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 * * * * *