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; or

          (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.

     (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.