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.