By: Ogden, Wentworth, Bernsen S.B. No. 706
A BILL TO BE ENTITLED
AN ACT
1-1 relating to providing disaster relief to agriculture; providing
1-2 penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 8, Agriculture Code, is amended by adding
1-5 Chapter 255 to read as follows:
1-6 CHAPTER 255. DISASTER RELIEF PROGRAM
1-7 Sec. 255.001. DEFINITIONS. For the purposes of this
1-8 chapter, the following terms have the following meanings:
1-9 (1) "Agriculture" means:
1-10 (A) the cultivation of the soil to produce
1-11 crops;
1-12 (B) horticulture, floriculture, or viticulture;
1-13 (C) forestry; or
1-14 (D) the raising or keeping of livestock or
1-15 poultry.
1-16 (2) "Commissioner" means the commissioner of
1-17 agriculture.
1-18 (3) "Department" means the Department of Agriculture.
1-19 Sec. 255.002. FINDINGS. The legislature finds that:
1-20 (1) agriculture is a vital component of a diversified
1-21 state economy;
1-22 (2) agriculture is more directly and substantially
1-23 affected by adverse weather conditions than other industries; and
1-24 (3) limited availability of federal crop subsidies and
2-1 adverse weather conditions present a significant risk to the
2-2 economic vitality of agricultural enterprises.
2-3 Sec. 255.003. PURPOSES. The purposes of this chapter are
2-4 to:
2-5 (1) promote economic development by ensuring a
2-6 diversified economy;
2-7 (2) foster the growth of agriculture in this state;
2-8 (3) encourage agricultural producers to return to
2-9 production following a year of economic losses; and
2-10 (4) avert the substantial risk of a public calamity
2-11 that will likely result if agricultural industries do not receive
2-12 the benefit of state assistance.
2-13 Sec. 255.004. AGRICULTURAL DISASTER RELIEF PROGRAM. The
2-14 department shall adopt rules and administer an agricultural
2-15 disaster relief program to be implemented by order of the governor
2-16 in a county which has been declared a federal disaster area.
2-17 Sec. 255.005. IMPLEMENTATION OF PROGRAM. (a) This chapter
2-18 is implemented only by order of the governor and is subject to
2-19 specific appropriation by the legislature.
2-20 (b) The legislature may appropriate funds to provide
2-21 assistance for one or more of the agricultural sciences as
2-22 described by Section 255.001(1).
2-23 (c) Any unexpended funds appropriated for the purposes of
2-24 this chapter are subject to Section 403.095, Government Code.
2-25 Sec. 255.006. DISASTER RELIEF REIMBURSEMENT. (a) Subject
2-26 to Section 255.005, a person eligible for reimbursement under this
3-1 chapter may apply for reimbursement of a portion of the person's
3-2 feed, seed, seedling, and fertilizer costs incurred in the year
3-3 following a federal disaster declaration on the land described by
3-4 Section 255.007.
3-5 (b) The maximum reimbursement allowed to a person under this
3-6 chapter is the least of:
3-7 (1) 30 percent of the costs described by Subsection
3-8 (a);
3-9 (2) $15,000; or
3-10 (3) two times the amount of property taxes paid on the
3-11 land described by Section 255.007 for the year during which the
3-12 disaster occurred.
3-13 Sec. 255.007. ELIGIBILITY FOR REIMBURSEMENT. A person
3-14 engaged in agriculture as a commercial endeavor who has suffered
3-15 uninsurable economic loss as a result of a disaster and has not
3-16 received federal relief funds to address that loss is eligible to
3-17 receive reimbursement under this chapter on land that:
3-18 (1) the person owned or leased for agricultural
3-19 purposes;
3-20 (2) was appraised in the year in which the disaster
3-21 occurred for property tax purposes under Subchapter C or D, Chapter
3-22 23, Tax Code; and
3-23 (3) is located in a county that has been declared a
3-24 disaster area by the federal government.
3-25 Sec. 255.008. APPLICATION REQUIREMENTS. (a) The department
3-26 shall make application forms for reimbursement available through
4-1 the county offices of the Texas Agricultural Extension Service.
4-2 (b) An applicant must submit with the application:
4-3 (1) receipts for the expenditures eligible for
4-4 reimbursement under Section 255.006(a);
4-5 (2) property tax records for the land on which the
4-6 economic loss occurred or, if the person is a tenant, documentation
4-7 from the landowner indicating that the land was appraised in the
4-8 year in which the disaster occurred as provided by Section
4-9 255.007(2) and the amount of property taxes paid for that year; and
4-10 (3) other information required by the department to
4-11 assist the department in determining the applicant's eligibility
4-12 for reimbursement.
4-13 Sec. 255.009. APPROVAL OF APPLICATION. (a) To the greatest
4-14 extent possible, the department shall institute an application
4-15 period not to exceed 90 days.
4-16 (b) The department has sole authority to approve
4-17 applications under this chapter.
4-18 (c) If the department approves an application, the
4-19 department shall pay the person the appropriate amount of
4-20 reimbursement under Section 255.006.
4-21 (d) If insufficient funds are available to pay in full all
4-22 claims for reimbursement approved in any year, the department shall
4-23 pay the claims on a pro rata basis.
4-24 Sec. 255.010. FRAUD. (a) A person commits the offense of
4-25 fraud if the person intentionally or knowingly makes a false
4-26 statement or supplies false information or directs another person
5-1 to make a false statement or supply false information in an
5-2 application, receipt, or record required under this chapter.
5-3 (b) An offense under this section is a state jail felony.
5-4 Sec. 255.011. ADMINISTRATION. The department shall
5-5 administer this chapter and may adopt rules for that purpose,
5-6 including rules for the verification of eligibility for
5-7 reimbursement and rules for application for reimbursement. The
5-8 department may contract with a state or federal agency to assist
5-9 the department in administering this chapter.
5-10 SECTION 2. Except as provided by Section 3 of this Act, this
5-11 Act takes effect September 1, 1999.
5-12 SECTION 3. This Act takes effect only if a specific
5-13 appropriation for the implementation of this Act is provided in
5-14 H.B. No. 1 (General Appropriations Act), Acts of the 76th
5-15 Legislature, Regular Session, 1999. If no specific appropriation
5-16 is provided in H.B. No. 1, the General Appropriations Act, this Act
5-17 has no effect.
5-18 SECTION 4. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.