SRC-MWN S.B. 571 77(R)BILL ANALYSIS


Senate Research CenterS.B. 571
By: Lucio
Natural Resources
5/17/2001
Enrolled


DIGEST AND PURPOSE 

The Texas Agriculture Code encourages but does not require the promotion of
agriculture and the administration of the Go Texan and the Go Texan Partner
Program (GOTEPP) and does not provide for the marketing of agriculture,
horticulture and related industries. S.B. 571 authorizes the Texas
Department of Agriculture (TDA) to market the Go Texan program through the
sales of promotional merchandise and the conducting of promotional events,
to change the membership criteria for the Go Texan Partner Program (GOTEPP)
Advisory Board, and to allow a greater variety of vehicles to legally
display Texas Agricultural Products License Plates. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Agriculture
in SECTION 2 (Section 12.0175, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.002, Agriculture Code, to require the
Department of Agriculture (department) to encourage the proper development
and promotion of agriculture, horticulture, and related industries. 

SECTION 2. Amends Section 12.0175, Agriculture Code, as follows:

(a) Requires the department by rule to establish a program to promote and
market agriculture products grown or processed in the state or products
made from ingredients grown in the state.  

(b) Authorizes the department to charge a membership fee, as provided by
department rule, for each participant, rather than producer that
participates, in the program. Deletes text requiring the fee designed to
recover the costs of promotion.  

(c) Authorizes the department to adopt rules necessary to administer a
program established under this section, including rules governing the use
of any registered logo of the department.  

(d) Authorizes the department to revoke or cancel a certificate of
registration or license issued under a program established under this
section of a participant fails to comply with a rule adopted by the
department. Deletes text regarding membership fee not to exceed $50. Makes
conforming changes. 

SECTION 3. Amends Section 46.002, Agriculture Code, as added by Section 2,
Chapter 186, Acts of the 76th Legislature, Regular Session, 1999, to
redefine "Texas agricultural product." 

SECTION 4. Amends Sections 46.008(a) and (b), Agriculture Code, as added by
Section 2, Chapter 186, Acts of the 76th Legislature, Regular Session,
1999, to provide that the account is composed of certain funds received
under Subsection (b). Makes a conforming change. 
 
SECTION 5. Amends Sections 46.009(a) and (c), Agriculture Code, as added by
Section 2, Chapter 186, Acts of the 76th Legislature, Regular Session,
1999, as follows: 

(a) Authorizes the department to use the 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" partner program account, rather than balance for
the fiscal year.  

(c) Prohibits the payment of the administrative expenses under the program
from exceeding seven percent of the amount of the legislative appropriation
each biennium for the "Go Texan" partner program account. Deletes reference
to account. Deletes text regarding balance for the fiscal year. 

SECTION 6. Amends Chapter 46, Agriculture Code, as added by Section 2,
Chapter 186, Acts of the 76th Legislature, Regular Session, 1999, by adding
Section 46.0095, as follows: 

Sec. 46.0095. SALE OF PROMOTIONAL ITEMS. (a) Authorizes the department to
sell or contract for the sale of  "Go Texan" promotional and certain other
items, designed to promote Texas agricultural products. Authorizes the
department to use its Internet website to advertise and sell those items.  

(b) Requires money received from the sale of promotional items under this
section to be deposited to the credit of the "Go Texan" partner program
account in the general revenue fund. 

SECTION 7. Amends Section 46.010(b), Agriculture Code, as added by Section
2, Chapter 186, Acts of the 76th Legislature, Regular Session, 1999, to
require the board to include certain representatives. 

SECTION 8. Amends Section 502.2761(a), Transportation Code, to require the
department to issue specially designed license plates for certain vehicles.
Makes a conforming change. 

SECTION 9. Effective date: upon passage or September 1, 2001.