SRC-PNG C.S.S.B. 705 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 705
By: Ogden
Natural Resources
4/14/1999
Committee Report (Substituted)


DIGEST 

Currently, no statewide agricultural policy is in place in Texas to provide
long-term solutions and immediate relief for recent agricultural losses due
in part to natural disasters.  This bill provides aid, support, and
assistance to agriculture, including the promotion of agriculture and the
establishment of the agricultural technology program. 

PURPOSE

As proposed, C.S.S.B. 705 provides aid, support, and assistance to
agriculture, including the promotion of agriculture and the establishment
of the agricultural technology program. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Agriculture Commissioner in SECTION
4 (Section 46.002(g), Agriculture Code) and to the Department of
Agriculture in SECTION 6 (Section 254.002(a), Agriculture Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. (a) SHORT TITLE: Farm and Ranch Recovery Act.

(b) Sets forth the legislative findings regarding the current state of
agriculture in the State of Texas. 

(c) Sets forth the purposes of this Act.

SECTION 2.  Amends Title 3, Agriculture Code, by adding Chapter 48, as
follows: 

CHAPTER 48.  INTERIM COMMITTEE ON STATEWIDE AGRICULTURAL POLICY

Sec.  48.001.  ORGANIZATION.  Creates an interim committee on statewide
agricultural policy  (interim committee) consisting of 10 members with the
lieutenant governor and the speaker of the house of representatives
(speaker) appointing five members each.  Requires the lieutenant governor
and the speaker to each appoint a presiding officer from among the
appointed members of the interim committee.  Requires the interim committee
to convene at the call of the two presiding officers. 

Sec.  48.002. POWERS AND DUTIES.  Requires the interim committee to
investigate and study issues involving risk reduction, regulatory reform,
market expansion and crop insurance reform and create a comprehensive state
agricultural policy.   

Sec.  48.003. REPORT.  Requires the interim committee to develop a report,
including a cost-benefit analysis of regulatory reform affecting
agriculture, that analyzes the issues described in Section 48.002, and that
includes recommended rule or statutory changes. Requires the final reports
be delivered to certain people by a certain date.   

Sec.  48.004. ADMINISTRATION.  Grants the interim committee authority to
perform its duties and to call and hold hearings in connection with those
hearings.  Authorizes the  interim committee to request the assistance of
state agencies, departments, or offices to carry out its duties.  Requires
the Senate Committee on Natural Resources and the House Committee on
Agriculture and Livestock to provide staff to the interim committee. 

Sec.  48.005. EXPENSES.  Requires the interim committee to submit a
proposed budget to the appropriate committee on administration in each
house of the legislature.  Requires the administrative committees to
jointly approve the interim committee budget in an appropriate amount for
the interim committee to accomplish its duties. 

Sec.  48.006.  EXPIRATION.  Provides that this chapter expires and the
interim committee is abolished on the date the legislature convenes in
regular session in 2001. 

SECTION 3. Amends Title 4, Agriculture Code, by adding Chapter 60, as
follows: 

CHAPTER 60.  CRISIS MANAGEMENT COUNCIL AND MANAGER

Sec.  60.001. DEFINITIONS.  Defines "agricultural crisis," "council," and
"manager." 

Sec.  60.002. MANAGER; DUTIES.  Requires the commissioner of agriculture
(commissioner) to designate an employee of the Texas Department of
Agriculture (department) to serve as an agricultural crisis manager
(manager).  Sets forth the duties of the manager.  Requires the manager to
perform certain duties. 

Sec.  60.003. COUNCIL COMPOSITION; DUTIES.  Sets forth the composition of
the Crisis Management Council (council).  Requires the commissioner to
appoint not more than five representatives of agricultural industries to
serve on the council.  Requires the council to perform certain duties.
Establishes that the commissioner's appointees serve without compensation,
but are entitled to reimbursement for actual expenses incurred in the
performance of official council duties, subject to approval of the
commissioner.  Requires other council members to be reimbursed for actual
expenses by their representative agencies. Requires the commissioner to
provide the council with the necessary staff to carry out its duties. 

SECTION 4. Amends Title 3, Agriculture Code, by adding Chapter 46, as
follows: 

CHAPTER 46.  AGRICULTURAL TECHNOLOGY PROGRAM

Sec. 46.001.  DEFINITIONS.  Defines "agricultural crisis," "agri-tech
program," "applied research," and "eligible institution." 

Sec.  46.002.  ADMINISTRATION; GUIDELINES AND PROCEDURES.  Requires the
department to develop, maintain, and administer the agri-tech program.
Requires the department, in awarding funds to support projects under this
chapter, to give priority to certain research projects and consider the
recommendations of the council for specific projects.  Requires the
department to award funds to support projects as needed to address
agricultural crises in this state.  Requires the department to develop and
maintain guidelines and procedures to provide awards under this chapter for
certain specific projects.  Requires the department to determine whether a
higher education institution qualifies as an eligible institution.
Requires a higher education institution to demonstrate certain capabilities
to be designated as an eligible institution.  Requires the commissioner to
give special consideration to certain projects in the selection process.
Authorizes the commissioner to adopt rules to accomplish the purposes of
this chapter. 

Sec.  46.003.  AGRICULTURE TECHNOLOGY ACCOUNT.  Establishes that the
agriculture technology account (account) is a general revenue fund account.
Provides that the account consists of legislative appropriations, gifts and
grants received under Subsection (c), and other money required by law to be
deposited in the account.  Authorizes the department to solicit and accept
gifts in kind and grants of money from any entity or person for the
purposes of this chapter.  Authorizes the funds in the account  to be used
only as  provided by this chapter.  Provides that the account is exempt
from the application of Section 403.095, Government Code.  Requires income
from money in the account to be credited to the account. 

Sec.  46.004.  USE OF FUNDS IN AGRICULTURE TECHNOLOGY ACCOUNT. Requires the
comptroller to issue warrants to each eligible institution in the amount
certified by the department to the comptroller from funds appropriated for
the agri-tech program. Authorizes funds awarded from the account to be
expended to support the particular research project awarded, and prohibits
the expenditure of account funds for the support of general research and
instruction conducting or sponsoring the project or for the construction or
remodeling of a facility.  Requires account funds to be used to match
grants provided by the federal government or private industry for specific
collaborative research projects at eligible institutions, when practicable
within the purposes of this chapter.  Provides that supplies, materials,
services, and equipment purchased with funds obtained under this section
are not subject to General Services Commission authority. 

Sec.  46.005.  PROGRESS REPORTS.    Requires an institution receiving funds
under this chapter to report on the progress of the funded research to the
department by a certain date. 

Sec.  46.006.  MERIT REVIEW.    Requires the commissioner to appoint a
committee consisting of representatives of the agricultural industry and of
private enterprise advanced technology research organizations to evaluate
the agri-tech program's effectiveness. Requires the committee to report its
findings to the department by a certain date. 

SECTION 5.  Amends Title 3, Agriculture Code, by adding Chapter 47, as
follows: 

CHAPTER 47.  AGRICULTURE RISK MANAGEMENT EDUCATION

Sec.  47.001.  LEGISLATIVE FINDINGS; PURPOSE.  Sets forth the legislative
findings regarding agricultural risk management.  Provides that the
purposes of this chapter include increasing risk management educational
efforts, establishing a statewide educational program that includes a risk
management support system and a comprehensive educational curriculum, and
fostering the economic competitiveness and success in this state. 

Sec.  47.002.  CREATION OF PROGRAMS.  Requires the Texas Agricultural
Extension Service (TAES) to administer a statewide financial and risk
management assistance support system (support system).  Authorizes the
support system to include computer and communications technology to provide
agricultural producers and agribusiness with information needed for
individual long-term strategic farm or ranch planning.  Requires TAES to
develop and implement a statewide comprehensive educational curriculum
program to provide agricultural producers and agribusinesses with
additional information about riskmanagement and potential tools and options
to consider in managing risks.  Authorizes the curriculum to include
instructional materials, instructors, and other resources in certain areas
of interest.  Authorizes TAES to organize and deliver the programs with the
assistance of interested agricultural groups. 

Sec.  47.003.  ELIGIBILITY FOR EDUCATIONAL MATERIALS AND SERVICES. Requires
TAES to require a person pay a subscription fee or other charge in exchange
for educational services and materials as a condition for educational
assistance under this chapter. 

SECTION 6.  Amends Title 8, Agriculture Code, by adding Chapter 254, as
follows: 

CHAPTER 254.  EMERGENCY HAY PROGRAM

Sec.  254.001.  DEFINITIONS.  Defines "manager." 

Sec.  254.002.  EMERGENCY HAY PROGRAM.  Requires the department to adopt
rules and administer a program, to be implemented by executive order of the
governor, to  provide  assistance for the transportation of hay  for use by
agricultural producers whose production abilities are hindered during
periods of natural disaster or other emergencies due to a lack of forage.
Requires the manager to oversee the program. 

Sec.  254.003. EMERGENCY HAY ACCOUNT.  Establishes that the emergency hay
account (account) is an account in the general revenue fund.  Establishes
that the account consists of legislative appropriations and other money
required by law to be deposited in the account.  Authorizes the department
to solicit and accept gifts in kind and grants of money from governmental
agencies, private corporations, or other people to be used for the purposes
of this chapter.  Authorizes money in the account to be used only for the
purposes of this chapter.  Establishes that the account is exempt from the
application of Section 403.095, Government Code.  Requires income from
money in the account to be credited to the account. 

Sec.  254.004.  DUTIES OF DEPARTMENT.  Sets forth required duties of the
department in order to provide assistance under this chapter.  Requires the
department to coordinate its efforts with other emergency relief programs
administered by the governor's division of emergency management.  Requires
the department to maximize the resources of the Texas Agricultural
Extension Service and agricultural commodity associations when designing
and implementing its plan. 

Sec.  254.005.  POWERS OF COMMISSIONER.  Authorizes the commissioner to
authorize the use of available funds from the account to facilitate the
transportation of hay to producers when donated resources have been
exhausted.  Authorizes the commissioner to negotiate contracts with
commercial haulers and pre-certify commercial haulers for use during a
natural disaster or other emergency.   

Sec.  254.006.  ELIGIBILITY FOR PROGRAM.  Provides that the assistance
provided under this chapter is available only for agricultural producers
within a county that is declared a federal disaster area. 

Sec.  254.007.  ASSISTANCE FOR DEPARTMENT.  Requires the Texas Agricultural
Extension Service (TAES) to enter into a memorandum of understanding with
the department to assist the department with the program.  Sets forth
authorized assistance by TAES.  Requires TAES to develop guidelines for
county extension agents to implement this section.  Authorizes county
extension agents to establish an advisory committee of local producers or
work with an existing committee. 

Sec.  254.008.  TERMINATION OF PROGRAM ASSISTANCE.  Requires the
commissioner to determine monthly the continuing need for assistance to
each county under the program.  Requires the commissioner to suspend
assistance for any county under the program, if the commissioner determines
the county no longer needs assistance or that available state resources
have been expended. 

SECTION 7.  Amends Chapter 661F, Government Code, by adding Section
661.152, as follows: 

Sec.  661.152.  LEAVE FOR VOLUNTEER FIREFIGHTERS IN CERTAIN DISASTERS.
Provides that this section applies only to certain state employees.
Provides that those people to whom this section applies are eligible for a
leave of absence from work as a state employee without loss of compensation
or risk of termination for the hours during which the employee serves as a
volunteer firefighter in certain situations.  Requires the state agency
that employs a person who requests leave to verify the person's eligibility
to take the leave. 

SECTION 8. Effective date: September 1, 1999.

SECTION 9. Emergency clause.



 SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the relating clause to provide that this legislation relates to
establishing the agricultural technology program. 

SECTION 1.

Amends SECTION 1, to provide a short title, and make conforming changes.

SECTION 2. 

Amends Section 48.004, Title 3, Agriculture Code, to require the House
Committee on Agriculture and Livestock, rather than the House Committee on
Agriculture to provide staff to the committee. 

Amends Section 48.005, Title 3, Agriculture Code, to make a nonsubstantive
change. 

SECTION 3. 

Amends Section 60.001, Title 4, Agriculture Code, to redefine "council" and
"manager." Deletes the definitions of "commissioner" and "department." 

Amends Section 60.002, Title 4, Agriculture Code, to require the
commissioner to designate an employee as manager of mitigating the impact
of any agricultural crisis on commodities and agricultural production,
rather than employ a manager.  Revises the manager's duties. 

Amends Section 60.003, Title 4, Agriculture Code, to revise the council's
duties.  Requires the commissioner, rather than the governor, to appoint
not more than five representatives of agricultural industries to serve on
the council.  Requires the council to perform certain duties. Deletes
representatives of certain agencies from the council.  Makes conforming
changes. 

  SECTION 4.

Amends Section 46.001, Title 3, Agriculture Code, to delete the definitions
of "commissioner" and "department." 

Amends Section 46.004, Title 3, Agriculture Code, to make a conforming
change. 

SECTION 6.

Amends Section  254.001, Title 8, Agriculture Code, to define "manager."
Deletes the definitions of "commissioner" and "department." 

Amends Section  254.002, Title 8, Agriculture Code, to provide a new
heading, and require the department to adopt rules and administer a
program, to be implemented by executive order of the governor, to  provide
assistance for the transportation of hay  for use by agricultural producers
whose production abilities are hindered during periods of natural disaster
or other emergencies due to a lack of forage. 

Amends Section 254.003, Title 8, Agriculture Code, to provide a new
heading.  Makes a conforming change. 

Amends Section  254.004, Title 8, Agriculture Code, to delete proposed
Section 254.004 regarding the powers of the department and the governor,
and add a new section regarding the duties of the department. 

Amends Section  254.005, Title 8, Agriculture Code, to delete proposed
Section 254.005  regarding the limitations on the use of the program, and
add a new section regarding the powers of the commissioner.   

Amends Section 254.006, Title 8, Agriculture Code, to delete proposed
Section 254.006 regarding an application for assistance, and add a new
section regarding eligibility for the program. 

Amends Section 254.007, Title 8, Agriculture Code, to delete proposed
Section 254.007 regarding the consideration of the application for
assistance, and add a new section regarding assistance for the department. 

Amends Section 254.008, Title 8, Agriculture Code, to make conforming and
nonsubstantive changes. 

SECTION 7.  

Amends Section 661.152, Government Code, to make a nonsubstantive change.
Deletes proposed SECTIONS 8 through 10.  Redesignates proposed SECTIONS 11
and 12 as SECTIONS 8 and 9.