76R15917 E
By Ogden S.B. No. 705
Substitute the following for S.B. No. 705:
By Swinford C.S.S.B. No. 705
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing aid, support, and assistance to agriculture;
1-3 establishing the agricultural technology program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) SHORT TITLE. This Act may be cited as the
1-6 Farm and Ranch Recovery Act.
1-7 (b) FINDINGS. The legislature finds that:
1-8 (1) agriculture is a vital component of a diversified
1-9 state economy;
1-10 (2) agriculture is more directly and substantially
1-11 affected by adverse weather conditions than other industries;
1-12 (3) limited availability of federal crop subsidies and
1-13 adverse weather conditions present a significant risk to the
1-14 economic vitality of agricultural enterprises; and
1-15 (4) a comprehensive state agricultural policy that
1-16 addresses changes in federal policy and recurrent adverse weather
1-17 conditions will promote the growth of agriculture in this state and
1-18 will avert a public calamity.
1-19 (c) PURPOSES. The purposes of this Act are to:
1-20 (1) promote economic development by ensuring a
1-21 diversified economy;
1-22 (2) foster the growth of agriculture in this state;
1-23 and
1-24 (3) avert the substantial risk of a public calamity
2-1 that will likely result if agricultural industries do not receive
2-2 the benefit of state planning and assistance.
2-3 SECTION 2. Title 4, Agriculture Code, is amended by adding
2-4 Chapter 60 to read as follows:
2-5 CHAPTER 60. COMMODITY CRISIS COUNCIL AND MANAGER
2-6 Sec. 60.001. DEFINITIONS. In this chapter:
2-7 (1) "Agricultural crisis" means an event or condition,
2-8 including adverse weather conditions, water shortage, disruption in
2-9 transportation, low commodity prices, an animal health issue, crop
2-10 disease, or insect infestation, that could disrupt or jeopardize an
2-11 aspect of the agriculture industry.
2-12 (2) "Council" means the Commodity Crisis Council.
2-13 (3) "Manager" means the commodity crisis manager.
2-14 Sec. 60.002. MANAGER; DUTIES. (a) The commissioner may
2-15 designate a person, who may be an employee of the department, to
2-16 serve as manager. The manager is charged with mitigating the
2-17 impact of any agricultural crisis on commodities and agricultural
2-18 production.
2-19 (b) The manager serves as:
2-20 (1) presiding officer of the council;
2-21 (2) the representative of the department on the
2-22 emergency management council established by Executive Order GWB
2-23 95-1b; and
2-24 (3) the representative of the department on the
2-25 drought response and monitoring committee under Section 16.055,
2-26 Water Code.
2-27 (c) The manager shall:
3-1 (1) manage and coordinate department planning and
3-2 response to any agricultural crisis, as identified by the
3-3 commissioner;
3-4 (2) develop a state plan to prepare for recurring
3-5 drought conditions that affect agricultural commodities, including
3-6 specific response actions, long-term solutions to minimize the
3-7 effect of drought conditions, and an assessment of which regions of
3-8 the state and which agricultural products are vulnerable to a
3-9 drought; and
3-10 (3) manage the emergency hay program under Chapter
3-11 254.
3-12 Sec. 60.003. COUNCIL COMPOSITION; DUTIES. (a) The council
3-13 is composed of the manager, the members appointed under Subsection
3-14 (b), and one representative from each of the following agencies
3-15 appointed by the administrative head of that agency:
3-16 (1) the Texas Agricultural Extension Service;
3-17 (2) the State Soil and Water Conservation Board; and
3-18 (3) the Texas Forest Service.
3-19 (b) The commissioner shall appoint not more than five
3-20 representatives of agricultural industries to serve on the council.
3-21 (c) The council shall:
3-22 (1) advise the manager in the development of a state
3-23 plan to address recurring drought conditions;
3-24 (2) prepare and submit an informational report to the
3-25 governor and the legislature for each agricultural crisis, as
3-26 identified by the commissioner, in this state;
3-27 (3) prepare and submit a report to the commissioner to
4-1 recommend projects for the agri-tech program under Chapter 46;
4-2 (4) develop a program through the Texas Agricultural
4-3 Extension Service to educate agricultural producers and the public
4-4 about each agricultural crisis, as identified by the commissioner,
4-5 in this state; and
4-6 (5) meet as necessary to carry out the provisions of
4-7 this section.
4-8 (d) The commissioner's appointees serve without
4-9 compensation, but are entitled to reimbursement for actual expenses
4-10 incurred in the performance of official council duties, subject to
4-11 approval of the commissioner. The other council members are
4-12 entitled to be reimbursed for actual expenses by their
4-13 representative agencies.
4-14 (e) The commissioner shall provide the council with staff
4-15 necessary to assist the council in carrying out its duties.
4-16 SECTION 3. Title 3, Agriculture Code, is amended by adding
4-17 Chapter 46 to read as follows:
4-18 CHAPTER 46. AGRICULTURAL TECHNOLOGY PROGRAM
4-19 Sec. 46.001. DEFINITIONS. In this chapter:
4-20 (1) "Agricultural crisis" means an event or condition,
4-21 including adverse weather conditions, water shortage, disruption in
4-22 transportation, low commodity prices, an animal health issue, crop
4-23 disease, or insect infestation, that could disrupt or jeopardize an
4-24 aspect of the agriculture industry.
4-25 (2) "Agri-tech program" means the agricultural
4-26 technology program established under this chapter.
4-27 (3) "Applied research" means research directed at
5-1 gaining the knowledge or understanding necessary to meet a specific
5-2 and recognized need, including the discovery of new scientific
5-3 knowledge that has specific objectives relating to products or
5-4 processes.
5-5 (4) "Eligible institution" means an institution of
5-6 higher education, as that term is defined by Section 61.003,
5-7 Education Code, that is designated as an eligible institution under
5-8 Section 46.002(e).
5-9 Sec. 46.002. ADMINISTRATION; GUIDELINES AND PROCEDURES. (a)
5-10 The department shall develop, maintain, and administer the
5-11 agri-tech program to provide support for eligible institutions to
5-12 conduct research projects on methods to address agricultural crises
5-13 in this state.
5-14 (b) In awarding funds to support projects under this
5-15 chapter, the department shall:
5-16 (1) give priority to applied research projects that
5-17 the commissioner determines to be necessary to address an immediate
5-18 agricultural crisis; and
5-19 (2) consider the recommendations of the Commodity
5-20 Crisis Council for specific projects.
5-21 (c) The department shall award funds to support projects as
5-22 needed to address agricultural crises in this state.
5-23 (d) The department shall develop and maintain guidelines and
5-24 procedures to provide awards under this chapter for specific
5-25 projects at eligible institutions on a competitive, peer-review
5-26 basis.
5-27 (e) The department shall determine whether an institution of
6-1 higher education qualifies as an eligible institution for the
6-2 purposes of this chapter. To be designated as an eligible
6-3 institution, an institution of higher education must demonstrate an
6-4 exceptional capability to attract federal, state, and private
6-5 funding for scientific and technical research and have an
6-6 exceptionally strong research staff and the necessary equipment and
6-7 facilities.
6-8 (f) In considering projects for selection, the commissioner
6-9 shall give special consideration to projects that:
6-10 (1) leverage funds from other sources; and
6-11 (2) propose innovative, collaborative efforts:
6-12 (A) across academic disciplines;
6-13 (B) involving two or more eligible institutions;
6-14 or
6-15 (C) involving eligible institutions, private
6-16 industry, and the federal government.
6-17 (g) The commissioner may adopt rules necessary to accomplish
6-18 the purposes of this chapter.
6-19 Sec. 46.003. AGRICULTURAL TECHNOLOGY ACCOUNT. (a) The
6-20 agricultural technology account is an account in the general
6-21 revenue fund.
6-22 (b) The agricultural technology account consists of
6-23 legislative appropriations, gifts and grants received under
6-24 Subsection (c), and other money required by law to be deposited in
6-25 the account.
6-26 (c) The department may solicit and accept gifts in kind and
6-27 grants of money from the federal government, local governments,
7-1 private corporations, or other persons to be used for the purposes
7-2 of this chapter.
7-3 (d) Funds in the agricultural technology account may be used
7-4 only as provided by this chapter. The account is exempt from the
7-5 application of Section 403.095, Government Code.
7-6 (e) Income from money in the account shall be credited to
7-7 the account.
7-8 Sec. 46.004. USE OF FUNDS IN AGRICULTURAL TECHNOLOGY
7-9 ACCOUNT. (a) From funds appropriated for the agri-tech program,
7-10 the comptroller shall issue warrants to each eligible institution
7-11 in the amount certified by the department to the comptroller.
7-12 (b) Funds awarded from the agricultural technology account
7-13 may be expended to support the particular research project for
7-14 which the award is made and may not be expended for the general
7-15 support of research and instruction at the institution conducting
7-16 or sponsoring the project or for the construction or remodeling of
7-17 a facility.
7-18 (c) Funds in the agricultural technology account shall be
7-19 used, when practicable within the purposes of this chapter, to
7-20 match grants provided by the federal government or private industry
7-21 for specific collaborative research projects at eligible
7-22 institutions.
7-23 (d) Supplies, materials, services, and equipment purchased
7-24 with funds obtained under this section are not subject to General
7-25 Services Commission authority.
7-26 Sec. 46.005. PROGRESS REPORTS. An institution receiving
7-27 funds under this chapter shall report on the progress of the funded
8-1 research to the department not later than September 1 of each year.
8-2 Sec. 46.006. MERIT REVIEW. The commissioner shall appoint a
8-3 committee consisting of representatives of the agriculture industry
8-4 and of private enterprise advanced technology research
8-5 organizations to evaluate the agri-tech program's effectiveness.
8-6 The committee shall report its findings to the department not later
8-7 than September 1 of the second year of each biennium.
8-8 SECTION 4. Title 3, Agriculture Code, is amended by adding
8-9 Chapter 47 to read as follows:
8-10 CHAPTER 47. AGRICULTURE RISK MANAGEMENT EDUCATION
8-11 Sec. 47.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
8-12 legislature finds that:
8-13 (1) the increasingly global marketplace and the
8-14 increasing flexibility in agriculture production decisions expose
8-15 agricultural producers and agribusinesses to increased income risk;
8-16 (2) managing these increased risks is critical to the
8-17 future economic competitiveness and success of agriculture in this
8-18 state; and
8-19 (3) policymakers, lenders, agribusiness firms, rural
8-20 community leaders, and researchers will benefit from a better
8-21 understanding of how farmers and ranchers adapt to different
8-22 economic, regulatory, and political environments.
8-23 (b) The purposes of this chapter are to:
8-24 (1) increase risk management educational efforts to
8-25 help agricultural producers and agribusinesses to:
8-26 (A) understand risk and its consideration in
8-27 decision making;
9-1 (B) understand the economic impacts on farms or
9-2 ranches of adopting new production or information technologies;
9-3 (C) understand the economic impacts on farms or
9-4 ranches of changing agricultural, regulatory, monetary, and fiscal
9-5 policies; and
9-6 (D) measure the relative risk associated with
9-7 alternative production, marketing, and financial decisions;
9-8 (2) establish a statewide educational program that
9-9 includes a risk management support system and a comprehensive
9-10 educational curriculum; and
9-11 (3) foster the economic competitiveness and success of
9-12 agriculture in this state.
9-13 Sec. 47.002. CREATION OF PROGRAMS. (a) The Texas
9-14 Agricultural Extension Service shall administer a statewide
9-15 financial and risk management assistance support system to help
9-16 farmers and ranchers make long-term strategic planning decisions
9-17 and adjust their operations to new production, marketing, and
9-18 financing situations. The support system may include computer and
9-19 communications technology to provide agricultural producers and
9-20 agribusinesses with information needed for individual long-term
9-21 strategic farm or ranch planning.
9-22 (b) The extension service shall develop and implement a
9-23 statewide comprehensive educational curriculum program to provide
9-24 agricultural producers and agribusinesses with additional
9-25 information about risk management and potential tools and options
9-26 to consider in managing risks. The curriculum may include
9-27 instructional materials, instructors, and other resources in areas
10-1 of agricultural, regulatory, monetary, and fiscal interest.
10-2 (c) The extension service may organize and deliver the
10-3 programs with the assistance of interested agricultural groups.
10-4 Sec. 47.003. ELIGIBILITY FOR EDUCATIONAL MATERIALS AND
10-5 SERVICES. As a condition for educational assistance under this
10-6 chapter, the Texas Agricultural Extension Service shall require
10-7 that a person pay a subscription fee or other charge in exchange
10-8 for educational services and materials.
10-9 SECTION 5. Title 8, Agriculture Code, is amended by adding
10-10 Chapter 254 to read as follows:
10-11 CHAPTER 254. EMERGENCY HAY PROGRAM
10-12 Sec. 254.001. DEFINITION. In this chapter, "manager" means
10-13 the commodity crisis manager under Chapter 60.
10-14 Sec. 254.002. EMERGENCY HAY PROGRAM. (a) The department
10-15 shall adopt rules and administer a program to provide assistance
10-16 for the transportation of hay for use by agricultural producers
10-17 whose production abilities are hindered during periods of natural
10-18 disaster or other emergencies due to a lack of forage.
10-19 (b) The manager shall oversee the program.
10-20 Sec. 254.003. EMERGENCY HAY ACCOUNT. (a) The emergency hay
10-21 account is an account in the general revenue fund.
10-22 (b) The emergency hay account consists of legislative
10-23 appropriations and other money required by law to be deposited in
10-24 the account.
10-25 (c) The department may solicit and accept gifts in kind and
10-26 grants of money from the federal government, local governments,
10-27 private corporations, or other persons to be used for the purposes
11-1 of this chapter.
11-2 (d) Money in the account may be used only for the purposes
11-3 of this chapter. The account is exempt from the application of
11-4 Section 403.095, Government Code.
11-5 (e) Income from money in the account shall be credited to
11-6 the account.
11-7 Sec. 254.004. DUTIES OF DEPARTMENT. (a) To provide
11-8 assistance under this chapter, the department shall:
11-9 (1) establish a reciprocal system of waivers to help
11-10 facilitate the interstate transportation of hay;
11-11 (2) create a database to identify public and private
11-12 haulers that are willing to donate transportation services;
11-13 (3) develop and promote a hay and grazing hotline
11-14 designed to:
11-15 (A) connect Texas hay buyers with Texas hay
11-16 sellers;
11-17 (B) connect Texas hay buyers with out-of-state
11-18 hay sellers;
11-19 (C) connect Texas livestock producers that have
11-20 their own transportation with out-of-state hay donors;
11-21 (D) connect donated transportation with hay
11-22 donors; and
11-23 (E) connect livestock owners with grazing leases
11-24 in and out of Texas; and
11-25 (4) develop a plan, with periodic updates, to secure
11-26 and manage transportation and local distribution of hay donations.
11-27 (b) The department shall coordinate its efforts with other
12-1 emergency relief programs administered by the governor's division
12-2 of emergency management.
12-3 (c) To the extent practicable, the department shall use the
12-4 resources of the Texas Agricultural Extension Service and of
12-5 agricultural commodity associations when developing and
12-6 implementing its plan.
12-7 Sec. 254.005. POWERS OF COMMISSIONER. (a) The commissioner
12-8 may authorize the use of available funds from the emergency hay
12-9 account to facilitate the transportation of hay to producers when
12-10 donated resources have been exhausted.
12-11 (b) The commissioner may:
12-12 (1) negotiate contracts with commercial haulers; and
12-13 (2) certify commercial haulers for use during a
12-14 natural disaster or other emergency.
12-15 Sec. 254.006. ELIGIBILITY FOR PROGRAM. The assistance
12-16 provided under this chapter is available only for agricultural
12-17 producers located within a county that is declared a federal
12-18 disaster area.
12-19 Sec. 254.007. ASSISTANCE FOR DEPARTMENT. (a) The Texas
12-20 Agricultural Extension Service shall enter into a memorandum of
12-21 understanding with the department to assist the department in
12-22 administering the program.
12-23 (b) The assistance provided by the extension service under
12-24 this section may include:
12-25 (1) an assessment of local conditions within a county
12-26 in which agricultural producers are eligible for assistance under
12-27 Section 254.006;
13-1 (2) the selection of hay distribution sites; and
13-2 (3) coordination of volunteer efforts.
13-3 (c) The extension service shall develop guidelines for
13-4 county extension agents to implement this section.
13-5 (d) For purposes of this section, a county extension agent
13-6 may establish an advisory committee of local producers or work with
13-7 an existing committee.
13-8 Sec. 254.008. TERMINATION OF PROGRAM ASSISTANCE. The
13-9 department shall terminate program assistance in a county if:
13-10 (1) the county's federal disaster area designation
13-11 expires; or
13-12 (2) funds in the emergency hay account are depleted.
13-13 SECTION 6. Subchapter F, Chapter 661, Government Code, is
13-14 amended by adding Section 661.152 to read as follows:
13-15 Sec. 661.152. LEAVE FOR VOLUNTEER FIREFIGHTERS IN CERTAIN
13-16 DISASTERS. (a) This section applies only to a state employee who:
13-17 (1) is trained as a volunteer firefighter; and
13-18 (2) volunteers for duty to prevent or fight fires in
13-19 an area designated as a federal disaster area as the result of
13-20 drought conditions.
13-21 (b) A person to whom this section applies is eligible for a
13-22 leave of absence from work as a state employee without loss of
13-23 compensation or risk of termination for the hours during which the
13-24 employee serves as a volunteer firefighter in a situation described
13-25 by Subsection (a)(2).
13-26 (c) The state agency that employs a person who requests
13-27 leave under this section shall verify the person's eligibility to
14-1 take the leave.
14-2 SECTION 7. This Act takes effect September 1, 1999.
14-3 SECTION 8. The importance of this legislation and the
14-4 crowded condition of the calendars in both houses create an
14-5 emergency and an imperative public necessity that the
14-6 constitutional rule requiring bills to be read on three several
14-7 days in each house be suspended, and this rule is hereby suspended.