By:  Duncan                                           S.B. No. 1430
         99S0821/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the administration of certain loan programs by the
 1-2     Texas Agricultural Finance Authority and to the promotion of the
 1-3     development of agriculture-related rural businesses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 44.001, Agriculture Code, is amended to
 1-6     read as follows:
 1-7           Sec. 44.001.  Definitions.  In this chapter:
 1-8                 (1)  ["Small business incubator" means a nonprofit
 1-9     development agency that provides concentrated business assistance
1-10     services to new small agricultural enterprises.]
1-11                 [(2)]  "Eligible lending institution" means a financial
1-12     institution that makes commercial loans, is a depository of state
1-13     funds, and agrees to participate in the linked deposit program and
1-14     to provide collateral equal to the amount of linked deposits placed
1-15     with it.
1-16                 (2) [(3)]  "Eligible borrower" means a person who is in
1-17     the business or entering the business of:
1-18                       (A)  processing and marketing agricultural crops
1-19     in this state;
1-20                       (B)  producing alternative agricultural crops in
1-21     this state;
1-22                       (C)  producing agricultural crops in this state
1-23     the production of which has declined [markedly] because of natural
1-24     disasters; or
 2-1                       (D)  producing agricultural crops in this state
 2-2     using water conservation equipment for agricultural production
 2-3     purposes.
 2-4                 (3) [(4)]  "Alternative agricultural crops" means crops
 2-5     not customarily grown in this state but that could feasibly be
 2-6     produced in this state.
 2-7                 (4) [(5)]  "Linked deposit" means a time deposit
 2-8     governed by a written deposit agreement between the state and an
 2-9     eligible lending institution that provides:
2-10                       (A)  that the eligible lending institution pay
2-11     interest on the deposit at a rate that is not less than the greater
2-12     of:
2-13                             (i)  the current market rate of a United
2-14     States treasury bill or note of comparable maturity minus two
2-15     percent; or
2-16                             (ii)  1.5 percent;
2-17                       (B)  that the state not withdraw any part of the
2-18     deposit before the expiration of a period set by a written advance
2-19     notice of the intention to withdraw; and
2-20                       (C)  that the eligible lending institution agree
2-21     to lend the value of the deposit to an eligible borrower at a
2-22     maximum rate that is the linked deposit [current market] rate [of a
2-23     United States treasury bill or note of comparable maturity] plus a
2-24     maximum of four percent.
2-25                 (5) [(6)]  "Microenterprise" means a small business
2-26     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
 4-1     program to provide financial assistance to microenterprises in
 4-2     rural areas.
 4-3           SECTION 3.  Section 44.0045, Agriculture Code, is amended to
 4-4     read as follows:
 4-5           Sec. 44.0045.  Microenterprise Support Program Loans.
 4-6     (a)  The board shall administer a loan program supporting
 4-7     established and proposed microenterprises in rural areas by
 4-8     providing loans to expand, modernize, or otherwise improve
 4-9     established microenterprises and to begin operation of proposed
4-10     microenterprises.
4-11           (b)  An applicant applying on behalf of a [A] proposed
4-12     microenterprise [loan applicant] may receive a loan of up to
4-13     $25,000 [$15,000] to begin operation of the microenterprise.
4-14           (c)  An applicant applying on behalf of an established
4-15     microenterprise [loan applicant] may receive a loan of up to
4-16     $50,000 [$30,000] to expand, modernize, or otherwise improve an
4-17     established operation [microenterprise].
4-18           (d)  The board of the microenterprise support program may
4-19     reserve a portion of the total fund for use in cooperative loan
4-20     programs established with the participation of other public or
4-21     private lenders.
4-22           [(e)  Financial assistance in the form of a loan may not be
4-23     used to refinance an existing debt of a proposed or existing
4-24     microenterprise.]
4-25           SECTION 4.  Section 44.007, Agriculture Code, is amended to
4-26     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
 6-1     applications from eligible borrowers.
 6-2           (e) [(d)]  After reviewing an application and determining
 6-3     that the applicant is eligible and creditworthy, the eligible
 6-4     lending institution shall send the application for a linked deposit
 6-5     loan to [the board or] the administrator of the Texas Agricultural
 6-6     Finance Authority.
 6-7           (f) [(e)]  The eligible lending institution shall certify the
 6-8     interest rate applicable to the specific eligible borrower and
 6-9     attach it to the application sent to [the board or] the
6-10     administrator of the Texas Agricultural Finance Authority.
6-11           (g) [(f)]  After reviewing each linked deposit loan
6-12     application, the board or the commissioner shall recommend to the
6-13     comptroller the acceptance or rejection of the application.
6-14           (h) [(g)]  After acceptance of the application, the
6-15     comptroller shall place a linked deposit with the applicable
6-16     eligible lending institution for the period the comptroller
6-17     considers appropriate.  The comptroller may not place a deposit for
6-18     a period extending beyond the state fiscal biennium in which it is
6-19     placed.  Subject to the limitation described by Section 44.010 [of
6-20     this chapter], the comptroller may place time deposits at an
6-21     interest rate described by Section 44.001(4) [44.001(5)(A) of this
6-22     chapter].
6-23           (i) [(h)]  Before the placing of a linked deposit, the
6-24     eligible lending institution and the state, represented by the
6-25     comptroller [and the board], shall enter into a written deposit
6-26     agreement containing the conditions on which the linked deposit is
 7-1     made.
 7-2           (j) [(i)]  If a lending institution holding linked deposits
 7-3     ceases to be a state depository, the comptroller may withdraw the
 7-4     linked deposits.
 7-5           (k) [(j)]  The board may adopt rules that create a procedure
 7-6     for determining priorities for loans granted under this chapter.
 7-7     Each rule adopted must state the policy objective of the rule.  The
 7-8     policy objectives of the rules may include preferences to:
 7-9                 (1)  achieve adequate geographic distribution of loans;
7-10                 (2)  assist certain industries;
7-11                 (3)  encourage certain practices including water
7-12     conservation; and
7-13                 (4)  encourage value-added processing of agricultural
7-14     products.
7-15           (l) [(k)]  A lending institution is not ineligible to
7-16     participate in the linked deposit program solely because a member
7-17     of the board is also an officer, director, or employee of the
7-18     lending institution, provided that a board member shall recuse
7-19     himself or herself from any action taken by the board on an
7-20     application involving a lending institution by which the board
7-21     member is employed or for which the board member serves as an
7-22     officer or director.
7-23           SECTION 5.  Section 44.010, Agriculture Code, is amended to
7-24     read as follows:
7-25           Sec. 44.010.  Limitations in Program.  (a)  At any one time,
7-26     not more than $25 [$15] million, of which $10 million may only be
 8-1     used to finance water conservation projects, may be placed in
 8-2     linked deposits under this chapter.
 8-3           (b)  The maximum amount of a loan under this chapter to
 8-4     process and market Texas agricultural crops is $500,000.  The
 8-5     maximum amount of a loan under this chapter to produce alternative
 8-6     agricultural crops in this state is $250,000.  The maximum amount
 8-7     of a loan under this chapter to finance water conservation projects
 8-8     or equipment for agricultural production purposes is $250,000.  The
 8-9     maximum amount of a loan under this chapter to finance production
8-10     of a crop declared eligible for natural disaster relief, as defined
8-11     by board rule, is $250,000.
8-12           (c)  A loan granted pursuant to this chapter may be used for
8-13     any agriculture-related operating expense, including the purchase
8-14     or lease of land or fixed assets acquisition or improvement, as
8-15     identified in the application [must be applied to the purchase or
8-16     lease of land, equipment, seed, fertilizer, direct marketing
8-17     facilities, or processing facilities, or to payment for
8-18     professional services].
8-19           (d)  A loan granted pursuant to this chapter[, when used to
8-20     finance eligible water conservation projects or equipment,] may be
8-21     applied to existing debt [resulting from the financing of water
8-22     conservation projects or equipment for agricultural purposes as
8-23     defined by board rule].
8-24           SECTION 6.  Sections 44.012 and 44.013, Agriculture Code, are
8-25     amended to read as follows:
8-26           Sec. 44.012.  MONEY FOR [GRANTS AND] LOANS.  The board may
 9-1     accept gifts and grants of money from the federal government, local
 9-2     governments, or private corporations or other persons for use in
 9-3     making [grants and] loans under [the agricultural diversification
 9-4     program and] the rural microenterprise support program.  The
 9-5     legislature may appropriate money for [grants and] loans under the
 9-6     program [programs].
 9-7           Sec. 44.013.  Rural Microenterprise Development Fund.  The
 9-8     rural microenterprise development fund is a fund in the general
 9-9     revenue fund [state treasury].  Money appropriated to the board
9-10     [Agricultural Diversification Board] for use in making loans under
9-11     the rural microenterprise support program, other amounts received
9-12     by the state for loans made under the program, and other money
9-13     received by the board for the program and required by the board to
9-14     be deposited in the fund shall be deposited to the credit of the
9-15     fund.  The fund shall operate as a revolving fund, the contents of
9-16     which shall be applied and reapplied for the purposes of the rural
9-17     microenterprise support program.
9-18           SECTION 7.  Section 58.002, Agriculture Code, is amended by
9-19     amending Subdivisions (1) and (7) and adding Subdivision (9) to
9-20     read as follows:
9-21                 (1)  "Agricultural business" means:
9-22                       (A)  a business that is or proposes to be engaged
9-23     in producing, processing, marketing, or exporting an agricultural
9-24     product;
9-25                       (B)  an eligible applicant as defined in
9-26     Subchapter E;
 10-1                      (C)  the entity designated to carry out boll
 10-2    weevil eradication in accordance with Section 74.101; or
 10-3                      (D)  any agriculture-related business in rural
 10-4    areas of Texas including a business that provides recreational
 10-5    activities, including hiking, fishing, hunting, or any other
 10-6    activity associated with the enjoyment of nature or the outdoors on
 10-7    agricultural land.
 10-8                (7)  "Eligible agricultural business" means an
 10-9    agricultural business having a [its principal] place of business in
10-10    this state.
10-11                (9)  "Rural area" means an area which is predominately
10-12    rural in character, being one which the board defines and declares
10-13    to be a rural area.
10-14          SECTION 8.  Subsection (b), Section 58.016, Agriculture Code,
10-15    is amended to read as follows:
10-16          (b)  On or before August 1 of each year, the administrator
10-17    shall file with the board the proposed annual budgets for the young
10-18    farmer loan guarantee program under Subchapter E [Chapter 253], the
10-19    farm and ranch finance program under Chapter 59, and the programs
10-20    administered by the board under this chapter for the succeeding
10-21    fiscal year.  If there is no administrator, the commissioner shall
10-22    assume the duties of the administrator in connection with
10-23    preparation of the budget.  The budget must set forth the general
10-24    categories of expected expenditures out of revenues and income of
10-25    the funds administered by the authority and the amount on account
10-26    of each.  On or before September 1 of each year, the board shall
 11-1    consider the proposed annual budget and may approve it or amend it.
 11-2    Copies of the annual budget certified by the chairman of the board
 11-3    shall be promptly filed with the governor and the legislature.  The
 11-4    annual budget is not effective until it is filed.  If for any
 11-5    reason the authority does not adopt an annual budget before
 11-6    September 2, no expenditures may be made from the funds until the
 11-7    board approves the annual budget.  The authority may adopt an
 11-8    amended annual budget for the current fiscal year, but the amended
 11-9    annual budget may not supersede a prior budget until it is filed
11-10    with the governor and the legislature.
11-11          SECTION 9.  Section 58.0172, Agriculture Code, is amended by
11-12    adding Subsection (e) to read as follows:
11-13          (e)  A lending institution is not ineligible to participate
11-14    in the programs administered by the board solely because a member
11-15    of the board is also an officer, director, or employee of the
11-16    lending institution, provided that a board member shall recuse
11-17    himself or herself from any action taken by the board on an
11-18    application involving a lending institution by which the board
11-19    member is employed or for which the board member serves as an
11-20    officer or director.
11-21          SECTION 10.  Section 58.021, Agriculture Code, is amended to
11-22    read as follows:
11-23          Sec. 58.021.  Purposes of Authority.  (a)  In order to
11-24    promote the expansion, development, and diversification of
11-25    production, processing, marketing, and export of Texas agricultural
11-26    products and to promote the development of agriculture-related
 12-1    rural businesses, the authority shall design and implement programs
 12-2    to provide financial assistance to eligible agricultural
 12-3    businesses, including programs:
 12-4                (1)  to make or acquire loans to eligible agricultural
 12-5    businesses;
 12-6                (2)  to make or acquire loans to lenders to enable
 12-7    those lenders to make loans to eligible agricultural businesses;
 12-8                (3)  to insure, coinsure, and reinsure, in whole or in
 12-9    part, loans to eligible agricultural businesses;
12-10                (4)  to guarantee, in whole or in part, loans to
12-11    eligible agricultural businesses; and
12-12                (5)  to administer or participate in programs
12-13    established by another person to provide financial assistance to
12-14    eligible agricultural businesses.
12-15          (b)  The authority's programs shall be designed and
12-16    implemented to provide financial assistance to enable eligible
12-17    agricultural businesses to finance or refinance costs incurred in
12-18    connection with the development, increase, improvement, or
12-19    expansion of production, processing, marketing, or export of Texas
12-20    agricultural products and for the development of rural
12-21    agriculture-related businesses, including but not limited to the
12-22    costs of:
12-23                (1)  acquisition of and improvements to land or
12-24    interests in land;
12-25                (2)  acquisition, construction, rehabilitation,
12-26    operation, and maintenance of buildings, improvements, and
 13-1    structures;
 13-2                (3)  site preparations;
 13-3                (4)  architectural, engineering, legal, and related
 13-4    services;
 13-5                (5)  acquisition, installation, rehabilitation,
 13-6    operation, and maintenance of machinery, equipment, furnishings,
 13-7    and facilities;
 13-8                (6)  acquisition, processing, or distribution of
 13-9    inventory;
13-10                (7)  research and development;
13-11                (8)  financing fees and charges;
13-12                (9)  interest during acquisition or construction;
13-13                (10)  necessary reserve fund;
13-14                (11)  acquisition of licenses, permits, and approvals
13-15    from any governmental entity; [and]
13-16                (12)  pre-export and export expenses; and
13-17                (13)  insect eradication and suppression programs.
13-18          (c)  Except as otherwise provided by this subsection, the
13-19    maximum aggregate amount of loans made to or guaranteed, insured,
13-20    coinsured, or reinsured under this subchapter for a single eligible
13-21    agricultural business by the authority from funds provided by the
13-22    authority is $2 million.  The authority may make, guarantee,
13-23    insure, coinsure, or reinsure a loan for a single eligible
13-24    agricultural business that results in an aggregate amount exceeding
13-25    $2 million, but not exceeding $5 million, if the action is approved
13-26    by a two-thirds vote of the membership of the board.  The authority
 14-1    may make, guarantee, insure, coinsure, or reinsure loans to the
 14-2    entity designated to carry out boll weevil eradication in
 14-3    accordance with Section 74.1011 in an amount approved by the board
 14-4    to enable that entity to execute Subchapter D, Chapter 74.
 14-5          (d) [(e)]  Notwithstanding any other provision of this
 14-6    section, the authority may also design and implement programs to
 14-7    further rural economic development.
 14-8          SECTION 11.  Subsection (a), Section 58.023, Agriculture
 14-9    Code, is amended to read as follows:
14-10          (a)  The board shall adopt rules to establish criteria for
14-11    determining which eligible agricultural businesses may participate
14-12    in programs that may be established by the board.  The board's
14-13    rules must state that the policy of the authority is to provide
14-14    programs for providing financial assistance to eligible
14-15    agricultural businesses [that otherwise would not be made and] that
14-16    the board considers to present a reasonable risk and have a
14-17    sufficient likelihood of repayment.  In establishing criteria for
14-18    participation, the board shall give priority to eligible
14-19    agricultural businesses that include producers of Texas
14-20    agricultural products in the ownership of the businesses.  The
14-21    board shall adopt collateral or security requirements to ensure the
14-22    full repayment of that financial assistance and the solvency of any
14-23    program implemented under this chapter.  The board shall approve
14-24    any and all extensions of that financial assistance under this
14-25    chapter, provided that the board may delegate this approval
14-26    authority to the administrator or the commissioner.
 15-1          SECTION 12.  Subchapter C, Chapter 58, Agriculture Code, is
 15-2    amended by adding Section 58.026 to read as follows:
 15-3          Sec. 58.026.  LIMITATION OF LIABILITY FOR CERTAIN
 15-4    RECREATIONAL ACTIVITIES.  The provisions of Chapter 75, Civil
 15-5    Practice and Remedies Code, apply to eligible recreational
 15-6    activities which are funded under this chapter.
 15-7          SECTION 13.  Chapter 58, Agriculture Code, is amended by
 15-8    adding Subchapter E to read as follows:
 15-9            SUBCHAPTER E.  YOUNG FARMER LOAN GUARANTEE PROGRAM
15-10          Sec. 58.051.  DEFINITIONS.  In this subchapter:
15-11                (1)  "Commercial lender" means a commercial lending
15-12    institution chartered by the state or federal government, including
15-13    a savings and loan association, a credit union, or a Farm Credit
15-14    System institution.
15-15                (2)  "Eligible applicant" means a person applying for a
15-16    loan guarantee under this subchapter who:
15-17                      (A)  is at least 18 years of age but younger than
15-18    40 years of age;
15-19                      (B)  has a net worth, as defined by board rule,
15-20    of less than $400,000; and
15-21                      (C)  complies with the application procedures
15-22    prescribed by this subchapter.
15-23                (3)  "Plan" means the documentation submitted to the
15-24    lender in support of the application.
15-25          Sec. 58.052.  YOUNG FARMER LOAN GUARANTEE PROGRAM.  (a)  The
15-26    board shall administer a loan guarantee program that benefits
 16-1    eligible applicants who desire to establish a farming or ranching
 16-2    operation or an agriculture-related business.
 16-3          (b)  The board, either directly or through authority
 16-4    delegated to the commissioner, may grant to an eligible applicant a
 16-5    guarantee of a loan made by a commercial lender for the purposes
 16-6    prescribed by this subchapter.  The guarantee amount may not exceed
 16-7    the lesser of $250,000 or 90 percent of the loan amount.
 16-8          (c)  The aggregate amount guaranteed under this subchapter
 16-9    may not exceed twice the amount contained in the young farmer loan
16-10    guarantee account within the Texas agricultural fund.
16-11          (d)  A loan guarantee recipient may use proceeds from the
16-12    loan for working capital for operating a farm or ranch, including
16-13    the lease of facilities and the purchase of machinery and
16-14    equipment, or for any agriculture-related business as identified in
16-15    the plan.  A loan guarantee is voidable by the board if the
16-16    recipient uses loan proceeds for any purposes other than those
16-17    identified in the plan.  The board shall include this restriction
16-18    as a condition in each loan guarantee instrument executed under
16-19    this subchapter.
16-20          (e)  The board shall adopt an agreement, to be used between a
16-21    commercial lender and an approved eligible applicant, under which
16-22    the program provides a payment from money in the young farmer loan
16-23    guarantee account for the purpose of providing a reduced interest
16-24    rate on a loan guaranteed to a borrower under this subchapter.  The
16-25    board shall adopt rules to implement this subsection.  The maximum
16-26    rate reduction under this subsection shall not exceed three
 17-1    percentage points.
 17-2          Sec. 58.053.  APPLICATION FOR LOAN GUARANTEE.  (a)  An
 17-3    eligible applicant's documentation shall include the following for
 17-4    the board's review:
 17-5                (1)  the plan, as submitted to the lender, for the
 17-6    applicant's proposed farm or ranch operation or agriculture-related
 17-7    business to be financed that includes a budget for the proposed
 17-8    operation;
 17-9                (2)  a completed application for a loan from a
17-10    commercial lender on which an eligible applicant has indicated how
17-11    the loan proceeds will be used to implement the applicant's plan;
17-12    and
17-13                (3)  the signed statement of a loan officer of the
17-14    commercial lender that a loan guarantee is required for approval of
17-15    the loan application.
17-16          (c)  The board may charge a reasonable application fee for
17-17    processing an application filed under this section.
17-18          Sec. 58.054.  BOARD CONSIDERATION OF LOAN GUARANTEE
17-19    APPLICATION.  After reviewing the material submitted under Section
17-20    58.053, the board shall consider the following factors in deciding
17-21    whether to approve an application for a loan guarantee:
17-22                (1)  the anticipated benefits from granting a loan
17-23    guarantee to the applicant, including both potential job creation
17-24    and commercial benefits to the agricultural industry;
17-25                (2)  the applicant's qualifications;
17-26                (3)  the feasibility of the applicant's plan; and
 18-1                (4)  other repayment sources available to the
 18-2    applicant.
 18-3          Sec. 58.055.  DEFAULT.  If the recipient of a loan guarantee
 18-4    defaults on a loan that is guaranteed under this subchapter and the
 18-5    authority is required to honor its guarantee, the authority,
 18-6    through its representative, may bring suit against the defaulting
 18-7    party.  Any suit brought by the authority under this section may
 18-8    have venue in Travis County.
 18-9          Sec. 58.056.  MONEY FOR LOAN GUARANTEE PROGRAM.  The
18-10    authority may accept gifts and grants of money from the federal
18-11    government, local governments, private corporations, or other
18-12    persons for use in the young farmer loan guarantee program.  The
18-13    legislature may appropriate money for the program.
18-14          Sec. 58.057.  YOUNG FARMER LOAN GUARANTEE ACCOUNT.  (a)  The
18-15    young farmer loan guarantee account is an account in the Texas
18-16    agricultural fund.  Money in the account may be used only by the
18-17    authority for the purpose of making or administering loan
18-18    guarantees under this subchapter.
18-19          (b)  The account consists of funds and transfers made to the
18-20    account, grants and donations made for the purposes of the young
18-21    farmer loan guarantee program, income earned on money in the
18-22    account, and any other money received under this subchapter.
18-23    Notwithstanding Section 404.071, Government Code, income and
18-24    interest earned on money in the account shall be deposited to the
18-25    credit of the account.  The account is exempt from the application
18-26    of Section 403.095, Government Code.
 19-1          (c)  The board may spend not more than $100,000 during each
 19-2    fiscal year from income earned on the account and from application
 19-3    fees collected by the authority under Section 58.053 to pay the
 19-4    costs of administering the program.
 19-5          (d)  The board shall attempt to administer the fund in a
 19-6    manner that makes private donations to the fund an eligible
 19-7    itemized deduction for federal income taxation purposes.
 19-8          (e)  The board has the same authority in administering the
 19-9    young farmer loan guarantee program as it has in administering
19-10    other programs established by this chapter.
19-11          SECTION 14.  Subsection (b), Section 502.174, Transportation
19-12    Code, is amended to read as follows:
19-13          (b)  The county assessor-collector shall send an assessment
19-14    collected under this section to the comptroller, at the time and in
19-15    the manner prescribed by the Texas Agricultural Finance Authority,
19-16    for deposit in the Texas agricultural fund [general revenue fund]
19-17    to the credit of the young farmer loan guarantee account.
19-18          SECTION 15.  Sections 44.004, 44.005, 44.006, and 44.011 and
19-19    Chapter 253, Agriculture Code, are repealed.
19-20          SECTION 16.  The importance of this legislation and the
19-21    crowded condition of the calendars in both houses create an
19-22    emergency and an imperative public necessity that the
19-23    constitutional rule requiring bills to be read on three several
19-24    days in each house be suspended, and this rule is hereby suspended,
19-25    and that this Act take effect and be in force from and after its
19-26    passage, and it is so enacted.