By: Zaffirini S.B. No. 776
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of an agriculture and rural ombudsman
  office.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 4, Government Code, is amended
  by adding Chapter 482 to read as follows:
  CHAPTER 482.  AGRICULTURE AND RURAL OMBUDSMAN OFFICE
         Sec. 482.001.  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)  "Executive director" means the executive director
  of the Texas Economic Development and Tourism Office.
               (3)  "Office" means the agriculture and rural ombudsman
  office created under this chapter.
               (4)  "Ombudsman" means the individual who has been
  selected under this chapter as the agriculture and rural ombudsman.
         Sec. 482.002.  ESTABLISHMENT; PURPOSE.  The office of the
  governor shall establish an agriculture and rural ombudsman office
  within the Texas Economic Development and Tourism Office for the
  purpose of assisting agriculture businesses and businesses located
  in rural areas.
         Sec. 482.003.  QUALIFICATION; APPOINTMENT.  (a) The
  ombudsman must have expertise in local, state, or federal
  regulations applicable to agriculture businesses and businesses
  located in rural areas.
         (b)  The executive director shall select the ombudsman.
         Sec. 482.004.  ASSISTANTS.  (a)  The ombudsman with the
  approval of the executive director may employ assistants to, under
  the direction of the ombudsman, perform the same duties and
  exercise the same powers as the ombudsman.
         (b)  The ombudsman with the approval of the executive
  director 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 and businesses located
  in rural areas.
         Sec. 482.005.  RULES.  The executive director shall adopt
  rules proposed by the ombudsman to implement this chapter.
         Sec. 482.006.  PROMOTION OF AWARENESS OF OFFICE.  The
  ombudsman shall promote public awareness of:
               (1)  how the office may be contacted;
               (2)  the purpose of the office; and
               (3)  the services the office provides.
         Sec. 482.007.  DUTIES AND POWERS OF OFFICE.  The office
  shall:
               (1)  respond to questions about local, state, and
  federal regulations that apply to agriculture businesses and
  businesses located in rural areas;
               (2)  provide contact information for local, state, and
  federal officials that may assist agriculture businesses and
  businesses located in rural areas in complying with regulations;
               (3)  provide assurance to local and state regulatory
  agencies that agriculture businesses and businesses located in
  rural areas that are receiving assistance from the ombudsman are
  meeting applicable legal and regulatory requirements; and
               (4)  ensure that agriculture businesses and businesses
  located in rural areas are treated fairly and expeditiously in
  regulatory application and review processes.
         Sec. 482.008.  ACCESS TO INFORMATION.  (a) A governmental
  entity shall provide the office access to the governmental entity's
  records that relate to a complaint or inquiry the office is
  reviewing or investigating.
         (b)  The ombudsman may use the information obtained under
  this section for the purposes of assisting agriculture businesses
  and businesses located in rural areas, evaluating governmental
  entities' application of laws affecting agriculture businesses and
  businesses located in rural areas, and making recommendations for
  legislation.
         Sec. 482.009.  CONFIDENTIALITY OF RECORDS.  The office shall
  maintain the confidentiality of personal information obtained
  under Section 482.008 and other information obtained under that
  section that is confidential under Chapter 552.
         Sec. 482.010.  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 and businesses located in rural areas.
         SECTION 2.  Not later than January 1, 2020, the office of the
  governor shall establish the agriculture and rural ombudsman office
  under Chapter 482, Government Code, as added by this Act, and the
  executive director of the Texas Economic Development and Tourism
  Office shall select the agriculture and rural 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, 2019.