85R1028 BEF-D
By: Larson H.B. No. 3646
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of the commissioner of agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.004, Agriculture Code, is amended to
read as follows:
Sec. 11.004. APPOINTMENT [ELECTION] AND TERM OF
COMMISSIONER. (a) The governor shall appoint the commissioner
with the advice and consent of the senate [is elected for a term of
four years].
(b) The commissioner's term of office runs concurrently
with the governor's.
(c) The governor shall appoint another person as
commissioner, with the advice and consent of the senate, to fill a
vacancy in the office of commissioner.
(d) The governor shall appoint the commissioner without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
SECTION 2. Section 11.005(a), Agriculture Code, is amended
to read as follows:
(a) To be eligible for appointment [election] as
commissioner [or appointment to fill a vacancy in the office of
commissioner], a person must satisfy the requirements for holding
elective office under Section 141.001, Election Code, and must:
(1) have been engaged, for at least five of the 10
years preceding the year in which the person is [elected or]
appointed to the person's initial term, in the business of
agriculture;
(2) have worked, for the five-year period preceding
the calendar year in which the person is [elected or] appointed to
the person's initial term, for a state or federal agency in a
position directly related to agriculture;
(3) have owned or operated, for at least five of the 10
years preceding the year in which the person is [elected or]
appointed to the person's initial term, farm, ranch, or timber land
that qualifies for agricultural use appraisal under Subchapter C,
Chapter 23, Tax Code, and be participating, in the calendar year in
which the person is [elected or] appointed to the person's initial
term, in a farm program administered by the federal Farm Service
Agency [Agricultural Stabilization and Conservation Service]; or
(4) have worked, for at least five years at any time
before the calendar year in which the person is [elected or]
appointed to the person's initial term, for the Texas Agriculture
[Agricultural] Council, an organization that is a member of the
Texas Agriculture [Agricultural] Council, or another agricultural
producer association.
SECTION 3. Section 58.025, Agriculture Code, is amended to
read as follows:
Sec. 58.025. PUBLIC HEARINGS. The administrator, the
commissioner, or an individual designated by the commissioner may
conduct public hearings relating to issuance of the authority's
bonds or the implementation of financial assistance, and the
governor [commissioner] may act as the applicable elected
representative for purposes of approving any bonds or financial
assistance required to be approved, including any approval required
under Section 147(f), [of the] Internal Revenue Code of 1986.
SECTION 4. Section 52.092(c), Election Code, is amended to
read as follows:
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) [commissioner of agriculture;
[(7)] railroad commissioner;
(7) [(8)] chief justice, supreme court;
(8) [(9)] justice, supreme court;
(9) [(10)] presiding judge, court of criminal
appeals;
(10) [(11)] judge, court of criminal appeals.
SECTION 5. (a) The term of office of the commissioner of
agriculture expires on the effective date of this Act.
(b) As soon as practicable on or after the effective date of
this Act, the governor shall appoint a person to the office of
commissioner of agriculture in the manner provided by Section
11.004, Agriculture Code, as amended by this Act.
SECTION 6. This Act takes effect September 1, 2017.