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 ensuring the
1-16     efficiency and profitability of agricultural enterprises while at
1-17     the same time protecting the health, safety, and welfare of
1-18     agricultural workers and citizens of this state.
1-19                 (4)  state tax policy, by encouraging tax policy that
1-20     promotes the agriculture industry, including production and
1-21     processing;
1-22                 (5)  the availability of capital, including state loans
1-23     or grants authorized by Section 52-a, Article III, Texas
1-24     Constitution, by facilitating access to capital through loans and
1-25     grants authorized by the Texas Constitution for agricultural
 2-1     producers who have established or intend to establish agricultural
 2-2     operations in Texas;
 2-3                 (6)  the promotion of Texas agricultural products, by
 2-4     promoting the orderly and efficient marketing of agricultural
 2-5     commodities and enhancing and expanding sales of Texas raw and
 2-6     processed agricultural products in local, [including development
 2-7     of] domestic, and foreign markets;
 2-8                 (7)  eradication, [or] control, or exclusion of:
 2-9                       (A)  injurious pests and diseases that affect
2-10     crops and livestock; and
2-11                       (B)  noxious plant and brush species;
2-12                 (8)  research and education efforts, including
2-13     financial risk management, [and] consumer education, and education
2-14     in the public schools, by encouraging promotional and educational
2-15     programs involving all segments of agriculture and maintaining a
2-16     solid foundation of stable and long-term support for food and
2-17     agricultural research while improving accountability and gathering
2-18     public input concerning research;
2-19                 (9)  promotion of efficient utilization of soil and
2-20     water resources, by encouraging efforts to sustain the long-term
2-21     productivity of landowners by conserving and protecting the basic
2-22     resources of agriculture, including soil, water, and air, while
2-23     working within federal mandates relating to natural resources;
2-24                 (10)  rural economic and infrastructure development, by
2-25     enhancing, protecting, and encouraging the production of food and
2-26     other agricultural products;
 3-1                 (11)  protection of property rights and the right to
 3-2     farm, by promoting and protecting agricultural activities that are
 3-3     established before nonagricultural activities located near the
 3-4     agricultural activities and are reasonable and consistent with good
 3-5     agricultural practices;
 3-6                 (12)  preservation of farmland, ranchland, timberland,
 3-7     and other land devoted to agricultural purposes, by encouraging the
 3-8     development and improvement of the land for the production of food
 3-9     and other agricultural products consistent with the philosophy of a
3-10     private property rights state;
3-11                 (13)  food safety, by continuing to support production
3-12     of the safest food in the world with regulations based on sound
3-13     scientific evidence;
3-14                 (14)  efforts to participate in the formulation of
3-15     federal programs and policies, by actively addressing the
3-16     development of federal policy that affects this state;
3-17                 (15)  promotion of rural fire service, by seeking
3-18     opportunities to improve the sustainability and effectiveness of
3-19     rural fire service for the protection of the general public and
3-20     natural resources; and
3-21                 (16)  promotion of value-added agricultural
3-22     enterprises, by promoting efforts to increase the value of Texas
3-23     agricultural products through processing, management practices, or
3-24     other procedures that add consumer benefits to agricultural goods.
3-25           (b)  For the purposes of Subsection (a)(11), an agricultural
3-26     activity is presumed to be:
 4-1                 (1)  reasonable and not a nuisance; and
 4-2                 (2)  a good agricultural practice not adversely
 4-3     affecting public health and safety if the activity is undertaken in
 4-4     conformity with federal, state, and local laws and regulations.
 4-5           SECTION 2.  This Act takes effect immediately if it receives
 4-6     a vote of two-thirds of all the members elected to each house, as
 4-7     provided by Section 39, Article III, Texas Constitution.  If this
 4-8     Act does not receive the vote necessary for immediate effect, this
 4-9     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 331 passed the Senate on
         March 7, 2001, by the following vote:  Yeas 26, Nays 4, one
         present, not voting; and that the Senate concurred in House
         amendment on March 27, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 331 passed the House, with
         amendment, on March 22, 2001, by the following vote:  Yeas 139,
         Nays 0, two present, not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor