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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a "Made in Texas" labeling program; |
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authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 490D to read as follows: |
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CHAPTER 490D. "MADE IN TEXAS" LABELING PROGRAM |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 490D.001. DEFINITIONS. In this chapter: |
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(1) "Office" means the Texas Economic Development and |
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Tourism Office. |
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(2) "Program" means the "Made in Texas" labeling |
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program established under this chapter. |
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SUBCHAPTER B. "MADE IN TEXAS" LABELING PROGRAM |
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Sec. 490D.051. ESTABLISHMENT OF "MADE IN TEXAS" LABELING |
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PROGRAM. (a) The office shall establish and administer a "Made in |
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Texas" labeling program. |
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(b) In establishing the program, the office by rule shall: |
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(1) establish criteria for determining whether a |
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person may sell, advertise, or offer for sale in this state a |
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product that uses "Made in Texas" or equivalent phrasing to |
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represent that the product was made in whole or in substantial part |
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in this state; and |
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(2) design and administer the use of a logo for |
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products to be labeled as "Made in Texas" and adopt an application |
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process for authorizing use of the logo. |
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(c) The criteria established under Subsection (b)(1) must |
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include a requirement that all or virtually all significant parts |
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and processing of a product originated in this state. |
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Sec. 490D.052. EXEMPT PRODUCTS. This chapter does not |
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apply to or authorize the office to adopt rules governing the |
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labeling of wine. |
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SUBCHAPTER C. ENFORCEMENT |
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Sec. 490D.101. VIOLATION. A person violates this chapter |
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if the person: |
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(1) uses, reproduces, or distributes the logo designed |
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by the office under Section 490D.051(b)(2) without the consent of |
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the office; or |
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(2) violates a rule adopted by the office under |
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Section 490D.051(b). |
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Sec. 490D.102. OPPORTUNITY TO CURE. If the attorney |
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general has reason to believe a person has violated Section |
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490D.101, the attorney general shall provide written notice to the |
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person that: |
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(1) describes the person's violation; |
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(2) states that the person may be liable for a civil |
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penalty if the person does not cure the violation before the 30th |
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day after the date the person receives the notice; and |
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(3) includes the maximum potential civil penalty that |
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may be imposed for the violation. |
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Sec. 490D.103. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A |
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person who violates Section 490D.101 following a cure period |
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described by Section 490D.102 is liable to this state for a civil |
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penalty not to exceed $1,000 for each violation. |
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(b) The attorney general may bring an action in the name of |
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the state to: |
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(1) recover a civil penalty under this section; or |
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(2) restrain or enjoin the person from violating |
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Section 490D.101. |
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(c) The action may be brought in a district court in: |
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(1) Travis County; or |
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(2) a county in which any part of the violation or |
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threatened violation occurs. |
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(d) A civil penalty collected under this section shall be |
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deposited in the state treasury to the credit of the general revenue |
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fund. |
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Sec. 490D.104. AMOUNT OF CIVIL PENALTY. (a) Each day that |
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a violation continues may be considered a separate violation for |
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purposes of a civil penalty under this subchapter. |
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(b) The amount of a civil penalty must be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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(4) efforts by the person to correct the violation; |
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and |
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(5) any other matter that justice may require. |
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SECTION 2. This Act takes effect September 1, 2023. |