89th Legislature

HB 43

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 43 proposes a series of statutory revisions to the Texas Agriculture Code, specifically addressing the structure, operations, and scope of the Texas Agricultural Finance Authority (TAFA). The bill modernizes and refines the definition of “agricultural business” to better align with the agency’s mission of supporting agricultural production and rural economic development. It removes previously included references to recreational businesses and other unrelated rural enterprises, narrowing eligibility to those directly engaged in producing, processing, or marketing agricultural products, as well as certain nonprofits, educational institutions, and boll weevil eradication entities.

The legislation also restructures the composition of TAFA’s governing board. It reduces ambiguity in appointment procedures and ensures more diverse agricultural representation by mandating that board members include individuals actively involved in agriculture or young farmer advocacy. Terms are adjusted to be staggered for continuity, and age may be considered as a factor in certain appointments to encourage generational balance.

Additionally, the bill amends the authority’s budgetary and reporting protocols, including requiring annual budgets for specific loan guarantee programs and annual reports to the Legislative Budget Board. These changes aim to enhance transparency and fiscal accountability. Finally, the bill removes existing statutory caps on loans for eligible agricultural businesses, granting the authority greater discretion to meet financial needs—especially for large-scale projects like boll weevil eradication—while maintaining board oversight through supermajority approval for higher loan amounts.

The originally filed version of HB 43 and the Committee Substitute share the overarching goal of reforming the Texas Agricultural Finance Authority (TAFA) and its associated programs, but they differ significantly in their structure, scope, and details.

The originally filed bill focused on restructuring TAFA’s board by reducing its size and eliminating the automatic inclusion of the Prairie View A&M University representative. It maintained a broader focus on developing rural businesses and agricultural expansion. Notably, it introduced new responsibilities for TAFA to collaborate with other agencies in studying plant diseases and pest outbreaks. It also proposed expanding and renaming the “Young Farmer” programs to more inclusive “Farmer” programs, increasing the loan cap to $1 million, and raising the upper grant limit from $20,000 to $500,000. The bill also added a temporary requirement for annual studies on plant disease and pest outbreaks, culminating in a policy recommendation report due by 2028​.

In contrast, the Committee Substitute version broadens and restructures the definition of "agricultural business" under Section 58.002 of the Agriculture Code. It removes language relating to recreational businesses and instead includes entities directly involved in agricultural production or conservation, including nonprofit organizations and institutions of higher education. The substitute version also significantly reorganizes the TAFA board’s composition: rather than being entirely appointed by the Commissioner of Agriculture, it introduces appointments by both the commissioner and the governor, with specific representation from young farmers and family farm operators​.

Another key difference is that the Committee Substitute removes the detailed new subchapter on pest and disease outbreak research and reporting, as well as the related sunset provision set for 2028. These elements were central to the original bill’s expansion of TAFA’s research and oversight role. By omitting them, the substitute version narrows the scope of TAFA’s mandate and instead concentrates more on fiscal administration and loan policy changes, such as deleting hard loan caps and streamlining budget and reporting procedures​.

In summary, while both versions aim to modernize and strengthen TAFA, the originally filed bill included a broader research role and more expansive programmatic updates, especially around public health and pest management. The committee substitute refines governance, tightens program eligibility, and removes broader mandates in favor of focused structural and financial reforms.
Author
Stan Kitzman
Ryan Guillen
Janie Lopez
Greg Bonnen
Mary Gonzalez
Co-Author
Trent Ashby
Jeffrey Barry
Cecil Bell, Jr.
Keith Bell
Bradley Buckley
Ben Bumgarner
Briscoe Cain
Elizabeth Campos
Terry Canales
Philip Cortez
Charles Cunningham
Pat Curry
Drew Darby
Jay Dean
Mano DeAyala
Paul Dyson
Caroline Fairly
Erin Gamez
Stan Gerdes
Robert Guerra
Cody Harris
Cole Hefner
Carrie Isaac
Ann Johnson
Stan Lambert
Brooks Landgraf
Jeff Leach
A.J. Louderback
Christian Manuel
Don McLaughlin
William Metcalf
Joseph Moody
Penny Morales Shaw
Eddie Morales
Tom Oliverson
Claudia Ordaz
Angelia Orr
Jared Patterson
Mary Perez
Dade Phelan
Richard Raymond
Shelby Slawson
David Spiller
James Talarico
Cody Vasut
Denise Villalobos
Trey Wharton
Erin Zwiener
Sponsor
Kevin Sparks
Co-Sponsor
Cesar Blanco
Adam Hinojosa
Juan Hinojosa
Charles Perry
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 43 are presently indeterminate, primarily due to uncertainty surrounding the volume and monetary value of loans and grants that may be issued under the expanded program authorities in the bill. The legislation eliminates previous caps on loans for boll weevil eradication programs and increases maximum allowable amounts under the Farmer Interest Rate Reduction Program and the Agriculture Grant Program. These changes could significantly alter the financial outlays and interest earnings flowing through the Texas Agricultural Fund No. 683, but exact projections are unavailable at this time.

The bill does not directly appropriate funds but would establish statutory authority for future appropriations. It modifies eligibility and reporting requirements and authorizes TAFA to collaborate with other agencies, such as the Texas Animal Health Commission and Texas A&M AgriLife Extension Service, to support programs targeting pest and disease control. Financial assistance for these purposes would come from the Texas Agricultural Fund, which could experience increased activity depending on agency participation and program uptake.

Despite the potential for increased activity and broader funding flows, state agencies involved—including the Texas Department of Agriculture, the Animal Health Commission, and the Texas A&M University System—have indicated they can absorb any administrative costs within existing resources. Additionally, no significant fiscal impact is anticipated for local governments. As such, while the bill could meaningfully shift TAFA's financial landscape, especially through expanded grants and loans, the precise budgetary effects remain unknown and contingent on future program execution and participation levels.

Vote Recommendation Notes

HB 43 seeks to modernize and expand the Texas Agricultural Finance Authority (TAFA) by broadening eligibility for financial assistance programs, raising loan and grant limits, and increasing TAFA's role in supporting pest and disease mitigation efforts in coordination with other state agencies. While the bill is responsive to real challenges facing Texas agriculture, such as weather-related losses and rising input costs, its approach reflects a broader expansion of government involvement in the agricultural sector than is appropriate under a limited-government philosophy.

The bill increases the scope and footprint of state government by giving TAFA new responsibilities beyond its original purpose as a lender and loan guarantor. It expands TAFA’s authority to administer or fund pest and disease control programs, and it removes key financial safeguards, such as statutory caps on loan amounts to individual businesses. This mission drift not only sets a precedent for future expansions but also  creates an unclear boundary between state support and operational intervention in private industry.

Moreover, the bill introduces fiscal uncertainty. The Legislative Budget Board was unable to determine the financial impact of the bill, due to the unknown number and size of future loans and grants. This kind of fiscal open-endedness is a cause for concern, especially when coupled with large increases in loan and grant limits and no clear plan for ensuring long-term fund solvency. While no new taxes or appropriations are made in this bill, it creates the legal groundwork for future commitments of taxpayer resources.

Finally, the bill continues a pattern of industry-specific economic favoritism by granting special privileges to agricultural businesses. While agriculture is a critical sector, a free market should not be distorted by state programs that offer preferential treatment to one industry over others. In doing so, the bill violates core principles of market neutrality, fairness, and fiscal discipline.

For these reasons—expansion of government scope, fiscal risk, and unequal economic treatment—Texas Policy Research recommends that lawmakers vote NO on HB 43. It does not reflect the proper, limited role of government and raises long-term structural concerns despite its well-meaning intentions.

  • Individual Liberty: The bill removes restrictive age limits on who can apply for interest rate reductions and grants, expanding access to financial tools for a broader range of agricultural producers. This change supports individual freedom by allowing more Texans, regardless of age, to make voluntary use of state-backed programs. It empowers individuals to sustain or launch agricultural ventures without arbitrary eligibility barriers. However, because participation is voluntary and the programs are opt-in, the bill does not directly infringe on individual rights. Nonetheless, expanding state control or involvement in sectors of the economy can have long-term implications for liberty if it begins to displace private solutions or create dependency.
  • Personal Responsibility: On one hand, the bill retains matching fund requirements for grant recipients and maintains oversight from the TAFA board, which helps ensure that recipients share in the financial risk and are incentivized to use funds responsibly. These provisions help reinforce the principle that individuals and businesses are responsible for their outcomes and should not receive unlimited, unconditional support. On the other hand, by increasing grant and loan caps significantly and expanding eligibility, the bill risks weakening this principle over time. Larger grants and a broader recipient pool—especially without caps on aggregate loan amounts—may reduce the perception that agricultural risk is a private matter, and instead reinforce the expectation of state-backed assistance.
  • Free Enterprise: Though intended to strengthen agricultural enterprise, this bill distorts the free market by extending preferential financial advantages to a single industry—agriculture—through subsidized interest rates and public grant programs. This type of selective intervention departs from free-market principles, where all businesses should compete on equal footing without government favoritism. Furthermore, by allowing the state to fund activities like pest and disease mitigation, typically handled through private insurance, cooperative agreements, or voluntary associations, the bill signals a shift toward state involvement in private-sector risk management, a move antithetical to free enterprise.
  • Private Property Rights: The bill positively reinforces property rights in certain ways, especially through its inclusion of nonprofit organizations whose mission is to maintain the agricultural use of land. Encouraging long-term agricultural stewardship and keeping land in productive private hands supports the principle that individuals should be free to use and manage their property without unnecessary state interference. However, this benefit is indirect, and the increased scope of state involvement in agricultural operations could, over time, invite more conditions or compliance requirements tied to financial support. While not currently present in the bill, this potential should not be overlooked.
  • Limited Government: The most significant philosophical impact of the bill is its departure from the principle of limited government. It expands the scope of TAFA beyond lending to operational involvement in pest and disease control, authorizes financial assistance programs to additional public agencies, raises program caps significantly without firm fiscal guardrails, and lacks any sunset or structural restraint on the expanded authority. These expansions, though well-intentioned, broaden the state’s economic footprint and create new expectations of public support, a direct conflict with the principle that government should do only what is necessary and no more.
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