Texas 2019 - 86th Regular

Texas Senate Bill SB776 Compare Versions

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

Old	New	Differences
1	1	By: Zaffirini S.B. No. 776
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of an agriculture and rural ombudsman
7	7	office.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 4, Government Code, is amended
10	10	by adding Chapter 482 to read as follows:
11	11	CHAPTER 482. AGRICULTURE AND RURAL OMBUDSMAN OFFICE
12	12	Sec. 482.001. DEFINITIONS. In this chapter:
13	13	(1) "Agriculture business" means a current or aspiring
14	14	agriculture producer or agriculture-related business, including:
15	15	(A) a farmer;
16	16	(B) a small-scale food producer, processor, or
17	17	manufacturer;
18	18	(C) a farmers market operator; and
19	19	(D) an institution that purchases agricultural
20	20	products directly from agriculture producers.
21	21	(2) "Executive director" means the executive director
22	22	of the Texas Economic Development and Tourism Office.
23	23	(3) "Office" means the agriculture and rural ombudsman
24	24	office created under this chapter.
25	25	(4) "Ombudsman" means the individual who has been
26	26	selected under this chapter as the agriculture and rural ombudsman.
27	27	Sec. 482.002. ESTABLISHMENT; PURPOSE. The office of the
28	28	governor shall establish an agriculture and rural ombudsman office
29	29	within the Texas Economic Development and Tourism Office for the
30	30	purpose of assisting agriculture businesses and businesses located
31	31	in rural areas.
32	32	Sec. 482.003. QUALIFICATION; APPOINTMENT. (a) The
33	33	ombudsman must have expertise in local, state, or federal
34	34	regulations applicable to agriculture businesses and businesses
35	35	located in rural areas.
36	36	(b) The executive director shall select the ombudsman.
37	37	Sec. 482.004. ASSISTANTS. (a) The ombudsman with the
38	38	approval of the executive director may employ assistants to, under
39	39	the direction of the ombudsman, perform the same duties and
40	40	exercise the same powers as the ombudsman.
41	41	(b) The ombudsman with the approval of the executive
42	42	director may employ persons or contract for specific services as
43	43	necessary to carry out this chapter, including legal counsel and
44	44	other professional and administrative staff that are necessary to
45	45	provide services to agriculture businesses and businesses located
46	46	in rural areas.
47	47	Sec. 482.005. RULES. The executive director shall adopt
48	48	rules proposed by the ombudsman to implement this chapter.
49	49	Sec. 482.006. PROMOTION OF AWARENESS OF OFFICE. The
50	50	ombudsman shall promote public awareness of:
51	51	(1) how the office may be contacted;
52	52	(2) the purpose of the office; and
53	53	(3) the services the office provides.
54	54	Sec. 482.007. DUTIES AND POWERS OF OFFICE. The office
55	55	shall:
56	56	(1) respond to questions about local, state, and
57	57	federal regulations that apply to agriculture businesses and
58	58	businesses located in rural areas;
59	59	(2) provide contact information for local, state, and
60	60	federal officials that may assist agriculture businesses and
61	61	businesses located in rural areas in complying with regulations;
62	62	(3) provide assurance to local and state regulatory
63	63	agencies that agriculture businesses and businesses located in
64	64	rural areas that are receiving assistance from the ombudsman are
65	65	meeting applicable legal and regulatory requirements; and
66	66	(4) ensure that agriculture businesses and businesses
67	67	located in rural areas are treated fairly and expeditiously in
68	68	regulatory application and review processes.
69	69	Sec. 482.008. ACCESS TO INFORMATION. (a) A governmental
70	70	entity shall provide the office access to the governmental entity's
71	71	records that relate to a complaint or inquiry the office is
72	72	reviewing or investigating.
73	73	(b) The ombudsman may use the information obtained under
74	74	this section for the purposes of assisting agriculture businesses
75	75	and businesses located in rural areas, evaluating governmental
76	76	entities' application of laws affecting agriculture businesses and
77	77	businesses located in rural areas, and making recommendations for
78	78	legislation.
79	79	Sec. 482.009. CONFIDENTIALITY OF RECORDS. The office shall
80	80	maintain the confidentiality of personal information obtained
81	81	under Section 482.008 and other information obtained under that
82	82	section that is confidential under Chapter 552.
83	83	Sec. 482.010. REPORT. On or before January 1 of each year,
84	84	the ombudsman shall submit to the governor, the lieutenant
85	85	governor, and each member of the legislature a report that
86	86	describes, for the one-year period preceding the report:
87	87	(1) the activities of the ombudsman;
88	88	(2) the types of and number of complaints and
89	89	inquiries submitted to the ombudsman;
90	90	(3) any recommendations the ombudsman has relating to
91	91	the office; and
92	92	(4) any legislative proposals relating to agriculture
93	93	businesses and businesses located in rural areas.
94	94	SECTION 2. Not later than January 1, 2020, the office of the
95	95	governor shall establish the agriculture and rural ombudsman office
96	96	under Chapter 482, Government Code, as added by this Act, and the
97	97	executive director of the Texas Economic Development and Tourism
98	98	Office shall select the agriculture and rural ombudsman.
99	99	SECTION 3. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2019.