By Counts, Swinford, Hawley, Wise, McCall, et al. H.B. No. 819
77R2658 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to transfer of the Office of Rural Affairs to the
1-3 Department of Agriculture.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 481.0067, Government Code, is transferred
1-6 to Chapter 12, Agriculture Code, and redesignated as Section
1-7 12.038, Agriculture Code, to read as follows:
1-8 Sec. 12.038 [481.0067]. OFFICE OF RURAL AFFAIRS. (a) The
1-9 department shall establish and maintain an Office of Rural Affairs.
1-10 The office shall be headed by a rural affairs director. To be
1-11 eligible to serve as the rural affairs director, a person must have
1-12 demonstrated a strong commitment to and involvement in economic
1-13 development activities in rural areas.
1-14 (b) The Office of Rural Affairs shall:
1-15 (1) develop a rural resource guide and provide the
1-16 information to rural areas through print and electronic media and
1-17 through use of the Texas Business and Community Economic
1-18 Development Clearinghouse;
1-19 (2) provide information to state agencies on the
1-20 effects of proposed policies or actions that affect rural areas;
1-21 (3) cosponsor meetings, to the extent practical, in
1-22 cooperation with public and private educational institutions to
1-23 disseminate information beneficial to rural areas;
1-24 (4) identify potential opportunities for businesses in
2-1 rural areas and assist these businesses to maximize those
2-2 opportunities;
2-3 (5) conduct an analysis of the available federal,
2-4 state, and local government and rural economic development business
2-5 outreach and data services in rural areas of this state by
2-6 examining the availability of:
2-7 (A) computerized economic development databases
2-8 that provide data for existing and prospective businesses and
2-9 communities in rural areas of this state; and
2-10 (B) business information outreach service
2-11 offices or centers that provide comprehensive technical assistance,
2-12 research, consulting services, training, and other services to
2-13 businesses in rural areas; and
2-14 (6) perform any other functions necessary to carry out
2-15 the purposes of this section.
2-16 (c) In administering this section, the department may:
2-17 (1) employ and set the compensation of personnel to
2-18 carry out the Office of Rural Affairs' functions under this
2-19 section; and
2-20 (2) consult with:
2-21 (A) experts and authorities in the fields of
2-22 rural development, economic development, and community development;
2-23 (B) individuals with regulatory, legal,
2-24 economic, or financial expertise, including members of the academic
2-25 community; and
2-26 (C) individuals who represent the public
2-27 interest.
3-1 (d) Each state agency must, on request, furnish the Office
3-2 of Rural Affairs with reports and other information necessary to
3-3 enable the Office of Rural Affairs to carry out the purposes of
3-4 this section.
3-5 (e) The Office of Rural Affairs may accept gifts, grants,
3-6 and donations from sources other than the state for the purpose of
3-7 performing specific projects, studies, or procedures or to provide
3-8 assistance to rural areas.
3-9 (f) Not later than October 15 of each even-numbered year,
3-10 the department shall submit to the governor and the legislature a
3-11 report containing specific information regarding each of the
3-12 functions performed by the Office of Rural Affairs, including
3-13 recommendations regarding issues that affect the rural areas of the
3-14 state.
3-15 SECTION 2. (a) This Act takes effect September 1, 2001.
3-16 (b) As soon as practicable after the effective date of this
3-17 Act, but not later than January 1, 2002:
3-18 (1) all powers, duties, rights, and obligations of the
3-19 Texas Department of Economic Development relating to the Office of
3-20 Rural Affairs are transferred to the commissioner of agriculture
3-21 and the Department of Agriculture, as provided by this Act;
3-22 (2) except as provided by Subsection (c) of this
3-23 section, all assets, liabilities, personnel, equipment, data,
3-24 documents, facilities, and other items relating to the Office of
3-25 Rural Affairs are transferred from the Texas Department of Economic
3-26 Development to the Department of Agriculture; and
3-27 (3) any appropriation to the Texas Department of
4-1 Economic Development relating to the Office of Rural Affairs is
4-2 transferred to the Department of Agriculture.
4-3 (c) The governing board of the Texas Department of Economic
4-4 Development may decide whether to transfer to the Department of
4-5 Agriculture:
4-6 (1) personnel who perform both duties that relate to
4-7 the Office of Rural Affairs and duties that do not relate to the
4-8 Office of Rural Affairs; and
4-9 (2) assets used by both the Office of Rural Affairs
4-10 and divisions of the Texas Department of Economic Development other
4-11 than the Office of Rural Affairs.
4-12 (d) The officers and employees of the Texas Department of
4-13 Economic Development and the Department of Agriculture shall
4-14 cooperate fully with the transfer.
4-15 (e) The transfer of functions under Subsection (b) of this
4-16 section shall occur on the date specified in an interagency
4-17 contract among the governing board of the Texas Department of
4-18 Economic Development, the director of the Office of Rural Affairs,
4-19 and the Department of Agriculture.
4-20 (f) Notwithstanding the change in law made by this Act, the
4-21 governing board of the Texas Department of Economic Development
4-22 retains all powers and duties relating to the Office of Rural
4-23 Affairs until the effective date of the transfer under Subsection
4-24 (b) of this section.
4-25 (g) A change in law made by this Act does not affect the
4-26 validity of any action taken by the governing board of the Texas
4-27 Department of Economic Development relating to the Office of Rural
5-1 Affairs before the effective date of the transfer under Subsection
5-2 (b) of this section.