1-1 AN ACT
1-2 relating to the promotion of Texas agricultural products; providing
1-3 a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.020(c), Agriculture Code, is amended
1-6 to read as follows:
1-7 (c) The provisions of this code subject to this section and
1-8 the applicable penalty amounts are as follows:
1-9 Provision Maximum Penalty
1-10 Chapters 13, 14, 18, 46, 61, 94,
1-11 95, 101, 102, 103, 121, 125,
1-12 132, and 134 $500
1-13 Subchapter B, Chapter 71
1-14 Chapter 19
1-15 Chapters 75 and 76 $2,000
1-16 Subchapters A and C, Chapter 71
1-17 Chapters 72, 73, and 74 $5,000.
1-18 SECTION 2. Title 3, Agriculture Code, is amended by adding
1-19 Chapter 46 to read as follows:
1-20 CHAPTER 46. "GO TEXAN" PARTNER PROGRAM
1-21 Sec. 46.001. FINDINGS. The legislature finds that this
1-22 state needs a Texas agricultural product promotion program to
1-23 increase consumer awareness of Texas agricultural products and
1-24 expand the markets for Texas agricultural products. The legislature
1-25 further finds that the Texas Department of Agriculture, through the
1-26 establishment of the "Go Texan" Partner Program and use of program
2-1 grants and matching funds, is the proper department to promote and
2-2 advertise these products.
2-3 Sec. 46.002. DEFINITION. In this chapter "Texas
2-4 agricultural product" means an agricultural, horticultural,
2-5 viticultural, or vegetable product, either in its natural or
2-6 processed state, that has been produced, processed, or otherwise
2-7 had value added to the product in this state, including:
2-8 (1) bees;
2-9 (2) honey;
2-10 (3) fish or other seafood;
2-11 (4) a forestry product;
2-12 (5) livestock or a livestock product;
2-13 (6) planting seed; or
2-14 (7) poultry or a poultry product.
2-15 Sec. 46.003. GENERAL AUTHORITY. The Texas Department of
2-16 Agriculture shall establish and maintain the "Go Texan" Partner
2-17 Program to encourage the development and expansion of markets for
2-18 Texas agricultural products through participation of eligible
2-19 applicants who provide funds to be matched for promotional
2-20 marketing programs implemented by the department.
2-21 Sec. 46.004. ELIGIBLE APPLICANT. An eligible applicant must
2-22 be:
2-23 (1) a state or regional organization or board that
2-24 promotes the marketing and sale of Texas agricultural products and
2-25 does not stand to profit directly from specific sales of
2-26 agricultural commodities;
2-27 (2) a cooperative organization, as defined by
3-1 department rule;
3-2 (3) a state agency or board that promotes the
3-3 marketing and sale of agricultural commodities;
3-4 (4) a national organization or board that represents
3-5 Texas producers and promotes the marketing and sale of Texas
3-6 agricultural products;
3-7 (5) an eligible small business, as defined by
3-8 department rule; or
3-9 (6) any other entity that promotes the marketing and
3-10 sale of Texas agricultural products, as determined by the
3-11 department.
3-12 Sec. 46.005. DEPARTMENT POWERS AND DUTIES. The department
3-13 shall administer the "Go Texan" Partner Program. The duties of the
3-14 department in administering the program include:
3-15 (1) developing procedures for acceptance and
3-16 administration of funds received to administer the program,
3-17 including appropriations, gifts, license plate revenue, and
3-18 matching funds;
3-19 (2) developing application and selection procedures
3-20 including procedures for soliciting and accepting applications and
3-21 screening applications for review by the "Go Texan" Partner Program
3-22 Advisory Board;
3-23 (3) developing a general promotional campaign for
3-24 Texas agricultural products and advertising campaigns for specific
3-25 Texas agricultural products based on project requests submitted by
3-26 successful applicants;
3-27 (4) developing advertising programs and promotional
4-1 materials for use by program participants and establishing
4-2 guidelines on advertising activities by participants;
4-3 (5) contracting with media representatives for the
4-4 purpose of dispersing promotional materials; and
4-5 (6) receiving matching funds from program participants
4-6 and donations or grants from any source, and establishing internal
4-7 reporting requirements for use of funds.
4-8 Sec. 46.006. REQUIREMENTS FOR PARTICIPATION. To be eligible
4-9 for participation in the program through the use of matching funds
4-10 under this chapter, an organization must:
4-11 (1) be an eligible applicant under Section 46.004 of
4-12 this chapter;
4-13 (2) prepare and submit a project request and
4-14 application as provided by department rule; and
4-15 (3) meet any other requirement established by
4-16 department rule.
4-17 Sec. 46.007. PROJECT REQUESTS. (a) A project request
4-18 submitted by an eligible participant must describe the advertising
4-19 or other market-oriented promotional activities to be carried out
4-20 by the department using matching funds.
4-21 (b) The department may not approve a project request
4-22 submitted under this section unless the request includes:
4-23 (1) a specific description of the project and how
4-24 assistance received under this chapter could be expended in
4-25 implementing the request;
4-26 (2) a description of anticipated benefits to be
4-27 achieved as a result of the marketing promotional program; and
5-1 (3) additional information as required by the
5-2 department.
5-3 Sec. 46.008. "GO TEXAN" PARTNER PROGRAM ACCOUNT. (a) The
5-4 "Go Texan" partner program account is an account in the general
5-5 revenue fund. The account is composed of:
5-6 (1) legislative appropriations;
5-7 (2) gifts, grants, and matching funds received under
5-8 Subsection (b);
5-9 (3) money required to be deposited in the account
5-10 under Section 502.2761, Transportation Code; and
5-11 (4) other money required by law to be deposited in the
5-12 account.
5-13 (b) The department may solicit and accept gifts in kind and
5-14 grants of money from the federal government, local governments,
5-15 private corporations, or other persons to be used for the purposes
5-16 of this chapter.
5-17 (c) Money in the account may be appropriated to the
5-18 department only for the purpose of implementing and maintaining the
5-19 "Go Texan" Partner Program.
5-20 (d) Income from money in the account shall be credited to
5-21 the account.
5-22 (e) The account is exempt from the application of Section
5-23 403.095, Government Code.
5-24 Sec. 46.009. USE OF FUNDS. (a) Funds received under this
5-25 chapter may only be used for activities promoting the sale of Texas
5-26 agricultural products. The department by rule may allocate funds
5-27 to categories of eligible participants and to general or
6-1 product-specific promotional activities.
6-2 (b) The department shall adopt rules to ensure that money in
6-3 the "Go Texan" partner program account is used only for the
6-4 purposes prescribed under this section.
6-5 (c) The payment of the administrative expenses under the
6-6 program may not exceed seven percent of the average account
6-7 balance for the fiscal year.
6-8 Sec. 46.010. "GO TEXAN" PARTNER PROGRAM ADVISORY BOARD. (a)
6-9 The "Go Texan" Partner Program Advisory Board is composed of at
6-10 least eight members appointed by the commissioner to assist the
6-11 department in the implementation of the "Go Texan" Partner Program.
6-12 (b) The board shall include:
6-13 (1) two representatives from the department;
6-14 (2) one representative from the United States
6-15 Department of Agriculture (USDA) Commodity Credit Corporation,
6-16 involved in the promotion of agricultural commodities;
6-17 (3) one representative each from the radio, print, and
6-18 television advertising media;
6-19 (4) one representative from the advertising
6-20 profession;
6-21 (5) one consumer representative; and
6-22 (6) other members the commissioner determines as
6-23 necessary for the purposes of this chapter.
6-24 (c) A member of the advisory board serves at the pleasure of
6-25 the commissioner.
6-26 (d) A member serves without compensation but is entitled to
6-27 reimbursement for actual expenses incurred in the performance of
7-1 official board duties, subject to approval of the commissioner.
7-2 Money for expense reimbursement shall be deducted from the "Go
7-3 Texan" partner program account.
7-4 (e) Except as provided by Subsection (d), Chapter 2110,
7-5 Government Code, does not apply to the board.
7-6 (f) An eligible applicant is not ineligible to participate
7-7 in the program established under this chapter solely because a
7-8 board member is also an officer, director, or employee of the
7-9 applicant organization, provided that the board member shall be
7-10 recused from an action taken by the board on an application
7-11 involving an applicant organization with which the board member
7-12 serves as an officer, director, or employee.
7-13 (g) The board shall:
7-14 (1) review applications of eligible participants and
7-15 approve or deny funding under this chapter;
7-16 (2) advise the department on matters related to the
7-17 administration of the account; and
7-18 (3) advise the department on the adoption of rules
7-19 relating to the administration of the "Go Texan" Partner Program.
7-20 (h) The commissioner shall provide the board with staff
7-21 necessary to assist the board in carrying out its duties under this
7-22 chapter.
7-23 Sec. 46.011. CRITERIA FOR ALLOCATION OF FUNDS. The
7-24 department shall by rule and with the advice of the board establish
7-25 criteria for allocation of funds to participant projects. Rules
7-26 adopted under this section must include:
7-27 (1) the factors to be considered in evaluating
8-1 projects; and
8-2 (2) a maximum funding amount for each project.
8-3 Sec. 46.012. RULEMAKING AUTHORITY. The department shall
8-4 adopt rules to administer this chapter including rules for the use
8-5 of the "Go Texan" logo.
8-6 Sec. 46.013. ADMINISTRATIVE PENALTIES; CIVIL PENALTIES;
8-7 INJUNCTIVE RELIEF. (a) In addition to the other provisions of
8-8 this chapter, a person violates this chapter if the person:
8-9 (1) uses, reproduces, or distributes the logo of the
8-10 "Go Texan" Partner Program without registering with the department;
8-11 or
8-12 (2) violates a rule adopted by the department under
8-13 this chapter.
8-14 (b) A person who violates this chapter:
8-15 (1) forfeits the person's ability to use the logo of
8-16 the "Go Texan" Partner Program; and
8-17 (2) is ineligible for a grant of funds under this
8-18 chapter.
8-19 (c) The department may assess an administrative penalty as
8-20 provided by Section 12.020 against a person who violates this
8-21 chapter.
8-22 (d) A person who violates this chapter is subject to a civil
8-23 penalty not to exceed $500 for each violation. Each day that a
8-24 violation continues may be considered a separate violation for
8-25 purposes of a civil penalty assessed under this chapter.
8-26 (e) At the request of the department, the attorney general
8-27 or the county attorney or district attorney of the county in which
9-1 the violation is alleged to have occurred shall file suit to
9-2 collect the civil penalty.
9-3 (f) A civil penalty collected under this section shall be
9-4 deposited to the credit of the general revenue fund.
9-5 (g) At the request of the department, the attorney general
9-6 or the county or district attorney of the county in which the
9-7 alleged violation is threatened to occur or is occurring shall file
9-8 suit for the appropriate injunctive relief to prevent or abate a
9-9 violation of this chapter. Venue for an action brought under this
9-10 subsection is in Travis County.
9-11 SECTION 3. Subchapter F, Chapter 502, Transportation Code,
9-12 is amended by adding Section 502.2761 to read as follows:
9-13 Sec. 502.2761. TEXAS AGRICULTURAL PRODUCTS LICENSE PLATES.
9-14 (a) The department shall issue specially designed license plates
9-15 for passenger cars and light trucks to support the promotion of
9-16 Texas agricultural products.
9-17 (b) The license plates must include the words "Go Texan" and
9-18 the "Go Texan" logo of the Department of Agriculture and must be of
9-19 a color, quality, and design approved by the commissioner of
9-20 agriculture.
9-21 (c) The department shall issue license plates under this
9-22 section to a person who:
9-23 (1) applies to the county assessor-collector of the
9-24 county in which the person resides on the form provided by the
9-25 department; and
9-26 (2) pays an annual fee of $30, in addition to the fee
9-27 prescribed by Section 502.161 or Section 502.162 and, if
10-1 personalized prestige license plates are issued, in addition to the
10-2 fee prescribed by Section 502.251.
10-3 (d) The department shall deposit $25 of each fee collected
10-4 under Subsection (c) to the credit of the "Go Texan" partner
10-5 program account established by Section 46.008, Agriculture Code.
10-6 (e) The remainder of each fee collected under this section,
10-7 after deposit as provided by Subsection (d), shall be deposited to
10-8 the credit of the state highway fund and may be used only to defray
10-9 the cost of administering this section.
10-10 (f) If the owner of a vehicle registered under this section
10-11 disposes of the vehicle during the registration year, the owner
10-12 shall return the special license plates to the department.
10-13 SECTION 4. Title 3, Agriculture Code, is amended by adding
10-14 Chapter 47 to read as follows:
10-15 CHAPTER 47. TEXAS OYSTER PROGRAM
10-16 Sec. 47.001. PROMOTION AND ADVERTISEMENT. (a) The
10-17 department may promote and advertise the Texas oyster industry by:
10-18 (1) using current market research to develop an oyster
10-19 marketing plan to increase consumption of Texas oysters;
10-20 (2) conducting a public relations campaign to create a
10-21 responsible and accurate image of the Texas oyster industry;
10-22 (3) providing information, education, and training to
10-23 consumers on safe and proper handling of oysters; and
10-24 (4) using other methods the department considers
10-25 appropriate.
10-26 (b) The department, following guidance of the oyster
10-27 advisory committee established under Section 47.002, may use a
11-1 portion of the oyster sales fee funds provided for administrative
11-2 purposes.
11-3 Sec. 47.002. OYSTER ADVISORY COMMITTEE. (a) The
11-4 commissioner shall appoint an oyster advisory committee to provide
11-5 guidance and direction on the programs and activities established
11-6 under this chapter and expenditures of the funds appropriated for
11-7 the purposes of this chapter.
11-8 (b) Members of the advisory committee serve without
11-9 compensation or reimbursement of expenses.
11-10 (c) The advisory committee shall meet and elect a
11-11 chairperson from its members and shall conduct other meetings it
11-12 considers necessary to provide guidance and direction to the
11-13 department.
11-14 (d) The advisory committee consists of the following nine
11-15 members:
11-16 (1) six members appointed by the commissioner from a
11-17 list of nominations submitted individually by oyster dealers who
11-18 have been certified in Texas for at least 12 months of each year of
11-19 the three years preceding the nomination;
11-20 (2) two members appointed by the commissioner from a
11-21 list of nominations submitted individually by oyster dealers who
11-22 have been certified in Texas for at least six months of each year
11-23 of the three years preceding the nomination; and
11-24 (3) one member appointed by the commissioner
11-25 representing consumer interests.
11-26 (e) The advisory committee shall develop its own bylaws
11-27 under which it shall operate. The bylaws shall stipulate that five
12-1 members constitute a quorum sufficient to conduct meetings and
12-2 business of the advisory committee.
12-3 (f) An advisory committee member serves a three-year term,
12-4 with the terms of three members expiring August 31 of each year.
12-5 (g) A member of the advisory committee may be reappointed to
12-6 the advisory committee.
12-7 SECTION 5. For the first appointment to the oyster advisory
12-8 committee created under Chapter 47, Agriculture Code, as added by
12-9 this Act, the commissioner of agriculture shall appoint two members
12-10 from the list submitted under Section 47.002(d)(1), Agriculture
12-11 Code, as added by this Act, and one member from the list submitted
12-12 under Section 47.002(d)(2), Agriculture Code, as added by this Act,
12-13 or the consumer representative, to serve terms of one year, two
12-14 years, and three years, respectively, to establish the rotation.
12-15 SECTION 6. This Act takes effect only if a specific
12-16 appropriation for the implementation of this Act is provided in
12-17 H.B. No. 1 (General Appropriations Act), Acts of the 76th
12-18 Legislature, Regular Session, 1999. If no specific appropriation
12-19 is provided in H.B. No. 1, the General Appropriations Act, this Act
12-20 has no effect.
12-21 SECTION 7. This Act takes effect September 1, 1999.
12-22 SECTION 8. The importance of this legislation and the
12-23 crowded condition of the calendars in both houses create an
12-24 emergency and an imperative public necessity that the
12-25 constitutional rule requiring bills to be read on three several
12-26 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2719 was passed by the House on April
15, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2719 on May 8, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2719 was passed by the Senate, with
amendments, on May 6, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor