HBA-JRA S.B. 705 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 705
By: Ogden
Agriculture & Livestock
4/27/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, no statewide agricultural policy is in place in Texas to provide
long-term solutions and immediate relief for recent agricultural losses due
in part to natural disasters.  This bill provides aid, support, and
assistance to agriculture, including the promotion of agriculture and the
establishment of the agricultural technology program.  S.B. 705 provides
aid, support, and assistance to agriculture, including the promotion of
agriculture and the establishment of the agricultural technology program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of agriculture in
SECTION 4 (Section 46.002, Agriculture Code) and to the Department of
Agriculture in SECTION 6 (Section 254.002, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Provides that this Act may be cited as the Farm and Ranch
Recovery Act.  Sets forth the legislative findings regarding the current
state of agriculture in the State of Texas.  Sets forth the purposes of
this Act. 

SECTION 2.  Amends Title 3, Agriculture Code, by adding Chapter 48, as
follows: 

CHAPTER 48.  INTERIM COMMITTEE ON STATEWIDE
AGRICULTURAL POLICY

Sec.  48.001.  ORGANIZATION.  Establishes an interim committee on statewide
agricultural policy  (interim committee) and sets forth the composition of
the committee.  Requires the lieutenant governor and the speaker to each
appoint a presiding officer from among the appointed members of the interim
committee.  Requires the interim committee to convene at the call of the
two presiding officers. 

Sec.  48.002. POWERS AND DUTIES.  Requires the interim committee to
investigate and study issues involving regulatory reform, market expansion,
risk management, and crop insurance reform and to create a comprehensive
state agricultural policy.   

Sec.  48.003. REPORT.  Requires the interim committee to develop a report,
including a cost-benefit analysis of regulatory reform affecting
agriculture, that analyzes the issues described in Section 48.002, and that
includes recommended rule or statutory changes. Requires the interim
committee to make a final report to the lieutenant governor, the speaker of
the house of representatives, and the 77th Legislature by November 1, 2000.

Sec.  48.004. ADMINISTRATION.  Grants the interim committee the authority
to perform its duties and to call and hold hearings in connection with
those hearings.  Authorizes the interim committee to request the assistance
of state agencies, departments, or offices to carry out its duties.
Requires the Senate Committee on Natural Resources and the House Committee
on Agriculture and Livestock to provide staff to the interim committee. 

Sec.  48.005. EXPENSES.  Requires the interim committee to submit a
proposed budget  to the appropriate committee on administration in each
house of the legislature.  Requires the administration committees to
jointly approve the interim committee budget in an appropriate amount for
the interim committee to accomplish its duties. 

Sec.  48.006.  EXPIRATION.  Provides that this chapter expires and the
interim committee is abolished on the date the legislature convenes in
regular session in 2001. 

SECTION 3. Amends Title 4, Agriculture Code, by adding Chapter 60, as
follows: 

CHAPTER 60.  CRISIS MANAGEMENT COUNCIL AND MANAGER

Sec.  60.001. DEFINITIONS.  Defines "agricultural crisis," "council," and
"manager" in this chapter. 

Sec.  60.002. MANAGER; DUTIES.  Requires the commissioner of agriculture
(commissioner) to designate an employee of the Texas Department of
Agriculture (department) to serve as an agricultural crisis manager
(manager).  Sets forth the functions and duties of the manager. 

Sec.  60.003. COUNCIL COMPOSITION; DUTIES.  Sets forth the composition of
the Commodity Crisis Council (council).  Requires the commissioner to
appoint not more than five representatives of agricultural industries to
serve on the council.  Sets forth the duties of the council.  Provides that
the commissioner's appointees serve without compensation, but are entitled
to reimbursement for actual expenses incurred in the performance of
official council duties, subject to approval of the commissioner.  Requires
other council members to be reimbursed for actual expenses by their
representative agencies.  Requires the commissioner to provide the council
with the necessary staff to carry out its duties. 

SECTION 4. Amends Title 3, Agriculture Code, by adding Chapter 46, as
follows: 

CHAPTER 46.  AGRICULTURAL TECHNOLOGY PROGRAM

Sec. 46.001.  DEFINITIONS.  Defines "agricultural crisis," "agri-tech
program," "applied research," and "eligible institution" in this chapter. 

Sec.  46.002.  ADMINISTRATION; GUIDELINES AND PROCEDURES.  Requires the
department to develop, maintain, and administer the agri-tech program.
Requires the department, in awarding funds to support projects under this
chapter, to give priority to certain research projects and consider the
recommendations of the council for specific projects.  Requires the
department to award funds to support projects as needed to address
agricultural crises in this state.  Requires the department to develop and
maintain guidelines and procedures to provide awards under this chapter for
specific projects at eligible institutions on a competitive, peer-review
basis.  Requires the department to determine whether a higher education
institution qualifies as an eligible institution.  Requires a higher
education institution to demonstrate certain capabilities to be designated
as an eligible institution.  Requires the commissioner to give special
consideration to certain projects in the selection process.  Authorizes the
commissioner to adopt rules to accomplish the purposes of this chapter. 

Sec.  46.003.  AGRICULTURAL TECHNOLOGY ACCOUNT.  Establishes that the
agricultural technology account (account) is a general revenue fund
account.  Provides that the account consists of legislative appropriations,
gifts, grants, and other money required by law to be deposited in the
account.  Authorizes the department to solicit and accept gifts in kind and
grants of money from any entity or person for the purposes of this chapter.
Authorizes the funds in the account  to be used only as provided by this
chapter.  Provides that the account is exempt from the application of
Section 403.095, Government Code. Requires income from money in the account
to be credited to the account. 

Sec.  46.004.  USE OF FUNDS IN AGRICULTURAL TECHNOLOGY ACCOUNT.  Requires
the  comptroller to issue warrants to each eligible institution in the
amount certified by the department to the comptroller from funds
appropriated for the agri-tech program. Authorizes funds awarded from the
account to be expended to support the particular research project awarded,
and prohibits the expenditure of account funds for the support of general
research and instruction conducting or sponsoring the project or for the
construction or remodeling of a facility.  Requires account funds to be
used to match grants provided by the federal government or private industry
for specific collaborative research projects at eligible institutions, when
practicable within the purposes of this chapter.  Provides that supplies,
materials, services, and equipment purchased with funds obtained under this
section are not subject to General Services Commission authority. 

Sec.  46.005.  PROGRESS REPORTS.    Requires an institution receiving funds
under this chapter to report on the progress of the funded research to the
department by September 1 of each year. 

Sec.  46.006.  MERIT REVIEW.    Requires the commissioner to appoint a
committee consisting of representatives of the agricultural industry and of
private enterprise advanced technology research organizations to evaluate
the agri-tech program's effectiveness. Requires the committee to report its
findings to the department by September 1 of the second year of each
biennium. 

SECTION 5.  Amends Title 3, Agriculture Code, by adding Chapter 47, as
follows: 

CHAPTER 47.  AGRICULTURE RISK MANAGEMENT EDUCATION

Sec.  47.001.  LEGISLATIVE FINDINGS; PURPOSE.  Sets forth the legislative
findings regarding agricultural risk management.  Provides that the
purposes of this chapter include increasing risk management educational
efforts, establishing a statewide educational program that includes a risk
management support system and a comprehensive educational curriculum, and
fostering economic competitiveness and success in this state. 

Sec.  47.002.  CREATION OF PROGRAMS.  Requires the Texas Agricultural
Extension Service (TAES) to administer a statewide financial and risk
management assistance support system (support system).  Authorizes the
support system to include computer and communications technology to provide
agricultural producers and agribusiness with information needed for
individual long-term strategic farm or ranch planning.  Requires TAES to
develop and implement a statewide comprehensive educational curriculum
program to provide agricultural producers and agribusinesses with
additional information about riskmanagement and potential tools and options
to consider in managing risks.  Authorizes the curriculum to include
instructional materials, instructors, and other resources in certain areas
of interest.  Authorizes TAES to organize and deliver the programs with the
assistance of interested agricultural groups. 

Sec.  47.003.  ELIGIBILITY FOR EDUCATIONAL MATERIALS AND SERVICES. Requires
TAES to require a person pay a subscription fee or other charge in exchange
for educational services and materials as a condition for educational
assistance under this chapter. 

SECTION 6.  Amends Title 8, Agriculture Code, by adding Chapter 254, as
follows: 

CHAPTER 254.  EMERGENCY HAY PROGRAM

Sec.  254.001.  DEFINITIONS.  Defines "manager" in this chapter. 

Sec.  254.002.  EMERGENCY HAY PROGRAM.  Requires the department to adopt
rules and administer a program, to be implemented by executive order of the
governor, to  provide assistance for the transportation of hay for use by
agricultural producers whose production abilities are hindered during
periods of natural disaster or other emergencies due to a lack of forage.
Requires the manager to oversee the program. 
 
Sec.  254.003. EMERGENCY HAY ACCOUNT.  Establishes that the emergency hay
account (account) is an account in the general revenue fund.  Establishes
that the account consists of legislative appropriations and other money
required by law to be deposited in the account.  Authorizes the department
to solicit and accept gifts in kind and grants of money from governmental
agencies, private corporations, or other people to be used for the purposes
of this chapter.  Authorizes money in the account to be used only for the
purposes of this chapter.  Establishes that the account is exempt from the
application of Section 403.095 (Use of Dedicated Revenue), Government Code.
Requires income from money in the account to be credited to the account. 

Sec.  254.004.  DUTIES OF DEPARTMENT.  Sets forth required duties of the
department in order to provide assistance under this chapter.  Requires the
department to coordinate its efforts with other emergency relief programs
administered by the governor's division of emergency management.  Requires
the department to maximize the resources of the TAES and agricultural
commodity associations when designing and implementing its plan. 

Sec.  254.005.  POWERS OF COMMISSIONER.  Authorizes the commissioner to
authorize the use of available funds from the account to facilitate the
transportation of hay to producers when donated resources have been
exhausted.  Authorizes the commissioner to negotiate contracts with
commercial haulers and pre-certify commercial haulers for use during a
natural disaster or other emergency.   

Sec.  254.006.  ELIGIBILITY FOR PROGRAM.  Provides that the assistance
provided under this chapter is available only for agricultural producers
within a county that is declared a federal disaster area. 

Sec.  254.007.  ASSISTANCE FOR DEPARTMENT.  Requires TAES to enter into a
memorandum of understanding with the department to assist the department
with the program.  Sets forth the types of assistance TAES is authorized to
provide.  Requires TAES to develop guidelines for county extension agents
to implement this section.  Authorizes county extension agents to establish
an advisory committee of local producers or work with an existing
committee. 

Sec.  254.008.  TERMINATION OF PROGRAM ASSISTANCE.  Requires the
commissioner to determine monthly the continuing need for assistance to
each county under the program.  Requires the commissioner to suspend
assistance for any county under the program, if the commissioner determines
the county no longer needs assistance or that available state resources
have been expended. 

SECTION 7.  Amends Subchapter F, Chapter 661, Government Code, by adding
Section 661.152, as follows: 

Sec.  661.152.  LEAVE FOR VOLUNTEER FIREFIGHTERS IN CERTAIN DISASTERS.
Provides that this section applies only to a state employee who is trained
as a volunteer firefighter and volunteers for duty to prevent or fight
fires in a federal disaster area designated as such as the result of
drought conditions.  Provides that such a person is eligible for a leave of
absence from work as a state employee without loss of compensation or risk
of termination for the hours during which the employee serves as a
volunteer firefighter. Requires the state agency that employs a person who
requests leave to verify the person's eligibility to take the leave. 

SECTION 8.  Effective date:  September 1, 1999.

SECTION 9. Emergency clause.