Amend Floor Amendment No. 34 to CSHB 7 as follows:
Strike everything below page 1, line 2 and insert the
following.
ARTICLE ____. PROMOTION PARTNERSHIP BETWEEN THE
TEXAS DEPARTMENT OF AGRICULTURE AND
CERTAIN COMMODITY PRODUCERS BOARDS
SECTION ____.1. Sec. 12.0176, Agriculture Code, is amended
to read as follows:
Sec. 12.0176 Cooperation with Certain Commodity Producers
Boards. The department, may as resources allow, enter into
cooperative agreements with a board in order to increase the
effectiveness and efficiency of the promotion of Texas agricultural
products. Such cooperative agreements may include provisions
relating to the programs instituted by the department under Chs. 12
and 46 of this Code, provisions relating to board contributions for
promotional costs, and any other provisions the department and the
board deem appropriate. Funds contributed by a board pursuant to an
agreement under this section are not state funds.
SECTION ____.2. Sec. 41.002(1), Agriculture Code, is
amended to read as follows:
(1) "Agricultural commodity" means an agricultural,
horticultural, viticulture, or vegetable product, bees and honey,
planting seed, rice, livestock or livestock product, or poultry or
poultry product, produced in this state, either in its natural
state or as processed by the producer. The term does not include
flax. [or cattle.]
SECTION ____.3. Subchapter H, Agriculture Code, is added to
read as follows:
SUBCHAPTER H. TEXAS BEEF MARKETING, EDUCATION,
RESEARCH AND PROMOTION
SECTION ____.4. Sec. 41.30, Agriculture Code, is added to
read as follows:
Sec. 41.30. Declaration of Policy
(a) It is the intent of the Legislature that the promotion,
marketing, research and educational efforts concerning beef and
beef products carried out under this Subchapter utilize existing
cattle industry infrastructure to the extent possible.
(b) The Texas Beef Council, Inc, a Texas non-profit
corporation chartered by the Secretary of State on March 7, 1986,
shall be recognized as the entity to plan, carry out and operate
programs of research, education, promotion and marketing programs.
(c) The Department may recover costs for administration of
this subchapter.
(d) The council shall issue to the commissioner and the and
the appropriate oversight committee in the Senate and House of
Representatives an annual report detailing its efforts to carry out
the purposes of this subchapter.
SECTION ____.5. Sec. 41.31, Agriculture Code, is added to
read as follows:
Sec. 41.31, Conflict with General Commodity Law Provisions.
To the extent that the provisions of this subchapter conflict with
other provisions of this chapter, the provisions of this subchapter
shall prevail.
SECTION ____.6. Sec. 41.32, Agriculture Code, is added to
read as follows:
Sec. 41.32 Definitions
In this subchapter:
(1) "beef products" means products produced in whole
or in part from beef, exclusive of milk and products made there
from.
(2) "board" means the Board of Directors of the Texas
Beef Council, Inc.
(3) "council" means the Texas Beef Council, Inc.
(4) "department" means the Texas Department of
Agriculture.
(5) "commissioner" means the Commissioner of
Agriculture.
(6) "person" means any individual, group of
individuals, partnership, corporation, association, cooperative or
any other entity.
(7) "producer" means any person who owns or acquires
ownership of cattle except that a person shall not be considered to
be a producer if the person's only share in the proceeds of a sale of
cattle or beef is a sales commission, handling fee, or other service
fee.
SECTION ____.7. Sec. 41.33, Agriculture Code, is added to
read as follows:
Sec. 41.33 Council Composition
(a) The board shall be composed of members appointed by the
commissioner under Subsection (b) of this section. The
commissioner shall appoint an initial board composed of 21 members.
(b) The commissioner shall appoint the following board
members, for a one year term:
(1) three (3) representatives of the Texas and
Southwestern Cattle Raisers Association;
(2) three (3) representatives of the Texas Cattle
Feeders Association;
(3) three (3) representatives of the Texas Farm
Bureau;
(4) two (2) representatives of the Independent
Cattleman's Association;
(5) two (2) representatives of Texas purebred cattle
associations, as a group;
(6) two (2) representatives of Texas dairy
associations, as a group;
(7) two (2) representatives of Livestock Marketing
Association of Texas;
(8) one (1) representative of meat packer/exporter
associations, as a group;
(9) one (1) representative of Texas Cattle Women; and
(10) two (2) at-large directors.
(c) A vacancy on the board shall be filled by appointment by
the commissioner for the unexpired term.
SECTION ____.7. Sec. 41.34, Agriculture Code, is added to
read as follows:
Sec. 41.34 Establishment, Collection of Assessment;
Finances.
(a) The commissioner, on the recommendation of the council,
shall propose the maximum assessment in a referendum.
(b) If an assessment referendum is approved, the council
shall collect the assessment.
(c) An assessment levied on cattle producers may be applied
to efforts relating to the marketing, education, research and
promotion of beef and beef products in Texas, the United States and
international markets.
(d) Prior to operations each year the commissioner shall
review and approve the council's operating budget.
(e) Funds collected by the council are not state funds and
are not required to be deposited in the state treasury.
(f) The council may:
(1) accept gifts, donations, and grants of money,
including appropriated funds, from state government, federal
government, local governments, private corporations, or other
persons, to be used for the purposes of this subchapter;
(2) borrow money upon approval of the commissioner;
and
(3) take other action and exercise other authority as
necessary to execute any act authorized by this subchapter or the
Texas Nonprofit Corporation Act (Article 1396-101 et. seq. Vernon's
Texas Civil Statutes).
(g) The commissioner and the State Auditor at any time may
inspect the books and other financial records of the council.
(h) Assessments collected by the council under this
subchapter are subject to Section 41.083 of this Code, but are not
subject to Section 41.082 of this Code.
SECTION ____.8. Sec. 41.35, Agriculture Code, is added to
read as follows:
Sec. 41.35 Conduct of Referendum; Balloting
(a) On the recommendation of the Council, the Commissioner
shall conduct a referendum authorized under this subchapter.
Persons qualified to vote in a referendum are those producers who
have owned cattle within 12 months preceding the referendum.
(b) The council shall bear all expenses incurred in
conducting a referendum.
(c) An eligible cattle producer may vote only once in a
referendum.
(d) Each vote is entitled to equal weight regardless of the
volume of production.
(e) A referendum is approved if a simple majority of those
voting vote in favor of the referendum.
(f) Individual voter information, including an individual's
vote in a referendum conducted under this section, is confidential
and not subject to disclosure under the Open Records law, Chapter
552 Government Code.
SECTION ____.9. Sec. 41.36, Agriculture Code, is added to
read as follows:
Sec. 41.36 Authority to Adopt Rules
The commissioner may adopt rules as necessary to implement
the provisions of this subchapter, including without limitation
rules relating to the auditing of the books of the council, fidelity
bonds required for certain council employees, conflicts of
interest, penalties, and to a statewide referendum.
SECTION ____.10. Sec. 41.37, Agriculture Code, is added to
read as follows:
Sec. 41.37 Penalties
(a) A person who violates this subchapter or a rule adopted
under this subchapter commits an offense.
(b) An offense under this section is a Class C misdemeanor.
Renumber accordingly.