By: Ogden S.B. No. 705
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to providing aid, support, and assistance to agriculture,
1-2 including the promotion of agriculture and the establishment of the
1-3 "Go Texan" Partner Program; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. FARM AND RANCH RECOVERY ACT
1-6 (a) FINDINGS. The legislature finds that:
1-7 (1) agriculture is a vital component of a diversified
1-8 state economy;
1-9 (2) agriculture is more directly and substantially
1-10 affected by adverse weather conditions than other industries;
1-11 (3) limited availability of federal crop subsidies and
1-12 adverse weather conditions present a significant risk to the
1-13 economic vitality of agricultural enterprises; and
1-14 (4) a comprehensive state agricultural policy that
1-15 addresses changes in federal policy and recurrent adverse weather
1-16 conditions will promote the growth of agriculture in this state and
1-17 will avert a public calamity.
1-18 (b) PURPOSES. The purposes of this act are to:
1-19 (1) promote economic development by ensuring a
1-20 diversified economy;
1-21 (2) foster the growth of agriculture in this state;
1-22 and
2-1 (3) avert the substantial risk of a public calamity
2-2 that will likely result if agricultural industries do not receive
2-3 the benefit of state planning and assistance.
2-4 SECTION 2. Title 3, Agriculture Code, is amended by adding
2-5 Chapter 48 to read as follows:
2-6 CHAPTER 48. INTERIM COMMITTEE ON STATEWIDE
2-7 AGRICULTURAL POLICY
2-8 Sec. 48.001. ORGANIZATION. (a) The Interim Committee on
2-9 Statewide Agricultural Policy is established to study statewide
2-10 agricultural policy.
2-11 (b) The committee consists of 10 members, of whom:
2-12 (1) five shall be appointed by the speaker of the
2-13 house of representatives from the members of the house of
2-14 representatives; and
2-15 (2) five shall be appointed by the lieutenant governor
2-16 from the members of the senate.
2-17 (c) The lieutenant governor and the speaker of the house of
2-18 representatives each shall appoint a presiding officer from among
2-19 the members appointed to the committee.
2-20 (d) The committee shall convene at the call of the two
2-21 presiding officers.
2-22 Sec. 48.002. POWERS AND DUTIES. The committee shall
2-23 investigate and study:
2-24 (1) regulatory reform affecting agriculture;
2-25 (2) market expansion alternatives for agricultural
2-26 products of this state;
3-1 (3) risk management alternatives for agricultural
3-2 production;
3-3 (4) initiatives to make crop insurance more effective
3-4 and affordable; and
3-5 (5) the creation of a comprehensive state agricultural
3-6 policy.
3-7 Sec. 48.003. REPORT. The committee shall develop a report,
3-8 including a cost-benefit analysis of regulatory reform affecting
3-9 agriculture, that analyzes the issues described in Section 48.002
3-10 and that includes recommended rule or statutory changes to
3-11 implement the statewide agricultural policy options. Not later
3-12 than November 1, 2000, the committee shall make a final report to
3-13 the lieutenant governor, the speaker of the house of
3-14 representatives, and the members of the 77th Legislature.
3-15 Sec. 48.004. ADMINISTRATION. (a) The committee has the
3-16 authority necessary to perform its duties and in connection with
3-17 those duties may call and hold hearings.
3-18 (b) The committee may request the assistance of state
3-19 agencies, departments, or offices to carry out its duties.
3-20 (c) The Senate Committee on Natural Resources and the House
3-21 Committee on Agriculture shall provide staff to the committee.
3-22 Sec. 48.005. EXPENSES. The committee shall submit a
3-23 proposed budget to the appropriate committee on administration in
3-24 each house. The administrative committees shall jointly approve
3-25 the committee budget in an amount appropriate for the committee to
3-26 accomplish its duties under this chapter.
4-1 Sec. 48.006. EXPIRATION. This chapter expires and the
4-2 committee is abolished on the date the legislature convenes in
4-3 regular session in 2001.
4-4 SECTION 3. Title 4, Agriculture Code, is amended by adding
4-5 Chapter 60 to read as follows:
4-6 CHAPTER 60. CRISIS MANAGEMENT COUNCIL AND MANAGER
4-7 Sec. 60.001. DEFINITIONS. In this chapter:
4-8 (1) "Commissioner" means the Commissioner of
4-9 Agriculture for the State of Texas.
4-10 (2) "Department" means the Texas Department of
4-11 Agriculture.
4-12 (3) "Agricultural crisis" includes circumstances
4-13 causing or involving substantial economic or property loss or other
4-14 hardships or serious adverse effects related to adverse weather
4-15 conditions, water shortages, disruptions in transportation, low
4-16 agricultural commodity prices, animal health, insects, or crop
4-17 disease.
4-18 (4) "Council" means the Crisis Management Council.
4-19 (5) "Manager" means the agricultural crisis manager.
4-20 Sec. 60.002. MANAGER; DUTIES. (a) The commissioner shall
4-21 employ a manager. The commissioner may designate an employee of
4-22 the department to serve as manager in addition to the employee's
4-23 other duties.
4-24 (b) The manager serves as:
4-25 (1) presiding officer of the council;
4-26 (2) the representative of the department on the
5-1 emergency management council established by Executive Order GWB
5-2 95-1b; and
5-3 (2) the representative of the department on the
5-4 drought response and monitoring committee under Section 16.055,
5-5 Water Code.
5-6 (c) The manager shall:
5-7 (1) manage and coordinate department planning and
5-8 response to any agricultural crisis, as identified by the
5-9 commissioner; and
5-10 (2) develop a state plan to address drought
5-11 preparedness in agriculture, including long-term solutions,
5-12 specific response actions, and an assessment of which regions of
5-13 the state and which agricultural products are vulnerable to a
5-14 drought and to what extent.
5-15 Sec. 60.003. COUNCIL COMPOSITION; DUTIES. (a) The council
5-16 is composed of the manager, the members appointed under Subsection
5-17 (b), and one representative from each of the following agencies,
5-18 appointed by the administrative head of that agency:
5-19 (1) the Texas Water Development Board;
5-20 (2) the Parks and Wildlife Department;
5-21 (3) the Texas Agricultural Extension Service;
5-22 (4) the State Soil and Water Conservation Board;
5-23 (5) the Texas Natural Resource Conservation
5-24 Commission;
5-25 (6) the Texas Forest Service; and
5-26 (7) the division of emergency management of the office
6-1 of the governor.
6-2 (b) The governor shall appoint not more than five
6-3 representatives of agricultural industries to serve on the council.
6-4 (c) The council shall:
6-5 (1) advise the manager in the development of a state
6-6 plan to address drought preparedness in agriculture;
6-7 (2) prepare and submit an informational report to the
6-8 governor and the legislature for each agricultural crisis, as
6-9 identified by the commissioner, in this state;
6-10 (3) prepare and submit a report to the commissioner to
6-11 recommend projects for the agri-tech program under Chapter 46;
6-12 (4) develop a program to educate agricultural
6-13 producers and the public about each agricultural crisis, as
6-14 identified by the commissioner, in this state; and
6-15 (5) meet as necessary to carry out the provisions of
6-16 this section.
6-17 (d) The governor's appointees serve without compensation,
6-18 but are entitled to reimbursement for actual expenses incurred in
6-19 the performance of official council duties, subject to approval of
6-20 the commissioner. Other council members shall be reimbursed for
6-21 actual expenses by their representative agencies.
6-22 (e) The commissioner shall provide the council with staff
6-23 necessary to assist the council in carrying out its duties under
6-24 this chapter.
6-25 SECTION 4. Title 3, Agriculture Code, is amended by adding
6-26 Chapter 46 to read as follows:
7-1 CHAPTER 46. AGRICULTURAL TECHNOLOGY PROGRAM
7-2 Sec. 46.001. DEFINITIONS. In this chapter:
7-3 (1) "Commissioner" means the Commissioner of
7-4 Agriculture for the State of Texas.
7-5 (2) "Department" means the Texas Department of
7-6 Agriculture.
7-7 (3) "Agricultural crisis" means an event or condition,
7-8 including adverse weather conditions, water shortages, disruptions
7-9 in transportation, low commodity prices, animal health issues, crop
7-10 disease, or insect infestations, that could disrupt or jeopardize
7-11 an aspect of the agricultural industry.
7-12 (4) "Agri-tech program" means the agricultural
7-13 technology program established under this chapter.
7-14 (5) "Applied research" means research directed at
7-15 gaining the knowledge or understanding necessary to meet a specific
7-16 and recognized need, including the discovery of new scientific
7-17 knowledge that has specific objectives relating to products or
7-18 processes.
7-19 (6) "Eligible institution" means an institution of
7-20 higher education as that term is defined by Section 61.003,
7-21 Education Code.
7-22 Sec. 46.002. ADMINISTRATION; GUIDELINES AND PROCEDURES.
7-23 (a) The department shall develop, maintain, and administer the
7-24 agri-tech program to provide support at eligible institutions to
7-25 conduct research projects on methods to address agricultural crises
7-26 in this state.
8-1 (b) In awarding funds to support projects under this
8-2 chapter, the department shall:
8-3 (1) give priority to applied research projects that
8-4 the commissioner determines to be necessary to address an immediate
8-5 agricultural crisis; and
8-6 (2) consider the recommendations of the Crisis
8-7 Management Council for specific projects.
8-8 (c) The department shall award funds to support projects as
8-9 needed to address agricultural crises in this state.
8-10 (d) The department shall develop and maintain guidelines and
8-11 procedures to provide awards under this chapter for specific
8-12 projects at eligible institutions on a competitive, peer-review
8-13 basis.
8-14 (e) The department shall determine whether an institution of
8-15 higher education qualifies as an eligible institution for the
8-16 purposes of this chapter. To be designated as an eligible
8-17 institution, an institution of higher education must demonstrate an
8-18 exceptional capability to attract federal, state, and private
8-19 funding for scientific and technical research and have an
8-20 exceptionally strong research staff and the necessary equipment and
8-21 facilities.
8-22 (f) In considering projects for selection, the commissioner
8-23 shall give special consideration to projects that:
8-24 (1) leverage funds from other sources; and
8-25 (2) propose innovative, collaborative efforts:
8-26 (A) across academic disciplines;
9-1 (B) involving two or more eligible institutions;
9-2 or
9-3 (C) involving eligible institutions, private
9-4 industry, and the federal government.
9-5 (g) The commissioner may adopt rules necessary to accomplish
9-6 the purposes of this chapter.
9-7 Sec. 46.003. AGRICULTURE TECHNOLOGY ACCOUNT. (a) The
9-8 agriculture technology account is an account in the general revenue
9-9 fund.
9-10 (b) The agriculture technology account consists of
9-11 legislative appropriations, gifts and grants received under
9-12 Subsection (c), and other money required by law to be deposited in
9-13 the account.
9-14 (c) The department may solicit and accept gifts in kind and
9-15 grants of money from the federal government, local governments,
9-16 private corporations, or other persons to be used for the purposes
9-17 of this chapter.
9-18 (d) Funds in the agriculture technology account may be used
9-19 only as provided by this chapter. The account is exempt from the
9-20 application of Section 403.095, Government Code.
9-21 (e) Income from money in the account shall be credited to
9-22 the account.
9-23 Sec. 46.004. USE OF FUNDS IN AGRICULTURE TECHNOLOGY ACCOUNT.
9-24 (a) From funds appropriated for the agri-tech program, the
9-25 comptroller shall issue warrants to each eligible institution in
9-26 the amount certified by the department to the comptroller.
10-1 (b) Funds awarded from the agriculture technology account
10-2 may be expended to support the particular research project for
10-3 which the award is made and may not be expended for the support of
10-4 general research and instruction at the institution conducting or
10-5 sponsoring the project or for the construction or remodeling of a
10-6 facility.
10-7 (c) Funds in the agriculture technology account shall be
10-8 used, when practicable within the purposes of this chapter, to
10-9 match grants provided by the federal government or private industry
10-10 for specific collaborative research projects at eligible
10-11 institutions.
10-12 (d) Supplies, materials, services, and equipment purchased
10-13 with funds obtained under this section are not subject to State
10-14 Purchasing and General Services Commission authority.
10-15 Sec. 46.005. PROGRESS REPORTS. An institution receiving
10-16 funds under this chapter shall report on the progress of the funded
10-17 research to the department not later than September 1 of each year.
10-18 Sec. 46.006. MERIT REVIEW. The commissioner shall appoint a
10-19 committee consisting of representatives of the agricultural
10-20 industry and of private enterprise advanced technology research
10-21 organizations to evaluate the agri-tech program's effectiveness.
10-22 The committee shall report its findings to the department not later
10-23 than September 1 of the second year of each biennium.
10-24 SECTION 5. Title 3, Agriculture Code, is amended by adding
10-25 Chapter 47 to read as follows:
11-1 CHAPTER 47. AGRICULTURE RISK MANAGEMENT EDUCATION
11-2 Sec. 47.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
11-3 legislature finds that:
11-4 (1) the increasingly global marketplace and the
11-5 increasing flexibility in agriculture production decisions expose
11-6 agricultural producers and agribusinesses to increased income risk;
11-7 (2) managing these increased risks is critical to the
11-8 future economic competitiveness and success of agriculture in this
11-9 state; and
11-10 (3) policymakers, lenders, agribusiness firms, rural
11-11 community leaders, and researchers will benefit from a better
11-12 understanding of how farmers and ranchers adapt to different
11-13 economic, regulatory, and political environments.
11-14 (b) The purposes of this chapter are to:
11-15 (1) increase risk management educational efforts to
11-16 help agricultural producers and agribusinesses to:
11-17 (A) understand risk and its consideration in
11-18 decision making;
11-19 (B) understand the economic impacts on farms or
11-20 ranches of adopting new production or information technologies;
11-21 (C) understand the economic impacts on farms or
11-22 ranches of changing agricultural, regulatory, monetary, and fiscal
11-23 policies; and
11-24 (D) measure the relative risk associated with
11-25 alternative production, marketing, and financial decisions;
11-26 (2) establish a statewide educational program that
12-1 includes a risk management support system and a comprehensive
12-2 educational curriculum; and
12-3 (3) foster the economic competitiveness and success of
12-4 agriculture in this state.
12-5 Sec. 47.002. CREATION OF PROGRAMS. (a) The Texas
12-6 Agricultural Extension Service shall administer a statewide
12-7 financial and risk management assistance support system to help
12-8 farmers and ranchers make long-term strategic planning decisions
12-9 and adjust their operations to new production, marketing, and
12-10 financing situations. The support system may include computer and
12-11 communications technology to provide agricultural producers and
12-12 agribusinesses with information needed for individual long-term
12-13 strategic farm or ranch planning.
12-14 (b) The Texas Agricultural Extension Service shall develop
12-15 and implement a statewide comprehensive educational curriculum
12-16 program to provide agricultural producers and agribusinesses with
12-17 additional information about risk management and potential tools
12-18 and options to consider in managing risks. The curriculum may
12-19 include instructional materials, instructors, and other resources
12-20 in areas of agricultural, regulatory, monetary, and fiscal
12-21 interest.
12-22 (d) The Texas Agricultural Extension Service may organize
12-23 and deliver the programs with the assistance of interested
12-24 agricultural groups.
12-25 Sec. 47.003. ELIGIBILITY FOR EDUCATIONAL MATERIALS AND
12-26 SERVICES. As a condition for educational assistance under this
13-1 chapter, the Texas Agricultural Extension Service shall require
13-2 that a person pay a subscription fee or other charge in exchange
13-3 for educational services and materials.
13-4 SECTION 6. Title 8, Agriculture Code, is amended by adding
13-5 Chapter 254 to read as follows:
13-6 CHAPTER 254. AGRICULTURAL EMERGENCY FEED PROGRAM
13-7 Sec. 254.001. DEFINITIONS. For the purposes of this
13-8 chapter, the following terms shall have the following meanings:
13-9 (1) "Commissioner" means the Commissioner of
13-10 Agriculture for the State of Texas.
13-11 (2) "Department" means the Texas Department of
13-12 Agriculture.
13-13 Sec. 254.002. AGRICULTURAL EMERGENCY FEED PROGRAM. The
13-14 department shall adopt rules and administer a program, to be
13-15 implemented by executive order of the governor, to provide
13-16 assistance for the transportation of hay, other animal feed, or
13-17 water for use by agricultural producers whose production abilities
13-18 are hindered during periods of natural disaster or other
13-19 emergencies.
13-20 Sec. 254.003. AGRICULTURAL EMERGENCY FEED ACCOUNT. (a) The
13-21 agricultural emergency feed account is an account in the general
13-22 revenue fund.
13-23 (b) The agricultural emergency feed account consists of
13-24 legislative appropriations and other money required by law to be
13-25 deposited in the account.
13-26 (c) The department may solicit and accept gifts in kind and
14-1 grants of money from the federal government, local governments,
14-2 private corporations, or other persons to be used for the purposes
14-3 of this chapter.
14-4 (d) Money in the account may be used only for the purposes
14-5 of this chapter. The account is exempt from the application of
14-6 Section 403.095, Government Code.
14-7 (e) Income from money in the account shall be credited to
14-8 the account.
14-9 Sec. 254.004. POWERS OF DEPARTMENT AND GOVERNOR. (a) To
14-10 provide transportation for relief measures under this chapter, the
14-11 department shall:
14-12 (1) negotiate contracts with commercial haulers; and
14-13 (2) create a program to pre-certify commercial haulers
14-14 for use during a natural disaster or other emergency.
14-15 (b) At the request of the commissioner, the governor may
14-16 authorize expenditures from the disaster contingency fund to
14-17 provide transportation for relief measures under this chapter.
14-18 (c) Following the issuance of an executive order by the
14-19 governor, the commissioner may authorize expenditures from the
14-20 agricultural emergency feed account.
14-21 Sec. 254.005. LIMITATION ON USE OF PROGRAM. The assistance
14-22 provided under this chapter is subject to action by the governor
14-23 and available only:
14-24 (1) for agricultural producers from a county that is
14-25 declared a federal disaster area;
14-26 (2) after available donated resources are exhausted;
15-1 and
15-2 (3) if a lack of transportation would produce
15-3 irreparable harm for the affected agricultural producers, as
15-4 determined by the commissioner.
15-5 Sec. 254.006. APPLICATION FOR ASSISTANCE. (a) Only a
15-6 county extension agent in a county described by Section 255.003 may
15-7 request assistance from the department under the program. The
15-8 commissioner shall prescribe the method by which:
15-9 (1) the county extension agent may request assistance
15-10 under the program; and
15-11 (2) an agricultural producer may petition the county
15-12 extension agent for inclusion in the program.
15-13 Sec. 254.007. CONSIDERATION OF APPLICATION. The Texas
15-14 Agricultural Extension Service shall establish the criteria to be
15-15 used by county extension agents when considering applications for
15-16 assistance under this chapter. In establishing that criteria,
15-17 consideration shall be given to:
15-18 (1) the degree to which production abilities are
15-19 hindered because of the natural disaster or other emergency; and
15-20 (2) the extent to which other sources of aid are
15-21 available to the agricultural producers who are in need of
15-22 assistance.
15-23 Sec. 254.008. TERMINATION OF ASSISTANCE. (a) The
15-24 commissioner shall determine monthly the continuing need for
15-25 assistance to each county under the program.
15-26 (b) If the commissioner determines that assistance is no
16-1 longer necessary or that available state resources have been
16-2 expended, the commissioner shall suspend assistance for that county
16-3 under the program.
16-4 SECTION 7. Subchapter F, Chapter 661, Government Code, is
16-5 amended by adding Section 661.152 to read as follows:
16-6 Sec. 661.152. LEAVE FOR VOLUNTEER FIREFIGHTERS IN CERTAIN
16-7 DISASTERS. (a) This section applies only to a state employee who:
16-8 (1) is trained as a volunteer firefighter; and
16-9 (2) volunteers for duty to prevent or fight fires in
16-10 an area designated as a federal disaster area as the result of
16-11 drought conditions.
16-12 (b) A person to whom this section applies is entitled to a
16-13 leave of absence from work as a state employee without loss of
16-14 compensation or risk of termination for the hours during which the
16-15 employee serves as a volunteer firefighter in a situation described
16-16 by Subsection (a)(2).
16-17 (c) The state agency that employs a person who requests
16-18 leave under this section shall verify the person's eligibility to
16-19 take the leave.
16-20 SECTION 8. Title 3, Agriculture Code, is amended by adding
16-21 Chapter 47 to read as follows:
16-22 CHAPTER 47. "GO TEXAN" PARTNER PROGRAM
16-23 Sec. 47.001. DEFINITIONS. For purposes of this chapter, the
16-24 following terms shall have the following meanings:
16-25 (1) "Commissioner" means the Commissioner of
16-26 Agriculture for the State of Texas.
17-1 (2) "Department" means the Texas Department of
17-2 Agriculture.
17-3 (3) "Texas agricultural product" means an
17-4 agricultural, horticultural, viticultural, or vegetable product,
17-5 bees, honey, fish or other seafood, planting seed, livestock, a
17-6 livestock product, a forestry product, poultry, or a poultry
17-7 product, either in its natural or processed state, that has been
17-8 produced, processed, or otherwise had value added to it in this
17-9 state.
17-10 Sec. 47.002. GENERAL AUTHORITY. The department shall
17-11 establish the "Go Texan" Partner Program to encourage the
17-12 development and expansion of markets for Texas agricultural
17-13 products through participation of eligible applicants who provide
17-14 funds to be matched for promotional marketing programs.
17-15 Sec. 47.003. ELIGIBLE APPLICANT. An eligible applicant
17-16 shall be:
17-17 (1) a state or regional nonprofit trade organization
17-18 that promotes the marketing and sale of Texas agricultural products
17-19 and does not stand to profit directly from specific sales of
17-20 agricultural commodities;
17-21 (2) a cooperative organization, as defined by
17-22 department rule;
17-23 (3) a state agency or board that promotes the sale of
17-24 agricultural commodities;
17-25 (4) a national nonprofit trade organization that
17-26 represents Texas producers and promotes the sale of Texas
18-1 agricultural products; or
18-2 (5) an eligible small business, as defined by
18-3 department rule.
18-4 Sec. 47.004. AUTHORITY OF THE DEPARTMENT. The department
18-5 shall administer the "Go Texan" Partner Program, and its duties
18-6 shall include:
18-7 (1) developing procedures for acceptance and
18-8 administration of funds received for the program, including
18-9 appropriations, gifts, license plate revenue and matching funds;
18-10 (2) developing application and selection procedures,
18-11 including procedures for soliciting applications and for screening
18-12 applications for review by the "Go Texan" Partner Program Board;
18-13 (3) developing a general promotional campaign for
18-14 Texas agricultural products and advertising campaigns for specific
18-15 Texas agricultural products based on project requests submitted by
18-16 successful applicants;
18-17 (4) developing advertising programs and promotional
18-18 materials for use by program participants and establishing
18-19 guidelines on advertising activities by participants; and
18-20 (5) contracting with media representatives for the
18-21 purpose of dispersing promotional materials.
18-22 Sec. 47.005. USE OF FUNDS. Funds received under this
18-23 chapter may only be used for activities promoting the sale of Texas
18-24 agricultural products. By rule, the department may allocate funds
18-25 to categories of eligible participants and to general or
18-26 product-specific promotional activities.
19-1 Sec. 47.006. ESTABLISHMENT OF FUND. (a) There is created a
19-2 special fund in the general revenue fund to be designated as the
19-3 "Go Texan" Partner Program Fund (Fund) to receive all monies
19-4 related to the "Go Texan" Partner Program, including money
19-5 appropriated to the Fund, and money received as matching funds,
19-6 gifts and grants, and revenue from the sale of "Go Texan" license
19-7 plates, as provided in Section 502.2761, Transportation Code.
19-8 (b) Money in the account is exempt from the application of
19-9 Section 403.095, Government Code.
19-10 (c) Income from money in the account shall be credited to
19-11 the account.
19-12 Sec. 47.007. "GO TEXAN" PARTNER PROGRAM BOARD. (a) The "Go
19-13 Texan" Partner Program board is composed of at least 8 members
19-14 appointed by the commissioner to assist the department in the
19-15 implementation of the "Go Texan" Partner Program.
19-16 (b) The board shall include the following members:
19-17 (1) one representative from the department;
19-18 (2) one representative from the United States
19-19 Department of Agriculture (USDA) Commodity Credit Corporation,
19-20 involved in the promotion of agricultural commodities;
19-21 (3) one representative each from the radio, print and
19-22 television advertising media;
19-23 (4) one representative from the advertising
19-24 profession;
19-25 (5) one consumer representative;
19-26 (6) two representatives from the agricultural
20-1 industry; and
20-2 (7) any other members deemed necessary by the
20-3 commissioner.
20-4 (b) A member of the board established under this section
20-5 serves at the pleasure of the commissioner.
20-6 (c) A member serves without compensation, but is entitled to
20-7 reimbursement for actual expenses incurred in the performance of
20-8 official board duties, subject to approval of the commissioner.
20-9 Money for expense reimbursement shall be deducted from the "Go
20-10 Texan" Partner Program Fund.
20-11 (d) An eligible applicant is not ineligible to participate
20-12 in the program established under this chapter solely because a
20-13 member of the board is also an officer, director, or employee of
20-14 the applicant organization, provided that the board member shall
20-15 recuse himself or herself from any action taken by the board on an
20-16 application involving that applicant organization.
20-17 (e) The board shall:
20-18 (1) review applications of eligible participants and
20-19 approve or deny funding under this chapter;
20-20 (2) advise the department on matters related to the
20-21 administration of the fund; and
20-22 (3) advise the department on the adoption of rules
20-23 relating to the administration of the "Go Texan" Partner Program.
20-24 (f) The commissioner shall provide the board with staff
20-25 necessary to assist the board in carrying out its duties under this
20-26 chapter.
21-1 Sec. 47.008. RULEMAKING AUTHORITY. The department shall
21-2 promulgate rules to administer this chapter including rules for the
21-3 use of the "Go Texan" logo. Rules adopted under this chapter shall
21-4 ensure that program administrative expenses shall not exceed 7% of
21-5 the average Fund balance for the fiscal year.
21-6 Sec. 47.009. ADMINISTRATIVE PENALTIES; CIVIL PENALTIES;
21-7 INJUNCTIVE RELIEF. (a) It is unlawful for a person to use,
21-8 reproduce or distribute the logo of the "Go Texan" Partner Program
21-9 without registering with the department or to otherwise violate the
21-10 provisions of this chapter or rules adopted thereunder. Any person
21-11 who violates any provisions of this chapter or regulations
21-12 promulgated under this chapter revokes his rights for logo use and
21-13 eligibility for funding.
21-14 (b) The department may assess an administrative penalty for
21-15 each violation as provided by Agriculture Code, Section 12.020.
21-16 (c) The state may assess a civil penalty not to exceed $500
21-17 for each violation. Each day that a violation continues may be
21-18 considered a separate violation for purposes of a civil penalty
21-19 assessment.
21-20 (d) On request of the department, the attorney general or
21-21 the county or district attorney of the county in which the
21-22 violation is alleged to have occurred shall file suit to collect
21-23 the penalty.
21-24 (e) A civil penalty collected under this section shall be
21-25 deposited with the state comptroller to the credit of the general
21-26 revenue fund.
22-1 (f) On request of the department, the attorney general or
22-2 the county or district attorney of the county in which the alleged
22-3 violation is threatened or is occurring shall file suit for
22-4 injunctive relief. Venue for an action brought under this
22-5 subsection is in Travis County.
22-6 SECTION 9. Subchapter F, Chapter 502, Transportation Code,
22-7 is amended by adding Section 502.2761 to read as follows:
22-8 Sec. 502.2761. "GO TEXAN" PARTNER PROGRAM FUND LICENSE
22-9 PLATES. (a) The department shall issue specially-designed "Go
22-10 Texan" Partner Program license plates for passenger cars and light
22-11 trucks.
22-12 (b) The license plates must include the words ""Go Texan""
22-13 and the ""Go Texan"" logo of the Texas Department of Agriculture
22-14 and must be of a color, quality and design approved by the Texas
22-15 Department of Agriculture.
22-16 (c) The department shall issue license plates under this
22-17 section to a person who:
22-18 (1) applies to the tax assessor-collector of the
22-19 county in which the person resides on the form for original
22-20 registration or annual renewal of registration provided by the
22-21 department;
22-22 (2) pays an annual fee of $30, in addition to the fee
22-23 prescribed by Section 502.161 or Section 502.162 of this chapter,
22-24 and if personalized prestige license plates are issued, in addition
22-25 to the fee prescribed by Section 502.251.
22-26 (c) The department shall deposit $25 of each fee collected
23-1 under this section to the credit of the "Go Texan" Partner Program
23-2 Fund account in the general revenue fund. Money in the account may
23-3 be used only by the Texas Department of Agriculture in establishing
23-4 promotional programs authorized by Chapter 47, Agriculture Code.
23-5 (d) The remainder of each fee collected under this section,
23-6 after deposit as provided by subsection (c), may be used only to
23-7 defray the cost of administering this section.
23-8 (e) If the owner of a vehicle registered under this section
23-9 disposes of the vehicle during the registration year, the owner
23-10 shall return the special license plates to the department.
23-11 SECTION 10. Section 12.020, Agriculture Code, is amended to
23-12 read as follows:
23-13 Sec. 12.020. Administrative Penalties.
23-14 (c) The provisions of this code subject to this section and
23-15 the applicable penalty amounts are as follows:
23-16 Provisions Maximum Penalty
23-17 Chapters 13, 14, 18, 47, 61, 94, 95,
23-18 101, 102, 103, 121, 125, 132, and 134 $500
23-19 Subchapter B, Chapter 71
23-20 Chapter 19
23-21 Chapters 75 and 76 $2,000
23-22 Subchapters A and C, Chapter 71
23-23 Chapters 72, 73 and 74 $5,000
23-24 SECTION 11. This Act takes effect September 1, 1999.
23-25 SECTION 12. The importance of this legislation and the
23-26 crowded condition of the calendars in both houses create an
24-1 emergency and an imperative public necessity that the
24-2 constitutional rule requiring bills to be read on three several
24-3 days in each house be suspended, and this rule is hereby suspended.