BILL ANALYSIS S.B. 371 By: Sims (Black) 04-06-95 Committee Report (Unamended) BACKGROUND The Texas Food and Fibers Commission (Commission) was created in 1941 by the 47th Legislature. Its mission is to promote the sale and use of Texas-produced cotton, wool, mohair, oilseeds, and their proteins through cooperative research between state/local government, private industry, and educational institutions. The Commission carries out its programs and functions under the guidance of a four-member commission: the presidents of Texas A&M University System, Texas Tech University, University of Texas-Austin, and Texas Woman's University and two advisory committees. To carry out these programs, the Commission had a budget of $4,091,987 and three employees for fiscal year 1994. The Commission is subject to the Sunset Act and will be abolished September 1, 1995 unless continued by the Legislature. As a result of its review of the Texas Food and Fibers Commission, the Sunset Advisory Commission recommended continuation of the agency and its removal from the Sunset review process. PURPOSE The purpose of this bill is to continue the Texas Food and Fibers Commission, remove the commission from the Sunset review process and add and update standard language recommended by the Sunset Advisory Commission. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 42.002, Agriculture Code. Deletes language that subjects the Commission to Chapter 325, Government Code (Texas Sunset Act) and potential abolishment under that chapter. SECTION 2. Amends Section 42.003(a), Agriculture Code. Prohibits registered lobbyists from serving as a member of the commission or from being employed as the commission's general counsel. SECTION 3. Amends Section 42.008, Agriculture Code. Requires the commission to prepare an annual financial report that meets the reporting requirements in the appropriations act, and requires the commission's funds to be managed in accordance with the State Funds Reform Act. SECTION 4. Amends Section 42.009, Agriculture Code, by amending Subsections (b) - (f) and (h), and adding Subsections (i) and (j). (b) Requires the executive director or a designee to develop an intraagency career ladder program that addresses mobility and advancement opportunities for employees within the commission and requires intraagency posting of job openings concurrently with any public posting. (c) Requires the executive director or a designee to develop a system of annual performance evaluations based on documented employee performance and upon which merit increases must be based. (d) Requires the executive director or a designee to inform members of the commission and employees of the qualifications for office or employment and each person's responsibilities under the law. (e) and (f) Requires the executive director or a designee to develop an equal employment policy that is annually updated, reviewed by the Texas Commission on Human Rights, and filed with the governor's office. (h) Requires the commission to clearly separate its policymaking responsibilities from the management responsibilities of the executive director and staff of the commission. (i) and (j) Requires the commission to comply with state and federal program and facility accessibility laws and to develop a plan that describes how non-English speaking persons can be provided reasonable access to the commission's programs. SECTION 5. Amends Section 42.010, Agriculture Code. Prohibits commission members or their spouses and employees compensated at or above Group 17 in the appropriations act or their spouses from being an officer or employee of a related trade association. SECTION 6. Amends Section 42.011, Agriculture Code. Requires the commission to prepare and distribute information to the public concerning the agency's functions and complaint procedures. Requires the commission to collect and maintain standard information about all complaints filed with the commission and to maintain files on written complaints that the commission has the authority to resolve. Also, requires the commission to notify the parties quarterly, regarding the status of the complaint, until disposition of the complaint. Establishes that the commission is subject to the open meetings and administrative procedure laws. SECTION 7. Effective date: September 1, 1995. SECTION 8. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 371 was considered by the committee in a public hearing on Tuesday, April 4, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.