85R8059 BEF-F     By: Zaffirini S.B. No. 656       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of an agriculture and rural ombudsman   office.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle F, Title 4, Government Code, is amended   by adding Chapter 482 to read as follows:   CHAPTER 482. AGRICULTURE AND RURAL OMBUDSMAN OFFICE          Sec. 482.001.  DEFINITIONS. In this chapter:                (1)  "Agriculture business" means a current or aspiring   agriculture producer or agriculture-related business, including:                      (A)  a farmer;                      (B)  a small-scale food producer, processor, or   manufacturer;                      (C)  a farmers market operator; and                      (D)  an institution that purchases agricultural   products directly from agriculture producers.                (2)  "Executive director" means the executive director   of the Texas Economic Development and Tourism Office.                (3)  "Office" means the agriculture and rural ombudsman   office created under this chapter.                (4)  "Ombudsman" means the individual who has been   selected under this chapter as the agriculture and rural ombudsman.          Sec. 482.002.  ESTABLISHMENT; PURPOSE. The office of the   governor shall establish an agriculture and rural ombudsman office   within the Texas Economic Development and Tourism Office for the   purpose of assisting agriculture businesses and businesses located   in rural areas.          Sec. 482.003.  QUALIFICATION; APPOINTMENT. (a) The   ombudsman must have expertise in local, state, or federal   regulations applicable to agriculture businesses and businesses   located in rural areas.          (b)  The executive director shall select the ombudsman.          Sec. 482.004.  ASSISTANTS. (a) The ombudsman with the   approval of the executive director may employ assistants to, under   the direction of the ombudsman, perform the same duties and   exercise the same powers as the ombudsman.          (b)  The ombudsman with the approval of the executive   director may employ persons or contract for specific services as   necessary to carry out this chapter, including legal counsel and   other professional and administrative staff that are necessary to   provide services to agriculture businesses and businesses located   in rural areas.          Sec. 482.005.  RULES. The executive director shall adopt   rules proposed by the ombudsman to implement this chapter.          Sec. 482.006.  PROMOTION OF AWARENESS OF OFFICE. The   ombudsman shall promote public awareness of:                (1)  how the office may be contacted;                (2)  the purpose of the office; and                (3)  the services the office provides.          Sec. 482.007.  DUTIES AND POWERS OF OFFICE. The office   shall:                (1)  respond to questions about local, state, and   federal regulations that apply to agriculture businesses and   businesses located in rural areas;                (2)  provide contact information for local, state, and   federal officials that may assist agriculture businesses and   businesses located in rural areas in complying with regulations;                (3)  provide assurance to local and state regulatory   agencies that agriculture businesses and businesses located in   rural areas that are receiving assistance from the ombudsman are   meeting applicable legal and regulatory requirements; and                 (4)  ensure that agriculture businesses and businesses   located in rural areas are treated fairly and expeditiously in   regulatory application and review processes.          Sec. 482.008.  ACCESS TO INFORMATION. (a) A governmental   entity shall allow the office access to the entity's records   relating to action taken by the entity that affects an agriculture   business or a business located in a rural area.          (b)  The ombudsman may use the information obtained under   this section for the purposes of assisting agriculture businesses   and businesses located in rural areas, evaluating governmental   entities' application of laws affecting agriculture businesses and   businesses located in rural areas, and making recommendations for   legislation.          Sec. 482.009.  CONFIDENTIALITY OF RECORDS. The office shall   maintain the confidentiality of personal information obtained   under Section 482.008 and other information obtained under that   section that is confidential under Chapter 552.          Sec. 482.010.  REPORT. On or before January 1 of each year,   the ombudsman shall submit to the governor, the lieutenant   governor, and each member of the legislature a report that   describes, for the one-year period preceding the report:                (1)  the activities of the ombudsman;                (2)  the types of and number of complaints and   inquiries submitted to the ombudsman;                (3)  any recommendations the ombudsman has relating to   the office; and                (4)  any legislative proposals relating to agriculture   businesses and businesses located in rural areas.          SECTION 2.  Not later than January 1, 2018, the office of the   governor shall establish the agriculture and rural ombudsman office   under Chapter 482, Government Code, as added by this Act, and the   executive director of the Texas Economic Development and Tourism   Office shall select the agriculture and rural ombudsman.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.