Texas 2013 - 83rd Regular

Texas Senate Bill SB1214 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R27187 BEF-D
2	2	By: Schwertner S.B. No. 1214
3	3	(Darby)
4	4	Substitute the following for S.B. No. 1214: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain economic development programs administered by
10	10	the Department of Agriculture.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.027, Agriculture Code, is amended by
13	13	amending Subsections (b) and (d) and adding Subsection (g) to read
14	14	as follows:
15	15	(b) In administering the program, the department shall:
16	16	(1) promote economic growth in rural areas;
17	17	(2) identify potential opportunities for business in
18	18	rural areas and assist rural communities in maximizing those
19	19	opportunities;
20	20	(3) work with rural communities to identify economic
21	21	development needs and direct those communities to persons who can
22	22	address and assist in meeting those needs;
23	23	(4) encourage communication between organizations,
24	24	industries, and regions to improve economic and community
25	25	development services to rural areas;
26	26	(5) coordinate meetings with public and private
27	27	entities to distribute information beneficial to rural areas;
28	28	(6) enter into a memorandum of agreement to work
29	29	cooperatively with the Texas [Department of] Economic Development
30	30	and Tourism Office, the Texas A&M AgriLife [Agricultural] Extension
31	31	Service, and other entities the department deems appropriate to
32	32	further program objectives; and
33	33	(7) perform any other functions necessary to carry out
34	34	the program.
35	35	(d) The department by rule may charge a membership fee to a
36	36	[each] participant in the program.
37	37	(g) In addition to the department's authority under
38	38	Subsection (a), the department may request, accept, and use any
39	39	gift, grant, loan, donation, aid, appropriation, guaranty,
40	40	allocation, subsidy, or contribution of any item of value to
41	41	further an economic development program in this state.
42	42	SECTION 2. Chapter 12, Agriculture Code, is amended by
43	43	adding Section 12.0272 to read as follows:
44	44	Sec. 12.0272. TEXAS ECONOMIC DEVELOPMENT FUND. (a) The
45	45	Texas economic development fund is a fund in the state treasury.
46	46	The fund consists of:
47	47	(1) all interest, income, revenue, and other assets
48	48	associated with economic development programs established using
49	49	money allocated and paid to the department under the August 15,
50	50	2011, allocation agreement between the department and the United
51	51	States Department of the Treasury, as amended, to implement the
52	52	State Small Business Credit Initiative Act of 2010 (12 U.S.C.
53	53	Section 5701 et seq.);
54	54	(2) all money, deposits, distributions, dividends,
55	55	earnings, gain, income, interest, proceeds, profits, program
56	56	income, rents, returns of capital, returns on investments,
57	57	royalties, revenue, or yields received or realized by the
58	58	department as a result of an investment made by or on behalf of the
59	59	department pursuant to the August 15, 2011, allocation agreement
60	60	between the department and the United States Department of the
61	61	Treasury, as amended;
62	62	(3) gifts, loans, donations, aid, appropriations,
63	63	guaranties, allocations, subsidies, grants, or contributions
64	64	received under Section 12.027(g);
65	65	(4) interest and income earned on the investment of
66	66	money in the fund; and
67	67	(5) other money required by law to be deposited in the
68	68	fund.
69	69	(b) Money in the Texas economic development fund may be
70	70	appropriated only to the department for the purpose of
71	71	administering, establishing, implementing, or maintaining an
72	72	economic development program under this section and is dedicated to
73	73	and may be used only for the administration, establishment,
74	74	implementation, or maintenance of one or more of the department's
75	75	economic development programs.
76	76	(c) The Texas economic development fund is exempt from
77	77	Section 403.095, Government Code.
78	78	SECTION 3. Subsections (d) and (g), Section 12.040,
79	79	Agriculture Code, are amended to read as follows:
80	80	(d) To be eligible to be a Texas certified retirement
81	81	community, a community shall:
82	82	(1) through a board or panel that serves as the
83	83	community's official program sponsor:
84	84	(A) complete a retiree desirability assessment,
85	85	as developed by the department, to include facts regarding crime
86	86	statistics, tax information, recreational opportunities, housing
87	87	availability, and other appropriate factors, including criteria
88	88	listed in Subsection (e); and
89	89	(B) work to gain the support of churches, clubs,
90	90	businesses, media, and other entities, as necessary for the success
91	91	of the program in the community;
92	92	(2) identify emergency medical services and a hospital
93	93	within a 75-mile radius of the community; and
94	94	(3) submit to the department:
95	95	(A) a [an application] fee in an amount equal to
96	96	the greater of:
97	97	(i) $5,000; or
98	98	(ii) $0.25 multiplied by the population of
99	99	the community, as determined by the most recent census;
100	100	(B) a marketing plan detailing the mission as
101	101	applied to the community, the target market, the competition, an
102	102	analysis of the community's strengths, weaknesses, opportunities
103	103	and dangers, and the strategies the community will employ to attain
104	104	the goals of the program; and
105	105	(C) a long-term plan outlining the steps the
106	106	community will undertake to maintain its desirability as a
107	107	destination for retirees, including an outline of plans to correct
108	108	any facility and service deficiencies identified in the retiree
109	109	desirability assessment required by Subdivision (1)(A).
110	110	(g) If the department finds that a community successfully
111	111	meets the requirements of a Texas certified retirement community,
112	112	not later than the 90th day after the application is submitted and
113	113	approved, the department shall provide [the following] assistance
114	114	to the community as determined by department rule[:
115	115	[(1) assistance in the training of local staff and
116	116	volunteers;
117	117	[(2) ongoing oversight and guidance in marketing, plus
118	118	updates on retirement trends;
119	119	[(3) inclusion in the state's national advertising and
120	120	public relations campaigns and travel show promotions, including a
121	121	prominent feature on the department's Internet website, to be
122	122	coordinated with the Internet websites of other agencies, as
123	123	appropriate;
124	124	[(4) eligibility for state financial assistance for
125	125	brochures, support material, and advertising; and
126	126	[(5) an evaluation and progress assessment on
127	127	maintaining and improving the community's desirability as a home
128	128	for retirees].
129	129	SECTION 4. Subsection (a), Section 44.007, Agriculture
130	130	Code, is amended to read as follows:
131	131	(a) The board shall establish an interest rate reduction
132	132	program to foster the:
133	133	(1) creation and expansion of enterprises based on
134	134	agriculture in this state; or
135	135	(2) development or expansion of businesses in rural
136	136	areas of this state.
137	137	SECTION 5. Section 58.022, Agriculture Code, is amended to
138	138	read as follows:
139	139	Sec. 58.022. POWERS OF AUTHORITY. The authority has all
140	140	powers necessary to accomplish the purposes and programs of the
141	141	authority, including the power:
142	142	(1) to adopt and enforce bylaws, rules, and procedures
143	143	and perform all functions necessary for the board to carry out this
144	144	chapter;
145	145	(2) to sue and be sued, complain, and defend, in its
146	146	own name;
147	147	(3) to adopt and use an official seal and alter it when
148	148	considered advisable;
149	149	(4) to acquire, hold, invest, use, pledge, and dispose
150	150	of its revenues, income, receipts, funds, and money from every
151	151	source and to select one or more depositories, inside or outside the
152	152	state, subject to this chapter, any resolution, bylaws, or in any
153	153	indenture pursuant to which the funds are held;
154	154	(5) to establish, charge, and collect fees, charges,
155	155	and penalties in connection with the programs, services, and
156	156	activities provided by the authority in accordance with this
157	157	chapter;
158	158	(6) to issue its bonds, to provide for and secure the
159	159	payment of the bonds, and provide for the rights of the owners of
160	160	the bonds, in the manner and to the extent permitted by this
161	161	chapter, and to purchase, hold, cancel, or resell or otherwise
162	162	dispose of its bonds, subject to any restrictions in any resolution
163	163	authorizing the issuance of its bonds;
164	164	(7) to procure insurance and pay premiums on insurance
165	165	of any type, in amounts, and from insurers as the board considers
166	166	necessary and advisable to accomplish any of its purposes;
167	167	(8) to make, enter into, and enforce contracts,
168	168	agreements, including management agreements, for the management of
169	169	any of the authority's property, leases, indentures, mortgages,
170	170	deeds of trust, security agreements, pledge agreements, credit
171	171	agreements, and other instruments with any person, including any
172	172	lender and any federal, state, or local governmental agency, and to
173	173	take other actions as may accomplish any of its purposes;
174	174	(9) to own, rent, lease, or otherwise acquire, accept,
175	175	or hold real, personal, or mixed property, or any interest in
176	176	property in performing its duties and exercising its powers under
177	177	this chapter, by purchase, exchange, gift, assignment, transfer,
178	178	foreclosure, mortgage, sale, lease, or otherwise and to hold,
179	179	manage, operate, or improve real, personal, or mixed property,
180	180	wherever situated;
181	181	(10) to sell, lease, encumber, mortgage, exchange,
182	182	donate, convey, or otherwise dispose of any or all of its properties
183	183	or any interest in its properties, deed of trust or mortgage lien
184	184	interest owned by it or under its control, custody, or in its
185	185	possession, and release or relinquish any right, title, claim,
186	186	lien, interest, easement, or demand however acquired, including any
187	187	equity or right of redemption in property foreclosed by it, and to
188	188	do any of the foregoing by public or private sale, with or without
189	189	public bidding, notwithstanding any other law; and to lease or rent
190	190	any improvements, lands, or facilities from any person to effect
191	191	the purposes of this chapter;
192	192	(11) to request, accept, and use gifts, loans,
193	193	donations, aid, appropriations, guaranties, allocations,
194	194	subsidies, grants, or contributions of any item of value for the
195	195	furtherance of any of its purposes;
196	196	(12) to make secured or unsecured loans for the
197	197	purpose of providing temporary or permanent financing or
198	198	refinancing for eligible agricultural businesses for the purposes
199	199	authorized by this chapter, including the refunding of outstanding
200	200	obligations, mortgages, or advances issued for those purposes, and
201	201	charge and collect interest on those loans for such loan payments
202	202	and on such terms and conditions as the board may consider advisable
203	203	and not in conflict with this chapter;
204	204	(13) to secure the payment by the state or the
205	205	authority on guarantees and to pay claims from money in the
206	206	authority's funds pursuant to the loan guarantee and insurance
207	207	programs implemented by the authority;
208	208	(14) to purchase or acquire, sell, discount, assign,
209	209	negotiate, and otherwise dispose of notes, debentures, bonds, or
210	210	other evidences of indebtedness of eligible agricultural
211	211	businesses, whether unsecured or secured, as the board may
212	212	determine, or portions or portfolios of or participations in those
213	213	evidences of indebtedness, and sell and guarantee securities,
214	214	whether taxable or tax exempt under federal law in primary and
215	215	secondary markets in furtherance of any of the authority's
216	216	purposes; and
217	217	(15) to exercise all powers given to a corporation
218	218	under Chapter 22, Business Organizations Code [the Texas Non-Profit
219	219	Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
220	220	Statutes)], to the extent not inconsistent with this chapter.
221	221	SECTION 6. Subsection (a), Section 58.053, Agriculture
222	222	Code, is amended to read as follows:
223	223	(a) An eligible applicant's documentation shall include the
224	224	following for the board's review:
225	225	(1) the plan, as submitted to the lender, for the
226	226	applicant's proposed farm or ranch operation or
227	227	agriculture-related business to be financed that includes a budget
228	228	for the proposed operation;
229	229	(2) a completed application for a loan from a
230	230	commercial lender on which an eligible applicant has indicated how
231	231	the loan proceeds will be used to implement the applicant's plan;
232	232	and
233	233	(3) the signed statement of a loan officer of the
234	234	commercial lender that a loan guarantee is requested [required] for
235	235	approval of the loan application.
236	236	SECTION 7. The heading to Section 502.404, Transportation
237	237	Code, is amended to read as follows:
238	238	Sec. 502.404. VOLUNTARY ASSESSMENT FOR TEXAS AGRICULTURAL
239	239	FINANCE AUTHORITY [YOUNG FARMER LOAN GUARANTEES].
240	240	SECTION 8. Subsection (f), Section 12.040, Agriculture
241	241	Code, is repealed.
242	242	SECTION 9. This Act takes effect immediately if it receives
243	243	a vote of two-thirds of all the members elected to each house, as
244	244	provided by Section 39, Article III, Texas Constitution. If this
245	245	Act does not receive the vote necessary for immediate effect, this
246	246	Act takes effect September 1, 2013.