1-1     By:  Counts, et al. (Senate Sponsor - Duncan)          H.B. No. 819
 1-2           (In the Senate - Received from the House May 1, 2001;
 1-3     May 2, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 10, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to transfer of the Office of Rural Affairs to the
 1-9     Department of Agriculture.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 481.0067, Government Code, is transferred
1-12     to Chapter 12, Agriculture Code, and redesignated as Section
1-13     12.038, Agriculture Code, to read as follows:
1-14           Sec. 12.038 [481.0067].  OFFICE OF RURAL AFFAIRS.  (a)  The
1-15     department shall establish and maintain an Office of Rural Affairs.
1-16     The office shall be headed by a rural affairs director.  To be
1-17     eligible to serve as the rural affairs director, a person must have
1-18     demonstrated a strong commitment to and involvement in economic
1-19     development activities in rural areas.
1-20           (b)  The Office of Rural Affairs shall:
1-21                 (1)  develop a rural resource guide and provide the
1-22     information to rural areas through print and electronic media and
1-23     through use of the Texas Business and Community Economic
1-24     Development Clearinghouse;
1-25                 (2)  provide information to state agencies on the
1-26     effects of proposed policies or actions that affect rural areas;
1-27                 (3)  cosponsor meetings, to the extent practical, in
1-28     cooperation with public and private educational institutions to
1-29     disseminate information beneficial to rural areas;
1-30                 (4)  identify potential opportunities for businesses in
1-31     rural areas and assist these businesses to maximize those
1-32     opportunities;
1-33                 (5)  conduct an analysis of the available federal,
1-34     state, and local government and rural economic development business
1-35     outreach and data services in rural areas of this state by
1-36     examining the availability of:
1-37                       (A)  computerized economic development databases
1-38     that provide data for existing and prospective businesses and
1-39     communities in rural areas of this state; and
1-40                       (B)  business information outreach service
1-41     offices or centers that provide comprehensive technical assistance,
1-42     research, consulting services, training, and other services to
1-43     businesses in rural areas; and
1-44                 (6)  perform any other functions necessary to carry out
1-45     the purposes of this section.
1-46           (c)  In administering this section, the department may:
1-47                 (1)  employ and set the compensation of personnel to
1-48     carry out the Office of Rural Affairs' functions under this
1-49     section; and
1-50                 (2)  consult with:
1-51                       (A)  experts and authorities in the fields of
1-52     rural development, economic development, and community development;
1-53                       (B)  individuals with regulatory, legal,
1-54     economic, or financial expertise, including members of the academic
1-55     community; and
1-56                       (C)  individuals who represent the public
1-57     interest.
1-58           (d)  Each state agency must, on request, furnish the Office
1-59     of Rural Affairs with reports and other information necessary to
1-60     enable the Office of Rural Affairs to carry out the purposes of
1-61     this section.
1-62           (e)  The Office of Rural Affairs may accept gifts, grants,
1-63     and donations from sources other than the state for the purpose of
1-64     performing specific projects, studies, or procedures or to provide
 2-1     assistance to rural areas.
 2-2           (f)  Not later than October 15 of each even-numbered year,
 2-3     the department shall submit to the governor and the legislature a
 2-4     report containing specific information regarding each of the
 2-5     functions performed by the Office of Rural Affairs, including
 2-6     recommendations regarding issues that affect the rural areas of the
 2-7     state.
 2-8           SECTION 2.  (a)  This Act takes effect September 1, 2001.
 2-9           (b)  As soon as practicable after the effective date of this
2-10     Act, but not later than January 1, 2002:
2-11                 (1)  all powers, duties, rights, and obligations of the
2-12     Texas Department of Economic Development relating to the Office of
2-13     Rural Affairs are transferred to the commissioner of agriculture
2-14     and the Department of Agriculture, as provided by this Act;
2-15                 (2)  except as provided by Subsection (c) of this
2-16     section, all assets, liabilities, personnel, equipment, data,
2-17     documents, facilities, and other items relating to the Office of
2-18     Rural Affairs are transferred from the Texas Department of Economic
2-19     Development to the Department of Agriculture; and
2-20                 (3)  any appropriation to the Texas Department of
2-21     Economic Development relating to the Office of Rural Affairs is
2-22     transferred to the Department of Agriculture.
2-23           (c)  The governing board of the Texas Department of Economic
2-24     Development may decide whether to transfer to the Department of
2-25     Agriculture:
2-26                 (1)  personnel who perform both duties that relate to
2-27     the Office of Rural Affairs and duties that do not relate to the
2-28     Office of Rural Affairs; and
2-29                 (2)  assets used by both the Office of Rural Affairs
2-30     and divisions of the Texas Department of Economic Development other
2-31     than the Office of Rural Affairs.
2-32           (d)  The officers and employees of the Texas Department of
2-33     Economic Development and the Department of Agriculture shall
2-34     cooperate fully with the transfer.
2-35           (e)  The transfer of functions under Subsection (b) of this
2-36     section shall occur on the date specified in an interagency
2-37     contract among the governing board of the Texas Department of
2-38     Economic Development, the director of the Office of Rural Affairs,
2-39     and the Department of Agriculture.
2-40           (f)  Notwithstanding the change in law made by this Act, the
2-41     governing board of the Texas Department of Economic Development
2-42     retains all powers and duties relating to the Office of Rural
2-43     Affairs until the effective date of the transfer under Subsection
2-44     (b) of this section.
2-45           (g)  A change in law made by this Act does not affect the
2-46     validity of any action taken by the governing board of the Texas
2-47     Department of Economic Development relating to the Office of Rural
2-48     Affairs before the effective date of the transfer under Subsection
2-49     (b) of this section.
2-50                                  * * * * *