CHAPTER 11. ADMINISTRATION

AGRICULTURE CODE

TITLE 2. DEPARTMENT OF AGRICULTURE

CHAPTER 11. ADMINISTRATION

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 11.002. HEADQUARTERS. The department headquarters are in

Austin.

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

1981.

Sec. 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, 2021.

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

1981. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 183, eff.

Sept. 1, 1985; Acts 1985, 69th Leg., ch. 729, Sec. 8, eff. Sept.

1, 1985; Acts 1989, 71st Leg., ch. 230, Sec. 1, eff. Sept. 1,

1989; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.01, eff.

Nov. 12, 1991; Acts 1995, 74th Leg., ch. 419, Sec. 9.01, eff.

Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1227, Sec. 3.01, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

928, Sec. 2.01, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 8.01, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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;

(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; or

(4) have worked, for at least five years at any time before the

calendar year in which the person is elected or appointed to the

person's initial term, for the Texas Agricultural Council, an

organization that is a member of the Texas Agricultural Council,

or another agricultural producer association.

(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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 2, eff.

Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 9.01, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2003, 78th Leg., ch. 285, Sec. 1, eff.

Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 1.01, eff.

Sept. 1, 1995.