Texas 2017 - 85th Regular

Texas House Bill HB3798 Compare Versions

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

Old	New	Differences
1	1	85R8059 BEF-F
2	2	By: Alonzo H.B. No. 3798
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of an agriculture and rural ombudsman
8	8	office.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 4, Government Code, is amended
11	11	by adding Chapter 482 to read as follows:
12	12	CHAPTER 482. AGRICULTURE AND RURAL OMBUDSMAN OFFICE
13	13	Sec. 482.001. 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) "Executive director" means the executive director
23	23	of the Texas Economic Development and Tourism Office.
24	24	(3) "Office" means the agriculture and rural ombudsman
25	25	office created under this chapter.
26	26	(4) "Ombudsman" means the individual who has been
27	27	selected under this chapter as the agriculture and rural ombudsman.
28	28	Sec. 482.002. ESTABLISHMENT; PURPOSE. The office of the
29	29	governor shall establish an agriculture and rural ombudsman office
30	30	within the Texas Economic Development and Tourism Office for the
31	31	purpose of assisting agriculture businesses and businesses located
32	32	in rural areas.
33	33	Sec. 482.003. QUALIFICATION; APPOINTMENT. (a) The
34	34	ombudsman must have expertise in local, state, or federal
35	35	regulations applicable to agriculture businesses and businesses
36	36	located in rural areas.
37	37	(b) The executive director shall select the ombudsman.
38	38	Sec. 482.004. ASSISTANTS. (a) The ombudsman with the
39	39	approval of the executive director may employ assistants to, under
40	40	the direction of the ombudsman, perform the same duties and
41	41	exercise the same powers as the ombudsman.
42	42	(b) The ombudsman with the approval of the executive
43	43	director may employ persons or contract for specific services as
44	44	necessary to carry out this chapter, including legal counsel and
45	45	other professional and administrative staff that are necessary to
46	46	provide services to agriculture businesses and businesses located
47	47	in rural areas.
48	48	Sec. 482.005. RULES. The executive director shall adopt
49	49	rules proposed by the ombudsman to implement this chapter.
50	50	Sec. 482.006. PROMOTION OF AWARENESS OF OFFICE. The
51	51	ombudsman shall promote public awareness of:
52	52	(1) how the office may be contacted;
53	53	(2) the purpose of the office; and
54	54	(3) the services the office provides.
55	55	Sec. 482.007. DUTIES AND POWERS OF OFFICE. The office
56	56	shall:
57	57	(1) respond to questions about local, state, and
58	58	federal regulations that apply to agriculture businesses and
59	59	businesses located in rural areas;
60	60	(2) provide contact information for local, state, and
61	61	federal officials that may assist agriculture businesses and
62	62	businesses located in rural areas in complying with regulations;
63	63	(3) provide assurance to local and state regulatory
64	64	agencies that agriculture businesses and businesses located in
65	65	rural areas that are receiving assistance from the ombudsman are
66	66	meeting applicable legal and regulatory requirements; and
67	67	(4) ensure that agriculture businesses and businesses
68	68	located in rural areas are treated fairly and expeditiously in
69	69	regulatory application and review processes.
70	70	Sec. 482.008. ACCESS TO INFORMATION. (a) A governmental
71	71	entity shall allow the office access to the entity's records
72	72	relating to action taken by the entity that affects an agriculture
73	73	business or a business located in a rural area.
74	74	(b) The ombudsman may use the information obtained under
75	75	this section for the purposes of assisting agriculture businesses
76	76	and businesses located in rural areas, evaluating governmental
77	77	entities' application of laws affecting agriculture businesses and
78	78	businesses located in rural areas, and making recommendations for
79	79	legislation.
80	80	Sec. 482.009. CONFIDENTIALITY OF RECORDS. The office shall
81	81	maintain the confidentiality of personal information obtained
82	82	under Section 482.008 and other information obtained under that
83	83	section that is confidential under Chapter 552.
84	84	Sec. 482.010. REPORT. On or before January 1 of each year,
85	85	the ombudsman shall submit to the governor, the lieutenant
86	86	governor, and each member of the legislature a report that
87	87	describes, for the one-year period preceding the report:
88	88	(1) the activities of the ombudsman;
89	89	(2) the types of and number of complaints and
90	90	inquiries submitted to the ombudsman;
91	91	(3) any recommendations the ombudsman has relating to
92	92	the office; and
93	93	(4) any legislative proposals relating to agriculture
94	94	businesses and businesses located in rural areas.
95	95	SECTION 2. Not later than January 1, 2018, the office of the
96	96	governor shall establish the agriculture and rural ombudsman office
97	97	under Chapter 482, Government Code, as added by this Act, and the
98	98	executive director of the Texas Economic Development and Tourism
99	99	Office shall select the agriculture and rural ombudsman.
100	100	SECTION 3. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2017.