85R1028 BEF-D
	By: Larson	H.B. No. 3646

	A BILL TO BE ENTITLED
	AN ACT
	relating to the appointment of the commissioner of agriculture.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 11.004, Agriculture Code, is amended to
	read as follows:
	Sec. 11.004.  APPOINTMENT [ELECTION] AND TERM OF
	COMMISSIONER.  (a)  The governor shall appoint the commissioner
	with the advice and consent of the senate [is elected for a term of
	four years].
	(b)  The commissioner's term of office runs concurrently
	with the governor's.
	(c)  The governor shall appoint another person as
	commissioner, with the advice and consent of the senate, to fill a
	vacancy in the office of commissioner.
	(d)  The governor shall appoint the commissioner without
	regard to the race, color, disability, sex, religion, age, or
	national origin of the appointee.
	SECTION 2.  Section 11.005(a), Agriculture Code, is amended
	to read as follows:
	(a)  To be eligible for appointment [election] as
	commissioner [or appointment to fill a vacancy in the office of
	commissioner], a person must satisfy the requirements for holding
	elective office under Section 141.001, Election Code, and 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 Farm Service
	Agency [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 Agriculture
	[Agricultural] Council, an organization that is a member of the
	Texas Agriculture [Agricultural] Council, or another agricultural
	producer association.
	SECTION 3.  Section 58.025, Agriculture Code, is amended to
	read as follows:
	Sec. 58.025.  PUBLIC HEARINGS. The administrator, the
	commissioner, or an individual designated by the commissioner may
	conduct public hearings relating to issuance of the authority's
	bonds or the implementation of financial assistance, and the
	governor [commissioner] may act as the applicable elected
	representative for purposes of approving any bonds or financial
	assistance required to be approved, including any approval required
	under Section 147(f), [of the] Internal Revenue Code of 1986.
	SECTION 4.  Section 52.092(c), Election Code, is amended to
	read as follows:
	(c)  Statewide offices of the state government shall be
	listed in the following order:
	(1)  governor;
	(2)  lieutenant governor;
	(3)  attorney general;
	(4)  comptroller of public accounts;
	(5)  commissioner of the General Land Office;
	(6)  [commissioner of agriculture;
	[(7)]  railroad commissioner;
	(7) [(8)]  chief justice, supreme court;
	(8) [(9)]  justice, supreme court;
	(9) [(10)]  presiding judge, court of criminal
	appeals;
	(10) [(11)]  judge, court of criminal appeals.
	SECTION 5.  (a)  The term of office of the commissioner of
	agriculture expires on the effective date of this Act.
	(b)  As soon as practicable on or after the effective date of
	this Act, the governor shall appoint a person to the office of
	commissioner of agriculture in the manner provided by Section
	11.004, Agriculture Code, as amended by this Act.
	SECTION 6.  This Act takes effect September 1, 2017.