AGRICULTURE CODE
CHAPTER 42. TEXAS FOOD AND FIBERS COMMISSION
§ 42.001. POLICY. The purpose of the Texas Food and
Fibers Commission is to contract with universities engaged in
agricultural research in the state to conduct surveys, research,
and investigations relating to the production and increased use of
cotton, oilseed products, wool, mohair, and other textile products.
Acts 1981, 67th Leg., p. 1090, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989.
§ 42.002. ORGANIZATION. The Texas Food and Fibers
Commission is composed of:
(1) the chancellor of The Texas A&M University System;
(2) the president of The University of Texas at
Austin;
(3) the president of Texas Tech University; and
(4) the president of Texas Woman's University.
Acts 1981, 67th Leg., p. 1091, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1985, 69th Leg., ch. 479, § 184, eff. Sept. 1,
1985; Acts 1985, 69th Leg., ch. 729, § 11, eff. Sept. 1, 1985;
Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., 1st C.S., ch. 17, § 2.03, eff. Nov. 12, 1991; Acts
1995, 74th Leg., ch. 37, § 1, eff. Sept. 1, 1995.
§ 42.003. ADMINISTRATION. (a) Each member of the
commission shall serve a two-year term as chairman, rotating the
service in the order in which the members are listed in Section
42.002. A person may not serve as a member of the commission or act
as the general counsel to the commission if the person is required
to register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of a
profession related to the operation of the commission.
(b) The commission shall meet at least once each year at a
time designated by the chairman.
(c) Each member of the commission shall designate a person
on his or her staff as a liaison officer to work with commission
committees, commission staff, and agencies contracting or
consulting with the commission.
(d) The executive director of the commission shall
coordinate the operations of the committees and staff personnel and
shall oversee the work done for the commission by contracting or
consulting agencies.
(e) The commission shall adopt rules for commission and
committee proceedings, including rules that prescribe the policies
and procedures to be followed in awarding contracts.
Acts 1981, 67th Leg., p. 1091, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 37, § 2, eff. Sept. 1, 1995.
§ 42.004. POWERS AND DUTIES. (a) The commission shall
conduct surveys, research, and investigations relating to the use
of cotton fiber, cottonseed, oilseed products, other products of
the cotton plant, wool, mohair, and other textile products.
(b) Rules adopted by the commission must require the
submission of summaries of research being conducted or previously
conducted at institutions of The Texas A & M University System or at
The University of Texas at Austin, Texas Tech University, or Texas
Woman's University that are similar to proposals submitted to the
commission for research funding. The rules must also require the
submission of reports of marketing activities of the departments of
agriculture and commerce that are related to proposals submitted to
the commission for research funding. To improve coordination and
prevent duplication of research, the commission shall consider the
summaries and reports before awarding a contract for research.
(c) In performing its functions, the commission may
contract with any state educational institution, state agency, or
federal agricultural agency to perform services for the commission
or for the use of the facilities of the agency. The commission may
compensate the contracting agency from money appropriated for the
purposes of this chapter.
(d) The awarding of contracts by the commission is
restricted to contracts for surveys, research, or investigations of
cotton, cottonseed oil or other related oilseed products, wool,
mohair, or other related textile products.
(e) The commission shall give priority in the awarding of
contracts under this chapter to contracts for production research,
but the commission may award a research contract for marketing
processes. The commission may not award a contract for a direct
marketing or other promotional program.
(f) The commission shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the commission and to speak on any issue under the
jurisdiction of the commission.
Acts 1981, 67th Leg., p. 1091, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989.
§ 42.005. NATURAL FIBERS COMMITTEE. (a) The chairman
of the commission, with the approval of the commission, shall
appoint not more than 25 persons to a natural fibers committee.
Persons appointed to the committee must be representative of the
interests of persons in the natural fibers industry.
(b) Members of the committee serve for terms of two years
expiring on the last day of the state fiscal year in odd-numbered
calendar years.
(c) The committee shall elect a chairman annually.
(d) The committee shall meet at least once each year at a
time specified by the committee chairman for the purpose of:
(1) reviewing the research done for the commission in
areas involving natural fibers; and
(2) making annual recommendations to the commission
for implementation of programs and further research.
Acts 1981, 67th Leg., p. 1091, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989.
§ 42.006. FOOD PROTEIN COMMITTEE. (a) The chairman of
the commission, with the approval of the commission, shall appoint
not more than 25 persons to a food protein committee. Persons
appointed to the committee must be representative of the interests
of persons in the food protein industry.
(b) Members of the committee serve for terms of two years
expiring on the last day of the state fiscal year in odd-numbered
calendar years.
(c) The committee shall elect a chairman annually.
(d) The committee shall meet at least once each year at a
time specified by the committee chairman for the purpose of:
(1) reviewing the research done for the commission in
areas involving food protein; and
(2) making annual recommendations to the commission
for implementation of programs and further research.
Acts 1981, 67th Leg., p. 1092, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989.
§ 42.007. EXECUTIVE ADVISORY COMMITTEE. (a) The
executive advisory committee of the commission is composed of:
(1) the chairman of the natural fibers committee;
(2) the chairman of the food protein committee;
(3) five persons selected from the members of either
of the industry advisory committees, appointed by the chairman of
the commission with approval of the commission;
(4) a representative of the Department of Agriculture
appointed by the commissioner of agriculture; and
(5) a representative of the Department of Commerce
appointed by the executive director of that department.
(b) In making appointments to the executive advisory
committee from the industry advisory committees, the chairman of
the commission shall appoint one representative of the wool
industry, one representative of the mohair industry, two
representatives of the cotton industry, and one representative of
the food protein industry.
(c) Members of the executive advisory committee appointed
by the chairman of the commission serve for terms of two years
expiring on the last day of the state fiscal year in odd-numbered
calendar years. A member of the executive advisory committee
appointed as a representative of the Department of Agriculture or
the Department of Commerce serves at the pleasure of the appointing
officer.
(d) The executive advisory committee shall elect a chairman
annually.
(e) The executive advisory committee shall meet
semiannually at times specified by the committee chairman. The
chairman of the commission may call or authorize special meetings
of the executive advisory committee.
(f) At its meetings, the executive advisory committee shall
review the work of the commission and advise the commission on
matters relating to the programs and budgets of the commission.
Acts 1981, 67th Leg., p. 1092, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989.
§ 42.008. FINANCES. (a) The commission may accept,
for the purposes of this chapter, gifts and grants from the United
States and from private sources, subject only to limitations
contained in the gift or grant.
(b) The commission shall prepare annually a complete and
detailed written report accounting for all funds received and
disbursed by the commission during the preceding fiscal year. The
annual report must meet the reporting requirements applicable to
financial reporting provided in the General Appropriations Act.
(c) Funds appropriated for the purposes of this chapter
shall be expended at the direction of the commission on claims
approved by a majority of the commission.
(d) The total amount of appropriations, exclusive of
legislative appropriations of gifts from private sources, expended
or encumbered by the commission for purposes of research during a
fiscal biennium may not exceed the amount of private gifts or grants
to the commission expended or encumbered for research during the
same period.
(e) All money paid to the commission under this chapter is
subject to Subchapter F, Chapter 404, Government Code.
Added by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 37, § 3, eff. Sept. 1, 1995.
§ 42.009. PERSONNEL. (a) The commission may employ an
executive director and necessary employees.
(b) The executive director or the executive director's
designee shall develop an intraagency career ladder program that
addresses opportunities for mobility and advancement for employees
within the commission. The program shall require intraagency
posting of all positions concurrently with any public posting.
(c) The executive director or the executive director's
designee shall develop a system of annual performance evaluations
that are based on documented employee performance. All merit pay
for commission employees must be based on the system established
under this subsection.
(d) The executive director or the executive director's
designee shall provide to members of the commission and to
commission employees, as often as necessary, information regarding
their qualification for office or employment under this chapter and
their responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
(e) The executive director or the executive director's
designee shall prepare and maintain a written policy statement to
assure implementation of a program of equal employment opportunity
under which all personnel transactions are made without regard to
race, color, disability, sex, religion, age, or national origin.
The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with the requirements
in Chapter 21, Labor Code;
(2) a comprehensive analysis of the commission work
force that meets federal and state guidelines;
(3) procedures by which a determination can be made
about the extent of underuse in the commission work force of all
persons for whom federal or state guidelines encourage a more
equitable balance; and
(4) reasonable methods to appropriately address those
areas of underuse.
(f) A policy statement prepared under Subsection (e) must
cover an annual period, be updated annually and reviewed by the
Commission on Human Rights for compliance with Subsection (e)(1),
and be filed with the governor's office.
(g) The governor's office shall deliver a biennial report to
the legislature based on the information received under Subsection
(f). The report may be made separately or as a part of other
biennial reports made to the legislature.
(h) The commission shall develop and implement policies
that clearly separate the policymaking responsibilities of the
commission and the management responsibilities of the executive
director and the staff of the commission.
(i) The commission shall comply with federal and state laws
related to program and facility accessibility.
(j) The executive director shall also prepare and maintain a
written plan that describes how a person who does not speak English
can be provided reasonable access to the commission's programs and
services.
Added by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 37, § 4, eff. Sept. 1, 1995.
§ 42.010. RESTRICTIONS ON EMPLOYMENT. (a) An officer,
employee, or paid consultant of a Texas trade association in the
field of food or fiber marketing or research may not be a member of
the commission or an employee of the commission who is exempt from
the state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group 17, of the position classification salary
schedule.
(b) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of food or
fiber marketing or research may not be a member of the commission
and may not be an employee of the commission who is exempt from the
state's position classification plan or is compensated at or above
the amount prescribed by the General Appropriations Act for step 1,
salary group 17, of the position classification salary schedule.
(c) For the purposes of this section, a Texas trade
association is a nonprofit, cooperative, and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
Added by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 37, § 5, eff. Sept. 1, 1995.
§ 42.011. PUBLIC INTEREST INFORMATION AND
COMPLAINTS. (a) The commission shall prepare information of
public interest describing the functions of the commission and the
procedures by which complaints are filed with and resolved by the
commission. The commission shall make the information available to
the public and appropriate state agencies.
(b) The commission by rule shall establish methods by which
consumers and service recipients are notified of the name, mailing
address, and telephone number of the commission for the purpose of
directing complaints to the commission. The commission may provide
for that notification on each registration form, application, or
written contract for services of an individual or entity regulated
under this chapter.
(c) The commission shall keep a file about each written
complaint filed with the commission that it has authority to
resolve. The commission shall provide to the person filing the
complaint and the persons or entities complained about the
commission's policies and procedures pertaining to complaint
investigation and resolution.
(d) The commission, at least quarterly and until final
disposition of the complaint, shall notify the person filing the
complaint and the persons or entities complained about of the
status of the complaint unless the notice would jeopardize an
undercover investigation.
(e) The commission shall keep information about each
complaint filed with the commission. The information must include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for complaints in which the commission took no
action, an explanation of the reason the complaint was closed
without action.
(f) The commission is subject to the open meetings law,
Chapter 551, Government Code, and the administrative procedure law,
Chapter 2001, Government Code.
Added by Acts 1989, 71st Leg., ch. 38, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 37, § 6, eff. Sept. 1, 1995.
