AGRICULTURE CODE
CHAPTER 2. STATE AGRICULTURAL POLICY
§ 2.001. DEFINITIONS. In this chapter, "agriculture"
means:
(1) the cultivation of the soil to produce crops;
(2) horticulture, floriculture, or viticulture;
(3) forestry; or
(4) the raising or keeping of livestock or poultry.
Added by Acts 1999, 76th Leg., ch. 301, § 2, eff. May 29, 1999.
§ 2.002. FINDINGS. The legislature finds that:
(1) agriculture has been a critical element in the
economic, cultural, and historical development of this state;
(2) the impact of agriculture in this state is
declining, due to urbanization, economic changes, and changes in
agriculture;
(3) the effects of those changes are not limited to
rural areas and the agricultural community but affect citizens
throughout the state, including those in urban areas;
(4) agriculture is a vital component of a diversified
state economy and creates numerous businesses and job
opportunities;
(5) agriculture is directly and substantially
affected by factors beyond the control of the industry, including
adverse weather conditions and changes in world commodity markets;
(6) agriculture renews the natural resources of this
state through the annual production of crops and livestock; and
(7) to ensure that agriculture remains a vital force
in this state, the state must assess the condition of agriculture
and the role of state government and develop an agricultural policy
to guide governmental actions.
Added by Acts 1999, 76th Leg., ch. 301, § 2, eff. May 29, 1999.
§ 2.003. POLICY. (a) The agricultural policy of this
state must consider and address:
(1) water availability issues, including planning for
water supplies and drought preparedness and response, by ensuring
that a high priority is assigned to the agricultural use of water;
(2) 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;
(3) state regulatory issues, by ensuring the
efficiency and profitability of agricultural enterprises while at
the same time protecting the health, safety, and welfare of
agricultural workers and citizens of this state.
(4) state tax policy, by encouraging tax policy that
promotes the agriculture industry, including production and
processing;
(5) the availability of capital, including state loans
or grants authorized by Section 52-a, Article III, Texas
Constitution, 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;
(6) 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;
(7) eradication, control, or exclusion of:
(A) injurious pests and diseases that affect
crops and livestock; and
(B) noxious plant and brush species;
(8) research and education efforts, including
financial risk management, consumer education, and education in the
public schools, by encouraging promotional and educational
programs involving all segments of agriculture and maintaining a
solid foundation of stable and long-term support for food and
agricultural research while improving accountability and gathering
public input concerning research;
(9) 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;
(10) rural economic and infrastructure development,
by enhancing, protecting, and encouraging the production of food
and other agricultural products;
(11) 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;
(12) 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;
(13) food safety, by continuing to support production
of the safest food in the world with regulations based on sound
scientific evidence;
(14) efforts to participate in the formulation of
federal programs and policies, by actively addressing the
development of federal policy that affects this state;
(15) 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
(16) 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.
(b) For the purposes of Subsection (a)(11), an agricultural
activity is presumed to be:
(1) reasonable and not a nuisance; and
(2) 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.
Added by Acts 1999, 76th Leg., ch. 301, § 2, eff. May 29, 1999.
Amended by Acts 2001, 77th Leg., ch. 3, § 1, eff. Sept. 1, 2001.
§ 2.004. AGRICULTURE POLICY BOARD. (a) The
Agriculture Policy Board, through research and analysis, shall
advocate and recommend strategies for agriculture that enhance
agriculture production, income, and employment, that benefit
consumers, and that promote efficient and sustainable use of
natural resources.
(b) The board is composed of the following voting members:
(1) the commissioner of the Texas Department of
Agriculture;
(2) the chair of the House Agriculture and Livestock
Committee;
(3) three members of the house of representatives to
be appointed by the speaker of the house, preferably with expertise
in agriculture or from predominately rural or agriculturally
oriented districts; and
(4) four members of the senate to be appointed by the
lieutenant governor, preferably with expertise in agriculture or
from predominately rural or agriculturally oriented districts.
(c) The members of the board shall elect from its membership
a chair.
(d) Employees of the House Agriculture and Livestock
Committee and the Senate Natural Resources Committee Subcommittee
on Agriculture shall provide staff services for the board.
(e) The board shall continue the development of agriculture
policy guidelines consistent with Section 2.003 and shall:
(1) review all legislation that will impact
agriculture in this state for compliance with the guidelines;
(2) review all agriculture budget issues for
compliance with the guidelines and establish priorities for
agriculture-related research and agency budgets related to
agriculture;
(3) review all current statutes that affect
agriculture in this state for compliance with the guidelines; and
(4) review all agency rulemaking authority for
compliance with the guidelines.
(f) Service as a member of the board is an additional duty of
the member's public office.
(g) Legislative members of the board serve two-year terms
and membership on the board terminates if the member ceases
membership in the legislature for any reason.
(h) A vacancy in an appointive position on the board is
filled in the same manner as the original appointment.
(i) Members of the board serve without compensation or
reimbursement of expenses. Members shall be reimbursed in
accordance with their public office.
(j) The board shall create a 15-member ad hoc advisory
committee to assist the board in carrying out the official duties of
the board. Members of the advisory committee serve without
compensation or reimbursement of expenses.
(k) The board shall adopt rules necessary for the
proceedings of the board.
Added by Acts 2001, 77th Leg., ch. 62, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1328, § 1, eff. June 21,
2003.
§ 2.005. POLICY: BISON. The agricultural policy of
this state must recognize that bison:
(1) are wild animals indigenous to this state;
(2) are distinct from cattle, livestock, exotic
livestock, and game animals; and
(3) may be raised and used for:
(A) commercial purposes; or
(B) the purpose of preserving the bison species.
Added by Acts 2003, 78th Leg., ch. 41, § 1, eff. May 15, 2003.
