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.