SRC-BWC S.B. 331 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 331
77R3240 JMG-DBy: Haywood
Agriculture
2/13/2001
As Filed


DIGEST AND PURPOSE 

Currently, agriculture plays a large part in the Texas economy by
accounting for $15 billion in direct income along with generating $80
billion for the Texas economy as a whole, but there are many barriers
hindering its future existence.  Texas agriculture is in fragile condition
due to droughts, floods, pests, crop losses, changing federal policy, lack
of marketing, and the general disconnection of urban areas. As proposed,
S.B. 331 lays the foundation for future agricultural policy, while offering
a means of preventing the state's agriculture industry and rural voice from
becoming obsolete. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2.003, Agriculture Code, by requiring the
agricultural policy of this state to consider and address: 

 _water availability issues, including planning for water supplies and
drought preparedness and response, by ensuring that a high priority is
assigned to the agricultural use of water; 

 _transportation issues, by ensuring an efficient and well-maintained farm
-to-market road system and intermodal transportation to provide adequate
transportation for agricultural products at competitive rates; 

 _state regulatory issues, by preventing the state from imposing laws or
regulations that would be inconsistent with the efficiency and
profitability of agricultural enterprises or have an adverse effect on the
health, safety, or welfare of citizens of this state; 

 _state tax policy, by encouraging tax policy that promotes the agriculture
industry, including production and processing; 

 _the availability of capital, including state loans or grants authorized
by Section 52-a, Article III, Texas Constitution, by facilitating access to
capital through loans and grants authorized by the Texas Constitution for
agricultural producers who have established or intend to establish
agricultural operations in Texas; 

 _the promotion of Texas agricultural products, by promoting the orderly
and efficient marketing of agricultural commodities and enhancing and
expanding sales of Texas raw and processed agricultural products in local,
domestic, and foreign markets; 

 _research and education efforts, including financial risk management,
consumer education, and education in the public schools, by encouraging
promotional and educational programs involving all segments of agricultural
and maintaining a solid  foundation of stable and long-term support for
food and agricultural research while improving accountability and gathering
public input concerning research; 

 _promotion of efficient utilization of soil and water resources, by
encouraging efforts to sustain the long-term productivity of landowners by
conserving and protecting the basic resources of agriculture, including
soil, water, and air, while working within federal mandates relating to
natural resources; 

 _rural economic and infrastructure development, by enhancing, protecting,
and encouraging the production of food and other agricultural products; 

 _protection of property rights and the right to farm, by promoting and
protecting agricultural activities that are established before
nonagricultural activities located near the agricultural activities and are
reasonable and consistent with good agricultural practices; 

 _preservation of farmland, by encouraging the development and improvement
of farmland for the production of food and other agricultural products
consistent with the philosophy of  private property rights state;  

 _food safety, by continuing to support production of the safest food in
the world with regulations based on sound scientific evidence; 

 _efforts to participate in the formulation of federal programs and
policies, by actively addressing the development of federal policy  that
affects this state; 

 _promotion of rural fire service, by seeking opportunities to improve the
sustainability and effectiveness of rural fire service for the protection
of the general public and natural resources; 

 _promotion of valued-added agricultural enterprises, by promoting efforts
to increase the value of Texas agricultural products through processing,
management practices, or other procedures that add consumer benefits to
agricultural goods. 

For the purposes of Subsection (a) (11), an agricultural activity is
presumed to be reasonable and not a nuisance, unless the activity has a
substantial adverse effect on public health and safety and does not conform
with federal, state, and local laws and regulations. 

SECTION 2.  Effective date:  upon passage or September 1, 2001.