1-1 By: Haywood, Bernsen S.B. No. 331
1-2 (In the Senate - Filed January 22, 2001; January 22, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 1, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 1, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 331 By: Haywood
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to agricultural policy for the state.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 2.003, Agriculture Code, is amended to
1-13 read as follows:
1-14 Sec. 2.003. POLICY. (a) The agricultural policy of this
1-15 state must consider and address:
1-16 (1) water availability issues, including planning for
1-17 water supplies and drought preparedness and response, by ensuring
1-18 that a high priority is assigned to the agricultural use of water;
1-19 (2) transportation issues, by ensuring an efficient
1-20 and well-maintained [including the] farm-to-market road system and
1-21 intermodal transportation to provide adequate transportation for
1-22 agricultural products at competitive rates;
1-23 (3) state regulatory issues, by preventing the state
1-24 from imposing laws or regulations that would be inconsistent with
1-25 the efficiency and profitability of agricultural enterprises or
1-26 have an adverse effect on the health, safety, or welfare of
1-27 citizens of this state;
1-28 (4) state tax policy, by encouraging tax policy that
1-29 promotes the agriculture industry, including production and
1-30 processing;
1-31 (5) the availability of capital, including state loans
1-32 or grants authorized by Section 52-a, Article III, Texas
1-33 Constitution, by facilitating access to capital through loans and
1-34 grants authorized by the Texas Constitution for agricultural
1-35 producers who have established or intend to establish agricultural
1-36 operations in Texas;
1-37 (6) the promotion of Texas agricultural products, by
1-38 promoting the orderly and efficient marketing of agricultural
1-39 commodities and enhancing and expanding sales of Texas raw and
1-40 processed agricultural products in local, [including development
1-41 of] domestic, and foreign markets;
1-42 (7) eradication, [or] control, or exclusion of:
1-43 (A) injurious pests and diseases that affect
1-44 crops and livestock; and
1-45 (B) noxious plant and brush species;
1-46 (8) research and education efforts, including
1-47 financial risk management, [and] consumer education, and education
1-48 in the public schools, by encouraging promotional and educational
1-49 programs involving all segments of agriculture and maintaining a
1-50 solid foundation of stable and long-term support for food and
1-51 agricultural research while improving accountability and gathering
1-52 public input concerning research;
1-53 (9) promotion of efficient utilization of soil and
1-54 water resources, by encouraging efforts to sustain the long-term
1-55 productivity of landowners by conserving and protecting the basic
1-56 resources of agriculture, including soil, water, and air, while
1-57 working within federal mandates relating to natural resources;
1-58 (10) rural economic and infrastructure development, by
1-59 enhancing, protecting, and encouraging the production of food and
1-60 other agricultural products;
1-61 (11) protection of property rights and the right to
1-62 farm, by promoting and protecting agricultural activities that are
1-63 established before nonagricultural activities located near the
1-64 agricultural activities and are reasonable and consistent with good
2-1 agricultural practices;
2-2 (12) preservation of farmland, ranchland, timberland,
2-3 and other land devoted to agricultural purposes, by encouraging the
2-4 development and improvement of the land for the production of food
2-5 and other agricultural products consistent with the philosophy of a
2-6 private property rights state;
2-7 (13) food safety, by continuing to support production
2-8 of the safest food in the world with regulations based on sound
2-9 scientific evidence;
2-10 (14) efforts to participate in the formulation of
2-11 federal programs and policies, by actively addressing the
2-12 development of federal policy that affects this state;
2-13 (15) promotion of rural fire service, by seeking
2-14 opportunities to improve the sustainability and effectiveness of
2-15 rural fire service for the protection of the general public and
2-16 natural resources; and
2-17 (16) promotion of value-added agricultural
2-18 enterprises, by promoting efforts to increase the value of Texas
2-19 agricultural products through processing, management practices, or
2-20 other procedures that add consumer benefits to agricultural goods.
2-21 (b) For the purposes of Subsection (a)(11), an agricultural
2-22 activity is presumed to be:
2-23 (1) reasonable and not a nuisance, unless the activity
2-24 has a substantial adverse effect on public health and safety; and
2-25 (2) a good agricultural practice not adversely
2-26 affecting public health and safety if the activity is undertaken in
2-27 conformity with federal, state, and local laws and regulations.
2-28 SECTION 2. This Act takes effect immediately if it receives
2-29 a vote of two-thirds of all the members elected to each house, as
2-30 provided by Section 39, Article III, Texas Constitution. If this
2-31 Act does not receive the vote necessary for immediate effect, this
2-32 Act takes effect September 1, 2001.
2-33 * * * * *