Bill Text: TX SB786 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to establishing an agriculture ombudsman office in the Department of Agriculture.
Spectrum: Partisan Bill (Democrat 1-0)
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. |