Texas 2015 - 84th Regular

Texas Senate Bill SB786 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8592 BEF-D
2	2	By: Zaffirini S.B. No. 786
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing an agriculture ombudsman office in the
8	8	Department of Agriculture.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 2, Agriculture Code, is amended by adding
11	11	Chapter 27 to read as follows:
12	12	CHAPTER 27. AGRICULTURE OMBUDSMAN OFFICE
13	13	Sec. 27.001. DEFINITIONS. In this chapter:
14	14	(1) "Agriculture business" means a current or aspiring
15	15	agriculture producer or agriculture-related business, including:
16	16	(A) a farmer;
17	17	(B) a small-scale food producer, processor, or
18	18	manufacturer;
19	19	(C) a farmers market operator; and
20	20	(D) an institution that purchases agricultural
21	21	products directly from agriculture producers.
22	22	(2) "Office" means the agriculture ombudsman office
23	23	created under this chapter.
24	24	(3) "Ombudsman" means the individual who has been
25	25	appointed under this chapter as the agriculture ombudsman.
26	26	Sec. 27.002. ESTABLISHMENT; PURPOSE. The commissioner
27	27	shall establish an agriculture ombudsman office within the
28	28	department for the purpose of assisting agriculture businesses.
29	29	Sec. 27.003. INDEPENDENCE. The ombudsman in the
30	30	performance of the ombudsman's duties and powers under this chapter
31	31	acts independently of the commissioner and any other state
32	32	official.
33	33	Sec. 27.004. QUALIFICATION; APPOINTMENT. (a) The ombudsman
34	34	must have expertise in local, state, or federal regulations
35	35	applicable to agriculture businesses.
36	36	(b) The governor shall appoint the ombudsman to serve at the
37	37	will of the governor.
38	38	Sec. 27.005. ASSISTANTS. (a) The ombudsman may appoint
39	39	assistants to, under the direction of the ombudsman, perform the
40	40	same duties and exercise the same powers as the ombudsman.
41	41	(b) The ombudsman may employ persons or contract for
42	42	specific services as necessary to carry out this chapter, including
43	43	legal counsel and other professional and administrative staff that
44	44	are necessary to provide services to agriculture businesses.
45	45	Sec. 27.006. RULES. The ombudsman shall adopt rules to
46	46	implement this chapter.
47	47	Sec. 27.007. PROMOTION OF AWARENESS OF OFFICE. The
48	48	ombudsman shall promote awareness to the public of:
49	49	(1) how the office may be contacted;
50	50	(2) the purpose of the office; and
51	51	(3) the services the office provides.
52	52	Sec. 27.008. DUTIES AND POWERS OF OFFICE. The office shall:
53	53	(1) respond to questions about local, state, and
54	54	federal regulations that apply to agriculture businesses;
55	55	(2) provide contact information for local, state, and
56	56	federal officials that may assist agriculture businesses in
57	57	complying with regulations;
58	58	(3) provide assurance to local and state regulatory
59	59	agencies that agriculture businesses that are receiving assistance
60	60	from the ombudsman are meeting applicable legal and regulatory
61	61	requirements; and
62	62	(4) ensure that agriculture businesses are treated
63	63	fairly and expeditiously in regulatory application and review
64	64	processes.
65	65	Sec. 27.009. ACCESS TO INFORMATION. (a) A governmental
66	66	entity shall allow the office access to the entity's records
67	67	relating to action taken by the entity that affects an agriculture
68	68	business.
69	69	(b) The ombudsman may use the information obtained under
70	70	this section for the purposes of assisting agriculture businesses,
71	71	evaluating governmental entities' application of laws affecting
72	72	agriculture businesses, and making recommendations for
73	73	legislation.
74	74	Sec. 27.010. CONFIDENTIALITY OF RECORDS. The office shall
75	75	maintain the confidentiality of personal information obtained
76	76	under Section 27.009 and other information obtained under that
77	77	section that is confidential under Chapter 552, Government Code.
78	78	Sec. 27.011. REPORT. On or before January 1 of each year,
79	79	the ombudsman shall submit to the governor, the lieutenant
80	80	governor, and each member of the legislature a report that
81	81	describes, for the one-year period preceding the report:
82	82	(1) the activities of the ombudsman;
83	83	(2) the types of and number of complaints and
84	84	inquiries submitted to the ombudsman;
85	85	(3) any recommendations the ombudsman has relating to
86	86	the office; and
87	87	(4) any legislative proposals relating to agriculture
88	88	businesses.
89	89	SECTION 2. Not later than January 1, 2016, the commissioner
90	90	of agriculture shall establish the agriculture ombudsman office
91	91	under Chapter 27, Agriculture Code, as added by this Act, and the
92	92	governor shall appoint the agriculture ombudsman.
93	93	SECTION 3. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2015.