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