76R10008 DB-D
By Swinford H.B. No. 2719
Substitute the following for H.B. No. 2719:
By Hardcastle C.S.H.B. No. 2719
A BILL TO BE ENTITLED
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
1-11 Chapters 13, 14, 18, 46, 61, 94,
1-12 95, 101, 102, 103, 121, 125, $500
1-13 132, and 134
1-14 Subchapter B, Chapter 71
1-15 Chapter 19 $2,000
1-16 Chapters 75 and 76
1-17 Subchapters A and C, Chapter 71 $5,000
1-18 Chapters 72, 73, and 74
1-19 SECTION 2. Title 3, Agriculture Code, is amended by adding
1-20 Chapter 46 to read as follows:
1-21 CHAPTER 46. "GO TEXAN" PARTNER PROGRAM
1-22 Sec. 46.001. FINDINGS. The legislature finds that this
1-23 state needs a Texas agricultural product promotion program to
1-24 increase consumer awareness of Texas agricultural products and
1-25 expand the markets for Texas agricultural products. The legislature
2-1 further finds that the Texas Department of Agriculture, through the
2-2 establishment of the "Go Texan" Partner Program and use of program
2-3 grants and matching funds, is the proper department to promote and
2-4 advertise these products.
2-5 Sec. 46.002. DEFINITIONS. In this chapter "Texas
2-6 agricultural product" means an agricultural, horticultural,
2-7 viticultural, or vegetable product, either in its natural or
2-8 processed state, that has been produced, processed, or otherwise
2-9 had value added to the product in this state, including:
2-10 (1) bees;
2-11 (2) honey;
2-12 (3) fish or other seafood;
2-13 (4) a forestry product;
2-14 (5) livestock or a livestock product;
2-15 (6) planting seed; or
2-16 (7) poultry or a poultry product.
2-17 Sec. 46.003. GENERAL AUTHORITY. The Texas Department of
2-18 Agriculture shall establish and maintain the "Go Texan" Partner
2-19 Program to encourage the development and expansion of markets for
2-20 Texas agricultural products through participation of eligible
2-21 applicants who provide funds to be matched for promotional
2-22 marketing programs implemented by the department.
2-23 Sec. 46.004. ELIGIBLE APPLICANT. An eligible applicant must
2-24 be:
2-25 (1) a state or regional organization or board that
2-26 promotes the marketing and sale of Texas agricultural products and
2-27 does not stand to profit directly from specific sales of
3-1 agricultural commodities;
3-2 (2) a cooperative organization, as defined by
3-3 department rule;
3-4 (3) a state agency or board that promotes the
3-5 marketing and sale of agricultural commodities;
3-6 (4) a national organization or board that represents
3-7 Texas producers and promotes the marketing and sale of Texas
3-8 agricultural products;
3-9 (5) an eligible small business, as defined by
3-10 department rule; or
3-11 (6) any other entity that promotes the marketing and
3-12 sale of Texas agricultural products, as determined by the
3-13 department.
3-14 Sec. 46.005. DEPARTMENT POWERS AND DUTIES. The department
3-15 shall administer the "Go Texan" Partner Program. The duties of the
3-16 department in administering the program include:
3-17 (1) developing procedures for acceptance and
3-18 administration of funds received to administer the program,
3-19 including appropriations, gifts, license plate revenue, and
3-20 matching funds;
3-21 (2) developing application and selection procedures
3-22 including procedures for soliciting and accepting applications and
3-23 screening applications for review by the "Go Texan" Partner Program
3-24 Advisory Board;
3-25 (3) developing a general promotional campaign for
3-26 Texas agricultural products and advertising campaigns for specific
3-27 Texas agricultural products based on project requests submitted by
4-1 successful applicants;
4-2 (4) developing advertising programs and promotional
4-3 materials for use by program participants and establishing
4-4 guidelines on advertising activities by participants;
4-5 (5) contracting with media representatives for the
4-6 purpose of dispersing promotional materials; and
4-7 (6) receiving matching funds from program participants
4-8 and donations or grants from any source, and establishing internal
4-9 reporting requirements for use of funds.
4-10 Sec. 46.006. REQUIREMENTS FOR PARTICIPATION. To be eligible
4-11 for participation in the program through the use of matching funds
4-12 under this chapter, an organization must:
4-13 (1) be an eligible applicant under Section 46.004 of
4-14 this chapter;
4-15 (2) prepare and submit a project request and
4-16 application as provided by department rule; and
4-17 (3) meet any other requirement established by
4-18 department rule.
4-19 Sec. 46.007. PROJECT REQUESTS. (a) A project request
4-20 submitted by an eligible participant must describe the advertising
4-21 or other market-oriented promotional activities to be carried out
4-22 by the department using matching funds.
4-23 (b) The department may not approve a project request
4-24 submitted under this section unless the request includes:
4-25 (1) a specific description of the project and how
4-26 assistance received under this chapter could be expended in
4-27 implementing the request;
5-1 (2) a description of anticipated benefits to be
5-2 achieved as a result of the marketing promotional program; and
5-3 (3) additional information as required by the
5-4 department.
5-5 Sec. 46.008. "GO TEXAN" PARTNER PROGRAM ACCOUNT. (a) The
5-6 "Go Texan" partner program account is an account in the general
5-7 revenue fund. The account is composed of:
5-8 (1) legislative appropriations;
5-9 (2) gifts, grants, and matching funds received under
5-10 Subsection (b);
5-11 (3) money required to be deposited in the account
5-12 under Section 502.2761, Transportation Code; and
5-13 (4) other money required by law to be deposited in the
5-14 account.
5-15 (b) The department may solicit and accept gifts in kind and
5-16 grants of money from the federal government, local governments,
5-17 private corporations, or other persons to be used for the purposes
5-18 of this chapter.
5-19 (c) Money in the account may be appropriated to the
5-20 department only for the purpose of implementing and maintaining the
5-21 "Go Texan" Partner Program.
5-22 (d) Income from money in the account shall be credited to
5-23 the account.
5-24 (e) The account is exempt from the application of Section
5-25 403.095, Government Code.
5-26 Sec. 46.009. USE OF FUNDS. (a) Funds received under this
5-27 chapter may only be used for activities promoting the sale of Texas
6-1 agricultural products. The department by rule may allocate funds
6-2 to categories of eligible participants and to general or
6-3 product-specific promotional activities.
6-4 (b) The department shall adopt rules to ensure that money in
6-5 the "Go Texan" partner program account is used only for the
6-6 purposes prescribed under this section.
6-7 (c) The payment of the administrative expenses under the
6-8 program may not exceed seven percent of the average account
6-9 balance for the fiscal year.
6-10 Sec. 46.010. "GO TEXAN" PARTNER PROGRAM ADVISORY BOARD. (a)
6-11 The "Go Texan" Partner Program Advisory Board is composed of at
6-12 least eight members appointed by the commissioner to assist the
6-13 department in the implementation of the "Go Texan" Partner Program.
6-14 (b) The board shall include:
6-15 (1) two representatives from the department;
6-16 (2) one representative from the United States
6-17 Department of Agriculture (USDA) Commodity Credit Corporation,
6-18 involved in the promotion of agricultural commodities;
6-19 (3) one representative each from the radio, print, and
6-20 television advertising media;
6-21 (4) one representative from the advertising
6-22 profession;
6-23 (5) one consumer representative; and
6-24 (6) other members the commissioner determines as
6-25 necessary for the purposes of this chapter.
6-26 (c) A member of the advisory board serves at the pleasure of
6-27 the commissioner.
7-1 (d) A member serves without compensation but is entitled to
7-2 reimbursement for actual expenses incurred in the performance of
7-3 official board duties, subject to approval of the commissioner.
7-4 Money for expense reimbursement shall be deducted from the "Go
7-5 Texan" partner program account.
7-6 (e) Except as provided by Subsection (d), Chapter 2110,
7-7 Government Code, does not apply to the board.
7-8 (f) An eligible applicant is not ineligible to participate
7-9 in the program established under this chapter solely because a
7-10 board member is also an officer, director, or employee of the
7-11 applicant organization, provided that the board member shall be
7-12 recused from an action taken by the board on an application
7-13 involving an applicant organization with which the board member
7-14 serves as an officer, director, or employee.
7-15 (g) The board shall:
7-16 (1) review applications of eligible participants and
7-17 approve or deny funding under this chapter;
7-18 (2) advise the department on matters related to the
7-19 administration of the account; and
7-20 (3) advise the department on the adoption of rules
7-21 relating to the administration of the "Go Texan" Partner Program.
7-22 (h) The commissioner shall provide the board with staff
7-23 necessary to assist the board in carrying out its duties under this
7-24 chapter.
7-25 Sec. 46.011. CRITERIA FOR ALLOCATION OF FUNDS. The
7-26 department shall by rule and with the advice of the board establish
7-27 criteria for allocation of funds to participant projects. Rules
8-1 adopted under this section must include:
8-2 (1) the factors to be considered in evaluating
8-3 projects; and
8-4 (2) a maximum funding amount for each project.
8-5 Sec. 46.012. RULEMAKING AUTHORITY. The department shall
8-6 adopt rules to administer this chapter including rules for the use
8-7 of the "Go Texan" logo.
8-8 Sec. 46.013. ADMINISTRATIVE PENALTIES; CIVIL PENALTIES;
8-9 INJUNCTIVE RELIEF. (a) In addition to the other provisions of
8-10 this chapter, a person violates this chapter if the person:
8-11 (1) uses, reproduces, or distributes the logo of the
8-12 "Go Texan" Partner Program without registering with the department;
8-13 or
8-14 (2) violates a rule adopted by the department under
8-15 this chapter.
8-16 (b) A person who violates this chapter:
8-17 (1) forfeits the person's ability to use the logo of
8-18 the "Go Texan" Partner Program; and
8-19 (2) is ineligible for a grant of funds under this
8-20 chapter.
8-21 (c) The department may assess an administrative penalty as
8-22 provided by Section 12.020, Agriculture Code, against a person who
8-23 violates this chapter.
8-24 (d) A person who violates this chapter is subject to a civil
8-25 penalty not to exceed $500 for each violation. Each day that a
8-26 violation continues may be considered a separate violation for
8-27 purposes of a civil penalty assessed under this chapter.
9-1 (e) At the request of the department, the attorney general
9-2 or the county attorney or district attorney of the county in which
9-3 the violation is alleged to have occurred shall file suit to
9-4 collect the civil penalty.
9-5 (f) A civil penalty collected under this section shall be
9-6 deposited to the credit of the general revenue fund.
9-7 (g) At the request of the department, the attorney general
9-8 or the county or district attorney of the county in which the
9-9 alleged violation is threatened to occur or is occurring shall file
9-10 suit for the appropriate injunctive relief to prevent or abate a
9-11 violation of this chapter. Venue for an action brought under this
9-12 subsection is in Travis County.
9-13 SECTION 3. Subchapter F, Chapter 502, Transportation Code,
9-14 is amended by adding Section 502.2761 to read as follows:
9-15 Sec. 502.2761. TEXAS AGRICULTURAL PRODUCTS LICENSE PLATES.
9-16 (a) The department shall issue specially designed license plates
9-17 for passenger cars and light trucks to support the promotion of
9-18 Texas agricultural products.
9-19 (b) The license plates must include the words "Go Texan" and
9-20 the "Go Texan" logo of the Department of Agriculture and must be of
9-21 a color, quality, and design approved by the commissioner of
9-22 agriculture.
9-23 (c) The department shall issue license plates under this
9-24 section to a person who:
9-25 (1) applies to the county assessor-collector of the
9-26 county in which the person resides on the form provided by the
9-27 department; and
10-1 (2) pays an annual fee of $30, in addition to the fee
10-2 prescribed by Section 502.161 or Section 502.162 and, if
10-3 personalized prestige license plates are issued, in addition to the
10-4 fee prescribed by Section 502.251.
10-5 (d) The department shall deposit $25 of each fee collected
10-6 under Subsection (c) to the credit of the "Go Texan" partner
10-7 program account established by Section 46.008, Agriculture Code.
10-8 (e) The remainder of each fee collected under this section,
10-9 after deposit as provided by Subsection (d), shall be deposited to
10-10 the credit of the state highway fund and may be used only to defray
10-11 the cost of administering this section.
10-12 (f) If the owner of a vehicle registered under this section
10-13 disposes of the vehicle during the registration year, the owner
10-14 shall return the special license plates to the department.
10-15 SECTION 4. This Act takes effect September 1, 1999.
10-16 SECTION 5. The importance of this legislation and the
10-17 crowded condition of the calendars in both houses create an
10-18 emergency and an imperative public necessity that the
10-19 constitutional rule requiring bills to be read on three several
10-20 days in each house be suspended, and this rule is hereby suspended.