HBA-RJB S.B. 331 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 331 By: Haywood Agriculture & Livestock 3/15/2001 Engrossed BACKGROUND AND PURPOSE The impact of agriculture in Texas is declining because of urbanization, economic changes, and changes in agriculture. The effects of those changes are not limited to rural areas and the agricultural community, but affect citizens throughout the state. Agriculture is a vital component of a diversified state economy that generates $80 billion each year and creates numerous business and job opportunities. The 76th Legislature reestablished agriculture as a focal point of Texas policymakers. Despite repeated drought and record low commodity prices, lawmakers set forth an ambitious agenda to ensure that the state's second largest industry would remain intact and viable for future generations. With the adoption of House Bill 2 by the 76th Legislature, the first statewide agricultural policy in Texas became known as the Agriculture and Rural Development Act of 1999. The Act established findings and set broad policy issues to be addressed and required the legislature to conduct a comprehensive study of the condition of agriculture, the state's current programs in support of agriculture, and the role of the state in preserving the agriculture industry. On March 6, 2000, Lieutenant Governor Rick Perry and Speaker of the House James E. "Pete" Laney established the Joint Agriculture Policy Committee and charged them with task of developing a sound agricultural policy for Texas and the 21st Century. The Joint Agriculture Policy Committee has provided recommendations to expand on the agriculture policy of Texas in sixteen specific areas in order to achieve maximum results from the implementation of the Agriculture and Rural Development Act of 1999. Senate Bill 331 incorporates the recommendations of the Joint Agricultural Policy Committee into the Agriculture Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 331 amends the Agriculture Code to incorporate the policy statements recommended by the Joint Agricultural Policy Committee into the agriculture policy of Texas and provide guidelines by which the policy set forth is to be accomplished. The bill provides that the agriculture policy of this state must address: _water availability issues, by ensuring that a high priority is assigned to the agricultural use of water; _transportation issues, by ensuring an efficient and well-maintained farm-to-market road system and intermodal transportation to provide adequate transportation for agricultural products at competitive rates; _state regulatory issues, by preventing the state from imposing laws or regulations that would be inconsistent with the efficiency and profitability of agricultural enterprises or have an adverse effect on the health, safety, or welfare of citizens of this state; _state tax policy, by encouraging tax policy that promotes the agriculture industry, including production and processing; _the availability of capital, by facilitating access to capital through loans and grants authorized by the Texas Constitution for agricultural producers who have established or intend to establish agricultural operations in Texas; _the promotion of Texas agricultural products, by promoting the orderly and efficient marketing of agricultural commodities and enhancing and expanding sales of Texas' raw and processed agricultural products in local, domestic, and foreign markets; _eradication, control, or exclusion of noxious plant and brush species and injurious pests and diseases that affect crops and livestock; _research and education efforts, by encouraging promotional and educational programs involving all segments of agriculture and maintaining a solid foundation of stable and longterm support for food and agricultural research while improving accountability and gathering public input concerning research; _promotion of efficient utilization of soil and water resources, by encouraging efforts to sustain the long-term productivity of landowners by conserving and protecting the basic resources of agriculture, including soil, water, and air, while working within federal mandates relating to natural resources; _rural economic and infrastructure development, by enhancing, protecting, and encouraging the production of food and other agricultural products; _protection of property rights and the right to farm, by promoting and protecting agricultural activities that are established before nonagricultural activities located near the agricultural activities and are reasonable and consistent with good agricultural practices; _preservation of farmland, ranchland, timberland, and other land devoted to agricultural purposes, by encouraging the development and improvement of the land for the production of food and other agricultural products consistent with the philosophy of a private property rights state; _food safety, by continuing to support production of the safest food in the world with regulations based on sound scientific evidence; _efforts to participate in the formulation of federal programs and policies, by actively addressing the development of federal policy that affects this state; _promotion of rural fire service, by seeking opportunities to improve the sustainability and effectiveness of rural fire service for the protection of the general public and natural resources; and _promotion of value-added agricultural enterprises, by promoting efforts to increase the value of Texas' agricultural products through processing, management practices, or other procedures that add consumer benefits to agricultural goods. The bill also provides that agricultural activities are presumed to be reasonable and not a nuisance, unless the activity has a substantial adverse effect on public health and safety and a good agricultural practice not adversely affecting public health and safety if the activity is undertaken in conformity with federal, state, and local laws and regulations. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September1, 2001.