HBA-BSM C.S.H.B. 1797 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1797
By: McReynolds
Agriculture & Livestock
3/14/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

The 76th legislature established  the "Go Texan" Partner Program (GOTEPP),
a program of the Texas Department of Agriculture to increase consumer
awareness, expand the markets for, and  promote Texas agricultural
products.  C.S.H.B. 1797 amends provisions of GOTEPP to allow the program
to operate more efficiently. 

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Agriculture in
SECTION 2 (Section 12.0175, Agriculture Code) of this bill.  

ANALYSIS

C.S.H.B. 1797 amends the Agriculture Code to require the Department of
Agriculture (department) to encourage the promotion of agriculture,
horticulture, and related industries.  C.S.H.B. 1797 authorizes the
department to establish by rule a program to promote and market
agricultural products grown or processed in the state or products made from
ingredients grown in the state.   The bill deletes provisions regarding the
membership fee for the program and authorizes the department to adopt rules
to administer the program, including rules governing the use of any
registered logo of the department. The department is authorized to revoke
or cancel a certificate of registration or license issued under a program
established by the department if a participant fails to comply with a rule
adopted by the department. 

The bill adds equine species, livestock or poultry feed, livestock or
poultry by-products, wildlife processed for food or by-products, and
apicultural and silvicultural products into the definition of a "Texas
agricultural product" for the purposes of the 'Go Texan' Partner Program
(GOTEPP).  The bill authorizes the department to solicit and accept
donations.  The department is authorized to use funds in an amount not to
exceed $5,000 in a state fiscal year for the purchase of food and beverage
refreshments at "Go Texan" promotional events.  The bill provides that the
payment of administrative expenses under GOTEPP may not exceed 7 percent of
the amount of the legislative appropriation each biennium for GOTEPP.  The
bill also authorizes the department to sell or contract for the sale of "Go
Texan" promotional items and to use its Internet website to advertise and
sell those items.   Money received from the sale of promotional items is
required to be deposited to the credit of the GOTEPP account in the general
revenue fund.  The bill also modifies the composition of the GOTEPP
advisory board. 

C.S.H.B. 1797 amends the Transportation Code to require the Department of
Transportation to issue specially designed license plates for farm
vehicles, passenger vehicles, and commercial motor vehicles to support the
promotion of Texas agricultural products.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1797 differs from the original to conform it to Texas Legislative
Council format.