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.