1-1 By: Lucio S.B. No. 571
1-2 (In the Senate - Filed February 7, 2001; February 8, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 1, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 1, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 571 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the "Go Texan" partner program and other programs and
1-11 measures to promote Texas agriculture and agricultural products.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 12.002, Agriculture Code, is amended to
1-14 read as follows:
1-15 Sec. 12.002. DEVELOPMENT OF AGRICULTURE. The department
1-16 shall encourage the proper development and promotion of
1-17 agriculture, horticulture, and related industries.
1-18 SECTION 2. Section 12.0175, Agriculture Code, is amended to
1-19 read as follows:
1-20 Sec. 12.0175. GROWN IN TEXAS PROGRAM. (a) The [If the]
1-21 department by rule may establish [establishes] a program to promote
1-22 and market agricultural products grown or processed in the state or
1-23 products made from ingredients grown in the state.
1-24 (b) The[, the] department may charge a membership fee [not
1-25 to exceed $50], as provided by department rule, for each
1-26 participant [producer that participates] in the program. The fee
1-27 shall be used [designed] to recover the costs of administering the
1-28 program [promotion].
1-29 (c) The department may adopt rules necessary to administer a
1-30 program established under this section, including rules governing
1-31 the use of any registered logo of the department.
1-32 (d) The department may revoke or cancel a certificate of
1-33 registration or license issued under a program established under
1-34 this section if a participant fails to comply with a rule adopted
1-35 by the department.
1-36 SECTION 3. Section 46.002, Agriculture Code, as added by
1-37 Section 2, Chapter 186, Acts of the 76th Legislature, Regular
1-38 Session, 1999, is amended to read as follows:
1-39 Sec. 46.002. DEFINITION. In this chapter "Texas
1-40 agricultural product" means an agricultural, apicultural,
1-41 horticultural, silvicultural, viticultural, or vegetable product,
1-42 either in its natural or processed state, that has been produced,
1-43 processed, or otherwise had value added to the product in this
1-44 state, including:
1-45 (1) equine species [bees];
1-46 (2) feed for use by livestock or poultry [honey];
1-47 (3) fish or other aquatic species [seafood];
1-48 (4) [a forestry product;]
1-49 [(5)] livestock, [or] a livestock product, or a
1-50 livestock by-product;
1-51 (5) [(6)] planting seed; [or]
1-52 (6) [(7)] poultry, [or] a poultry product, or a
1-53 poultry by-product; or
1-54 (7) wildlife processed for food or by-products.
1-55 SECTION 4. Subsections (a) and (b), Section 46.008,
1-56 Agriculture Code, as added by Section 2, Chapter 186, Acts of the
1-57 76th Legislature, Regular Session, 1999, are amended to read as
1-58 follows:
1-59 (a) The "Go Texan" partner program account is an account in
1-60 the general revenue fund. The account is composed of:
1-61 (1) legislative appropriations;
1-62 (2) gifts, grants, donations, and matching funds
1-63 received under Subsection (b);
1-64 (3) money required to be deposited in the account
2-1 under Section 502.2761, Transportation Code; and
2-2 (4) other money required by law to be deposited in the
2-3 account.
2-4 (b) The department may solicit and accept gifts in kind,
2-5 donations, and grants of money from the federal government, local
2-6 governments, private corporations, or other persons to be used for
2-7 the purposes of this chapter.
2-8 SECTION 5. Subsections (a) and (c), Section 46.009,
2-9 Agriculture Code, as added by Section 2, Chapter 186, Acts of the
2-10 76th Legislature, Regular Session, 1999, are amended to read as
2-11 follows:
2-12 (a) Funds received under this chapter may only be used for
2-13 activities promoting the sale of Texas agricultural products. The
2-14 department by rule may allocate funds to categories of eligible
2-15 participants and to general or product-specific promotional
2-16 activities. The department may use the funds in an amount not to
2-17 exceed $5,000 in a state fiscal year for the purchase of food and
2-18 beverage refreshments at "Go Texan" promotional events.
2-19 (c) The payment of the administrative expenses under the
2-20 program may not exceed seven percent of the amount of the
2-21 legislative appropriation each biennium for the "Go Texan" partner
2-22 program [average] account [balance for the fiscal year].
2-23 SECTION 6. Chapter 46, Agriculture Code, as added by Section
2-24 2, Chapter 186, Acts of the 76th Legislature, Regular Session,
2-25 1999, is amended by adding Section 46.0095 to read as follows:
2-26 Sec. 46.0095. SALE OF PROMOTIONAL ITEMS. (a) The
2-27 department may sell or contract for the sale of "Go Texan"
2-28 promotional items, including clothing, posters, and banners,
2-29 designed to promote Texas agricultural products. The department
2-30 may use its Internet website to advertise and sell those items.
2-31 (b) Money received from the sale of promotional items under
2-32 this section shall be deposited to the credit of the "Go Texan"
2-33 partner program account in the general revenue fund.
2-34 SECTION 7. Subsection (b), Section 46.010, Agriculture Code,
2-35 as added by Section 2, Chapter 186, Acts of the 76th Legislature,
2-36 Regular Session, 1999, is amended to read as follows:
2-37 (b) The board shall include:
2-38 (1) one representative [two representatives] from the
2-39 department;
2-40 (2) one representative from the United States
2-41 Department of Agriculture (USDA) Commodity Credit Corporation,
2-42 involved in the promotion of agricultural commodities, who shall
2-43 serve as a nonvoting member of the board and is not a member for
2-44 purposes of establishing a quorum;
2-45 (3) one representative each from the radio, print, and
2-46 television advertising media;
2-47 (4) one representative from the advertising
2-48 profession;
2-49 (5) one consumer representative; [and]
2-50 (6) one representative from the Internet website or
2-51 electronic commerce industry;
2-52 (7) one representative with demonstrated expertise in
2-53 economic analysis; and
2-54 (8) other members the commissioner determines as
2-55 necessary for the purposes of this chapter.
2-56 SECTION 8. Subsection (a), Section 502.2761, Transportation
2-57 Code, is amended to read as follows:
2-58 (a) The department shall issue specially designed license
2-59 plates for the following vehicles [passenger cars and light trucks]
2-60 to support the promotion of Texas agricultural products:
2-61 (1) farm vehicles, including farm tractors, farm
2-62 trailers, and farm semitrailers;
2-63 (2) passenger cars and light trucks; and
2-64 (3) truck-tractors, semitrailers, and other commercial
2-65 motor vehicles.
2-66 SECTION 9. This Act takes effect immediately if it receives
2-67 a vote of two-thirds of all the members elected to each house, as
2-68 provided by Section 39, Article III, Texas Constitution. If this
2-69 Act does not receive the vote necessary for immediate effect, this
3-1 Act takes effect September 1, 2001.
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