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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing an agriculture ombudsman office in the |
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Department of Agriculture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Agriculture Code, is amended by adding |
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Chapter 27 to read as follows: |
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CHAPTER 27. AGRICULTURE OMBUDSMAN OFFICE |
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Sec. 27.001. DEFINITIONS. In this chapter: |
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(1) "Agriculture business" means a current or aspiring |
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agriculture producer or agriculture-related business, including: |
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(A) a farmer; |
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(B) a small-scale food producer, processor, or |
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manufacturer; |
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(C) a farmers market operator; and |
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(D) an institution that purchases agricultural |
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products directly from agriculture producers. |
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(2) "Office" means the agriculture ombudsman office |
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created under this chapter. |
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(3) "Ombudsman" means the individual who has been |
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appointed under this chapter as the agriculture ombudsman. |
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Sec. 27.002. ESTABLISHMENT; PURPOSE. The commissioner |
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shall establish an agriculture ombudsman office within the |
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department for the purpose of assisting agriculture businesses. |
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Sec. 27.003. INDEPENDENCE. The ombudsman in the |
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performance of the ombudsman's duties and powers under this chapter |
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acts independently of the commissioner and any other state |
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official. |
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Sec. 27.004. QUALIFICATION; APPOINTMENT. (a) The ombudsman |
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must have expertise in local, state, or federal regulations |
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applicable to agriculture businesses. |
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(b) The governor shall appoint the ombudsman to serve at the |
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will of the governor. |
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Sec. 27.005. ASSISTANTS. (a) The ombudsman may appoint |
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assistants to, under the direction of the ombudsman, perform the |
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same duties and exercise the same powers as the ombudsman. |
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(b) The ombudsman may employ persons or contract for |
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specific services as necessary to carry out this chapter, including |
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legal counsel and other professional and administrative staff that |
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are necessary to provide services to agriculture businesses. |
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Sec. 27.006. RULES. The ombudsman shall adopt rules to |
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implement this chapter. |
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Sec. 27.007. PROMOTION OF AWARENESS OF OFFICE. The |
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ombudsman shall promote awareness to the public of: |
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(1) how the office may be contacted; |
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(2) the purpose of the office; and |
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(3) the services the office provides. |
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Sec. 27.008. DUTIES AND POWERS OF OFFICE. The office shall: |
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(1) respond to questions about local, state, and |
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federal regulations that apply to agriculture businesses; |
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(2) provide contact information for local, state, and |
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federal officials that may assist agriculture businesses in |
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complying with regulations; |
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(3) provide assurance to local and state regulatory |
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agencies that agriculture businesses that are receiving assistance |
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from the ombudsman are meeting applicable legal and regulatory |
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requirements; and |
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(4) ensure that agriculture businesses are treated |
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fairly and expeditiously in regulatory application and review |
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processes. |
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Sec. 27.009. ACCESS TO INFORMATION. (a) A governmental |
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entity shall allow the office access to the entity's records |
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relating to action taken by the entity that affects an agriculture |
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business. |
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(b) The ombudsman may use the information obtained under |
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this section for the purposes of assisting agriculture businesses, |
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evaluating governmental entities' application of laws affecting |
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agriculture businesses, and making recommendations for |
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legislation. |
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Sec. 27.010. CONFIDENTIALITY OF RECORDS. The office shall |
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maintain the confidentiality of personal information obtained |
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under Section 27.009 and other information obtained under that |
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section that is confidential under Chapter 552, Government Code. |
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Sec. 27.011. REPORT. On or before January 1 of each year, |
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the ombudsman shall submit to the governor, the lieutenant |
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governor, and each member of the legislature a report that |
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describes, for the one-year period preceding the report: |
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(1) the activities of the ombudsman; |
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(2) the types of and number of complaints and |
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inquiries submitted to the ombudsman; |
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(3) any recommendations the ombudsman has relating to |
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the office; and |
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(4) any legislative proposals relating to agriculture |
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businesses. |
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SECTION 2. Not later than January 1, 2016, the commissioner |
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of agriculture shall establish the agriculture ombudsman office |
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under Chapter 27, Agriculture Code, as added by this Act, and the |
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governor shall appoint the agriculture ombudsman. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |