1 | 1 | | 89R19779 TYPED |
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2 | 2 | | By: Sparks S.B. No. 2985 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the Texas Agricultural Finance Authority and to a study |
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10 | 10 | | and report on plant diseases and pest outbreaks. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 58.012, Agriculture Code, is amended by |
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13 | 13 | | amending Subsections (a) and (b) to read as follows: |
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14 | 14 | | (a) The authority is governed by a board of directors |
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15 | 15 | | composed of the commissioner of agriculture[, the director of the |
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16 | 16 | | Institute for International Agribusiness Studies at Prairie View |
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17 | 17 | | A&M University,] and six [nine] members appointed by the |
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18 | 18 | | commissioner. Members of the board must be appointed in the numbers |
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19 | 19 | | specified and from the following categories: |
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20 | 20 | | (1) one person who is an elected or appointed official |
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21 | 21 | | of a municipality or county; |
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22 | 22 | | (2) two [four] persons who are knowledgeable about |
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23 | 23 | | agricultural lending practices; |
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24 | 24 | | (3) one person who is a representative of agricultural |
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25 | 25 | | businesses; |
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26 | 26 | | (4) one person who is a representative of agriculture |
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27 | 27 | | related entities, including rural chambers of commerce, |
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28 | 28 | | foundations, trade associations, institutions of higher education, |
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29 | 29 | | or other entities involved in agricultural matters; and |
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30 | 30 | | (5) one person [two persons] who represents |
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31 | 31 | | [represent] young farmers and the interests of young farmers. |
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32 | 32 | | (b) The appointed members of the board serve staggered terms |
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33 | 33 | | of two years, with the terms of three [four] members expiring on |
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34 | 34 | | January 1 of each even-numbered year and the terms of three [five] |
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35 | 35 | | members expiring on January 1 of each odd-numbered year. |
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36 | 36 | | SECTION 2. Section 58.016(d), Agriculture Code, is amended |
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37 | 37 | | to read as follows: |
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38 | 38 | | (d) On or before January 1 of each year, the authority shall |
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39 | 39 | | prepare a report of its activities, including revenues and |
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40 | 40 | | expenditures relating to each program administered by the board, |
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41 | 41 | | for the preceding fiscal year. The report must set forth a complete |
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42 | 42 | | operating and financial statement. The report must be submitted to |
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43 | 43 | | the Legislative Budget Board. |
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44 | 44 | | SECTION 3. Section 58.021, Agriculture Code, is amended by |
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45 | 45 | | amending Subsections (a) through (c) to read as follows: |
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46 | 46 | | (a) In order to promote the expansion, development, and |
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47 | 47 | | diversification of production, processing, marketing, and export |
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48 | 48 | | of Texas agricultural products and to promote the development of |
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49 | 49 | | rural businesses, the authority shall design and implement programs |
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50 | 50 | | to provide financial assistance to eligible agricultural |
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51 | 51 | | businesses, including programs: |
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52 | 52 | | (1) to make or acquire loans to eligible agricultural |
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53 | 53 | | businesses; |
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54 | 54 | | (2) to make or acquire loans to lenders to enable those |
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55 | 55 | | lenders to make loans to eligible agricultural businesses; |
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56 | 56 | | (3) to insure, coinsure, and reinsure, in whole or in |
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57 | 57 | | part, loans to eligible agricultural businesses; |
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58 | 58 | | (4) to guarantee, in whole or in part, loans to |
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59 | 59 | | eligible agricultural businesses; [and] |
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60 | 60 | | (5) to administer or participate in programs |
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61 | 61 | | established by another person to provide financial assistance to |
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62 | 62 | | eligible agricultural businesses; and |
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63 | 63 | | (6) to administer or participate in programs with |
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64 | 64 | | other state entities that study issues impacting agricultural |
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65 | 65 | | producers, such as plant diseases and pest outbreaks. |
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66 | 66 | | (b) The authority's programs shall be designed and |
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67 | 67 | | implemented to provide financial assistance to enable eligible |
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68 | 68 | | agricultural businesses or state agencies to finance or refinance |
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69 | 69 | | costs incurred in connection with the development, increase, |
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70 | 70 | | improvement, or expansion of production, processing, marketing, or |
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71 | 71 | | export of Texas agricultural products and for the development of |
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72 | 72 | | rural agriculture-related businesses, including but not limited to |
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73 | 73 | | the costs of: |
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74 | 74 | | (1) acquisition of and improvements to land or |
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75 | 75 | | interests in land; |
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76 | 76 | | (2) acquisition, construction, rehabilitation, |
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77 | 77 | | operation, and maintenance of buildings, improvements, and |
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78 | 78 | | structures; |
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79 | 79 | | (3) site preparations; |
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80 | 80 | | (4) architectural, engineering, legal, and related |
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81 | 81 | | services; |
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82 | 82 | | (5) acquisition, installation, rehabilitation, |
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83 | 83 | | operation, and maintenance of machinery, equipment, furnishings, |
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84 | 84 | | and facilities; |
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85 | 85 | | (6) acquisition, processing, or distribution of |
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86 | 86 | | inventory; |
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87 | 87 | | (7) research and development; |
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88 | 88 | | (8) financing fees and charges; |
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89 | 89 | | (9) interest during acquisition or construction; |
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90 | 90 | | (10) necessary reserve fund; |
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91 | 91 | | (11) acquisition of licenses, permits, and approvals |
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92 | 92 | | from any governmental entity; |
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93 | 93 | | (12) pre-export and export expenses; and |
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94 | 94 | | (13) insect eradication and suppression programs. |
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95 | 95 | | (c) [Except as otherwise provided by this subsection, the |
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96 | 96 | | maximum aggregate amount of loans made to or guaranteed, insured, |
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97 | 97 | | coinsured, or reinsured under this subchapter for a single eligible |
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98 | 98 | | agricultural business by the authority from funds provided by the |
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99 | 99 | | authority is $2 million. The authority may make, guarantee, |
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100 | 100 | | insure, coinsure, or reinsure a loan for a single eligible |
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101 | 101 | | agricultural business that results in an aggregate amount exceeding |
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102 | 102 | | $2 million, but not exceeding $5 million, if the action is approved |
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103 | 103 | | by a two-thirds vote of the board members present.] The authority |
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104 | 104 | | may make, guarantee, participate in, insure, coinsure, or reinsure |
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105 | 105 | | loans to the entity designated to carry out boll weevil eradication |
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106 | 106 | | in accordance with Section 74.1011 in an amount approved by the |
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107 | 107 | | board to enable that entity to execute Subchapter D, Chapter 74. |
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108 | 108 | | The authority may issue an obligation on behalf of, or make, |
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109 | 109 | | guarantee, participate in, insure, coinsure, or reinsure loans to, |
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110 | 110 | | a state agency or an institution of higher education for the purpose |
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111 | 111 | | of the development, improvement, or expansion of an agricultural |
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112 | 112 | | product or an agriculture-related business in an amount approved by |
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113 | 113 | | the board. The authority may make, guarantee, participate in, |
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114 | 114 | | insure, coinsure, or reinsure loans to an eligible agricultural |
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115 | 115 | | business from the proceeds of revenue bonds issued in accordance |
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116 | 116 | | with Section 58.033 in an amount approved by the board. |
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117 | 117 | | SECTION 4. The heading to Subchapter F, Chapter 58, |
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118 | 118 | | Agriculture Code, is amended to read as follows: |
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119 | 119 | | SUBCHAPTER F. [YOUNG] FARMER INTEREST RATE REDUCTION PROGRAM |
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120 | 120 | | SECTION 5. Section 58.071, Agriculture Code, is amended to |
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121 | 121 | | read as follows: |
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122 | 122 | | Sec. 58.071. DEFINITIONS. In this subchapter: |
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123 | 123 | | (1) "Eligible lending institution" means a financial |
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124 | 124 | | institution that makes commercial loans, is either a depository of |
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125 | 125 | | state funds or an institution of the Farm Credit System |
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126 | 126 | | [headquartered in this state,] and agrees to participate in the |
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127 | 127 | | [young] farmer interest rate reduction program and to provide |
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128 | 128 | | collateral equal to the amount of linked deposits placed with it. |
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129 | 129 | | (2) "Linked deposit" means a time deposit governed by |
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130 | 130 | | a written deposit agreement between the state and an eligible |
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131 | 131 | | lending institution that provides: |
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132 | 132 | | (A) that the eligible lending institution pay |
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133 | 133 | | interest on the deposit at a rate that is not less than the greater |
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134 | 134 | | of: |
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135 | 135 | | (i) the current market rate of a United |
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136 | 136 | | States treasury bill or note of comparable maturity minus three |
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137 | 137 | | percent; or |
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138 | 138 | | (ii) 0.5 percent; |
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139 | 139 | | (B) that the state not withdraw any part of the |
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140 | 140 | | deposit before the expiration of a period set by a written advance |
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141 | 141 | | notice of the intention to withdraw; and |
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142 | 142 | | (C) that the eligible lending institution agree |
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143 | 143 | | to lend the value of the deposit to an eligible borrower at a |
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144 | 144 | | maximum rate that is the linked deposit rate plus a maximum of one |
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145 | 145 | | [four] percent. |
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146 | 146 | | SECTION 6. The heading to Section 58.072, Agriculture Code, |
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147 | 147 | | is amended to read as follows: |
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148 | 148 | | Sec. 58.072. [YOUNG] FARMER INTEREST RATE REDUCTION |
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149 | 149 | | PROGRAM. |
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150 | 150 | | SECTION 7. Section 58.072, Agriculture Code, is amended by |
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151 | 151 | | amending Subsections (a), (b), (d), (e), (k), (m), and (n) to read |
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152 | 152 | | as follows: |
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153 | 153 | | (a) The board shall establish a [young] farmer interest rate |
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154 | 154 | | reduction program to promote the creation and expansion of |
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155 | 155 | | agricultural businesses by [young] people in this state. |
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156 | 156 | | (b) The board shall accept applications on a biennial basis |
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157 | 157 | | [To be eligible to participate in the young farmer interest rate |
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158 | 158 | | reduction program, an applicant must be at least 18 years of age but |
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159 | 159 | | younger than 46 years of age]. |
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160 | 160 | | (d) The board shall adopt rules for the loan portion of the |
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161 | 161 | | [young] farmer interest rate reduction program. |
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162 | 162 | | (e) In order to participate in the [young] farmer interest |
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163 | 163 | | rate reduction program, an eligible lending institution may solicit |
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164 | 164 | | loan applications from eligible applicants. |
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165 | 165 | | (k) If a lending institution holding linked deposits ceases |
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166 | 166 | | to be either a state depository or a Farm Credit System institution |
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167 | 167 | | [headquartered in this state,] the comptroller may withdraw the |
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168 | 168 | | linked deposits. |
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169 | 169 | | (m) A lending institution is not ineligible to participate |
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170 | 170 | | in the [young] farmer interest rate reduction program solely |
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171 | 171 | | because a member of the board is also an officer, director, or |
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172 | 172 | | employee of the lending institution, provided that a board member |
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173 | 173 | | shall recuse himself or herself from any action taken by the board |
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174 | 174 | | on an application involving a lending institution by which the |
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175 | 175 | | board member is employed or for which the board member serves as an |
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176 | 176 | | officer or director. |
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177 | 177 | | (n) Linked deposits under the [young] farmer interest rate |
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178 | 178 | | reduction program shall be funded from the Texas agricultural fund. |
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179 | 179 | | SECTION 8. Section 58.075(a), Agriculture Code, is amended |
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180 | 180 | | to read as follows: |
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181 | 181 | | (a) The maximum amount of a loan under this subchapter is $1 |
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182 | 182 | | million [$500,000]. |
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183 | 183 | | SECTION 9. The heading to Subchapter G, Chapter 58, |
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184 | 184 | | Agriculture Code, is amended to read as follows: |
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185 | 185 | | SUBCHAPTER G. AGRICULTURE [YOUNG FARMER] GRANT PROGRAM |
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186 | 186 | | SECTION 10. Section 58.091(a), Agriculture Code, is amended |
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187 | 187 | | to read as follows: |
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188 | 188 | | (a) The authority shall administer an agriculture [a young |
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189 | 189 | | farmer] grant program. A grant must be for the purpose of |
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190 | 190 | | maintaining agricultural businesses, supply chain resiliency, or |
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191 | 191 | | fostering the creation and expansion of agricultural businesses by |
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192 | 192 | | people in this state. |
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193 | 193 | | SECTION 11. Section 58.092, Agriculture Code, is amended to |
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194 | 194 | | read as follows: |
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195 | 195 | | Sec. 58.092. ELIGIBILITY. To be eligible to receive a grant |
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196 | 196 | | under this subchapter, a person must: |
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197 | 197 | | (1) be an agricultural business or producer [who is at |
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198 | 198 | | least 18 years of age but younger than 46 years of age]; and |
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199 | 199 | | (2) provide matching funds in the amount of not less |
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200 | 200 | | than ten percent [one dollar for each dollar] of the grant money |
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201 | 201 | | received. |
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202 | 202 | | SECTION 12. Section 58.093, Agriculture Code, is amended to |
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203 | 203 | | read as follows: |
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204 | 204 | | Sec. 58.093. AMOUNT OF GRANTS. A grant under the |
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205 | 205 | | agriculture [young farmer] grant program may not be less than |
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206 | 206 | | $5,000 or more than $500,000 [$20,000]. |
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207 | 207 | | SECTION 13. Section 58.095, Agriculture Code, is amended to |
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208 | 208 | | read as follows: |
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209 | 209 | | Sec. 58.095. FUNDING. The source of funds for the |
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210 | 210 | | agriculture [young farmer] grant program is the Texas agricultural |
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211 | 211 | | fund. |
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212 | 212 | | SECTION 14. Chapter 58, Agriculture Code, is amended by |
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213 | 213 | | adding Subchapter H to read as follows: |
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214 | 214 | | SUBCHAPTER H. MISCELLANEOUS PROVISIONS |
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215 | 215 | | Sec. 58.100. DEFINITIONS. In this subchapter: |
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216 | 216 | | (1) "Agency" means the Texas Department of |
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217 | 217 | | Agriculture. |
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218 | 218 | | (2) "Commission" means the Texas Animal Health |
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219 | 219 | | Commission. |
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220 | 220 | | (3) "Extension" means the Texas A&M AgriLife Extension |
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221 | 221 | | Service. |
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222 | 222 | | Sec. 58.101. REPORT ON DISEASES AND PESTS. (a) The agency |
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223 | 223 | | shall partner with the extension or the commission, as appropriate, |
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224 | 224 | | to annually conduct a study of each existing or emerging, plant |
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225 | 225 | | disease and pest outbreaks in this state. |
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226 | 226 | | (b) In conducting the study under Subsection (a), the |
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227 | 227 | | extension or the commission shall determine for each outbreak of a |
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228 | 228 | | plant disease or pest: |
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229 | 229 | | (1) the duration of the outbreak; |
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230 | 230 | | (2) how the outbreak was resolved, if applicable; and |
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231 | 231 | | (3) any other information the extension service |
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232 | 232 | | determines is relevant. |
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233 | 233 | | (c) Not later than January 1 of each year, the extension |
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234 | 234 | | shall prepare and publish on the extension's Internet website a |
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235 | 235 | | report of the previous year's study conducted under this section. |
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236 | 236 | | (d) Not later than January 1, 2028, the extension shall |
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237 | 237 | | prepare and publish on the extension's Internet website a report |
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238 | 238 | | summarizing each annual report published under Subsection (c) and |
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239 | 239 | | providing policy recommendations to address outbreaks of plant |
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240 | 240 | | diseases and pests. The extension shall provide the report to the |
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241 | 241 | | Legislative Budget Board. |
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242 | 242 | | (e) This section expires January 31, 2028. |
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243 | 243 | | SECTION 15. This Act takes effect immediately if it |
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244 | 244 | | receives a vote of two-thirds of all the members elected to each |
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245 | 245 | | house, as provided by Section 39, Article III, Texas Constitution. |
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246 | 246 | | If this Act does not receive the vote necessary for immediate |
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247 | 247 | | effect, this Act takes effect September 1, 2025. |
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