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


Senate Research Center   S.B. 571
77R3127 BDH-FBy: Lucio
Natural Resources
2/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, 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. As proposed, 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, to require 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. Authorizes the department to charge a membership fee,
as provided by department rule, for each participant, rather than producer
that participates, in the program. Requires the fee to be used, rather than
designed, to recover the costs of administering the program, rather than
promotion. 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. 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 gifts, grants, donations,
and matching 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, to authorize 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. Makes a conforming change. 

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. 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.
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 one representative, rather than two
representatives, from the department, one representative from the United
States Department of Agriculture (USDA) Commodity Credit Corporation,
involved in the promotion of agricultural commodities, who is required to
serve as a nonvoting member of the board and is not a member for purposes
of establishing a quorum and certain other 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.