AGRICULTURE CODE

TITLE 2. DEPARTMENT OF AGRICULTURE

CHAPTER 11. ADMINISTRATION


	§ 11.001.  DEPARTMENT;  COMMISSIONER.  The Department of 
Agriculture is under the direction of the commissioner of 
agriculture, who is responsible for exercising the powers and 
performing the duties assigned to the department by this code or 
other law.

Acts 1981, 67th Leg., p. 1016, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 11.002.  HEADQUARTERS.  The department headquarters 
are in Austin.      

Acts 1981, 67th Leg., p. 1016, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 11.003.  SUNSET PROVISION.  The Department of 
Agriculture is subject to Chapter 325, Government Code (Texas 
Sunset Act).  Unless continued in existence as provided by that 
chapter, the department is abolished September 1, 2007.

Acts 1981, 67th Leg., p. 1016, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1985, 69th Leg., ch. 479, § 183, eff. Sept. 1, 
1985;  Acts 1985, 69th Leg., ch. 729, § 8, eff. Sept. 1, 1985;  
Acts 1989, 71st Leg., ch. 230, § 1, eff. Sept. 1, 1989;  Acts 
1991, 72nd Leg., 1st C.S., ch. 17, § 2.01, eff. Nov. 12, 1991;  
Acts 1995, 74th Leg., ch. 419, § 9.01, eff. Sept. 1, 1995.


	§ 11.004.  ELECTION AND TERM OF COMMISSIONER.  The 
commissioner is elected for a term of four years.

Acts 1981, 67th Leg., p. 1016, ch. 388, § 1, eff. Sept. 1, 1981.           


	§ 11.005.  QUALIFICATIONS.  (a)  To be eligible for 
election as commissioner or appointment to fill a vacancy in the 
office of commissioner, a person must:
		(1)  have been engaged, for at least five of the 10 
years preceding the year in which the person is elected or appointed 
to the person's initial term, in the business of agriculture;
		(2)  have worked, for the five-year period preceding 
the calendar year in which the person is elected or appointed to the 
person's initial term, for a state or federal agency in a position 
directly related to agriculture;  or
		(3)  have owned or operated, for at least five of the 10 
years preceding the year in which the person is elected or appointed 
to the person's initial term, farm, ranch, or timber land that 
qualifies for agricultural use appraisal under Subchapter C, 
Chapter 23, Tax Code, and be participating, in the calendar year in 
which the person is elected or appointed to the person's initial 
term, in a farm program administered by the federal Agricultural 
Stabilization and Conservation Service.
	(b)  For purposes of this section, a person is engaged in the 
business of agriculture if the person is engaged, for the purpose of 
wholesale or retail sale, in:
		(1)  the production of crops for human or animal 
consumption, or planting seed;
		(2)  floriculture, viticulture, horticulture, or 
aquaculture;               
		(3)  the raising or keeping of livestock;  or                                 
		(4)  the processing of any of the products listed in 
Subdivisions (1) through (3) of this subsection.

Acts 1981, 67th Leg., p. 1016, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1989, 71st Leg., ch. 230, § 2, eff. Sept. 1, 
1989.


	§ 11.007.  DEPUTY COMMISSIONER.  (a)  The commissioner 
shall appoint a deputy commissioner.  In order to serve as deputy 
commissioner, a person must have practical knowledge of 
agriculture, horticulture, manufacturing, and related industries 
and of the proper method of marketing the products of those 
industries.
	(b)  The deputy commissioner shall take the oath of office 
required of the commissioner.
	(c)  The deputy commissioner shall perform duties assigned 
by the commissioner.  In addition, the deputy commissioner shall 
perform the duties assigned by law to the commissioner during a 
necessary and unavoidable absence of the commissioner or during the 
commissioner's inability to act.
	(d)  The deputy commissioner serves at the will of the 
commissioner.         
	(e)  The state shall pay the expenses incurred by the deputy 
commissioner while traveling on the business of the office under 
the direction of the commissioner.

Acts 1981, 67th Leg., p. 1016, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 2003, 78th Leg., ch. 285, § 1, eff. Sept. 1, 
2003.


	§ 11.008.  FUNDS OF THE DEPARTMENT.  Except as otherwise 
provided by law, all money paid to the department is subject to 
Subchapter F, Chapter 404, Government Code.

Acts 1981, 67th Leg., p. 1017, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1995, 74th Leg., ch. 419, § 1.01, eff. Sept. 1, 
1995.