By: Haywood, et al. S.B. No. 331
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to agricultural policy for the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2.003, Agriculture Code, is amended to
1-5 read as follows:
1-6 Sec. 2.003. POLICY. (a) The agricultural policy of this
1-7 state must consider and address:
1-8 (1) water availability issues, including planning for
1-9 water supplies and drought preparedness and response, by ensuring
1-10 that a high priority is assigned to the agricultural use of water;
1-11 (2) transportation issues, by ensuring an efficient
1-12 and well-maintained [including the] farm-to-market road system and
1-13 intermodal transportation to provide adequate transportation for
1-14 agricultural products at competitive rates;
1-15 (3) state regulatory issues, by preventing the state
1-16 from imposing laws or regulations that would be inconsistent with
1-17 the efficiency and profitability of agricultural enterprises or
1-18 have an adverse effect on the health, safety, or welfare of
1-19 citizens of this state;
1-20 (4) state tax policy, by encouraging tax policy that
1-21 promotes the agriculture industry, including production and
1-22 processing;
1-23 (5) the availability of capital, including state loans
1-24 or grants authorized by Section 52-a, Article III, Texas
1-25 Constitution, by facilitating access to capital through loans and
2-1 grants authorized by the Texas Constitution for agricultural
2-2 producers who have established or intend to establish agricultural
2-3 operations in Texas;
2-4 (6) the promotion of Texas agricultural products, by
2-5 promoting the orderly and efficient marketing of agricultural
2-6 commodities and enhancing and expanding sales of Texas raw and
2-7 processed agricultural products in local, [including development
2-8 of] domestic, and foreign markets;
2-9 (7) eradication, [or] control, or exclusion of:
2-10 (A) injurious pests and diseases that affect
2-11 crops and livestock; and
2-12 (B) noxious plant and brush species;
2-13 (8) research and education efforts, including
2-14 financial risk management, [and] consumer education, and education
2-15 in the public schools, by encouraging promotional and educational
2-16 programs involving all segments of agriculture and maintaining a
2-17 solid foundation of stable and long-term support for food and
2-18 agricultural research while improving accountability and gathering
2-19 public input concerning research;
2-20 (9) promotion of efficient utilization of soil and
2-21 water resources, by encouraging efforts to sustain the long-term
2-22 productivity of landowners by conserving and protecting the basic
2-23 resources of agriculture, including soil, water, and air, while
2-24 working within federal mandates relating to natural resources;
2-25 (10) rural economic and infrastructure development, by
2-26 enhancing, protecting, and encouraging the production of food and
3-1 other agricultural products;
3-2 (11) protection of property rights and the right to
3-3 farm, by promoting and protecting agricultural activities that are
3-4 established before nonagricultural activities located near the
3-5 agricultural activities and are reasonable and consistent with good
3-6 agricultural practices;
3-7 (12) preservation of farmland, ranchland, timberland,
3-8 and other land devoted to agricultural purposes, by encouraging the
3-9 development and improvement of the land for the production of food
3-10 and other agricultural products consistent with the philosophy of a
3-11 private property rights state;
3-12 (13) food safety, by continuing to support production
3-13 of the safest food in the world with regulations based on sound
3-14 scientific evidence;
3-15 (14) efforts to participate in the formulation of
3-16 federal programs and policies, by actively addressing the
3-17 development of federal policy that affects this state;
3-18 (15) promotion of rural fire service, by seeking
3-19 opportunities to improve the sustainability and effectiveness of
3-20 rural fire service for the protection of the general public and
3-21 natural resources; and
3-22 (16) promotion of value-added agricultural
3-23 enterprises, by promoting efforts to increase the value of Texas
3-24 agricultural products through processing, management practices, or
3-25 other procedures that add consumer benefits to agricultural goods.
3-26 (b) For the purposes of Subsection (a)(11), an agricultural
4-1 activity is presumed to be:
4-2 (1) reasonable and not a nuisance, unless the activity
4-3 has a substantial adverse effect on public health and safety; and
4-4 (2) a good agricultural practice not adversely
4-5 affecting public health and safety if the activity is undertaken in
4-6 conformity with federal, state, and local laws and regulations.
4-7 SECTION 2. This Act takes effect immediately if it receives
4-8 a vote of two-thirds of all the members elected to each house, as
4-9 provided by Section 39, Article III, Texas Constitution. If this
4-10 Act does not receive the vote necessary for immediate effect, this
4-11 Act takes effect September 1, 2001.