State Agricultural Policy (Agriculture Code: Title 1, Chapter 2)

AGRICULTURE CODE TITLE 1. GENERAL PROVISIONS CHAPTER 2. STATE AGRICULTURAL POLICY Sec.A2.001.AADEFINITIONS. In this chapter, "agriculture" means: (1)AAthe cultivation of the soil to produce crops; (2)AAhorticulture, floriculture, or viticulture; (3)AAforestry; or (4)AAthe raising or keeping of livestock or poultry. Added by Acts 1999, 76th Leg., ch. 301, Sec. 2, eff. May 29, 1999. Sec.A2.002.AAFINDINGS. The legislature finds that: (1)AAagriculture has been a critical element in the economic, cultural, and historical development of this state; (2)AAthe impact of agriculture in this state is declining, due to urbanization, economic changes, and changes in agriculture; (3)AAthe 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)AAagriculture is a vital component of a diversified state economy and creates numerous businesses and job opportunities; (5)AAagriculture is directly and substantially affected by factors beyond the control of the industry, including adverse weather conditions and changes in world commodity markets; (6)AAagriculture renews the natural resources of this state through the annual production of crops and livestock; and (7)AAto 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.A2.003.AAPOLICY. (a) The agricultural policy of this state must consider and address: 1 (1)AAwater 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)AAtransportation 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)AAstate 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)AAstate tax policy, by encouraging tax policy that promotes the agriculture industry, including production and processing; (5)AAthe 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)AAthe 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)AAeradication, control, or exclusion of: (A)AAinjurious pests and diseases that affect crops and livestock; and (B)AAnoxious plant and brush species; (8)AAresearch 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)AApromotion of efficient utilization of soil and 2 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=CN&Value=3.52-a 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)AArural economic and infrastructure development, by enhancing, protecting, and encouraging the production of food and other agricultural products; (11)AAprotection 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)AApreservation 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)AAfood safety, by continuing to support production of the safest food in the world with regulations based on sound scientific evidence; (14)AAefforts to participate in the formulation of federal programs and policies, by actively addressing the development of federal policy that affects this state; (15)AApromotion 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)AApromotion 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)AAFor the purposes of Subsection (a)(11), an agricultural activity is presumed to be: (1)AAreasonable and not a nuisance; and (2)AAa 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. 3 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 (S.B. 1969), Sec. 2.001, eff. September 1, 2009. Sec.A2.005.AAPOLICY: BISON. The agricultural policy of this state must recognize that bison: (1)AAare wild animals indigenous to this state; (2)AAare distinct from cattle, livestock, exotic livestock, and game animals; and (3)AAmay be raised and used for: (A)AAcommercial purposes; or (B)AAthe purpose of preserving the bison species. Added by Acts 2003, 78th Leg., ch. 41, Sec. 1, eff. May 15, 2003. Sec. 2.006.AAPOLICY:AAPROTECTION 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)AAThe 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 (S.B. 9), Sec. 1, eff. June 18, 2005. 4 http://www.legis.state.tx.us/tlodocs/81R/billtext/html/SB01969F.HTM http://www.legis.state.tx.us/tlodocs/79R/billtext/html/SB00009F.HTM