Texas 2017 - 85th Regular

Texas House Bill HB3646 Compare Versions

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

Old	New	Differences
1	1	85R1028 BEF-D
2	2	By: Larson H.B. No. 3646
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of the commissioner of agriculture.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 11.004, Agriculture Code, is amended to
10	10	read as follows:
11	11	Sec. 11.004. APPOINTMENT [ELECTION] AND TERM OF
12	12	COMMISSIONER. (a) The governor shall appoint the commissioner
13	13	with the advice and consent of the senate [is elected for a term of
14	14	four years].
15	15	(b) The commissioner's term of office runs concurrently
16	16	with the governor's.
17	17	(c) The governor shall appoint another person as
18	18	commissioner, with the advice and consent of the senate, to fill a
19	19	vacancy in the office of commissioner.
20	20	(d) The governor shall appoint the commissioner without
21	21	regard to the race, color, disability, sex, religion, age, or
22	22	national origin of the appointee.
23	23	SECTION 2. Section 11.005(a), Agriculture Code, is amended
24	24	to read as follows:
25	25	(a) To be eligible for appointment [election] as
26	26	commissioner [or appointment to fill a vacancy in the office of
27	27	commissioner], a person must satisfy the requirements for holding
28	28	elective office under Section 141.001, Election Code, and must:
29	29	(1) have been engaged, for at least five of the 10
30	30	years preceding the year in which the person is [elected or]
31	31	appointed to the person's initial term, in the business of
32	32	agriculture;
33	33	(2) have worked, for the five-year period preceding
34	34	the calendar year in which the person is [elected or] appointed to
35	35	the person's initial term, for a state or federal agency in a
36	36	position directly related to agriculture;
37	37	(3) have owned or operated, for at least five of the 10
38	38	years preceding the year in which the person is [elected or]
39	39	appointed to the person's initial term, farm, ranch, or timber land
40	40	that qualifies for agricultural use appraisal under Subchapter C,
41	41	Chapter 23, Tax Code, and be participating, in the calendar year in
42	42	which the person is [elected or] appointed to the person's initial
43	43	term, in a farm program administered by the federal Farm Service
44	44	Agency [Agricultural Stabilization and Conservation Service]; or
45	45	(4) have worked, for at least five years at any time
46	46	before the calendar year in which the person is [elected or]
47	47	appointed to the person's initial term, for the Texas Agriculture
48	48	[Agricultural] Council, an organization that is a member of the
49	49	Texas Agriculture [Agricultural] Council, or another agricultural
50	50	producer association.
51	51	SECTION 3. Section 58.025, Agriculture Code, is amended to
52	52	read as follows:
53	53	Sec. 58.025. PUBLIC HEARINGS. The administrator, the
54	54	commissioner, or an individual designated by the commissioner may
55	55	conduct public hearings relating to issuance of the authority's
56	56	bonds or the implementation of financial assistance, and the
57	57	governor [commissioner] may act as the applicable elected
58	58	representative for purposes of approving any bonds or financial
59	59	assistance required to be approved, including any approval required
60	60	under Section 147(f), [of the] Internal Revenue Code of 1986.
61	61	SECTION 4. Section 52.092(c), Election Code, is amended to
62	62	read as follows:
63	63	(c) Statewide offices of the state government shall be
64	64	listed in the following order:
65	65	(1) governor;
66	66	(2) lieutenant governor;
67	67	(3) attorney general;
68	68	(4) comptroller of public accounts;
69	69	(5) commissioner of the General Land Office;
70	70	(6) [commissioner of agriculture;
71	71	[(7)] railroad commissioner;
72	72	(7) [(8)] chief justice, supreme court;
73	73	(8) [(9)] justice, supreme court;
74	74	(9) [(10)] presiding judge, court of criminal
75	75	appeals;
76	76	(10) [(11)] judge, court of criminal appeals.
77	77	SECTION 5. (a) The term of office of the commissioner of
78	78	agriculture expires on the effective date of this Act.
79	79	(b) As soon as practicable on or after the effective date of
80	80	this Act, the governor shall appoint a person to the office of
81	81	commissioner of agriculture in the manner provided by Section
82	82	11.004, Agriculture Code, as amended by this Act.
83	83	SECTION 6. This Act takes effect September 1, 2017.