CHAPTER 2. STATE AGRICULTURAL POLICY
AGRICULTURE CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 2. STATE AGRICULTURAL POLICY
Sec. 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, Sec. 2, eff. May 29,
1999.
Sec. 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, Sec. 2, eff. May 29,
1999.
Sec. 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, Sec. 2, eff. May 29,
1999. Amended by Acts 2001, 77th Leg., ch. 3, Sec. 1, eff. Sept.
1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 2.001, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1328, Sec. 1, eff.
June 21, 2003.
Sec. 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, Sec. 1, eff. May 15, 2003.
Sec. 2.006. POLICY: PROTECTION OF STATE FROM CERTAIN PESTS AND
DISEASES. (a) The agricultural policy of this state must
recognize that it is of paramount importance to protect this
state and the agriculture industry in this state against the
intentional or unintentional introduction or dissemination of
damaging plant and animal pests and diseases.
(b) The department, with the assistance of the Texas Animal
Health Commission, shall pursue a policy of ensuring that the
borders of this state are secure from shipments of potentially
dangerous plant and animal pests and diseases.
Added by Acts 2005, 79th Leg., Ch.
1337, Sec. 1, eff. June 18, 2005.