BILL ANALYSIS
S.B. 371
By: Sims
Natural Resources
3-22-95
Committee Report (Unamended)
BACKGROUND
The Texas Food and Fibers Commission (commission) was created in
1941 by the 47th Legislature. The commission is responsible for
promoting 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 and removal from the
Sunset review process.
PURPOSE
As proposed, S.B. 371 provides for the continuation and functions
of the Texas Food and Fibers Commission.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 42.002, Agriculture Code, to delete
existing Subsection (b), relating to the subjection of the Texas
Food and Fibers Commission (commission) to the Texas Sunset Act.
SECTION 2. Amends Section 42.003(a), Agriculture Code, to prohibit
a person from serving as a member of the commission or acting as
the general counsel to the commission if the person is required to
register as a lobbyist.
SECTION 3. Amends Section 42.008, Agriculture Code, by amending
Subsection (b) and adding Subsection (e), to require the commission
to annually prepare a report accounting for all funds received and
disbursed by the commission during the preceding fiscal year.
Deletes the requirement that the commission file a report annually
with the governor and the presiding officer of each house of the
legislature. Requires the report to meet the requirements
applicable to financial reporting. Subjects all money paid to the
commission under this chapter to Chapter 404F, Government Code.
SECTION 4. Amends Section 42.009, Agriculture Code, by amending
Subsections (b)-(f) and (h) and adding Subsections (i) and (j), as
follows:
(b) Requires the executive director or a designee to develop
an intraagency career ladder program that addresses
opportunities for mobility and advancement for employees
within the commission. Requires the program to require
intraagency posting of all positions 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.
(d) Requires the executive director or a designee, rather than
the commission, to provide to members and employees of the
commission information regarding qualifications. Makes
nonsubstantive changes.
(e) Requires a policy statement to include personnel policies
that are in compliance with the requirements in Chapter 21,
Labor Code. Makes nonsubstantive changes.
(f) Requires a policy statement prepared under Subsection (e)
to cover an annual period, be updated annually and reviewed by
the Commission on Human Rights for compliance with Subsection
(e)(1), and be filed with the governor's office.
(h) Requires the commission to develop and implement policies
that clearly separate the policymaking responsibilities of the
commission and the management responsibilities of the
executive director and the staff of the commission.
(i) Requires the commission to comply with federal and state
laws related to program and facility accessibility.
(j) Requires the executive director to prepare and maintain a
written plan that describes how a person who does not speak
English can be provided access to the commission's programs
and services.
SECTION 5. Amends Section 42.010, Agriculture Code, as follows:
Sec. 42.010. RESTRICTIONS ON EMPLOYMENT. (a) Prohibits an
officer, employee, or paid consultant of a Texas trade
association in the field of food or fiber marketing or
research from being a member of the commission.
(b) Prohibits a person who is the spouse of an officer,
manager, or paid consultant of a Texas trade association in
the field of food or fiber marketing or research from being
a member or employee of the commission who is exempt from
the state's position classification plan or compensated at
or above the amount prescribed by the General Appropriations
Act for step 1, salary group 17, of the position
classification salary schedule.
(c) Created from existing text.
SECTION 6. Amends Section 42.011, Agriculture Code, as follows:
Sec. 42.011. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)
Makes a nonsubstantive change.
(b) Authorizes the commission to provide certain identifying
notification on each registration form, application, or
written contract for services of an individual or entity
regulated under this chapter.
(c) Deletes existing Subsection (c) and replaces it with
existing Subsection (d). Requires the commission to keep a
file about each written complaint filed with the commission
that it has authority to resolve. Requires the commission to
provide to the person filing the complaint and the persons
or entities complained about the commission's policies and
procedures pertaining to complaint investigation and
resolution.
(d) Requires the commission, at least quarterly and until
final disposition of the complaint, to notify the person
filing the complaint and the persons or entities complained
about of the status of the complaint unless the notice would
jeopardize an undercover investigation.
(e) Requires the commission to keep information about each
complaint filed with the commission. Sets forth requirements
for the information.
(f) Subjects the commission to the open meetings law,
Chapter 551, Government Code, and the administrative
procedure law, Chapter 2001, Government Code.
SECTION 7. Effective date: September 1, 1995.
SECTION 8. Emergency clause.