By Brown of Brazos H.B. No. 153
77R1184 JMG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to developing an international trade and development
1-3 program for Texas-grown agricultural products.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 3, Agriculture Code, is amended by adding
1-6 Chapter 46A to read as follows:
1-7 CHAPTER 46A. INTERNATIONAL AGRICULTURE TRADE AND DEVELOPMENT
1-8 Sec. 46A.001. FINDINGS. (a) The legislature finds that:
1-9 this state needs an international agriculture trade and development
1-10 program to increase prosperity in Texas agricultural products and
1-11 expand the markets for Texas agricultural products; foreign markets
1-12 require products that Texas can produce but does not;
1-13 specifications of products used abroad need to be assessed, ways of
1-14 producing these products in Texas need to be developed and
1-15 introduced, and, in turn, these products must be promoted abroad;
1-16 alliances and loyalties between Texas and foreign trading partners
1-17 can be built through cooperative research and education; rural
1-18 communities in Texas need knowledge and understanding of other
1-19 countries, languages, cultures, economies, emerging trends, and the
1-20 global marketplace; and an integrated statewide program for
1-21 international agriculture trade and development is needed.
1-22 (b) The legislature further finds that the Department of
1-23 Agriculture, linked by memoranda of agreement with the agriculture
1-24 programs of The Texas A&M University System and Texas Tech
2-1 University, is the proper department to:
2-2 (1) prepare rural communities to respond to
2-3 international agriculture trade opportunities;
2-4 (2) develop usage of Texas agricultural products in
2-5 other countries;
2-6 (3) promote the development of new agricultural
2-7 processes and new Texas products to meet foreign demand;
2-8 (4) conduct international training, education, and
2-9 research exchanges on which to base future trade relations;
2-10 (5) link Texas programs and interests to current
2-11 externally funded national and global programs in international
2-12 agriculture and rural development; and
2-13 (6) advertise Texas agricultural products
2-14 internationally.
2-15 Sec. 46A.002. DEFINITIONS. In this chapter:
2-16 (1) "Program" means the International Agriculture
2-17 Trade and Development Partner Program.
2-18 (2) "Texas agricultural product" has the meaning
2-19 assigned by Section 46.002.
2-20 Sec. 46A.003. GENERAL AUTHORITY. The department shall
2-21 establish and maintain the International Agriculture Trade and
2-22 Development Partner Program to encourage the development and
2-23 expansion of foreign markets for Texas agricultural products
2-24 through participation of eligible applicants who provide funds to
2-25 be matched for promotional trade, development, and marketing
2-26 programs implemented by the department.
2-27 Sec. 46A.004. ELIGIBLE APPLICANT. An eligible applicant
3-1 must be:
3-2 (1) a state or regional organization or board that
3-3 promotes the marketing and sale of Texas agricultural products and
3-4 does not stand to profit directly from specific sales of
3-5 agricultural commodities;
3-6 (2) a cooperative organization, as defined by
3-7 department rule;
3-8 (3) a state agency or board that promotes the
3-9 marketing and sale of agricultural commodities;
3-10 (4) a national organization or board that represents
3-11 Texas producers and promotes the marketing and sale of Texas
3-12 agricultural products;
3-13 (5) an eligible small business, as defined by
3-14 department rule; or
3-15 (6) any other entity that promotes the marketing and
3-16 sale of Texas agricultural products, as determined by the
3-17 department.
3-18 Sec. 46A.005. DUTIES. The department shall administer the
3-19 program. The duties of the department in administering the program
3-20 include:
3-21 (1) developing procedures for acceptance and
3-22 administration of funds received to administer the program,
3-23 including appropriations, gifts, and matching funds;
3-24 (2) developing application and selection procedures,
3-25 including procedures for soliciting and accepting applications and
3-26 screening applications for review by the program advisory board;
3-27 (3) developing an international promotional campaign
4-1 for Texas agricultural products and international advertising
4-2 campaigns for specific agricultural products based on project
4-3 requests submitted by successful applicants;
4-4 (4) developing international advertising programs and
4-5 promotional materials for use by program participants and
4-6 establishing guidelines on advertising activities by participants;
4-7 (5) contracting with media representatives for the
4-8 purpose of dispersing promotional materials; and
4-9 (6) receiving matching funds from program participants
4-10 and donations or grants from any source, and establishing internal
4-11 reporting requirements for use of funds.
4-12 Sec. 46A.006. REQUIREMENTS FOR PARTICIPATION. To be
4-13 eligible for participation in the program through the use of
4-14 matching funds under this chapter, an organization must:
4-15 (1) be an eligible applicant under Section 46A.004 of
4-16 this chapter;
4-17 (2) prepare and submit a project request and
4-18 application as provided by department rule; and
4-19 (3) meet any other requirement established by
4-20 department rule.
4-21 Sec. 46A.007. PROJECT REQUESTS. (a) A project request
4-22 submitted by an eligible participant must describe the
4-23 international advertising or other international market-oriented
4-24 promotional activities to be carried out by the department using
4-25 matching funds.
4-26 (b) The department may not approve a project request
4-27 submitted under this section unless the request includes:
5-1 (1) a specific description of the project and how
5-2 assistance received under this chapter could be expended in
5-3 implementing the request;
5-4 (2) a description of anticipated benefits to be
5-5 achieved as a result of the international marketing promotional
5-6 program; and
5-7 (3) additional information as required by the
5-8 department.
5-9 Sec. 46A.008. INTERNATIONAL AGRICULTURE TRADE AND
5-10 DEVELOPMENT PARTNER PROGRAM ACCOUNT. (a) The International
5-11 Agriculture Trade and Development Partner Program account is an
5-12 account in the general revenue fund. The account is composed of:
5-13 (1) legislative appropriations;
5-14 (2) gifts, grants, and matching funds received under
5-15 Subsection (b); and
5-16 (3) other money required by law to be deposited in the
5-17 account.
5-18 (b) The department may solicit and accept gifts in kind and
5-19 grants of money from the federal government, local governments,
5-20 private corporations, or other persons to be used for the purposes
5-21 of this chapter.
5-22 (c) Money in the account may be appropriated to the
5-23 department only for the purpose of implementing and maintaining the
5-24 program.
5-25 (d) Income from money in the account shall be credited to
5-26 the account.
5-27 (e) The account is exempt from the application of Section
6-1 403.095, Government Code.
6-2 Sec. 46A.009. USE OF FUNDS. (a) Funds received under this
6-3 chapter may only be used for activities promoting the international
6-4 sale of Texas agricultural products. The department by rule may
6-5 allocate funds to categories of eligible participants and to
6-6 general or product-specific promotional activities.
6-7 (b) The department shall adopt rules to ensure that money in
6-8 the International Agriculture Trade and Development Partner Program
6-9 account is used only for the purposes prescribed under this
6-10 section.
6-11 (c) The payment of the administrative expenses under the
6-12 program may not exceed seven percent of the average account balance
6-13 for the fiscal year.
6-14 Sec. 46A.010. INTERNATIONAL AGRICULTURE TRADE AND
6-15 DEVELOPMENT PARTNER PROGRAM ADVISORY BOARD. (a) The International
6-16 Agriculture Trade and Development Partner Program Advisory Board is
6-17 composed of at least eight members appointed by the commissioner to
6-18 assist the department in the implementation of the program.
6-19 (b) The board shall include:
6-20 (1) two representatives from the department;
6-21 (2) one representative from the United States
6-22 Department of Agriculture (USDA) Commodity Credit Corporation
6-23 involved in the promotion of agricultural commodities;
6-24 (3) one representative each from the radio, print, and
6-25 television advertising media;
6-26 (4) one representative from the advertising
6-27 profession;
7-1 (5) one consumer representative; and
7-2 (6) other members the commissioner determines as
7-3 necessary for the purposes of this chapter.
7-4 (c) A member of the advisory board serves at the pleasure of
7-5 the commissioner.
7-6 (d) A member serves without compensation but is entitled to
7-7 reimbursement for actual expenses incurred in the performance of
7-8 official board duties, subject to approval of the commissioner.
7-9 Money for expense reimbursement shall be deducted from the
7-10 International Agriculture Trade and Development Partner Program
7-11 account.
7-12 (e) Except as provided by Subsection (d), Chapter 2110,
7-13 Government Code, does not apply to the board.
7-14 (f) An eligible applicant is not ineligible to participate
7-15 in the program established under this chapter solely because a
7-16 board member is also an officer, director, or employee of the
7-17 applicant organization, provided that the board member shall be
7-18 recused from an action taken by the board on an application
7-19 involving an applicant organization with which the board member
7-20 serves as an officer, director, or employee.
7-21 (g) The board shall:
7-22 (1) review applications of eligible participants and
7-23 approve or deny funding under this chapter;
7-24 (2) advise the department on matters related to the
7-25 administration of the account; and
7-26 (3) advise the department on the adoption of rules
7-27 relating to the administration of the program.
8-1 (h) The commissioner shall provide the board with staff
8-2 necessary to assist the board in carrying out its duties under this
8-3 chapter.
8-4 Sec. 46A.011. CRITERIA FOR ALLOCATION OF FUNDS. The
8-5 department shall by rule and with the advice of the board establish
8-6 criteria for allocation of funds to participant projects. Rules
8-7 adopted under this section must include:
8-8 (1) the factors to be considered in evaluating
8-9 projects; and
8-10 (2) a maximum funding amount for each project.
8-11 Sec. 46A.012. RULEMAKING AUTHORITY. The department shall
8-12 adopt rules to administer this chapter.
8-13 Sec. 46A.013. ADMINISTRATIVE PENALTIES; CIVIL PENALTIES;
8-14 INJUNCTIVE RELIEF. (a) In addition to the other provisions of
8-15 this chapter, a person violates this chapter if the person violates
8-16 a rule adopted by the department under this chapter.
8-17 (b) A person who violates this chapter is ineligible for a
8-18 grant of funds under this chapter.
8-19 (c) The department may assess an administrative penalty as
8-20 provided by Section 12.020 against a person who violates this
8-21 chapter.
8-22 (d) A person who violates this chapter is subject to a civil
8-23 penalty not to exceed $500 for each violation. Each day that a
8-24 violation continues may be considered a separate violation for
8-25 purposes of a civil penalty assessed under this chapter.
8-26 (e) At the request of the department, the attorney general
8-27 or the county or district attorney of the county in which the
9-1 violation is alleged to have occurred shall file suit to collect
9-2 the civil penalty.
9-3 (f) A civil penalty collected under this section shall be
9-4 deposited to the credit of the general revenue fund.
9-5 (g) At the request of the department, the attorney general
9-6 or the county or district attorney of the county in which the
9-7 alleged violation is threatened to occur or is occurring shall file
9-8 suit for the appropriate injunctive relief to prevent or abate a
9-9 violation of this chapter. Venue for an action brought under this
9-10 subsection is in Travis County.
9-11 SECTION 2. Section 12.020(c), Agriculture Code, is amended to
9-12 read as follows:
9-13 (c) The provisions of this code subject to this section and
9-14 the applicable penalty amounts are as follows:
9-15 Provision
9-16
9-17 Maximum Penalty
9-18 Chapters 13, 14, 18, 46, 46A, 61,
9-19 94, 95, 101, 102, 103, 121, 125,
9-20 132, and 134
9-21 $500
9-22 Subchapter B, Chapter 71
9-23 Chapter 19
9-24 Chapters 75 and 76
9-25 $2,000
9-26 Subchapters A and C, Chapter 71
9-27 Chapters 72, 73, and 74
10-1 $5,000.
10-2 SECTION 3. This Act takes effect September 1, 2001.