| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to establishing an agriculture ombudsman office in the |
|
|
Department of Agriculture. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 2, Agriculture Code, is amended by adding |
|
|
Chapter 27 to read as follows: |
|
|
CHAPTER 27. AGRICULTURE OMBUDSMAN OFFICE |
|
|
Sec. 27.001. DEFINITIONS. In this chapter: |
|
|
(1) "Agriculture business" means a current or aspiring |
|
|
agriculture producer or agriculture-related business, including: |
|
|
(A) a farmer; |
|
|
(B) a small-scale food producer, processor, or |
|
|
manufacturer; |
|
|
(C) a farmers market operator; and |
|
|
(D) an institution that purchases agricultural |
|
|
products directly from agriculture producers. |
|
|
(2) "Office" means the agriculture ombudsman office |
|
|
created under this chapter. |
|
|
(3) "Ombudsman" means the individual who has been |
|
|
appointed under this chapter as the agriculture ombudsman. |
|
|
Sec. 27.002. ESTABLISHMENT; PURPOSE. The commissioner |
|
|
shall establish an agriculture ombudsman office within the |
|
|
department for the purpose of assisting agriculture businesses. |
|
|
Sec. 27.003. INDEPENDENCE. The ombudsman in the |
|
|
performance of the ombudsman's duties and powers under this chapter |
|
|
acts independently of the commissioner and any other state |
|
|
official. |
|
|
Sec. 27.004. QUALIFICATION; APPOINTMENT. (a) The ombudsman |
|
|
must have expertise in local, state, or federal regulations |
|
|
applicable to agriculture businesses. |
|
|
(b) The governor shall appoint the ombudsman to serve at the |
|
|
will of the governor. |
|
|
Sec. 27.005. ASSISTANTS. (a) The ombudsman may appoint |
|
|
assistants to, under the direction of the ombudsman, perform the |
|
|
same duties and exercise the same powers as the ombudsman. |
|
|
(b) The ombudsman may employ persons or contract for |
|
|
specific services as necessary to carry out this chapter, including |
|
|
legal counsel and other professional and administrative staff that |
|
|
are necessary to provide services to agriculture businesses. |
|
|
Sec. 27.006. RULES. The ombudsman shall adopt rules to |
|
|
implement this chapter. |
|
|
Sec. 27.007. PROMOTION OF AWARENESS OF OFFICE. The |
|
|
ombudsman shall promote awareness to the public of: |
|
|
(1) how the office may be contacted; |
|
|
(2) the purpose of the office; and |
|
|
(3) the services the office provides. |
|
|
Sec. 27.008. DUTIES AND POWERS OF OFFICE. The office shall: |
|
|
(1) respond to questions about local, state, and |
|
|
federal regulations that apply to agriculture businesses; |
|
|
(2) provide contact information for local, state, and |
|
|
federal officials that may assist agriculture businesses in |
|
|
complying with regulations; |
|
|
(3) provide assurance to local and state regulatory |
|
|
agencies that agriculture businesses that are receiving assistance |
|
|
from the ombudsman are meeting applicable legal and regulatory |
|
|
requirements; and |
|
|
(4) ensure that agriculture businesses are treated |
|
|
fairly and expeditiously in regulatory application and review |
|
|
processes. |
|
|
Sec. 27.009. ACCESS TO INFORMATION. (a) A governmental |
|
|
entity shall allow the office access to the entity's records |
|
|
relating to action taken by the entity that affects an agriculture |
|
|
business. |
|
|
(b) The ombudsman may use the information obtained under |
|
|
this section for the purposes of assisting agriculture businesses, |
|
|
evaluating governmental entities' application of laws affecting |
|
|
agriculture businesses, and making recommendations for |
|
|
legislation. |
|
|
Sec. 27.010. CONFIDENTIALITY OF RECORDS. The office shall |
|
|
maintain the confidentiality of personal information obtained |
|
|
under Section 27.009 and other information obtained under that |
|
|
section that is confidential under Chapter 552, Government Code. |
|
|
Sec. 27.011. REPORT. On or before January 1 of each year, |
|
|
the ombudsman shall submit to the governor, the lieutenant |
|
|
governor, and each member of the legislature a report that |
|
|
describes, for the one-year period preceding the report: |
|
|
(1) the activities of the ombudsman; |
|
|
(2) the types of and number of complaints and |
|
|
inquiries submitted to the ombudsman; |
|
|
(3) any recommendations the ombudsman has relating to |
|
|
the office; and |
|
|
(4) any legislative proposals relating to agriculture |
|
|
businesses. |
|
|
SECTION 2. Not later than January 1, 2016, the commissioner |
|
|
of agriculture shall establish the agriculture ombudsman office |
|
|
under Chapter 27, Agriculture Code, as added by this Act, and the |
|
|
governor shall appoint the agriculture ombudsman. |
|
|
SECTION 3. 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, 2015. |