77R9068 BDH-D
By McReynolds, Christian, Flores, Swinford H.B. No. 1797
Substitute the following for H.B. No. 1797:
By Green C.S.H.B. No. 1797
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the "Go Texan" partner program and other programs and
1-3 measures to promote Texas agriculture and agricultural products.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.002, Agriculture Code, is amended to
1-6 read as follows:
1-7 Sec. 12.002. DEVELOPMENT OF AGRICULTURE. The department
1-8 shall encourage the proper development and promotion of
1-9 agriculture, horticulture, and related industries.
1-10 SECTION 2. Section 12.0175, Agriculture Code, is amended to
1-11 read as follows:
1-12 Sec. 12.0175. GROWN IN TEXAS PROGRAM. (a) The [If the]
1-13 department by rule may establish [establishes] a program to promote
1-14 and market agricultural products grown or processed in the state or
1-15 products made from ingredients grown in the state.
1-16 (b) The [, the] department may charge a membership fee [not
1-17 to exceed $50], as provided by department rule, for each
1-18 participant [producer that participates] in the program[. The fee
1-19 shall be designed to recover the costs of promotion].
1-20 (c) The department may adopt rules necessary to administer a
1-21 program established under this section, including rules governing
1-22 the use of any registered logo of the department.
1-23 (d) The department may revoke or cancel a certificate of
1-24 registration or license issued under a program established under
2-1 this section if a participant fails to comply with a rule adopted
2-2 by the department.
2-3 SECTION 3. Section 46.002, Agriculture Code, as added by
2-4 Section 2, Chapter 186, Acts of the 76th Legislature, Regular
2-5 Session, 1999, is amended to read as follows:
2-6 Sec. 46.002. DEFINITION. In this chapter "Texas agricultural
2-7 product" means an agricultural, apicultural, horticultural,
2-8 silvicultural, viticultural, or vegetable product, either in its
2-9 natural or processed state, that has been produced, processed, or
2-10 otherwise had value added to the product in this state, including:
2-11 (1) equine species [bees];
2-12 (2) feed for use by livestock or poultry [honey];
2-13 (3) fish or other aquatic species [seafood];
2-14 (4) [a forestry product;]
2-15 [(5)] livestock, [or] a livestock product, or a
2-16 livestock by-product;
2-17 (5) [(6)] planting seed; [or]
2-18 (6) [(7)] poultry, [or] a poultry product, or a
2-19 poultry by-product; or
2-20 (7) wildlife processed for food or by-products.
2-21 SECTION 4. Sections 46.008(a) and (b), Agriculture Code, as
2-22 added by Section 2, Chapter 186, Acts of the 76th Legislature,
2-23 Regular Session, 1999, are amended to read as follows:
2-24 (a) The "Go Texan" partner program account is an account in
2-25 the general revenue fund. The account is composed of:
2-26 (1) legislative appropriations;
2-27 (2) gifts, grants, donations, and matching funds
3-1 received under Subsection (b);
3-2 (3) money required to be deposited in the account
3-3 under Section 502.2761, Transportation Code; and
3-4 (4) other money required by law to be deposited in the
3-5 account.
3-6 (b) The department may solicit and accept gifts in kind,
3-7 donations, and grants of money from the federal government, local
3-8 governments, private corporations, or other persons to be used for
3-9 the purposes of this chapter.
3-10 SECTION 5. Sections 46.009(a) and (c), Agriculture Code, as
3-11 added by Section 2, Chapter 186, Acts of the 76th Legislature,
3-12 Regular Session, 1999, are amended to read as follows:
3-13 (a) Funds received under this chapter may only be used for
3-14 activities promoting the sale of Texas agricultural products. The
3-15 department by rule may allocate funds to categories of eligible
3-16 participants and to general or product-specific promotional
3-17 activities. The department may use the funds in an amount not to
3-18 exceed $5,000 in a state fiscal year for the purchase of food and
3-19 beverage refreshments at "Go Texan" promotional events.
3-20 (c) The payment of the administrative expenses under the
3-21 program may not exceed seven percent of the amount of the
3-22 legislative appropriation each biennium for the "Go Texan" partner
3-23 program [average] account [balance for the fiscal year].
3-24 SECTION 6. Chapter 46, Agriculture Code, as added by Section
3-25 2, Chapter 186, Acts of the 76th Legislature, Regular Session,
3-26 1999, is amended by adding Section 46.0095 to read as follows:
3-27 Sec. 46.0095. SALE OF PROMOTIONAL ITEMS. (a) The department
4-1 may sell or contract for the sale of "Go Texan" promotional items,
4-2 including clothing, posters, and banners, designed to promote Texas
4-3 agricultural products. The department may use its Internet website
4-4 to advertise and sell those items.
4-5 (b) Money received from the sale of promotional items under
4-6 this section shall be deposited to the credit of the "Go Texan"
4-7 partner program account in the general revenue fund.
4-8 SECTION 7. Section 46.010(b), Agriculture Code, as added by
4-9 Section 2, Chapter 186, Acts of the 76th Legislature, Regular
4-10 Session, 1999, is amended to read as follows:
4-11 (b) The board shall include:
4-12 (1) one representative [two representatives] from the
4-13 department;
4-14 (2) one representative from the United States
4-15 Department of Agriculture (USDA) Commodity Credit Corporation,
4-16 involved in the promotion of agricultural commodities, who shall
4-17 serve as a nonvoting member of the board and is not a member for
4-18 purposes of establishing a quorum;
4-19 (3) one representative each from the radio, print, and
4-20 television advertising media;
4-21 (4) one representative from the advertising
4-22 profession;
4-23 (5) one consumer representative; [and]
4-24 (6) one representative from the Internet website or
4-25 electronic commerce industry;
4-26 (7) one representative with demonstrated expertise in
4-27 economic analysis; and
5-1 (8) other members the commissioner determines as
5-2 necessary for the purposes of this chapter.
5-3 SECTION 8. Section 502.2761(a), Transportation Code, is
5-4 amended to read as follows:
5-5 (a) The department shall issue specially designed license
5-6 plates for the following vehicles [passenger cars and light trucks]
5-7 to support the promotion of Texas agricultural products:
5-8 (1) farm vehicles, including farm tractors, farm
5-9 trailers, and farm semitrailers;
5-10 (2) passenger cars and light trucks; and
5-11 (3) truck tractors, semitrailers, and other commercial
5-12 motor vehicles.
5-13 SECTION 9. This Act takes effect immediately if it receives
5-14 a vote of two-thirds of all the members elected to each house, as
5-15 provided by Section 39, Article III, Texas Constitution. If this
5-16 Act does not receive the vote necessary for immediate effect, this
5-17 Act takes effect September 1, 2001.