Bill Text: TX HB3115 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the establishment of an agriculture and rural ombudsman office.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-01 - Left pending in committee [HB3115 Detail]
Download: Texas-2019-HB3115-Introduced.html
| 86R8529 BEF-F | ||
| By: Zwiener | H.B. No. 3115 | |
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| 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 governmental entity | ||
| shall provide the office access to the governmental entity's | ||
| records that relate to a complaint the office is reviewing or | ||
| investigating. | ||
| 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. | ||
