84R8592 BEF-D
By: Zaffirini S.B. No. 786
A BILL TO BE ENTITLED
AN ACT
relating to establishing an agriculture ombudsman office in the
Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Agriculture Code, is amended by adding
Chapter 27 to read as follows:
CHAPTER 27. AGRICULTURE OMBUDSMAN OFFICE
Sec. 27.001. DEFINITIONS. In this chapter:
(1) "Agriculture business" means a current or aspiring
agriculture producer or agriculture-related business, including:
(A) a farmer;
(B) a small-scale food producer, processor, or
manufacturer;
(C) a farmers market operator; and
(D) an institution that purchases agricultural
products directly from agriculture producers.
(2) "Office" means the agriculture ombudsman office
created under this chapter.
(3) "Ombudsman" means the individual who has been
appointed under this chapter as the agriculture ombudsman.
Sec. 27.002. ESTABLISHMENT; PURPOSE. The commissioner
shall establish an agriculture ombudsman office within the
department for the purpose of assisting agriculture businesses.
Sec. 27.003. INDEPENDENCE. The ombudsman in the
performance of the ombudsman's duties and powers under this chapter
acts independently of the commissioner and any other state
official.
Sec. 27.004. QUALIFICATION; APPOINTMENT. (a) The ombudsman
must have expertise in local, state, or federal regulations
applicable to agriculture businesses.
(b) The governor shall appoint the ombudsman to serve at the
will of the governor.
Sec. 27.005. ASSISTANTS. (a) The ombudsman may appoint
assistants to, under the direction of the ombudsman, perform the
same duties and exercise the same powers as the ombudsman.
(b) The ombudsman may employ persons or contract for
specific services as necessary to carry out this chapter, including
legal counsel and other professional and administrative staff that
are necessary to provide services to agriculture businesses.
Sec. 27.006. RULES. The ombudsman shall adopt rules to
implement this chapter.
Sec. 27.007. PROMOTION OF AWARENESS OF OFFICE. The
ombudsman shall promote awareness to the public of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
Sec. 27.008. DUTIES AND POWERS OF OFFICE. The office shall:
(1) respond to questions about local, state, and
federal regulations that apply to agriculture businesses;
(2) provide contact information for local, state, and
federal officials that may assist agriculture businesses in
complying with regulations;
(3) provide assurance to local and state regulatory
agencies that agriculture businesses that are receiving assistance
from the ombudsman are meeting applicable legal and regulatory
requirements; and
(4) ensure that agriculture businesses are treated
fairly and expeditiously in regulatory application and review
processes.
Sec. 27.009. ACCESS TO INFORMATION. (a) A governmental
entity shall allow the office access to the entity's records
relating to action taken by the entity that affects an agriculture
business.
(b) The ombudsman may use the information obtained under
this section for the purposes of assisting agriculture businesses,
evaluating governmental entities' application of laws affecting
agriculture businesses, and making recommendations for
legislation.
Sec. 27.010. CONFIDENTIALITY OF RECORDS. The office shall
maintain the confidentiality of personal information obtained
under Section 27.009 and other information obtained under that
section that is confidential under Chapter 552, Government Code.
Sec. 27.011. REPORT. On or before January 1 of each year,
the ombudsman shall submit to the governor, the lieutenant
governor, and each member of the legislature a report that
describes, for the one-year period preceding the report:
(1) the activities of the ombudsman;
(2) the types of and number of complaints and
inquiries submitted to the ombudsman;
(3) any recommendations the ombudsman has relating to
the office; and
(4) any legislative proposals relating to agriculture
businesses.
SECTION 2. Not later than January 1, 2016, the commissioner
of agriculture shall establish the agriculture ombudsman office
under Chapter 27, Agriculture Code, as added by this Act, and the
governor shall appoint the agriculture ombudsman.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.