In this chapter:

1. (1) "Eligible lending institution" means a financial institution that makes commercial loans, is either a depository of state funds or an institution of the Farm Credit System headquartered in this state, and agrees to participate in the linked deposit program and to provide collateral equal to the amount of linked deposits placed with it.

2. (2) "Eligible borrower" means a person who is in the business or entering the business of:

   1. (A) processing and marketing agricultural crops in this state;
   2. (B) producing alternative agricultural crops in this state;
   3. (C) producing agricultural crops in this state the production of which has declined because of natural disasters;
   4. (D) producing agricultural crops in this state using water conservation equipment for agricultural production purposes; or
   5. (E) providing nonagricultural goods or services that provide an economic benefit to a municipality or county in a rural area.
3. (3) "Alternative agricultural crops" means crops not customarily grown in this state but that could feasibly be produced in this state.

4. (4) "Linked deposit" means a time deposit governed by a written deposit agreement between the state and an eligible lending institution that provides:

   1. (A) that the eligible lending institution pay interest on the deposit at a rate that is not less than the greater of:

      1. (i) the current market rate of a United States treasury bill or note of comparable maturity minus two percent; or
      2. (ii) 1.5 percent;
   2. (B) that the state not withdraw any part of the deposit before the expiration of a period set by a written advance notice of the intention to withdraw; and
   3. (C) that the eligible lending institution agree to lend the value of the deposit to an eligible borrower at a maximum rate that is the linked deposit rate plus a maximum of four percent.
5. (5) "Microenterprise" means a small business located in a rural area in which the owner operates the enterprise. Priority under this chapter shall be given to microenterprises which demonstrate significant potential for expansion that will provide jobs in economically depressed rural communities or to currently unemployed rural residents.
6. (6) "Rural area" means an area which is predominantly rural in character, being one which the board defines and declares to be a rural area.
7. (7) "Board" means the board of directors of the Texas Agricultural Finance Authority in Chapter 58.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 32, art. 1, Sec. 1, eff. Nov. 3, 1987.

Amended by Acts 1989, 71st Leg., ch. 1247, Sec. 3, eff. Sept. 1, 1989;

Acts 1993, 73rd Leg., ch. 644, Sec. 1, eff. Aug. 30, 1993;

Acts 1993, 73rd Leg., ch. 1041, Sec. 3, eff. Aug. 30, 1993;

Acts 1995, 74th Leg., ch. 419, Sec. 5.01, eff. Sept. 1, 1995;

Acts 1999, 76th Leg., ch. 1459, Sec. 1, eff. June 19, 1999;

Acts 2001, 77th Leg., ch. 26, Sec. 1, eff. May 2, 2001.