entity designated to carry out boll
9-22     weevil eradication in accordance with Section 74.1011;
9-23                       (D)  any agriculture-related business in rural
9-24     areas of Texas including a business that provides recreational
9-25     activities, including hiking, fishing, hunting, or any other
9-26     activity associated with the enjoyment of nature or the outdoors on
9-27     agricultural land; or
 10-1                      (E)  a state agency or an institution of higher
 10-2    education that is engaged in producing an agricultural product.
 10-3                (7)  "Eligible agricultural business" means an
 10-4    agricultural business having a [its principal] place of business in
 10-5    this state.
 10-6                (9)  "Rural area" means an area which is predominately
 10-7    rural in character, being one which the board defines and declares
 10-8    to be a rural area.
 10-9          SECTION 8.  Subsection (b), Section 58.016, Agriculture Code,
10-10    is amended to read as follows:
10-11          (b)  On or before August 1 of each year, the administrator
10-12    shall file with the board the proposed annual budgets for the young
10-13    farmer loan guarantee program under Subchapter E [Chapter 253], the
10-14    farm and ranch finance program under Chapter 59, and the programs
10-15    administered by the board under this chapter for the succeeding
10-16    fiscal year.  If there is no administrator, the commissioner shall
10-17    assume the duties of the administrator in connection with
10-18    preparation of the budget.  The budget must set forth the general
10-19    categories of expected expenditures out of revenues and income of
10-20    the funds administered by the authority and the amount on account
10-21    of each.  On or before September 1 of each year, the board shall
10-22    consider the proposed annual budget and may approve it or amend it.
10-23    Copies of the annual budget certified by the chairman of the board
10-24    shall be promptly filed with the governor and the legislature.  The
10-25    annual budget is not effective until it is filed.  If for any
10-26    reason the authority does not adopt an annual budget before
10-27    September 2, no expenditures may be made from the funds until the
 11-1    board approves the annual budget.  The authority may adopt an
 11-2    amended annual budget for the current fiscal year, but the amended
 11-3    annual budget may not supersede a prior budget until it is filed
 11-4    with the governor and the legislature.
 11-5          SECTION 9.  Section 58.0172, Agriculture Code, is amended by
 11-6    adding Subsection (e) to read as follows:
 11-7          (e)  A lending institution is not ineligible to participate
 11-8    in the programs administered by the board solely because a member
 11-9    of the board is also an officer, director, or employee of the
11-10    lending institution, provided that a board member shall recuse
11-11    himself or herself from any action taken by the board on an
11-12    application involving a lending institution by which the board
11-13    member is employed or for which the board member serves as an
11-14    officer or director.
11-15          SECTION 10.  Section 58.021, Agriculture Code, is amended to
11-16    read as follows:
11-17          Sec. 58.021.  Purposes of Authority.  (a)  In order to
11-18    promote the expansion, development, and diversification of
11-19    production, processing, marketing, and export of Texas agricultural
11-20    products and to promote the development of agriculture-related
11-21    rural businesses, the authority shall design and implement programs
11-22    to provide financial assistance to eligible agricultural
11-23    businesses, including programs:
11-24                (1)  to make or acquire loans to eligible agricultural
11-25    businesses;
11-26                (2)  to make or acquire loans to lenders to enable
11-27    those lenders to make loans to eligible agricultural businesses;
 12-1                (3)  to insure, coinsure, and reinsure, in whole or in
 12-2    part, loans to eligible agricultural businesses;
 12-3                (4)  to guarantee, in whole or in part, loans to
 12-4    eligible agricultural businesses; and
 12-5                (5)  to administer or participate in programs
 12-6    established by another person to provide financial assistance to
 12-7    eligible agricultural businesses.
 12-8          (b)  The authority's programs shall be designed and
 12-9    implemented to provide financial assistance to enable eligible
12-10    agricultural businesses to finance or refinance costs incurred in
12-11    connection with the development, increase, improvement, or
12-12    expansion of production, processing, marketing, or export of Texas
12-13    agricultural products and for the development of rural
12-14    agriculture-related businesses, including but not limited to the
12-15    costs of:
12-16                (1)  acquisition of and improvements to land or
12-17    interests in land;
12-18                (2)  acquisition, construction, rehabilitation,
12-19    operation, and maintenance of buildings, improvements, and
12-20    structures;
12-21                (3)  site preparations;
12-22                (4)  architectural, engineering, legal, and related
12-23    services;
12-24                (5)  acquisition, installation, rehabilitation,
12-25    operation, and maintenance of machinery, equipment, furnishings,
12-26    and facilities;
12-27                (6)  acquisition, processing, or distribution of
 13-1    inventory;
 13-2                (7)  research and development;
 13-3                (8)  financing fees and charges;
 13-4                (9)  interest during acquisition or construction;
 13-5                (10)  necessary reserve fund;
 13-6                (11)  acquisition of licenses, permits, and approvals
 13-7    from any governmental entity; [and]
 13-8                (12)  pre-export and export expenses; and
 13-9                (13)  insect eradication and suppression programs.
13-10          (c)  Except as otherwise provided by this subsection, the
13-11    maximum aggregate amount of loans made to or guaranteed, insured,
13-12    coinsured, or reinsured under this subchapter for a single eligible
13-13    agricultural business by the authority from funds provided by the
13-14    authority is $2 million.  The authority may make, guarantee,
13-15    insure, coinsure, or reinsure a loan for a single eligible
13-16    agricultural business that results in an aggregate amount exceeding
13-17    $2 million, but not exceeding $5 million, if the action is approved
13-18    by a two-thirds vote of the membership of the board.  The authority
13-19    may make, guarantee, participate in, insure, coinsure, or reinsure
13-20    loans to the entity designated to carry out boll weevil eradication
13-21    in accordance with Section 74.1011 in an amount approved by the
13-22    board to enable that entity to execute Subchapter D, Chapter 74.
13-23    The authority may issue an obligation on behalf of, or make,
13-24    guarantee, participate in, insure, coinsure, or reinsure loans to,
13-25    a state agency or an institution of higher education for the
13-26    purpose of the development, improvement, or expansion of an
13-27    agricultural product or an agriculture-related business in an
 14-1    amount approved by the board.
 14-2          (d) [(e)]  Notwithstanding any other provision of this
 14-3    section, the authority may also design and implement programs to
 14-4    further rural economic development.
 14-5          SECTION 11.  Subsection (a), Section 58.023, Agriculture
 14-6    Code, is amended to read as follows:
 14-7          (a)  The board shall adopt rules to establish criteria for
 14-8    determining which eligible agricultural businesses may participate
 14-9    in programs that may be established by the board.  The board's
14-10    rules must state that the policy of the authority is to provide
14-11    programs for providing financial assistance to eligible
14-12    agricultural businesses [that otherwise would not be made and] that
14-13    the board considers to present a reasonable risk and have a
14-14    sufficient likelihood of repayment.  In establishing criteria for
14-15    participation, the board shall give priority to eligible
14-16    agricultural businesses that include producers of Texas
14-17    agricultural products in the ownership of the businesses.  The
14-18    board shall adopt collateral or security requirements to ensure the
14-19    full repayment of that financial assistance and the solvency of any
14-20    program implemented under this chapter.  The board shall approve
14-21    any and all extensions of that financial assistance under this
14-22    chapter, provided that the board may delegate this approval
14-23    authority to the administrator or the commissioner.
14-24          SECTION 12.  Subchapter C, Chapter 58, Agriculture Code, is
14-25    amended by adding Section 58.026 to read as follows:
14-26          Sec. 58.026.  LIMITATION OF LIABILITY FOR CERTAIN
14-27    RECREATIONAL ACTIVITIES.  The provisions of Chapter 75, Civil
 15-1    Practice and Remedies Code, apply to eligible recreational
 15-2    activities which are funded under this chapter.
 15-3          SECTION 13.  Chapter 58, Agriculture Code, is amended by
 15-4    adding Subchapter E to read as follows:
 15-5            SUBCHAPTER E.  YOUNG FARMER LOAN GUARANTEE PROGRAM
 15-6          Sec. 58.051.  DEFINITIONS.  In this subchapter:
 15-7                (1)  "Commercial lender" means a commercial lending
 15-8    institution chartered by the state or federal government, including
 15-9    a savings and loan association, a credit union, or a Farm Credit
15-10    System institution.
15-11                (2)  "Eligible applicant" means a person applying for a
15-12    loan guarantee under this subchapter who:
15-13                      (A)  is at least 18 years of age but younger than
15-14    40 years of age; and
15-15                      (B)  complies with the application procedures
15-16    prescribed by this subchapter.
15-17                (3)  "Plan" means the documentation submitted to the
15-18    lender in support of the application.
15-19          Sec. 58.052.  YOUNG FARMER LOAN GUARANTEE PROGRAM.  (a)  The
15-20    board shall administer a loan guarantee program that benefits
15-21    eligible applicants who desire to establish or enhance a farming or
15-22    ranching operation or an agriculture-related business.
15-23          (b)  The board, either directly or through authority
15-24    delegated to the commissioner, may grant to an eligible applicant a
15-25    guarantee of a loan made by a commercial lender for the purposes
15-26    prescribed by this subchapter.  The guarantee amount may not exceed
15-27    the lesser of $250,000 or 90 percent of the loan amount.
 16-1          (c)  The aggregate amount guaranteed under this subchapter
 16-2    may not exceed twice the amount contained in the young farmer loan
 16-3    guarantee account within the Texas agricultural fund.
 16-4          (d)  A loan guarantee recipient may use proceeds from the
 16-5    loan for working capital for operating a farm or ranch, including
 16-6    the lease of facilities and the purchase of machinery and
 16-7    equipment, or for any agriculture-related business purpose,
 16-8    including the purchase of real estate, as identified in the plan.
 16-9    A loan guarantee is voidable by the board if the recipient uses
16-10    loan proceeds for any purposes other than those identified in the
16-11    plan.  The board shall include this restriction as a condition in
16-12    each loan guarantee instrument executed under this subchapter.
16-13          (e)  The board shall adopt an agreement, to be used between a
16-14    commercial lender and an approved eligible applicant, under which
16-15    the program provides a payment from money in the young farmer loan
16-16    guarantee account for the purpose of providing a reduced interest
16-17    rate on a loan guaranteed to a borrower under this subchapter.  The
16-18    board shall adopt rules to implement this subsection.  The maximum
16-19    rate reduction under this subsection shall not exceed three
16-20    percentage points.
16-21          Sec. 58.053.  APPLICATION FOR LOAN GUARANTEE.  (a)  An
16-22    eligible applicant's documentation shall include the following for
16-23    the board's review:
16-24                (1)  the plan, as submitted to the lender, for the
16-25    applicant's proposed farm or ranch operation or agriculture-related
16-26    business to be financed that includes a budget for the proposed
16-27    operation;
 17-1                (2)  a completed application for a loan from a
 17-2    commercial lender on which an eligible applicant has indicated how
 17-3    the loan proceeds will be used to implement the applicant's plan;
 17-4    and
 17-5                (3)  the signed statement of a loan officer of the
 17-6    commercial lender that a loan guarantee is required for approval of
 17-7    the loan application.
 17-8          (c)  The board may charge a reasonable application fee for
 17-9    processing an application filed under this section.
17-10          Sec. 58.054.  BOARD CONSIDERATION OF LOAN GUARANTEE
17-11    APPLICATION.  After reviewing the material submitted under Section
17-12    58.053, the board shall consider the following factors in deciding
17-13    whether to approve an application for a loan guarantee:
17-14                (1)  the anticipated benefits from granting a loan
17-15    guarantee to the applicant, including both potential job creation
17-16    and commercial benefits to the agricultural industry;
17-17                (2)  the applicant's qualifications;
17-18                (3)  the feasibility of the applicant's plan; and
17-19                (4)  other repayment sources available to the
17-20    applicant.
17-21          Sec. 58.055.  DEFAULT.  If the recipient of a loan guarantee
17-22    defaults on a loan that is guaranteed under this subchapter and the
17-23    authority is required to honor its guarantee, the authority,
17-24    through its representative, may bring suit against the defaulting
17-25    party.  Any suit brought by the authority under this section may
17-26    have venue in Travis County.
17-27          Sec. 58.056.  MONEY FOR LOAN GUARANTEE PROGRAM.  The
 18-1    authority may accept gifts and grants of money from the federal
 18-2    government, local governments, private corporations, or other
 18-3    persons for use in the young farmer loan guarantee program.  The
 18-4    legislature may appropriate money for the program.
 18-5          Sec. 58.057.  YOUNG FARMER LOAN GUARANTEE ACCOUNT.  (a)  The
 18-6    young farmer loan guarantee account is an account in the Texas
 18-7    agricultural fund.  Money in the account may be used only by the
 18-8    authority for the purpose of making or administering loan
 18-9    guarantees under this subchapter.
18-10          (b)  The account consists of funds and transfers made to the
18-11    account, grants and donations made for the purposes of the young
18-12    farmer loan guarantee program, income earned on money in the
18-13    account, and any other money received under this subchapter.
18-14    Notwithstanding Section 404.071, Government Code, income and
18-15    interest earned on money in the account shall be deposited to the
18-16    credit of the account.  The account is exempt from the application
18-17    of Section 403.095, Government Code.
18-18          (c)  The board may spend not more than $100,000 during each
18-19    fiscal year from income earned on the account and from application
18-20    fees collected by the authority under Section 58.053 to pay the
18-21    costs of administering the program.
18-22          (d)  The board shall attempt to administer the fund in a
18-23    manner that makes private donations to the fund an eligible
18-24    itemized deduction for federal income taxation purposes.
18-25          (e)  The board has the same authority in administering the
18-26    young farmer loan guarantee program as it has in administering
18-27    other programs established by this chapter.
 19-1          SECTION 14.  Subsection (b), Section 502.174, Transportation
 19-2    Code, is amended to read as follows:
 19-3          (b)  The county assessor-collector shall send an assessment
 19-4    collected under this section to the comptroller, at the time and in
 19-5    the manner prescribed by the Texas Agricultural Finance Authority,
 19-6    for deposit in the Texas agricultural fund [general revenue fund]
 19-7    to the credit of the young farmer loan guarantee account.
 19-8          SECTION 15.  Sections 44.004, 44.005, 44.006, and 44.011 and
 19-9    Chapter 253, Agriculture Code, are repealed.
19-10          SECTION 16.  The importance of this legislation and the
19-11    crowded condition of the calendars in both houses create an
19-12    emergency and an imperative public necessity that the
19-13    constitutional rule requiring bills to be read on three several
19-14    days in each house be suspended, and this rule is hereby suspended,
19-15    and that this Act take effect and be in force from and after its
19-16    passage, and it is so enacted.