1-1     By:  Duncan                                           S.B. No. 1430
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 9, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 9, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1430              By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the administration of certain loan programs by the
1-11     Texas Agricultural Finance Authority and to the promotion of the
1-12     development of agriculture-related rural businesses.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 44.001, Agriculture Code, is amended to
1-15     read as follows:
1-16           Sec. 44.001.  Definitions.  In this chapter:
1-17                 (1)  ["Small business incubator" means a nonprofit
1-18     development agency that provides concentrated business assistance
1-19     services to new small agricultural enterprises.]
1-20                 [(2)]  "Eligible lending institution" means a financial
1-21     institution that makes commercial loans, is a depository of state
1-22     funds, and agrees to participate in the linked deposit program and
1-23     to provide collateral equal to the amount of linked deposits placed
1-24     with it.
1-25                 (2) [(3)]  "Eligible borrower" means a person who is in
1-26     the business or entering the business of:
1-27                       (A)  processing and marketing agricultural crops
1-28     in this state;
1-29                       (B)  producing alternative agricultural crops in
1-30     this state;
1-31                       (C)  producing agricultural crops in this state
1-32     the production of which has declined [markedly] because of natural
1-33     disasters; or
1-34                       (D)  producing agricultural crops in this state
1-35     using water conservation equipment for agricultural production
1-36     purposes.
1-37                 (3) [(4)]  "Alternative agricultural crops" means crops
1-38     not customarily grown in this state but that could feasibly be
1-39     produced in this state.
1-40                 (4) [(5)]  "Linked deposit" means a time deposit
1-41     governed by a written deposit agreement between the state and an
1-42     eligible lending institution that provides:
1-43                       (A)  that the eligible lending institution pay
1-44     interest on the deposit at a rate that is not less than the greater
1-45     of:
1-46                             (i)  the current market rate of a United
1-47     States treasury bill or note of comparable maturity minus two
1-48     percent; or
1-49                             (ii)  1.5 percent;
1-50                       (B)  that the state not withdraw any part of the
1-51     deposit before the expiration of a period set by a written advance
1-52     notice of the intention to withdraw; and
1-53                       (C)  that the eligible lending institution agree
1-54     to lend the value of the deposit to an eligible borrower at a
1-55     maximum rate that is the linked deposit [current market] rate [of a
1-56     United States treasury bill or note of comparable maturity] plus a
1-57     maximum of four percent.
1-58                 (5) [(6)]  "Microenterprise" means a small business
1-59     located in a rural area in which the owner operates [and the
1-60     owner's family provide the bulk of the management and a significant
1-61     amount of the labor required to operate] the enterprise. Priority
1-62     under this chapter shall be given to microenterprises which
1-63     demonstrate significant potential for expansion that will provide
1-64     jobs in economically depressed rural communities or to currently
 2-1     unemployed rural residents.
 2-2                 (6) [(7)]  "Rural area" means an area which is
 2-3     predominantly rural in character, being one which the board defines
 2-4     and declares to be a rural area.
 2-5                 (7) [(8)]  "Board" means the board of directors of the
 2-6     Texas Agricultural Finance Authority in Chapter 58 [of this code].
 2-7           SECTION 2.  Section 44.002, Agriculture Code, is amended to
 2-8     read as follows:
 2-9           Sec. 44.002.  CREATION OF MICROENTERPRISE PROGRAMS.
2-10     [(a)  The board shall create an agricultural diversification
2-11     program to:]
2-12                 [(1)  support commercial use of agricultural research
2-13     and innovation;]
2-14                 [(2)  increase the capabilities of community and
2-15     regional organizations to train and assist new or expanding
2-16     agricultural-based businesses;]
2-17                 [(3)  start small business incubators; and]
2-18                 [(4)  encourage private commercial loans for enhanced
2-19     production, processing, and marketing of certain agricultural
2-20     crops.]
2-21           [(b)]  The board shall create a microenterprise support
2-22     program to provide financial assistance to microenterprises in
2-23     rural areas.
2-24           SECTION 3.  Section 44.0045, Agriculture Code, is amended to
2-25     read as follows:
2-26           Sec. 44.0045.  Microenterprise Support Program Loans.
2-27     (a)  The board shall administer a loan program supporting
2-28     established and proposed microenterprises in rural areas by
2-29     providing loans to expand, modernize, or otherwise improve
2-30     established microenterprises and to begin operation of proposed
2-31     microenterprises.
2-32           (b)  An applicant applying on behalf of a [A] proposed
2-33     microenterprise [loan applicant] may receive a loan of up to
2-34     $25,000 [$15,000] to begin operation of the microenterprise.
2-35           (c)  An applicant applying on behalf of an established
2-36     microenterprise [loan applicant] may receive a loan of up to
2-37     $50,000 [$30,000] to expand, modernize, or otherwise improve an
2-38     established operation [microenterprise].
2-39           (d)  The board [of the microenterprise support program] may
2-40     reserve a portion of the total fund for use in cooperative loan
2-41     programs established with the participation of other public or
2-42     private lenders.
2-43           [(e)  Financial assistance in the form of a loan may not be
2-44     used to refinance an existing debt of a proposed or existing
2-45     microenterprise.]
2-46           SECTION 4.  Section 44.007, Agriculture Code, is amended to
2-47     read as follows:
2-48           Sec. 44.007.  Linked Deposit Program.  (a)  The board shall
2-49     establish a linked deposit program to encourage commercial lending
2-50     for the enhanced production, processing, and marketing of certain
2-51     agricultural crops and for the financing of water conservation
2-52     projects or equipment for agricultural production purposes.
2-53           (b)  The board shall approve or disapprove any and all
2-54     applications under this chapter, provided that the board may
2-55     delegate this authority to the commissioner.
2-56           (c)  The board shall promulgate rules for the loan portion of
2-57     the linked deposit program.  The rules must include:
2-58                 (1)  a list of the categories of crops customarily
2-59     grown in Texas, with consideration given to the Texas Agricultural
2-60     Statistics Service information available and relevant to this
2-61     determination;
2-62                 (2)  a list of crops that are alternative agricultural
2-63     crops, with consideration given to the Texas Agricultural
2-64     Statistics Service information available and relevant to this
2-65     determination;
2-66                 (3)  identification of criteria for a project eligible
2-67     for [a list of crops the production of which has declined markedly
2-68     because of] natural disaster assistance [disasters]; and
2-69                 (4)  identification of projects and types of equipment
 3-1     considered as water conservation projects or equipment for
 3-2     agricultural production purposes.
 3-3           (d) [(c)]  In order to participate in the linked deposit
 3-4     program, an eligible lending institution may solicit loan
 3-5     applications from eligible borrowers.
 3-6           (e) [(d)]  After reviewing an application and determining
 3-7     that the applicant is eligible and creditworthy, the eligible
 3-8     lending institution shall send the application for a linked deposit
 3-9     loan to [the board or] the administrator of the Texas Agricultural
3-10     Finance Authority.
3-11           (f) [(e)]  The eligible lending institution shall certify the
3-12     interest rate applicable to the specific eligible borrower and
3-13     attach it to the application sent to [the board or] the
3-14     administrator of the Texas Agricultural Finance Authority.
3-15           (g) [(f)]  After reviewing each linked deposit loan
3-16     application, the board or the commissioner shall recommend to the
3-17     comptroller the acceptance or rejection of the application.
3-18           (h) [(g)]  After acceptance of the application, the
3-19     comptroller shall place a linked deposit with the applicable
3-20     eligible lending institution for the period the comptroller
3-21     considers appropriate.  The comptroller may not place a deposit for
3-22     a period extending beyond the state fiscal biennium in which it is
3-23     placed.  Subject to the limitation described by Section 44.010 [of
3-24     this chapter], the comptroller may place time deposits at an
3-25     interest rate described by Section 44.001(4) [44.001(5)(A) of this
3-26     chapter].
3-27           (i) [(h)]  Before the placing of a linked deposit, the
3-28     eligible lending institution and the state, represented by the
3-29     comptroller [and the board], shall enter into a written deposit
3-30     agreement containing the conditions on which the linked deposit is
3-31     made.
3-32           (j) [(i)]  If a lending institution holding linked deposits
3-33     ceases to be a state depository, the comptroller may withdraw the
3-34     linked deposits.
3-35           (k) [(j)]  The board may adopt rules that create a procedure
3-36     for determining priorities for loans granted under this chapter.
3-37     Each rule adopted must state the policy objective of the rule.  The
3-38     policy objectives of the rules may include preferences to:
3-39                 (1)  achieve adequate geographic distribution of loans;
3-40                 (2)  assist certain industries;
3-41                 (3)  encourage certain practices including water
3-42     conservation; and
3-43                 (4)  encourage value-added processing of agricultural
3-44     products.
3-45           (l) [(k)]  A lending institution is not ineligible to
3-46     participate in the linked deposit program solely because a member
3-47     of the board is also an officer, director, or employee of the
3-48     lending institution, provided that a board member shall recuse
3-49     himself or herself from any action taken by the board on an
3-50     application involving a lending institution by which the board
3-51     member is employed or for which the board member serves as an
3-52     officer or director.
3-53           SECTION 5.  Section 44.010, Agriculture Code, is amended to
3-54     read as follows:
3-55           Sec. 44.010.  Limitations in Program.  (a)  At any one time,
3-56     not more than $25 [$15] million, of which $10 million may only be
3-57     used to finance water conservation projects, may be placed in
3-58     linked deposits under this chapter.
3-59           (b)  The maximum amount of a loan under this chapter to
3-60     process and market Texas agricultural crops is $500,000.  The
3-61     maximum amount of a loan under this chapter to produce alternative
3-62     agricultural crops in this state is $250,000.  The maximum amount
3-63     of a loan under this chapter to finance water conservation projects
3-64     or equipment for agricultural production purposes is $250,000.  The
3-65     maximum amount of a loan under this chapter to finance production
3-66     of a crop declared eligible for natural disaster relief, as defined
3-67     by board rule, is $250,000.
3-68           (c)  A loan granted pursuant to this chapter may be used for
3-69     any agriculture-related operating expense, including the purchase
 4-1     or lease of land or fixed assets acquisition or improvement, as
 4-2     identified in the application [must be applied to the purchase or
 4-3     lease of land, equipment, seed, fertilizer, direct marketing
 4-4     facilities, or processing facilities, or to payment for
 4-5     professional services].
 4-6           (d)  A loan granted pursuant to this chapter[, when used to
 4-7     finance eligible water conservation projects or equipment,] may be
 4-8     applied to existing debt [resulting from the financing of water
 4-9     conservation projects or equipment for agricultural purposes as
4-10     defined by board rule].
4-11           SECTION 6.  Sections 44.012 and 44.013, Agriculture Code, are
4-12     amended to read as follows:
4-13           Sec. 44.012.  MONEY FOR [GRANTS AND] LOANS.  The board may
4-14     accept gifts and grants of money from the federal government, local
4-15     governments, or private corporations or other persons for use in
4-16     making [grants and] loans under [the agricultural diversification
4-17     program and] the rural microenterprise support program.  The
4-18     legislature may appropriate money for [grants and] loans under the
4-19     program [programs].
4-20           Sec. 44.013.  Rural Microenterprise Development Fund.  The
4-21     rural microenterprise development fund is a fund in the
4-22     comptroller's office [state treasury].  Money appropriated to the
4-23     board [Agricultural Diversification Board] for use in making loans
4-24     under the rural microenterprise support program, other amounts
4-25     received by the state for loans made under the program, and other
4-26     money received by the board for the program and required by the
4-27     board to be deposited in the fund shall be deposited to the credit
4-28     of the fund.  The fund shall operate as a revolving fund, the
4-29     contents of which shall be applied and reapplied for the purposes
4-30     of the rural microenterprise support program.
4-31           SECTION 7.  Section 58.002, Agriculture Code, is amended by
4-32     amending Subdivisions (1) and (7) and adding Subdivision (9) to
4-33     read as follows:
4-34                 (1)  "Agricultural business" means:
4-35                       (A)  a business that is or proposes to be engaged
4-36     in producing, processing, marketing, or exporting an agricultural
4-37     product;
4-38                       (B)  an eligible applicant as defined in
4-39     Subchapter E;
4-40                       (C)  the entity designated to carry out boll
4-41     weevil eradication in accordance with Section 74.1011;
4-42                       (D)  any agriculture-related business in rural
4-43     areas of Texas including a business that provides recreational
4-44     activities, including hiking, fishing, hunting, or any other
4-45     activity associated with the enjoyment of nature or the outdoors on
4-46     agricultural land; or
4-47                       (E)  a state agency or an institution of higher
4-48     education that is engaged in producing an agricultural product.
4-49                 (7)  "Eligible agricultural business" means an
4-50     agricultural business having a [its principal] place of business in
4-51     this state.
4-52                 (9)  "Rural area" means an area which is predominately
4-53     rural in character, being one which the board defines and declares
4-54     to be a rural area.
4-55           SECTION 8.  Subsection (b), Section 58.016, Agriculture Code,
4-56     is amended to read as follows:
4-57           (b)  On or before August 1 of each year, the administrator
4-58     shall file with the board the proposed annual budgets for the young
4-59     farmer loan guarantee program under Subchapter E [Chapter 253], the
4-60     farm and ranch finance program under Chapter 59, and the programs
4-61     administered by the board under this chapter for the succeeding
4-62     fiscal year.  If there is no administrator, the commissioner shall
4-63     assume the duties of the administrator in connection with
4-64     preparation of the budget.  The budget must set forth the general
4-65     categories of expected expenditures out of revenues and income of
4-66     the funds administered by the authority and the amount on account
4-67     of each.  On or before September 1 of each year, the board shall
4-68     consider the proposed annual budget and may approve it or amend it.
4-69     Copies of the annual budget certified by the chairman of the board
 5-1     shall be promptly filed with the governor and the legislature.  The
 5-2     annual budget is not effective until it is filed.  If for any
 5-3     reason the authority does not adopt an annual budget before
 5-4     September 2, no expenditures may be made from the funds until the
 5-5     board approves the annual budget.  The authority may adopt an
 5-6     amended annual budget for the current fiscal year, but the amended
 5-7     annual budget may not supersede a prior budget until it is filed
 5-8     with the governor and the legislature.
 5-9           SECTION 9.  Section 58.0172, Agriculture Code, is amended by
5-10     adding Subsection (e) to read as follows:
5-11           (e)  A lending institution is not ineligible to participate
5-12     in the programs administered by the board solely because a member
5-13     of the board is also an officer, director, or employee of the
5-14     lending institution, provided that a board member shall recuse
5-15     himself or herself from any action taken by the board on an
5-16     application involving a lending institution by which the board
5-17     member is employed or for which the board member serves as an
5-18     officer or director.
5-19           SECTION 10.  Section 58.021, Agriculture Code, is amended to
5-20     read as follows:
5-21           Sec. 58.021.  Purposes of Authority.  (a)  In order to
5-22     promote the expansion, development, and diversification of
5-23     production, processing, marketing, and export of Texas agricultural
5-24     products and to promote the development of agriculture-related
5-25     rural businesses, the authority shall design and implement programs
5-26     to provide financial assistance to eligible agricultural
5-27     businesses, including programs:
5-28                 (1)  to make or acquire loans to eligible agricultural
5-29     businesses;
5-30                 (2)  to make or acquire loans to lenders to enable
5-31     those lenders to make loans to eligible agricultural businesses;
5-32                 (3)  to insure, coinsure, and reinsure, in whole or in
5-33     part, loans to eligible agricultural businesses;
5-34                 (4)  to guarantee, in whole or in part, loans to
5-35     eligible agricultural businesses; and
5-36                 (5)  to administer or participate in programs
5-37     established by another person to provide financial assistance to
5-38     eligible agricultural businesses.
5-39           (b)  The authority's programs shall be designed and
5-40     implemented to provide financial assistance to enable eligible
5-41     agricultural businesses to finance or refinance costs incurred in
5-42     connection with the development, increase, improvement, or
5-43     expansion of production, processing, marketing, or export of Texas
5-44     agricultural products and for the development of rural
5-45     agriculture-related businesses, including but not limited to the
5-46     costs of:
5-47                 (1)  acquisition of and improvements to land or
5-48     interests in land;
5-49                 (2)  acquisition, construction, rehabilitation,
5-50     operation, and maintenance of buildings, improvements, and
5-51     structures;
5-52                 (3)  site preparations;
5-53                 (4)  architectural, engineering, legal, and related
5-54     services;
5-55                 (5)  acquisition, installation, rehabilitation,
5-56     operation, and maintenance of machinery, equipment, furnishings,
5-57     and facilities;
5-58                 (6)  acquisition, processing, or distribution of
5-59     inventory;
5-60                 (7)  research and development;
5-61                 (8)  financing fees and charges;
5-62                 (9)  interest during acquisition or construction;
5-63                 (10)  necessary reserve fund;
5-64                 (11)  acquisition of licenses, permits, and approvals
5-65     from any governmental entity; [and]
5-66                 (12)  pre-export and export expenses; and
5-67                 (13)  insect eradication and suppression programs.
5-68           (c)  Except as otherwise provided by this subsection, the
5-69     maximum aggregate amount of loans made to or guaranteed, insured,
 6-1     coinsured, or reinsured under this subchapter for a single eligible
 6-2     agricultural business by the authority from funds provided by the
 6-3     authority is $2 million.  The authority may make, guarantee,
 6-4     insure, coinsure, or reinsure a loan for a single eligible
 6-5     agricultural business that results in an aggregate amount exceeding
 6-6     $2 million, but not exceeding $5 million, if the action is approved
 6-7     by a two-thirds vote of the membership of the board.  The authority
 6-8     may make, guarantee, participate in, insure, coinsure, or reinsure
 6-9     loans to the entity designated to carry out boll weevil eradication
6-10     in accordance with Section 74.1011 in an amount approved by the
6-11     board to enable that entity to execute Subchapter D, Chapter 74.
6-12     The authority may issue an obligation on behalf of, or make,
6-13     guarantee, participate in, insure, coinsure, or reinsure loans to,
6-14     a state agency or an institution of higher education for the
6-15     purpose of the development, improvement, or expansion of an
6-16     agricultural product or an agriculture-related business in an
6-17     amount approved by the board.
6-18           (d) [(e)]  Notwithstanding any other provision of this
6-19     section, the authority may also design and implement programs to
6-20     further rural economic development.
6-21           SECTION 11.  Subsection (a), Section 58.023, Agriculture
6-22     Code, is amended to read as follows:
6-23           (a)  The board shall adopt rules to establish criteria for
6-24     determining which eligible agricultural businesses may participate
6-25     in programs that may be established by the board.  The board's
6-26     rules must state that the policy of the authority is to provide
6-27     programs for providing financial assistance to eligible
6-28     agricultural businesses [that otherwise would not be made and] that
6-29     the board considers to present a reasonable risk and have a
6-30     sufficient likelihood of repayment.  In establishing criteria for
6-31     participation, the board shall give priority to eligible
6-32     agricultural businesses that include producers of Texas
6-33     agricultural products in the ownership of the businesses.  The
6-34     board shall adopt collateral or security requirements to ensure the
6-35     full repayment of that financial assistance and the solvency of any
6-36     program implemented under this chapter.  The board shall approve
6-37     any and all extensions of that financial assistance under this
6-38     chapter, provided that the board may delegate this approval
6-39     authority to the administrator or the commissioner.
6-40           SECTION 12.  Subchapter C, Chapter 58, Agriculture Code, is
6-41     amended by adding Section 58.026 to read as follows:
6-42           Sec. 58.026.  LIMITATION OF LIABILITY FOR CERTAIN
6-43     RECREATIONAL ACTIVITIES.  The provisions of Chapter 75, Civil
6-44     Practice and Remedies Code, apply to eligible recreational
6-45     activities which are funded under this chapter.
6-46           SECTION 13.  Chapter 58, Agriculture Code, is amended by
6-47     adding Subchapter E to read as follows:
6-48             SUBCHAPTER E.  YOUNG FARMER LOAN GUARANTEE PROGRAM
6-49           Sec. 58.051.  DEFINITIONS.  In this subchapter:
6-50                 (1)  "Commercial lender" means a commercial lending
6-51     institution chartered by the state or federal government, including
6-52     a savings and loan association, a credit union, or a Farm Credit
6-53     System institution.
6-54                 (2)  "Eligible applicant" means a person applying for a
6-55     loan guarantee under this subchapter who:
6-56                       (A)  is at least 18 years of age but younger than
6-57     40 years of age; and
6-58                       (B)  complies with the application procedures
6-59     prescribed by this subchapter.
6-60                 (3)  "Plan" means the documentation submitted to the
6-61     lender in support of the application.
6-62           Sec. 58.052.  YOUNG FARMER LOAN GUARANTEE PROGRAM.  (a)  The
6-63     board shall administer a loan guarantee program that benefits
6-64     eligible applicants who desire to establish or enhance a farming or
6-65     ranching operation or an agriculture-related business.
6-66           (b)  The board, either directly or through authority
6-67     delegated to the commissioner, may grant to an eligible applicant a
6-68     guarantee of a loan made by a commercial lender for the purposes
6-69     prescribed by this subchapter.  The guarantee amount may not exceed
 7-1     the lesser of $250,000 or 90 percent of the loan amount.
 7-2           (c)  The aggregate amount guaranteed under this subchapter
 7-3     may not exceed twice the amount contained in the young farmer loan
 7-4     guarantee account within the Texas agricultural fund.
 7-5           (d)  A loan guarantee recipient may use proceeds from the
 7-6     loan for working capital for operating a farm or ranch, including
 7-7     the lease of facilities and the purchase of machinery and
 7-8     equipment, or for any agriculture-related business purpose,
 7-9     including the purchase of real estate, as identified in the plan.
7-10     A loan guarantee is voidable by the board if the recipient uses
7-11     loan proceeds for any purposes other than those identified in the
7-12     plan.  The board shall include this restriction as a condition in
7-13     each loan guarantee instrument executed under this subchapter.
7-14           (e)  The board shall adopt an agreement, to be used between a
7-15     commercial lender and an approved eligible applicant, under which
7-16     the program provides a payment from money in the young farmer loan
7-17     guarantee account for the purpose of providing a reduced interest
7-18     rate on a loan guaranteed to a borrower under this subchapter.  The
7-19     board shall adopt rules to implement this subsection.  The maximum
7-20     rate reduction under this subsection shall not exceed three
7-21     percentage points.
7-22           Sec. 58.053.  APPLICATION FOR LOAN GUARANTEE.  (a)  An
7-23     eligible applicant's documentation shall include the following for
7-24     the board's review:
7-25                 (1)  the plan, as submitted to the lender, for the
7-26     applicant's proposed farm or ranch operation or agriculture-related
7-27     business to be financed that includes a budget for the proposed
7-28     operation;
7-29                 (2)  a completed application for a loan from a
7-30     commercial lender on which an eligible applicant has indicated how
7-31     the loan proceeds will be used to implement the applicant's plan;
7-32     and
7-33                 (3)  the signed statement of a loan officer of the
7-34     commercial lender that a loan guarantee is required for approval of
7-35     the loan application.
7-36           (c)  The board may charge a reasonable application fee for
7-37     processing an application filed under this section.
7-38           Sec. 58.054.  BOARD CONSIDERATION OF LOAN GUARANTEE
7-39     APPLICATION.  After reviewing the material submitted under Section
7-40     58.053, the board shall consider the following factors in deciding
7-41     whether to approve an application for a loan guarantee:
7-42                 (1)  the anticipated benefits from granting a loan
7-43     guarantee to the applicant, including both potential job creation
7-44     and commercial benefits to the agricultural industry;
7-45                 (2)  the applicant's qualifications;
7-46                 (3)  the feasibility of the applicant's plan; and
7-47                 (4)  other repayment sources available to the
7-48     applicant.
7-49           Sec. 58.055.  DEFAULT.  If the recipient of a loan guarantee
7-50     defaults on a loan that is guaranteed under this subchapter and the
7-51     authority is required to honor its guarantee, the authority,
7-52     through its representative, may bring suit against the defaulting
7-53     party.  Any suit brought by the authority under this section may
7-54     have venue in Travis County.
7-55           Sec. 58.056.  MONEY FOR LOAN GUARANTEE PROGRAM.  The
7-56     authority may accept gifts and grants of money from the federal
7-57     government, local governments, private corporations, or other
7-58     persons for use in the young farmer loan guarantee program.  The
7-59     legislature may appropriate money for the program.
7-60           Sec. 58.057.  YOUNG FARMER LOAN GUARANTEE ACCOUNT.  (a)  The
7-61     young farmer loan guarantee account is an account in the Texas
7-62     agricultural fund.  Money in the account may be used only by the
7-63     authority for the purpose of making or administering loan
7-64     guarantees under this subchapter.
7-65           (b)  The account consists of funds and transfers made to the
7-66     account, grants and donations made for the purposes of the young
7-67     farmer loan guarantee program, income earned on money in the
7-68     account, and any other money received under this subchapter.
7-69     Notwithstanding Section 404.071, Government Code, income and
 8-1     interest earned on money in the account shall be deposited to the
 8-2     credit of the account.  The account is exempt from the application
 8-3     of Section 403.095, Government Code.
 8-4           (c)  The board may spend not more than $100,000 during each
 8-5     fiscal year from income earned on the account and from application
 8-6     fees collected by the authority under Section 58.053 to pay the
 8-7     costs of administering the program.
 8-8           (d)  The board shall attempt to administer the fund in a
 8-9     manner that makes private donations to the fund an eligible
8-10     itemized deduction for federal income taxation purposes.
8-11           (e)  The board has the same authority in administering the
8-12     young farmer loan guarantee program as it has in administering
8-13     other programs established by this chapter.
8-14           SECTION 14.  Subsection (b), Section 502.174, Transportation
8-15     Code, is amended to read as follows:
8-16           (b)  The county assessor-collector shall send an assessment
8-17     collected under this section to the comptroller, at the time and in
8-18     the manner prescribed by the Texas Agricultural Finance Authority,
8-19     for deposit in the Texas agricultural fund [general revenue fund]
8-20     to the credit of the young farmer loan guarantee account.
8-21           SECTION 15.  Sections 44.004, 44.005, 44.006, and 44.011 and
8-22     Chapter 253, Agriculture Code, are repealed.
8-23           SECTION 16.  The importance of this legislation and the
8-24     crowded condition of the calendars in both houses create an
8-25     emergency and an imperative public necessity that the
8-26     constitutional rule requiring bills to be read on three several
8-27     days in each house be suspended, and this rule is hereby suspended,
8-28     and that this Act take effect and be in force from and after its
8-29     passage, and it is so enacted.
8-30                                  * * * * *