Bill Text: TX SB786 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to establishing an agriculture ombudsman office in the Department of Agriculture.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-03-02 - Referred to Agriculture, Water, & Rural Affairs [SB786 Detail]
Download: Texas-2015-SB786-Introduced.html
| 84R8592 BEF-D | ||
| By: Zaffirini | S.B. No. 786 | |
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| 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. | ||
