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The Texas House Committee on Agriculture and Livestock met on June 1 to hear invited and public testimony on the following interim charges:

  1. Monitor the agencies and programs under the Committee’s jurisdiction and oversee the implementation of relevant legislation passed by the 87th Legislature. Conduct active oversight of all associated rulemaking and other governmental actions taken to ensure the intended legislative outcome of all legislation, including the following:
  • HB 2089, relating to the detection and mitigation of plant pests and diseases;
  • SB 1, Rider 27 (Department of Agriculture), which relates to determining methods to increase the number of grocery stores in food deserts; and
  • SB 1, Rider 28 (Department of Agriculture), which relates to the Experimental Use Program for feral hog abatement.
  • Overview of the Herd Certification Program, a summary of the USDA report findings.
  1. Study the access of the state’s agricultural industry to available capital through loans, grants, or other sources. Make recommendations to ensure the agricultural industry has sufficient access to available capital, as well as how the Texas Department of Agriculture can educate farmers, agricultural producers, and others about available sources of capital.
  2. Study the impact on agricultural operations of governmental and regulatory requirements and practices including those that prevent or prohibit an activity that is a normally accepted agricultural practice, and make recommendations to facilitate and encourage agricultural production in the state.

 

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Opening Comments

  • Chair Burns – Approved process for electronic posting of public comments on today’s agenda, comments posted on TLIS, TLO, and house website

 

Dan Hunter, Texas Department of Agriculture

  • Testifying on efforts to monitor agencies/programs under SB 1 Rider 27, SB 1 Rider 28, HB 2089
  • Last session several items passed to improve function of the department
  • Operation at TDA continues to operate at high levels, COVID funding allowed additional grant opportunities, increased outreach, boosts international trade
  • Texas only state that increased exports in agriculture products during COVID, one of two the year before
  • Food and nutrition program operates 12 federal feeding programs at same time
  • Prepared to return to pre pandemic operation
  • Fed 5 million kids at school then fed 5 million at home during pandemic
  • Rider 27, hugely important, legislature passed provision requiring TDA food desert study, study moving on schedule
  • Partnered with state university (UT Rio Grande Valley) to help with study
  • Should help communities with restricted access to grocery stores and accessible food
  • HB 2089, bill established research grant for mitigation of plant diseases and internal threat identification program
  • Invasive plant/pet diseases are one of biggest threats to agriculture industry
  • Texas Agricultural Finance Authority (TAFA), utilized program but want to move forward and expand/make it better
  • Defers to Bon Weir to speak on funding activities

 

Bon Wier, TDA Employee

  • Long history in finance, very excited about TAFA program
  • TAFA has over $1B in bond issuance authority, half revenue bonds, half constitutionally authorized debt*
  • Chair Burns – Can you give us details on the two bond funded loan structures?
    • One is rural community loan program, gives leverage to small communities without access to bond markets
    • Issuance costs for bonds are high, becomes a challenge for rural communities
    • Wants to make these lower, in turn making it easier for small community bonds
    • Both programs want to improve environment for agricultural businesses in Texas
    • Community banks are best to fund capital needs of rural communities but they often can’t scale up to larger projects
    • Agricultural Community Economic Development Program (ACED), extension of Ag loan guarantee program
    • Would allow TAFA to participate in loans, banks can leverage up capital base with no risk
  • Anderson – Are these loans annual or short term?
    • There is no requirement, we would limit the duration to the useful life of the assets backing the loan
    • Max of 30 years on a loan to a community
  • Anderson – Will those loans extend to a community wanting to extend broadband access (middle mile, last mile projects)?
    • Any one of these programs could be brought to a community
    • ACED program would be ideal for that
  • Chair Burns – Do you think individual loan programs have helped increase participation in these programs?
    • Link deposit program is an interest rate reduction program, TAFA would authorize funds being placed in a bank but agree to earn a lower than market yield on the funds
    • Reduces interest rate on an agricultural business loan, put funds on deposit to offset interest cost on loan
    • Underutilized program only because of low interest rate environment
    • Ag loan guarantee there’s periods of high and low demand
    • Tremendous interest in program coming out of Texas Bankers Conference

 

Dan Hunter, Texas Department of Agriculture

  • Retakes the stand following Dr. Wier’s testimony
  • Anderson – When will results come back on food desert study?
    • By the end of the year, definitely before next session
  • Anderson – Do you have data or a study on the right to farm?
    • We don’t, we work with national and wider regional organizations
  • Cole – You said something in the beginning about 5 million kids who you were able to service in classrooms?
    • Yes, we administer all federal nutrition programs except food stamps and (something else)
    • We’re responsible for making sure meals are provided and meet requirements (federal and state)
    • Main comment there was that we pivoted to feeding them at home overnight
    • We still feed kids at home during summer
  • Cole – Are you still taking meals to homes?
    • Yes

 

Dr. Katherine Byers, Government Relations Officer at the Houston Food Bank

  • Provide access to 150 million nutritious meals over 18 counties
  • Mission is food for better lives
  • Wants to strengthen one funding opportunity for farmers and one that nourishes communities you serve
  • Surplus agricultural products grant
  • Since 2001 grant has helped food banks provide good healthy produce
  • Costs of produce and transport increased, Houston food bank prices went up from 13 cents per lb. to 18 cents per lb., which is big
  • This session Houston food bank is asking for increase of $10M bringing total funding to $20M

 

Ryan Skrobarczyk, Texas Nursery and Landscape Organization

  • Speaking on HB 2089
  • Association represents over 1,400 member companies in Texas green industry
  • Effort against plant and pet disease is important and more relevant now following winter storm Yuri
  • Data from 180 businesses in industry shows $124M in losses after storm
  • Spurred mass importation of plant material to replace lost inventory and meet demand for products
  • In event of infestation, grower and retailer are subject to regulatory stop sale of material
  • HB 2089 provided funding for 2 projects on diseases of concern: FOV 4 for cotton, surveillance of citrus canker W strain
  • Helps to show practices that could prevent these infestations
  • Plant quality issues on horizon for Texas: Citrus canker W & A strain plague parts of state
  • Nursery growers created citrus structures to mitigate canker but problem persists
  • Other quality issue: Emerald Ash Borer pest, kills all varieties of ash trees
  • Only known way to fix would damage trees and cost too much
  • Cole – What was the impact of storm Yuri on canker disease?
    • Canker is in citrus varieties
    • We hoped the freeze would have killed the trees that host Canker
    • Older growth that returns still has inoculum that creates canker
    • Study underway to see how to solve this
    • Harder to kill due to not being an insect
  • Chair Burns – What about Crapemyrtle Scale?
    • Huge problem in ornamental industry
    • A lot of research underway on species, hoping for new ways to combat it
    • This program being upheld can help to find one

 

John Tomecek, Associate Professor and Extension Wildlife Specialist with Texas A&M Wildlife Extension Service

  • Testifying on SB 1, Rider 28
  • Charge given in last session was to oversee experimental use of kaput feral hog bait (toxin used is warfarin)
  • Worked with TDA and private land owners to experiment and see if it was efficient in removing hogs from land
  • Since bill came into effect in September we worked with manufacturer and TDA to construct experimental use program
  • Recruited landowners willing to have product used on their land
  • Used trail cameras to observe effectiveness
  • Product had been tried in Georgia and failed but had been tried in Australia successfully
  • Project began in January, on 7 properties in 6 counties
  • Each site was different in terms of environment/agriculture (coastal prairies to pine woods to plains)
  • 3 week pre-baiting period building up from all corn to all placebo
  • In each place product could be applied and animals would use the product
  • One problem, animals would eat product but only when feeder door was opened not if it was closed
  • Solution was to keep it half open, then once being used they reduced to fully closed at which point animals were opening it and eating
  • Implemented the product and 6 of the 7 properties successfully eradicated their hogs
  • Unsuccessful property was due to employee shooting at hogs at feeder, they did not return to that feeder
  • Another 9 properties are about to begin another round of testing taking place through the summer
  • Anderson – Was there a problem with other scavengers feeding on carcasses?
    • Have not seen non target species going for the bait at feeders
    • No indication that carcasses are being fed on but that happens quickly so can’t be sure
    • Toxin usually leaves carcasses quickly so shouldn’t be a problem regardless
  • Bailes – Will you explain to the committee how the hogs died in the Australian experiment?
    • That product had a much higher concentration of the toxin than the one used in Texas
    • In Australia it is noted that the animals died with bleeding from the orifices
    • Have not seen that external bleeding in the Texas study
    • Product has been tweaked since Australian study; disposal of body not required
  • Anderson – Can you estimate the population of feral hogs in Texas?
    • Very hard to say, an estimate conducted 10 years ago saw between 3 to 5 million
    • Today is around 5 million, likely higher and numbers continue to grow
  • Cyrier – When do you think the average rancher/farmer could start using this?
    • Regulatory question that is outside the scope of my knowledge, should ask TDA
  • Anderson – Have you had any known instances of aviation hog encounters (from a collision perspective)?
    • They are definitely a safety hazard
    • Military and larger private airfields have precautions to seal off wildlife, not all small airfields do
  • Toth – Is Vitamin K (found in green growing plants) an antidote to the warfarin?
    • In high doses yes but unsure if there is enough in environment to act as antidote, probably not
  • Toth – Are these pens/feeders the only way to administer the kaput?
    • Feeding apparatus has a yard and a half by yard and a half base, is a yard and a half tall
    • Metal feeder put out in the field but it isn’t a pen, it’s like a normal Deer or Turkey feeder
    • Pigs have to be trained to use up and down sliding door on feeder to eat, that’s reason for 3 week prebaiting process
  • Toth – Will this ever work? Doesn’t seem like it’s scalable
    • Outside my field to say but no different than concept of using a corral to round pigs up
  • Toth – So this process is the only safe way to do this?
    • Only way we’re allowed under EPA instruction
  • Chair Burns – Are the original 7 properties participating year round?
    • One has declined to participate again, high fence property who’s fences have kept them hogs out so no point in using that property anymore
    • Other properties we’ll work with throughout the year
  • Chair Burns – Is there an issue being able to get all the video information? Would broadband help us with more timely information?
    • Cameras are essential
    • For private applicator cameras are not necessary
    • We just use the cameras for research, get data chip then sift through information, not a problem
    • Broadband could help if we wanted to transfer footage remotely but was outside budget and not necessary

 

Jaylene Looper, American Heart Association

  • Testifying on SB 1, Rider 27
  • Her family dealt with food insecurity, problem is personal to her
  • Important now more than ever, increase since pandemic
  • Double up food books, federal and local funding in some Texas cities, not state funded
  • Program offers snap recipients discounts or matches coupons when spent on healthy foods
  • One dollar on healthy produce means you get another dollar to spend on that
  • Texas doesn’t have best track record with youth eating healthy
  • 5 dollars spent on snap incentives can generate 9 dollars in academic activity, can help economic opportunity
  • Program mostly in urban areas but could benefit many especially in food deserts
  • Consider snap incentives benefits when considering policy for next year
  • Chair Burns – How many snap recipients are there?
    • 3 million snap recipients specifically in rural areas
  • Guillen – With inflation going up have snap benefits changed with it?
    • Not that I’m aware of, we can share that information

 

Addie Stone, Policy Specialist with Texas Department of Agriculture

  • Chair Burns – With inflation has there been any adjustment to the snap program?
    • Not that I’m aware of, TDA doesn’t operate that program
  • Chair Burns – There anything you want to add on the issue?
    • Food deserts and grocery store access has been addressed in session in the past
    • We’ve tried to look at a variety of different solutions
    • Looked at Co-ops, municipal city support to grocery stores, increasing snap access
    • Seeing what works best for specific places

 

Dr. Andy Schwartz, State Veterinarian and Executive Director of the Texas Animal Health Commission

  • Testifying on herd certification program
  • Program deals with progressive wasting disease, affects Deer species
  • TAHC administers voluntary program intended to meet federal standards for herd certification program
  • TAHC applied for approval in the federal program in 2013, had a program prior but in 2013 applied for consistent state status
  • Attained federal permission
  • Most enrollees are whitetail deer breeders, only two Elk breeders
  • 2021 USDA wanted to do review of program, result of 7 herds being diagnosed in 2021
  • Review in October, commission saw report in March, USDA found shortcomings
  • Indicated not in line with federal rules and staffing/training not adequate
  • Recommended we update state regulations, we’ve largely done that
  • Set of updates in October 2021: Required samples to be submitted within 7 days of collection and redefined combing* (said combing something, couldn’t understand)
  • Second set of updates will complete revision, underway now, should be published in state register on June 17th
  • Will bring us to full compliance with federal regulations
  • USDA requiring staff to undergo USDA training, will participate when training program is made
  • Updated understanding between commission and USDA
  • Asked to review 279 herds in the program, remove or downgrade herds not in compliance
  • Response to review, took issue with inaccurate claims in reports
  • Thought a call with USDA would happen, were told only way to explain situation and make appeal is to appeal to deputy administrator of the Animal and Plant Inspection Service (APHIS)
  • Planned to suspend program on June 15th until regaining full compliance, thought this was extreme and not USDA’s normal protocol
  • Appealed for advance of suspension, sent plan to correct problems and USDA agreed to hold suspension in advance until requirements met
  • Wanted suspension held in advance in order to diminish impact on breeding industry
  • Rules being proposed now will require missing deer or deer entering a facility need to be reported immediately instead of 72 years
  • If a deer was ruled lower status postmortem the herd was able to maintain old status, now if this occurs herd status must be lowered
  • Physical reviews of herds now require verification of Deer’s national I.D. and herd I.D. to be in line with national rules
  • Remaining issue, giving breeders credit for antemortem testing that’s done to make up for missed mortality
  • Think it appropriate that if a breeder misses a mortality sampling a substitution of 5 antemortem tests can make up for the 1 missed mortality sample
  • Hoping to finalize decision tree and train field staff to start reviewing herds this week
  • USDA and Texas Department of Parks and Wildlife currently part of review to see if exports of Deer to Mexico is permitted
  • Bailes – What protocols were in place and what would be in place in the future to ensure committees like this are made aware of a suspension or something similar? What are the TVMDL turnarounds? What do we do as a state to ensure that test samples are tested immediately?
    • Should have made this committee aware of what was going on, didn’t say anything because we thought it could be resolved without effect on the industry
    • Felt that our program was sound and we had been told so
    • Truly believed this could be quickly fixed, lesson has been learned
    • Regarding TVMDL commission has no control over their capacity, don’t know turnaround time
    • Very rough estimate is 6-week turnaround
  • Herrero – Back to turnaround time, is there a way we can advocate for impacted individuals who are waiting up to 90 days for results?
    • Bit out of our scope but TVMDL or Texas parks and wildlife may be able to make a priority system

 

John Paul Dineen III, District 4 State Director of the Texas Farm Bureau

  • Addressing interim charge 3
  • Farmed and raised cattle for 30 years in Ellis County
  • Bureau has been made aware of instances where farmland in city boundaries has become overregulated by ordinances prohibiting many agricultural operations
  • Several examples in DFW metroplex
  • G., hay bales must be removed from properties within 24-48 hours to comply with city ordinances
  • G., some properties required to have 250 ft buffer zone around property limiting land used for production
  • Farm bureau believes changes needed to agricultural code to protect right to farm statutory protections
  • Current statute protects agricultural operations annexed after August 1981, confusion over what operations are protected
  • Current law doesn’t require city to prove agricultural practice is a threat to public health
  • Standard in current law needs to be strengthened
  • Texas Farm Bureau believes cities be required to consult expert agriculture information on general practices that aren’t a threat to public health
  • Would help cities be more informed on what is actually a threat to health
  • Chair Burns – Is it correct that these ordinances are made in name of public safety?
    • Correct, they mainly cite rodent problems

 

Jim Bradbury, Self

  • Addressing charge 3
  • Private practicing lawyer focusing on agricultural law, represents producers across state urban and rural
  • We’re at a tipping point right now
  • At a time where food security is critical, we need to produce 40% more food than we’re producing today and the land used to do that is being lost
  • A&M land trends report, 1997-2017 we’ve lost 2.2 million acres of land, 1.2 million of that in last 5 years
  • Several dynamics in state, 1,600 new residents a day, cities taking up rural agriculture lands, and community agriculture is rising, that needs to be protected
  • Thoughts on statute itself, it’s a broad statement of policy, need to support agriculture and ensure we don’t lose these working lands
  • Most pressing issue for committee to see is what’s happening in urban areas
  • Portion of statute regarding urban areas needs work, health and safety is the broad catch all that makes it easy for city councils to shutdown farms
  • Can wrap almost any issue into health and safety
  • Only due process a farmer has is to go to the city council and disagree, we need a true due process
  • City needs to act with less restrictive means to preserve health and safety as well as agricultural developments
  • Chair Burns – Was North Carolina facing similar problems to us?
    • Georgia and Florida are more like us
    • North Carolina has a lot of hog farms which were targeted by class action lawyers
    • Class action lawsuits in form of nuisance actions filed against producers, dozens of actions filed some verdicts in the tens of millions of dollars against producers
    • Legislators acted due to importance of hog farms to economy

 

James Lockridge, Farmer/Rancher in North Texas

  • Addressing charge 3
  • Runs 20,000 acres across the state
  • Harassed by cities, Farmers branch mowed every crop he had, farming not allowed in city limits
  • Had 3 cities mow down his crops yesterday citing it being a nuisance and endangerment to humans
  • Every city in DFW has a nuisance law
  • Gets billed when they mow and confiscate products
  • Asking for help today, what laws can be made and how can I help?
  • Guillen – Were all these properties in city limits or within ETJ’s?
    • Forney is in ETJ on part but the parcel mowed yesterday is in city limits
    • Borders a house, one man complained until city followed through on mowing
  • Guillen – Can these ordinances extend into the ETJ?
    • In some cases, yes
    • Depends on several factors
  • Last year paid over $12,000 in fines for crops that the cities mowed
  • Not just one city, pandemic across Texas that needs to be addressed immediately

 

Dr. Marcus Hutka, Equine Veterinarian

  • Addressing charge 3
  • Speaking on ways regulations have impacted his practice
  • Practice in Waller County, services many more
  • Built new clinic recently and was met with these problems
  • Several zoning and local ordinances that incurred additional costs, about 8% of total building project
  • Able to absorb costs by cutting parts of the project
  • Registered as a commercial building, felt that he should’ve been listed as and agricultural property
  • Since they are commercial, more taxes on hay and agricultural land used for the clinic
  • Would be great if large animal veterinarian clinics were treated as an agricultural endeavor
  • Support the industry for a living, only working on cattle and horses
  • Chair Burns – Were there any problems with you housing large animals overnight or for several days?
    • I haven’t had any personally but I do know colleagues who have had problems with that