79(R) SB 161 - Senate Committee Report version


                                                                                


By:  Jackson                                                      S.B. No. 161
	(In the Senate - Filed January 7, 2005; February 1, 2005, 
read first time and referred to Subcommittee on Agriculture and 
Coastal Resources; March 1, 2005, reported adversely, with 
favorable Committee Substitute to Committee on Natural Resources by 
the following vote:  Yeas 3, Nays 0; March 14, 2005, reported 
adversely, with favorable Committee Substitute from Committee on 
Natural Resources by the following vote:  Yeas 9, Nays 0; 
March 14, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 161                                    By:  Jackson


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, 42.003, 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)  two representatives 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 or fashion 
industry; and       
		(12)  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 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, 42.006, 42.007, 42.009, 42.010, 
and 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.



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