The board must run the farmer interest rate reduction program and adopt rules for it. Eligible lending institutions may solicit applications, and must forward eligible, creditworthy linked-deposit applications with the applicable interest rate certification. The comptroller must place linked deposits after acceptance, but not beyond the current state fiscal biennium, and may withdraw deposits if a lender loses required status.
Sec. 58.072. FARMER INTEREST RATE REDUCTION PROGRAM. (a) The board shall establish a farmer interest rate reduction program to promote the creation and expansion of agricultural businesses by people in this state. (b) The board may disperse a loan under the farmer interest rate reduction program quarterly, annually, or biennially, or on another disbursement schedule, as determined by the board after considering the needs of the recipient. (c) The board shall approve or disapprove any and all applications under this subchapter, provided that the board may delegate this authority to the commissioner. (d) The board shall adopt rules for the loan portion of the farmer interest rate reduction program. (e) In order to participate in the farmer interest rate reduction program, an eligible lending institution may solicit loan applications from eligible applicants. (f) After reviewing an application and determining that the applicant is eligible and creditworthy, the eligible lending institution shall send the application for a linked deposit loan to the administrator of the authority. (g) The eligible lending institution shall certify the interest rate applicable to the specific eligible applicant and attach it to the application sent to the administrator of the authority. (h) After reviewing each loan application under this subchapter, the board or the commissioner shall recommend to the comptroller the acceptance or rejection of the application. (i) After acceptance of the application, the comptroller shall place a linked deposit with the applicable eligible lending institution for the period the comptroller considers appropriate. The comptroller may not place a deposit for a period extending beyond the state fiscal biennium in which it is placed. Subject to the limitation described by Section 58.075, the comptroller may place time deposits at an interest rate described by Section 58.071(2). (j) Before the placing of a linked deposit, the eligible lending institution and the state, represented by the comptroller, shall enter into a written deposit agreement containing the conditions on which the linked deposit is made. (k) If a lending institution holding linked deposits ceases to be either a state depository or a Farm Credit System institution, the comptroller may withdraw the linked deposits. (l) The board may adopt rules that create a procedure for determining priorities for loans granted under this subchapter. Each rule adopted must state the policy objective of the rule. (m) A lending institution is not ineligible to participate in the farmer interest rate reduction program solely because a member of the board is also an officer, director, or employee of the lending institution, provided that a board member shall recuse himself or herself from any action taken by the board on an application involving a lending institution by which the board member is employed or for which the board member serves as an officer or director. (n) Linked deposits under the farmer interest rate reduction program shall be funded from the Texas agricultural fund. Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 1.16, eff. September 1, 2009. Amended by: Acts 2025, 89th Leg., R.S., Ch. 709 (H.B. 43), Sec. 8, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 709 (H.B. 43), Sec. 9, eff. June 20, 2025.