By: Ogden S.B. No. 705
A BILL TO BE ENTITLED
AN ACT
1-1 relating to providing aid, support, and assistance to agriculture;
1-2 establishing the agricultural technology program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. (a) SHORT TITLE. This Act may be cited as the
1-5 Farm and Ranch Recovery Act.
1-6 (b) FINDINGS. The legislature finds that:
1-7 (1) agriculture is a vital component of a diversified
1-8 state economy;
1-9 (2) agriculture is more directly and substantially
1-10 affected by adverse weather conditions than other industries;
1-11 (3) limited availability of federal crop subsidies and
1-12 adverse weather conditions present a significant risk to the
1-13 economic vitality of agricultural enterprises; and
1-14 (4) a comprehensive state agricultural policy that
1-15 addresses changes in federal policy and recurrent adverse weather
1-16 conditions will promote the growth of agriculture in this state and
1-17 will avert a public calamity.
1-18 (c) PURPOSES. The purposes of this Act are to:
1-19 (1) promote economic development by ensuring a
1-20 diversified economy;
1-21 (2) foster the growth of agriculture in this state;
1-22 and
1-23 (3) avert the substantial risk of a public calamity
1-24 that will likely result if agricultural industries do not receive
2-1 the benefit of state planning and assistance.
2-2 SECTION 2. Title 3, Agriculture Code, is amended by adding
2-3 Chapter 48 to read as follows:
2-4 CHAPTER 48. INTERIM COMMITTEE ON STATEWIDE AGRICULTURAL POLICY
2-5 Sec. 48.001. ORGANIZATION. (a) The Interim Committee on
2-6 Statewide Agricultural Policy is established to study statewide
2-7 agricultural policy.
2-8 (b) The committee consists of 10 members, of whom:
2-9 (1) five shall be appointed by the speaker of the
2-10 house of representatives from the members of the house of
2-11 representatives; and
2-12 (2) five shall be appointed by the lieutenant governor
2-13 from the members of the senate.
2-14 (c) The lieutenant governor and the speaker of the house of
2-15 representatives each shall appoint a presiding officer from among
2-16 the members appointed to the committee.
2-17 (d) The committee shall convene at the call of the two
2-18 presiding officers.
2-19 Sec. 48.002. POWERS AND DUTIES. The committee shall
2-20 investigate and study:
2-21 (1) regulatory reform affecting agriculture;
2-22 (2) market expansion alternatives for agricultural
2-23 products of this state;
2-24 (3) risk management alternatives for agricultural
2-25 production;
2-26 (4) initiatives to make crop insurance more effective
3-1 and affordable; and
3-2 (5) the creation of a comprehensive state agricultural
3-3 policy.
3-4 Sec. 48.003. REPORT. The committee shall develop a report,
3-5 including a cost-benefit analysis of regulatory reform affecting
3-6 agriculture, that analyzes the issues described in Section 48.002
3-7 and that includes recommended rule or statutory changes to
3-8 implement the statewide agricultural policy options. Not later
3-9 than November 1, 2000, the committee shall make a final report to
3-10 the lieutenant governor, the speaker of the house of
3-11 representatives, and the 77th Legislature.
3-12 Sec. 48.004. ADMINISTRATION. (a) The committee has the
3-13 authority necessary to perform its duties and in connection with
3-14 those duties may call and hold hearings.
3-15 (b) The committee may request the assistance of state
3-16 agencies, departments, or offices to carry out its duties.
3-17 (c) The Senate Committee on Natural Resources and the House
3-18 Committee on Agriculture and Livestock shall provide staff to the
3-19 committee.
3-20 Sec. 48.005. EXPENSES. The committee shall submit a
3-21 proposed budget to the appropriate committee on administration in
3-22 each house of the legislature. The administration committees shall
3-23 jointly approve the committee budget in an amount appropriate for
3-24 the committee to accomplish its duties under this chapter.
3-25 Sec. 48.006. EXPIRATION. This chapter expires and the
3-26 committee is abolished on the date the legislature convenes in
4-1 regular session in 2001.
4-2 SECTION 3. Title 4, Agriculture Code, is amended by adding
4-3 Chapter 60 to read as follows:
4-4 CHAPTER 60. COMMODITY CRISIS COUNCIL AND MANAGER
4-5 Sec. 60.001. DEFINITIONS. In this chapter:
4-6 (1) "Agricultural crisis" means an event or condition,
4-7 including adverse weather conditions, water shortages, disruptions
4-8 in transportation, low commodity prices, animal health issues, crop
4-9 disease, or insect infestations, that could disrupt or jeopardize
4-10 an aspect of the agricultural industry.
4-11 (2) "Council" means the Commodity Crisis Council.
4-12 (3) "Manager" means the Commodity Crisis Manager.
4-13 Sec. 60.002. MANAGER; DUTIES. (a) The commissioner shall
4-14 designate an employee of the department to serve as manager who is
4-15 charged with mitigating the impact of any agricultural crisis on
4-16 commodities and agricultural production.
4-17 (b) The manager serves as:
4-18 (1) presiding officer of the council;
4-19 (2) the representative of the department on the
4-20 emergency management council established by Executive Order GWB
4-21 95-1b; and
4-22 (3) the representative of the department on the
4-23 drought response and monitoring committee under Section 16.055,
4-24 Water Code.
4-25 (c) The manager shall:
4-26 (1) manage and coordinate department planning and
5-1 response to any agricultural crisis, as identified by the
5-2 commissioner;
5-3 (2) develop a plan to prepare the state for recurring
5-4 drought conditions in regard to agricultural commodities, including
5-5 specific response actions, long-term solutions to minimize the
5-6 effect of such conditions, and an assessment of which regions of
5-7 the state and which agricultural products are vulnerable to a
5-8 drought; and
5-9 (3) manage the emergency hay program established by
5-10 Chapter 254.
5-11 Sec. 60.003. COUNCIL COMPOSITION; DUTIES. (a) The council
5-12 is composed of the manager, the members appointed under Subsection
5-13 (b), and one representative from each of the following agencies
5-14 appointed by the administrative head of that agency:
5-15 (1) the Texas Agricultural Extension Service;
5-16 (2) the State Soil and Water Conservation Board; and
5-17 (3) the Texas Forest Service.
5-18 (b) The commissioner shall appoint not more than five
5-19 representatives of agricultural industries to serve on the council.
5-20 (c) The council shall:
5-21 (1) advise the manager in the development of a state
5-22 plan to address recurring drought conditions;
5-23 (2) prepare and submit an informational report to the
5-24 governor and the legislature for each agricultural crisis, as
5-25 identified by the commissioner, in this state;
5-26 (3) prepare and submit a report to the commissioner to
6-1 recommend projects for the agri-tech program, as defined by Chapter
6-2 46;
6-3 (4) initiate a program through the Texas Agricultural
6-4 Extension Service to educate agricultural producers and the public
6-5 about each agricultural crisis, as identified by the commissioner,
6-6 in this state; and
6-7 (5) meet as necessary to carry out the provisions of
6-8 this section.
6-9 (d) The commissioner's appointees serve without
6-10 compensation, but are entitled to reimbursement for actual expenses
6-11 incurred in the performance of official council duties, subject to
6-12 approval of the commissioner. Other council members shall be
6-13 reimbursed for actual expenses by their representative agencies.
6-14 (e) The commissioner shall provide the council with staff
6-15 necessary to assist the council in carrying out its duties under
6-16 this chapter.
6-17 SECTION 4. Title 3, Agriculture Code, is amended by adding
6-18 Chapter 46 to read as follows:
6-19 CHAPTER 46. AGRICULTURAL TECHNOLOGY PROGRAM
6-20 Sec. 46.001. DEFINITIONS. In this chapter:
6-21 (1) "Agricultural crisis" means an event or condition,
6-22 including adverse weather conditions, water shortages, disruptions
6-23 in transportation, low commodity prices, animal health issues, crop
6-24 disease, or insect infestations, that could disrupt or jeopardize
6-25 an aspect of the agricultural industry.
6-26 (2) "Agri-tech program" means the agricultural
7-1 technology program established under this chapter.
7-2 (3) "Applied research" means research directed at
7-3 gaining the knowledge or understanding necessary to meet a specific
7-4 and recognized need, including the discovery of new scientific
7-5 knowledge that has specific objectives relating to products or
7-6 processes.
7-7 (4) "Eligible institution" means an institution of
7-8 higher education as that term is defined by Section 61.003,
7-9 Education Code, designated under Section 46.002(e).
7-10 Sec. 46.002. ADMINISTRATION; GUIDELINES AND PROCEDURES.
7-11 (a) The department shall develop, maintain, and administer the
7-12 agri-tech program to provide support at eligible institutions to
7-13 conduct research projects on methods to address agricultural crises
7-14 in this state.
7-15 (b) In awarding funds to support projects under this
7-16 chapter, the department shall:
7-17 (1) give priority to applied research projects that
7-18 the commissioner determines to be necessary to address an immediate
7-19 agricultural crisis; and
7-20 (2) consider the recommendations of the Commodity
7-21 Crisis Council for specific projects.
7-22 (c) The department shall award funds to support projects as
7-23 needed to address agricultural crises in this state.
7-24 (d) The department shall develop and maintain guidelines and
7-25 procedures to provide awards under this chapter for specific
7-26 projects at eligible institutions on a competitive, peer-review
8-1 basis.
8-2 (e) The department shall determine whether an institution of
8-3 higher education qualifies as an eligible institution for the
8-4 purposes of this chapter. To be designated as an eligible
8-5 institution, an institution of higher education must demonstrate an
8-6 exceptional capability to attract federal, state, and private
8-7 funding for scientific and technical research and have an
8-8 exceptionally strong research staff and the necessary equipment and
8-9 facilities.
8-10 (f) In considering projects for selection, the commissioner
8-11 shall give special consideration to projects that:
8-12 (1) leverage funds from other sources; and
8-13 (2) propose innovative, collaborative efforts:
8-14 (A) across academic disciplines;
8-15 (B) involving two or more eligible institutions;
8-16 or
8-17 (C) involving eligible institutions, private
8-18 industry, and the federal government.
8-19 (g) The commissioner may adopt rules necessary to accomplish
8-20 the purposes of this chapter.
8-21 Sec. 46.003. AGRICULTURAL TECHNOLOGY ACCOUNT. (a) The
8-22 agricultural technology account is an account in the general
8-23 revenue fund.
8-24 (b) The agricultural technology account consists of
8-25 legislative appropriations, gifts and grants received under
8-26 Subsection (c), and other money required by law to be deposited in
9-1 the account.
9-2 (c) The department may solicit and accept gifts in kind and
9-3 grants of money from the federal government, local governments,
9-4 private corporations, or other persons to be used for the purposes
9-5 of this chapter.
9-6 (d) Funds in the agricultural technology account may be used
9-7 only as provided by this chapter. The account is exempt from the
9-8 application of Section 403.095, Government Code.
9-9 (e) Income from money in the account shall be credited to
9-10 the account.
9-11 Sec. 46.004. USE OF FUNDS IN AGRICULTURAL TECHNOLOGY
9-12 ACCOUNT. (a) From funds appropriated for the agri-tech program,
9-13 the comptroller shall issue warrants to each eligible institution
9-14 in the amount certified by the department to the comptroller.
9-15 (b) Funds awarded from the agricultural technology account
9-16 may be expended to support the particular research project for
9-17 which the award is made and may not be expended for the support of
9-18 general research and instruction at the institution conducting or
9-19 sponsoring the project or for the construction or remodeling of a
9-20 facility.
9-21 (c) Funds in the agricultural technology account shall be
9-22 used, when practicable within the purposes of this chapter, to
9-23 match grants provided by the federal government or private industry
9-24 for specific collaborative research projects at eligible
9-25 institutions.
9-26 (d) Supplies, materials, services, and equipment purchased
10-1 with funds obtained under this section are not subject to General
10-2 Services Commission authority.
10-3 Sec. 46.005. PROGRESS REPORTS. An institution receiving
10-4 funds under this chapter shall report on the progress of the funded
10-5 research to the department not later than September 1 of each year.
10-6 Sec. 46.006. MERIT REVIEW. The commissioner shall appoint a
10-7 committee consisting of representatives of the agricultural
10-8 industry and of private enterprise advanced technology research
10-9 organizations to evaluate the agri-tech program's effectiveness.
10-10 The committee shall report its findings to the department not later
10-11 than September 1 of the second year of each biennium.
10-12 SECTION 5. Title 3, Agriculture Code, is amended by adding
10-13 Chapter 47 to read as follows:
10-14 CHAPTER 47. AGRICULTURE RISK MANAGEMENT EDUCATION
10-15 Sec. 47.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
10-16 legislature finds that:
10-17 (1) the increasingly global marketplace and the
10-18 increasing flexibility in agriculture production decisions expose
10-19 agricultural producers and agribusinesses to increased income risk;
10-20 (2) managing these increased risks is critical to the
10-21 future economic competitiveness and success of agriculture in this
10-22 state; and
10-23 (3) policymakers, lenders, agribusiness firms, rural
10-24 community leaders, and researchers will benefit from a better
10-25 understanding of how farmers and ranchers adapt to different
10-26 economic, regulatory, and political environments.
11-1 (b) The purposes of this chapter are to:
11-2 (1) increase risk management educational efforts to
11-3 help agricultural producers and agribusinesses to:
11-4 (A) understand risk and its consideration in
11-5 decision-making;
11-6 (B) understand the economic impacts on farms or
11-7 ranches of adopting new production or information technologies;
11-8 (C) understand the economic impacts on farms or
11-9 ranches of changing agricultural, regulatory, monetary, and fiscal
11-10 policies; and
11-11 (D) measure the relative risk associated with
11-12 alternative production, marketing, and financial decisions;
11-13 (2) establish a statewide educational program that
11-14 includes a risk management support system and a comprehensive
11-15 educational curriculum; and
11-16 (3) foster the economic competitiveness and success of
11-17 agriculture in this state.
11-18 Sec. 47.002. CREATION OF PROGRAMS. (a) The Texas
11-19 Agricultural Extension Service shall administer a statewide
11-20 financial and risk management assistance support system to help
11-21 farmers and ranchers make long-term strategic planning decisions
11-22 and adjust their operations to new production, marketing, and
11-23 financing situations. The support system may include computer and
11-24 communications technology to provide agricultural producers and
11-25 agribusinesses with information needed for individual long-term
11-26 strategic farm or ranch planning.
12-1 (b) The Texas Agricultural Extension Service shall develop
12-2 and implement a statewide comprehensive educational curriculum
12-3 program to provide agricultural producers and agribusinesses with
12-4 additional information about risk management and potential tools
12-5 and options to consider in managing risks. The curriculum may
12-6 include instructional materials, instructors, and other resources
12-7 in areas of agricultural, regulatory, monetary, and fiscal
12-8 interest.
12-9 (c) The Texas Agricultural Extension Service may organize
12-10 and deliver the programs with the assistance of interested
12-11 agricultural groups.
12-12 Sec. 47.003. ELIGIBILITY FOR EDUCATIONAL MATERIALS AND
12-13 SERVICES. As a condition for educational assistance under this
12-14 chapter, the Texas Agricultural Extension Service shall require
12-15 that a person pay a subscription fee or other charge in exchange
12-16 for educational services and materials.
12-17 SECTION 6. Title 8, Agriculture Code, is amended by adding
12-18 Chapter 254 to read as follows:
12-19 CHAPTER 254. EMERGENCY HAY PROGRAM
12-20 Sec. 254.001. DEFINITIONS. In this chapter, "manager" means
12-21 the Commodity Crisis Manager, as defined by Chapter 60.
12-22 Sec. 254.002. EMERGENCY HAY PROGRAM. (a) The department
12-23 shall adopt rules and administer a program to provide assistance
12-24 for the transportation of hay for use by agricultural producers
12-25 whose production abilities are hindered during periods of natural
12-26 disaster or other emergencies due to a lack of forage.
13-1 (b) The manager shall oversee the program.
13-2 Sec. 254.003. EMERGENCY HAY ACCOUNT. (a) The emergency hay
13-3 account is an account in the general revenue fund.
13-4 (b) The emergency hay account consists of legislative
13-5 appropriations and other money required by law to be deposited in
13-6 the account.
13-7 (c) The department may solicit and accept gifts in kind and
13-8 grants of money from the federal government, local governments,
13-9 private corporations, or other persons to be used for the purposes
13-10 of this chapter.
13-11 (d) Money in the account may be used only for the purposes
13-12 of this chapter. The account is exempt from the application of
13-13 Section 403.095, Government Code.
13-14 (e) Income from money in the account shall be credited to
13-15 the account.
13-16 Sec. 254.004. DUTIES OF DEPARTMENT. (a) To provide
13-17 assistance under this chapter, the department shall:
13-18 (1) establish a reciprocal system of waivers to help
13-19 facilitate the interstate transportation of hay;
13-20 (2) create a database of pre-identified public and
13-21 private haulers willing to provide donated transportation;
13-22 (3) institute and promote a hay and grazing hotline
13-23 to:
13-24 (A) connect Texas hay buyers with Texas sellers;
13-25 (B) connect Texas hay buyers and out-of-state
13-26 sellers;
14-1 (C) connect Texas livestock producers with their
14-2 own transportation with out-of-state donations;
14-3 (D) connect donated transportation with hay
14-4 donors; and
14-5 (E) connect livestock owners with grazing leases
14-6 in and out of Texas; and
14-7 (4) formalize a plan, with periodic updates, to secure
14-8 and manage actual transportation and local distribution of hay
14-9 donations.
14-10 (b) The department shall coordinate its efforts with other
14-11 emergency relief programs administered by the governor's division
14-12 of emergency management.
14-13 (c) To the greatest extent possible, the department shall
14-14 maximize the resources of the Texas Agricultural Extension Service
14-15 and agricultural commodity associations when designing and
14-16 implementing its plan.
14-17 Sec. 254.005. POWERS OF COMMISSIONER. (a) The commissioner
14-18 may authorize the use of available funds from the emergency hay
14-19 account to facilitate the transportation of hay to producers when
14-20 donated resources have been exhausted.
14-21 (b) Under this section, the commissioner may:
14-22 (1) negotiate contracts with commercial haulers; and
14-23 (2) pre-certify commercial haulers for use during a
14-24 natural disaster or other emergency.
14-25 Sec. 254.006. ELIGIBILITY FOR PROGRAM. The assistance
14-26 provided under this chapter is available only for agricultural
15-1 producers within a county that is declared a federal disaster area.
15-2 Sec. 254.007. ASSISTANCE FOR DEPARTMENT. (a) The Texas
15-3 Agricultural Extension Service shall enter into a memorandum of
15-4 understanding with the department to assist the department with the
15-5 program.
15-6 (b) Assistance by the Texas Agricultural Extension Service
15-7 may include:
15-8 (1) an assessment of local conditions within an
15-9 eligible county, as described by Section 254.006;
15-10 (2) the selection of hay distribution sites; and
15-11 (3) the coordination of volunteer efforts.
15-12 (c) The Texas Agricultural Extension Service shall develop
15-13 guidelines for county extension agents to implement this section.
15-14 (d) Under this section, county extension agents may
15-15 establish an advisory committee of local producers or work with an
15-16 existing committee.
15-17 Sec. 254.008. TERMINATION OF PROGRAM ASSISTANCE. (a) The
15-18 commissioner shall determine on a monthly basis if there is a
15-19 continuing need for assistance to each county under the program.
15-20 (b) If the commissioner determines that assistance is no
15-21 longer necessary or that available state resources have been
15-22 expended, the commissioner shall suspend assistance for that county
15-23 under the program.
15-24 SECTION 7. Subchapter F, Chapter 661, Government Code, is
15-25 amended by adding Section 661.152 to read as follows:
15-26 Sec. 661.152. LEAVE FOR VOLUNTEER FIREFIGHTERS IN CERTAIN
16-1 DISASTERS. (a) This section applies only to a state employee who:
16-2 (1) is trained as a volunteer firefighter; and
16-3 (2) volunteers for duty to prevent or fight fires in
16-4 an area designated as a federal disaster area as the result of
16-5 drought conditions.
16-6 (b) A person to whom this section applies is eligible for a
16-7 leave of absence from work as a state employee without loss of
16-8 compensation or risk of termination for the hours during which the
16-9 employee serves as a volunteer firefighter in a situation described
16-10 by Subsection (a)(2).
16-11 (c) The state agency that employs a person who requests
16-12 leave under this section shall verify the person's eligibility to
16-13 take the leave.
16-14 SECTION 8. This Act takes effect September 1, 1999.
16-15 SECTION 9. The importance of this legislation and the
16-16 crowded condition of the calendars in both houses create an
16-17 emergency and an imperative public necessity that the
16-18 constitutional rule requiring bills to be read on three several
16-19 days in each house be suspended, and this rule is hereby suspended.