By: Zaffirini S.B. No. 776
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an agriculture and rural ombudsman
office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 482 to read as follows:
CHAPTER 482. AGRICULTURE AND RURAL OMBUDSMAN OFFICE
Sec. 482.001. DEFINITIONS. In this chapter:
(1) "Agriculture business" means a current or aspiring
agriculture producer or agriculture-related business, including:
(A) a farmer;
(B) a small-scale food producer, processor, or
manufacturer;
(C) a farmers market operator; and
(D) an institution that purchases agricultural
products directly from agriculture producers.
(2) "Executive director" means the executive director
of the Texas Economic Development and Tourism Office.
(3) "Office" means the agriculture and rural ombudsman
office created under this chapter.
(4) "Ombudsman" means the individual who has been
selected under this chapter as the agriculture and rural ombudsman.
Sec. 482.002. ESTABLISHMENT; PURPOSE. The office of the
governor shall establish an agriculture and rural ombudsman office
within the Texas Economic Development and Tourism Office for the
purpose of assisting agriculture businesses and businesses located
in rural areas.
Sec. 482.003. QUALIFICATION; APPOINTMENT. (a) The
ombudsman must have expertise in local, state, or federal
regulations applicable to agriculture businesses and businesses
located in rural areas.
(b) The executive director shall select the ombudsman.
Sec. 482.004. ASSISTANTS. (a) The ombudsman with the
approval of the executive director may employ assistants to, under
the direction of the ombudsman, perform the same duties and
exercise the same powers as the ombudsman.
(b) The ombudsman with the approval of the executive
director may employ persons or contract for specific services as
necessary to carry out this chapter, including legal counsel and
other professional and administrative staff that are necessary to
provide services to agriculture businesses and businesses located
in rural areas.
Sec. 482.005. RULES. The executive director shall adopt
rules proposed by the ombudsman to implement this chapter.
Sec. 482.006. PROMOTION OF AWARENESS OF OFFICE. The
ombudsman shall promote public awareness of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
Sec. 482.007. DUTIES AND POWERS OF OFFICE. The office
shall:
(1) respond to questions about local, state, and
federal regulations that apply to agriculture businesses and
businesses located in rural areas;
(2) provide contact information for local, state, and
federal officials that may assist agriculture businesses and
businesses located in rural areas in complying with regulations;
(3) provide assurance to local and state regulatory
agencies that agriculture businesses and businesses located in
rural areas that are receiving assistance from the ombudsman are
meeting applicable legal and regulatory requirements; and
(4) ensure that agriculture businesses and businesses
located in rural areas are treated fairly and expeditiously in
regulatory application and review processes.
Sec. 482.008. ACCESS TO INFORMATION. (a) A governmental
entity shall provide the office access to the governmental entity's
records that relate to a complaint or inquiry the office is
reviewing or investigating.
(b) The ombudsman may use the information obtained under
this section for the purposes of assisting agriculture businesses
and businesses located in rural areas, evaluating governmental
entities' application of laws affecting agriculture businesses and
businesses located in rural areas, and making recommendations for
legislation.
Sec. 482.009. CONFIDENTIALITY OF RECORDS. The office shall
maintain the confidentiality of personal information obtained
under Section 482.008 and other information obtained under that
section that is confidential under Chapter 552.
Sec. 482.010. REPORT. On or before January 1 of each year,
the ombudsman shall submit to the governor, the lieutenant
governor, and each member of the legislature a report that
describes, for the one-year period preceding the report:
(1) the activities of the ombudsman;
(2) the types of and number of complaints and
inquiries submitted to the ombudsman;
(3) any recommendations the ombudsman has relating to
the office; and
(4) any legislative proposals relating to agriculture
businesses and businesses located in rural areas.
SECTION 2. Not later than January 1, 2020, the office of the
governor shall establish the agriculture and rural ombudsman office
under Chapter 482, Government Code, as added by this Act, and the
executive director of the Texas Economic Development and Tourism
Office shall select the agriculture and rural ombudsman.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.