SRC-PNG S.B. 1028 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1028
76R7352 DB-FBy: Lucio
Agriculture
3/22/1999
As Filed


DIGEST 

Currently, in Texas, a specific program to promote Texas agricultural
products is needed.  This bill creates the "Go Texan" Partner Program,
provides penalties, and creates a specially designed license plate for the
promotion of Texas agricultural products. 

PURPOSE

As proposed, S.B. 1028 creates the "Go Texan" Partner Program, provides
penalties, and creates a specially designed license plate for the promotion
of Texas agricultural products. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Agriculture in
SECTION 2 (Sections 46.009(a) and (b), 46.011, and 46.012, Agriculture
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.020(c), Agriculture Code, to include Chapter
46, Title 3, Agriculture Code, in the provisions of this code subject to
this section and the applicable penalty amounts. 

SECTION 2.  Amends Title 3, Agriculture Code, by adding Chapter 46, as
follows: 

CHAPTER 46.  "GO TEXAN" PARTNER PROGRAM

Sec.  46.001.  FINDINGS.  Sets forth legislative findings concerning the
need in this state for a Texas agricultural product promotion program, and
the proper department to implement such a  program.   

Sec.  46.002.  DEFINITIONS.  Defines "Texas agricultural product."

Sec.  46.003.  GENERAL AUTHORITY.  Requires the Texas Department of
Agriculture (TDA) to establish and maintain the "Go Texan" Partner Program
(program). 

Sec.  46.004.  ELIGIBLE APPLICANT.  Sets forth requirements for an eligible
applicant to the program. 

Sec.  46.005.  DEPARTMENT POWERS AND DUTIES.  Requires TDA to administer
the program.  Sets forth the duties of TDA in administering the program. 

Sec.  46.006.  REQUIREMENTS FOR PARTICIPATION.  Sets forth the requirements
for an organization to be eligible for participation of the program through
the use of matching funds. 

Sec.  46.007.  PROJECT REQUESTS.  Requires a project request submitted by
an eligible participant to describe the advertising or other
market-oriented promotional activities to be carried out by TDA using
matching funds.  Prohibits TDA from approving a project request unless the
request contains certain information. 
 
Sec.  46.008.  "GO TEXAN" PARTNER PROGRAM ACCOUNT.  Provides that the "Go
Texan" partner program account (account) is a general revenue fund account.
Sets forth the composition of the account.  Authorizes TDA to solicit and
accept gifts in kind and grants of money from certain governmental entities
to be used for the purposes of this chapter. Authorizes money in the
account to be appropriated to TDA only for the purpose of implementing and
maintaining the program.  Requires income from money in the account to be
credited to the account.  Provides that the account is exempt from the
application of Section 403.095, Government Code. 

Sec.  46.009.  USE OF FUNDS.  Authorizes funds received under this chapter
to be used only for activities promoting the sale of Texas agricultural
products.  Authorizes TDA to allocate funds, by rule, to categories of
eligible participants and to general or product-specific promotional
activities. Requires TDA to adopt rules to ensure that money in the account
is used only for the prescribed purposes.  Prohibits the payment of
administrative expenses under the program from exceeding seven percent of
the average account balance for the fiscal year. 

Sec.  46.010.  "GO TEXAN" PARTNER PROGRAM ADVISORY BOARD.  Provides that
the "Go Texan" Partner Program Advisory Board (board) is composed of at
least eight members appointed by the agriculture commissioner
(commissioner) to assist TDA in the implementation of the program.  Sets
forth the requirements for the composition of the board. Provides that a
member of the board serves at the pleasure of the commissioner.  Provides
that a member serves without compensation but is entitled to reimbursement
for actual expenses incurred in the performance of official board duties,
subject to the approval of the commissioner.  Requires money for expense
reimbursement to be deducted from the account. Provides that Chapter 2110,
Government Code, does not apply to the board, except as provided by
Subsection (d).  Provides that an eligible applicant is not ineligible to
participate in the program solely because the board member is also an
officer, director, or employee of the applicant organization, provided that
the board member shall be recused from an action taken by the board on an
application involving the applicant organization with which the board
member serves as an officer, director, or employee.  Requires the board to
perform certain duties.  Requires the commissioner to provide the board
with the necessary staff to assist the board in carrying out its duties. 

Sec.  46.011.  CRITERIA FOR ALLOCATION OF FUNDS.  Requires TDA, by rule,
and with the advice of the board, to establish criteria for the allocation
of funds to participant projects.  Sets forth requirements for the adopted
rules.   

Sec.  46.012.  RULEMAKING AUTHORITY.  Requires TDA to adopt rules to
administer this chapter, including rules for the use of the "Go Texan"
logo. 

Sec.  46.013.  ADMINISTRATIVE PENALTIES; CIVIL PENALTIES; INJUNCTIVE
RELIEF.  Sets forth the conditions under which a person violates this
chapter.  Sets forth administrative penalties for violating this chapter.
Authorizes TDA to assess an administrative penalty as provided by Section
12.020, Agriculture Code, against a person who violates this chapter.
Provides that a person who violates this chapter is subject to a civil
penalty not to exceed $500 for each violation.  Authorizes each day thar a
violation continues to be considered a separate violation for assessing
civil penalties.  Requires the attorney general or the county attorney or
district attorney of the county in which the violation is alleged to have
occurred, at the request of TDA, to file suit to collect the civil penalty.
Requires a civil penalty collected to be deposited to the credit of the
general revenue fund.  Requires the attorney general or the county attorney
or district attorney of the county in which the violation is alleged to
have occurred, at the request of TDA, to file suit for the appropriate
injunctive relief to prevent or abate a violation of this chapter.
Provides that venue for an action brought under this subsection is in
Travis County. 

SECTION 3.  Amends Chapter 502F, Transportation Code, by adding Section
502.2761, as follows: 

Sec.  502.2761.  TEXAS AGRICULTURAL PRODUCTS LICENSE PLATES.  Requires  the
Texas Department of Transportation (department) to issue specially designed
license plates for certain vehicles to support the promotion of Texas
agricultural products.  Requires the license plates to include certain
words and the "Go Texan" logo and be of a certain color, quality, and
design.  Requires the department to issue license plates to a person who
meets certain requirements.  Requires the department to deposit $25 of each
fee collected to the credit of the account.  Requires the remainder of each
fee collected to be deposited in the state highway fund and may be used
only to defray the cost of administering this section. Requires the owner
of a vehicle registered under this section, upon disposal of the vehicle
during the registration year, to return the special license plates to the
department. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.