Texas House Gives Ag A Boost
With One Hand, Boot With Other

AUSTIN — The Texas House has voted to give the state's agricultural producers a boost on the one hand, even while it moves toward repealing a poorly-understood law intended to protect the industry against malicious detractors.

The House last week gave initial approval to a bill requiring school districts to give preference to Texas-grown products for their food supplies. Meanwhile, a House committee voted to repeal the so-called "veggie libel" law.

``One out of every five jobs in Texas is in some way related to the agriculture industry,'' said ag preference bill sponsor Rep. Kino Flores, D-Mission, who showed up at the chamber in a cowboy hat, boots, a red bandana and a long overcoat called a ``duster.''

``With so many jobs directly tied into this essential industry, we must do all we can to ensure that our products are not faced with an unfair disadvantage because of the agriculture preference laws other states have on the books,'' he said.

Under the bill, school districts would give preference to Texas agriculture goods, but if that's not possible, the preference would go to products from other states before those from foreign countries.

``This bill will provide a tool to help Texas producers compete and allow them to put as much of their product as possible directly into Texas schools,'' said Flores.

State agencies are already required to give preference to Texas products, according to a bill analysis from the House Research Organization.

Flores said informal surveys have found that Texas schools buy less than five percent of their produce from Texas farmers. Any increase in purchasing of Texas products could generate millions for the agriculture industry, he said.

The bill originally included a $5000 civil penalty for districts that didn't comply, but that wording was dropped after protest from some lawmakers.

The bill was given preliminary approval Wednesday but still faces another vote in the House before being sent to the Senate, where similar legislation by Sen. Eddie Lucio Jr., D-Brownsville, is pending.

While the full House offered its support to the industry, one of its committees approved a measure to repeal the ag libel law.

State Rep. Ruth Jones McClendon's bill would erase a 1995 law Texas cattlemen used to sue talk-show host Oprah Winfrey.

The libel law allows food producers to sue those who knowingly make false disparaging statements that result in damages.

Mrs. McClendon, D-San Antonio, claims the law stifles free speech in Texas.

``This measure has more to do with preserving our rights to free speech than disputing the rights of food,'' Mrs. McClendon said. ``This is not an anti-agricultural bill.''

The failure of the Winfrey case has often been cited in arguing against the law, but opponents overlook the fact that the case never actually tested it. Instead, the judge ruled narrowly that the law's protection of "perishable" foods didn't apply to cattle. That forced plaintiffs to sue under other statutes, which the same judge then repeatedly interpreted in Winfrey's favor.