Texas 2025 - 89th Regular

Texas Senate Bill SB2985 Compare Versions

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11 89R19779 TYPED
22 By: Sparks S.B. No. 2985
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the Texas Agricultural Finance Authority and to a study
1010 and report on plant diseases and pest outbreaks.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 58.012, Agriculture Code, is amended by
1313 amending Subsections (a) and (b) to read as follows:
1414 (a) The authority is governed by a board of directors
1515 composed of the commissioner of agriculture[, the director of the
1616 Institute for International Agribusiness Studies at Prairie View
1717 A&M University,] and six [nine] members appointed by the
1818 commissioner. Members of the board must be appointed in the numbers
1919 specified and from the following categories:
2020 (1) one person who is an elected or appointed official
2121 of a municipality or county;
2222 (2) two [four] persons who are knowledgeable about
2323 agricultural lending practices;
2424 (3) one person who is a representative of agricultural
2525 businesses;
2626 (4) one person who is a representative of agriculture
2727 related entities, including rural chambers of commerce,
2828 foundations, trade associations, institutions of higher education,
2929 or other entities involved in agricultural matters; and
3030 (5) one person [two persons] who represents
3131 [represent] young farmers and the interests of young farmers.
3232 (b) The appointed members of the board serve staggered terms
3333 of two years, with the terms of three [four] members expiring on
3434 January 1 of each even-numbered year and the terms of three [five]
3535 members expiring on January 1 of each odd-numbered year.
3636 SECTION 2. Section 58.016(d), Agriculture Code, is amended
3737 to read as follows:
3838 (d) On or before January 1 of each year, the authority shall
3939 prepare a report of its activities, including revenues and
4040 expenditures relating to each program administered by the board,
4141 for the preceding fiscal year. The report must set forth a complete
4242 operating and financial statement. The report must be submitted to
4343 the Legislative Budget Board.
4444 SECTION 3. Section 58.021, Agriculture Code, is amended by
4545 amending Subsections (a) through (c) to read as follows:
4646 (a) In order to promote the expansion, development, and
4747 diversification of production, processing, marketing, and export
4848 of Texas agricultural products and to promote the development of
4949 rural businesses, the authority shall design and implement programs
5050 to provide financial assistance to eligible agricultural
5151 businesses, including programs:
5252 (1) to make or acquire loans to eligible agricultural
5353 businesses;
5454 (2) to make or acquire loans to lenders to enable those
5555 lenders to make loans to eligible agricultural businesses;
5656 (3) to insure, coinsure, and reinsure, in whole or in
5757 part, loans to eligible agricultural businesses;
5858 (4) to guarantee, in whole or in part, loans to
5959 eligible agricultural businesses; [and]
6060 (5) to administer or participate in programs
6161 established by another person to provide financial assistance to
6262 eligible agricultural businesses; and
6363 (6) to administer or participate in programs with
6464 other state entities that study issues impacting agricultural
6565 producers, such as plant diseases and pest outbreaks.
6666 (b) The authority's programs shall be designed and
6767 implemented to provide financial assistance to enable eligible
6868 agricultural businesses or state agencies to finance or refinance
6969 costs incurred in connection with the development, increase,
7070 improvement, or expansion of production, processing, marketing, or
7171 export of Texas agricultural products and for the development of
7272 rural agriculture-related businesses, including but not limited to
7373 the costs of:
7474 (1) acquisition of and improvements to land or
7575 interests in land;
7676 (2) acquisition, construction, rehabilitation,
7777 operation, and maintenance of buildings, improvements, and
7878 structures;
7979 (3) site preparations;
8080 (4) architectural, engineering, legal, and related
8181 services;
8282 (5) acquisition, installation, rehabilitation,
8383 operation, and maintenance of machinery, equipment, furnishings,
8484 and facilities;
8585 (6) acquisition, processing, or distribution of
8686 inventory;
8787 (7) research and development;
8888 (8) financing fees and charges;
8989 (9) interest during acquisition or construction;
9090 (10) necessary reserve fund;
9191 (11) acquisition of licenses, permits, and approvals
9292 from any governmental entity;
9393 (12) pre-export and export expenses; and
9494 (13) insect eradication and suppression programs.
9595 (c) [Except as otherwise provided by this subsection, the
9696 maximum aggregate amount of loans made to or guaranteed, insured,
9797 coinsured, or reinsured under this subchapter for a single eligible
9898 agricultural business by the authority from funds provided by the
9999 authority is $2 million. The authority may make, guarantee,
100100 insure, coinsure, or reinsure a loan for a single eligible
101101 agricultural business that results in an aggregate amount exceeding
102102 $2 million, but not exceeding $5 million, if the action is approved
103103 by a two-thirds vote of the board members present.] The authority
104104 may make, guarantee, participate in, insure, coinsure, or reinsure
105105 loans to the entity designated to carry out boll weevil eradication
106106 in accordance with Section 74.1011 in an amount approved by the
107107 board to enable that entity to execute Subchapter D, Chapter 74.
108108 The authority may issue an obligation on behalf of, or make,
109109 guarantee, participate in, insure, coinsure, or reinsure loans to,
110110 a state agency or an institution of higher education for the purpose
111111 of the development, improvement, or expansion of an agricultural
112112 product or an agriculture-related business in an amount approved by
113113 the board. The authority may make, guarantee, participate in,
114114 insure, coinsure, or reinsure loans to an eligible agricultural
115115 business from the proceeds of revenue bonds issued in accordance
116116 with Section 58.033 in an amount approved by the board.
117117 SECTION 4. The heading to Subchapter F, Chapter 58,
118118 Agriculture Code, is amended to read as follows:
119119 SUBCHAPTER F. [YOUNG] FARMER INTEREST RATE REDUCTION PROGRAM
120120 SECTION 5. Section 58.071, Agriculture Code, is amended to
121121 read as follows:
122122 Sec. 58.071. DEFINITIONS. In this subchapter:
123123 (1) "Eligible lending institution" means a financial
124124 institution that makes commercial loans, is either a depository of
125125 state funds or an institution of the Farm Credit System
126126 [headquartered in this state,] and agrees to participate in the
127127 [young] farmer interest rate reduction program and to provide
128128 collateral equal to the amount of linked deposits placed with it.
129129 (2) "Linked deposit" means a time deposit governed by
130130 a written deposit agreement between the state and an eligible
131131 lending institution that provides:
132132 (A) that the eligible lending institution pay
133133 interest on the deposit at a rate that is not less than the greater
134134 of:
135135 (i) the current market rate of a United
136136 States treasury bill or note of comparable maturity minus three
137137 percent; or
138138 (ii) 0.5 percent;
139139 (B) that the state not withdraw any part of the
140140 deposit before the expiration of a period set by a written advance
141141 notice of the intention to withdraw; and
142142 (C) that the eligible lending institution agree
143143 to lend the value of the deposit to an eligible borrower at a
144144 maximum rate that is the linked deposit rate plus a maximum of one
145145 [four] percent.
146146 SECTION 6. The heading to Section 58.072, Agriculture Code,
147147 is amended to read as follows:
148148 Sec. 58.072. [YOUNG] FARMER INTEREST RATE REDUCTION
149149 PROGRAM.
150150 SECTION 7. Section 58.072, Agriculture Code, is amended by
151151 amending Subsections (a), (b), (d), (e), (k), (m), and (n) to read
152152 as follows:
153153 (a) The board shall establish a [young] farmer interest rate
154154 reduction program to promote the creation and expansion of
155155 agricultural businesses by [young] people in this state.
156156 (b) The board shall accept applications on a biennial basis
157157 [To be eligible to participate in the young farmer interest rate
158158 reduction program, an applicant must be at least 18 years of age but
159159 younger than 46 years of age].
160160 (d) The board shall adopt rules for the loan portion of the
161161 [young] farmer interest rate reduction program.
162162 (e) In order to participate in the [young] farmer interest
163163 rate reduction program, an eligible lending institution may solicit
164164 loan applications from eligible applicants.
165165 (k) If a lending institution holding linked deposits ceases
166166 to be either a state depository or a Farm Credit System institution
167167 [headquartered in this state,] the comptroller may withdraw the
168168 linked deposits.
169169 (m) A lending institution is not ineligible to participate
170170 in the [young] farmer interest rate reduction program solely
171171 because a member of the board is also an officer, director, or
172172 employee of the lending institution, provided that a board member
173173 shall recuse himself or herself from any action taken by the board
174174 on an application involving a lending institution by which the
175175 board member is employed or for which the board member serves as an
176176 officer or director.
177177 (n) Linked deposits under the [young] farmer interest rate
178178 reduction program shall be funded from the Texas agricultural fund.
179179 SECTION 8. Section 58.075(a), Agriculture Code, is amended
180180 to read as follows:
181181 (a) The maximum amount of a loan under this subchapter is $1
182182 million [$500,000].
183183 SECTION 9. The heading to Subchapter G, Chapter 58,
184184 Agriculture Code, is amended to read as follows:
185185 SUBCHAPTER G. AGRICULTURE [YOUNG FARMER] GRANT PROGRAM
186186 SECTION 10. Section 58.091(a), Agriculture Code, is amended
187187 to read as follows:
188188 (a) The authority shall administer an agriculture [a young
189189 farmer] grant program. A grant must be for the purpose of
190190 maintaining agricultural businesses, supply chain resiliency, or
191191 fostering the creation and expansion of agricultural businesses by
192192 people in this state.
193193 SECTION 11. Section 58.092, Agriculture Code, is amended to
194194 read as follows:
195195 Sec. 58.092. ELIGIBILITY. To be eligible to receive a grant
196196 under this subchapter, a person must:
197197 (1) be an agricultural business or producer [who is at
198198 least 18 years of age but younger than 46 years of age]; and
199199 (2) provide matching funds in the amount of not less
200200 than ten percent [one dollar for each dollar] of the grant money
201201 received.
202202 SECTION 12. Section 58.093, Agriculture Code, is amended to
203203 read as follows:
204204 Sec. 58.093. AMOUNT OF GRANTS. A grant under the
205205 agriculture [young farmer] grant program may not be less than
206206 $5,000 or more than $500,000 [$20,000].
207207 SECTION 13. Section 58.095, Agriculture Code, is amended to
208208 read as follows:
209209 Sec. 58.095. FUNDING. The source of funds for the
210210 agriculture [young farmer] grant program is the Texas agricultural
211211 fund.
212212 SECTION 14. Chapter 58, Agriculture Code, is amended by
213213 adding Subchapter H to read as follows:
214214 SUBCHAPTER H. MISCELLANEOUS PROVISIONS
215215 Sec. 58.100. DEFINITIONS. In this subchapter:
216216 (1) "Agency" means the Texas Department of
217217 Agriculture.
218218 (2) "Commission" means the Texas Animal Health
219219 Commission.
220220 (3) "Extension" means the Texas A&M AgriLife Extension
221221 Service.
222222 Sec. 58.101. REPORT ON DISEASES AND PESTS. (a) The agency
223223 shall partner with the extension or the commission, as appropriate,
224224 to annually conduct a study of each existing or emerging, plant
225225 disease and pest outbreaks in this state.
226226 (b) In conducting the study under Subsection (a), the
227227 extension or the commission shall determine for each outbreak of a
228228 plant disease or pest:
229229 (1) the duration of the outbreak;
230230 (2) how the outbreak was resolved, if applicable; and
231231 (3) any other information the extension service
232232 determines is relevant.
233233 (c) Not later than January 1 of each year, the extension
234234 shall prepare and publish on the extension's Internet website a
235235 report of the previous year's study conducted under this section.
236236 (d) Not later than January 1, 2028, the extension shall
237237 prepare and publish on the extension's Internet website a report
238238 summarizing each annual report published under Subsection (c) and
239239 providing policy recommendations to address outbreaks of plant
240240 diseases and pests. The extension shall provide the report to the
241241 Legislative Budget Board.
242242 (e) This section expires January 31, 2028.
243243 SECTION 15. This Act takes effect immediately if it
244244 receives a vote of two-thirds of all the members elected to each
245245 house, as provided by Section 39, Article III, Texas Constitution.
246246 If this Act does not receive the vote necessary for immediate
247247 effect, this Act takes effect September 1, 2025.