79R918 BDH-F
By: Jackson S.B. No. 161
A BILL TO BE ENTITLED
AN ACT
relating to the food and fibers research grant program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 42, Agriculture Code, is
amended to read as follows:
CHAPTER 42. [TEXAS] FOOD AND FIBERS RESEARCH
GRANT PROGRAM [COMMISSION]
SECTION 2. Section 42.001, Agriculture Code, is amended to
read as follows:
Sec. 42.001. PURPOSE [POLICY]. The food and fibers
research grant program [purpose of the Texas Food and Fibers
Commission] is a program in the department to assist the fibers and
oilseeds industries in this state by identifying and obtaining
available funding from public and private entities, including
federal agencies and state agencies in this and other states, for
the support of applied research related to fibers and oilseeds
[contract with universities engaged in agricultural research in the
state to conduct surveys, research, and investigations relating to
the production and increased use of cotton, oilseed products, wool,
mohair, and other textile products].
SECTION 3. Chapter 42, Agriculture Code, is amended by
adding Section 42.0015 to read as follows:
Sec. 42.0015. DEFINITIONS. In this chapter:
(1) "Council" means the Food and Fibers Research
Council.
(2) "Program" means the food and fibers research grant
program.
SECTION 4. Sections 42.002-42.004 and 42.008, Agriculture
Code, are amended to read as follows:
Sec. 42.002. ORGANIZATION. The [Texas] Food and Fibers
Research Council [Commission] is composed of the following members
appointed by the commissioner:
(1) the commissioner or the commissioner's designee
[the chancellor of The Texas A&M University System];
(2) a representative of the Texas Cotton Producers
Association [the president of The University of Texas at Austin];
(3) a representative of the Texas Cotton Association
[the president of Texas Tech University]; [and]
(4) a representative of the Texas Cotton Ginners
Association;
(5) a representative of the Texas Independent Ginners
Association;
(6) a representative of the Texas Agriculture
Cooperative Council;
(7) a representative of the Mohair Council of America;
(8) a representative of the Texas Sheep and Goat
Raisers Association;
(9) a Texas representative of the National Cottonseed
Products Association;
(10) a Texas representative of the Southwest Peanut
Growers Association;
(11) a representative of the textile industry;
(12) a representative of the fashion industry; and
(13) a representative of the food processing industry
[the president of Texas Woman's University].
Sec. 42.003. ADMINISTRATION. (a) Members of the council
serve staggered six-year terms, with as near as possible to
one-third of the members' terms expiring on February 1 of each
odd-numbered year [Each member of the commission shall serve a
two-year term as chairman, rotating the service in the order in
which the members are listed in Section 42.002. A person may not
serve as a member of the commission or act as the general counsel to
the commission if the person is required to register as a lobbyist
under Chapter 305, Government Code, because of the person's
activities for compensation on behalf of a profession related to
the operation of the commission].
(b) The commissioner or the commissioner's designee serves
as presiding officer of the council.
(c) The council [commission] shall meet at least once each
year at a time designated by the presiding officer [chairman].
[(c) Each member of the commission shall designate a person
on his or her staff as a liaison officer to work with commission
committees, commission staff, and agencies contracting or
consulting with the commission.]
(d) Members of the council are not entitled to compensation
for service on the council or reimbursement for travel expenses
incurred by the member while conducting council business [The
executive director of the commission shall coordinate the
operations of the committees and staff personnel and shall oversee
the work done for the commission by contracting or consulting
agencies].
(e) The commissioner shall provide the council with
necessary staff and resources to administer the program, as
determined by the commissioner. The commissioner may also appoint
or employ consultants or other agents as necessary for the business
of the program.
(f) The commissioner may [commission shall] adopt rules
necessary to administer this chapter [for commission and committee
proceedings, including rules that prescribe the policies and
procedures to be followed in awarding contracts].
Sec. 42.004. POWERS AND DUTIES. (a) The council
[commission] shall adopt and administer the program to provide
funding for [conduct] surveys, research, and investigations
relating to the use of cotton fiber, cottonseed, oilseed products,
other products of the cotton plant, wool, mohair, and other textile
products.
(b) The department [Rules adopted by the commission must
require the submission of summaries of research being conducted or
previously conducted at institutions of The Texas A & M University
System or at The University of Texas at Austin, Texas Tech
University, or Texas Woman's University that are similar to
proposals submitted to the commission for research funding. The
rules must also require the submission of reports of marketing
activities of the departments of agriculture and commerce that are
related to proposals submitted to the commission for research
funding. To improve coordination and prevent duplication of
research, the commission shall consider the summaries and reports
before awarding a contract for research.
[(c) In performing its functions, the commission] may
contract with any state [educational] institution of higher
education, state agency, or federal agricultural agency to perform
services for the council [commission] or for the use of the
facilities of the agency. [The commission may compensate the
contracting agency from money appropriated for the purposes of this
chapter.]
(c) [(d)] The awarding of program grant funds under this
chapter [contracts by the commission] is restricted to [contracts
for] surveys, research, or investigations of cotton, cottonseed oil
or other related oilseed products, wool, mohair, or other related
textile products, unless otherwise specifically provided by the
terms of the grant.
[(e) The commission shall give priority in the awarding of
contracts under this chapter to contracts for production research,
but the commission may award a research contract for marketing
processes. The commission may not award a contract for a direct
marketing or other promotional program.
[(f) The commission shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the commission and to speak on any issue under the
jurisdiction of the commission.]
Sec. 42.008. FINANCES. (a) The council and the department
[commission] may solicit and accept, for the purposes of this
chapter, gifts, donations, and grants from public [the United
States] and [from] private sources, subject only to limitations
contained in the gift, donation, or grant.
(b) [The commission shall prepare annually a complete and
detailed written report accounting for all funds received and
disbursed by the commission during the preceding fiscal year. The
annual report must meet the reporting requirements applicable to
financial reporting provided in the General Appropriations Act.
[(c)] Funds appropriated for the purposes of this chapter
shall be expended at the direction of the council [commission] on
claims approved by the council [a majority of the commission].
(c) [(d)] The total amount of appropriations, exclusive of
legislative appropriations of gifts from private sources, expended
or encumbered by the council [commission] for purposes of research
during a fiscal biennium may not exceed the amount of private gifts,
donations, or grants to the council [commission] expended or
encumbered for research during the same period.
(d) [(e)] All money paid to the council [commission] under
this chapter is subject to Subchapter F, Chapter 404, Government
Code.
SECTION 5. Sections 42.005-42.007 and 42.009-42.011,
Agriculture Code, are repealed.
SECTION 6. (a) The Texas Food and Fibers Commission is
abolished on January 1, 2006. On that date, all contracts, records,
employees, property, and unspent and unobligated appropriations
and other funds of the Texas Food and Fibers Commission are
transferred to the Department of Agriculture for administration of
the food and fibers research grant program.
(b) The abolishment of the Texas Food and Fibers Commission
does not affect the validity of a right, privilege, or obligation
accrued, a contract or acquisition made, a liability incurred, or
other action taken by or in connection with the Texas Food and
Fibers Commission.
SECTION 7. As soon as practicable after the effective date
of this Act, the commissioner of agriculture shall appoint the
initial members of the Food and Fibers Research Council, as
required by Section 42.002, Agriculture Code, as amended by this
Act. At the first meeting of the initial members of the council,
the members shall draw lots to determine which four members will
serve initial two-year terms expiring February 1, 2007, which four
members will serve initial four-year terms expiring February 1,
2009, and which four members will serve initial six-year terms
expiring February 1, 2011.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.