By: Jackson S.B. No. 937
A BILL TO BE ENTITLED
AN ACT
relating to the promotion of the shrimp industry of this state; and
providing a source of funding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Agriculture Code, Chapter 47, is
amended by renaming the Chapter and adding Subchapters A and B to
read as follows:
CHAPTER 47. TEXAS OYSTER AND SHRIMP PROGRAM
SUBCHAPTER A. TEXAS OYSTER PROGRAM
Sec. 47.001. Promotion and Advertisement
(a) The department may promote and advertise the Texas
oyster industry by:
(1) using current market research to develop an oyster
marketing plan to increase consumption of Texas oysters;
(2) conducting a public relations campaign to create a
responsible and accurate image of the Texas oyster industry;
(3) providing information, education, and training to
consumers, food handlers, and restaurant personnel on safe and
proper handling of oysters, for the purpose of promoting the use and
consumption of oysters; and
(4) using other methods the department considers
appropriate.
(b) The department, following guidance of the oyster
advisory committee established under Section 47.002, may use a
portion of the oyster sales fee funds provided for administrative
purposes.
Sec. 47.002. Oyster Advisory Committee
(a) The commissioner shall appoint an oyster advisory
committee to provide guidance and direction on the programs and
activities established under this chapter and expenditures of the
funds appropriated for the purposes of this chapter.
(b) A member of the advisory committee may not receive
compensation for service on the committee, but is entitled to
reimbursement of expenses incurred by the member while conducting
the business of the committee and approved by the commissioner, as
provided by the General Appropriations Act. A reimbursement under
this subsection must be paid from revenue from fees on oyster sales
and related penalties imposed under Section 436.103, Health and
Safety Code, available for that purpose or from other revenue as
provided by the General Appropriations Act.
(c) The advisory committee shall meet and elect a
chairperson from its members and shall conduct other meetings it
considers necessary to provide guidance and direction to the
department.
(d) The advisory committee consists of the following nine
members:
(1) three members appointed by the commissioner who
are oyster dealers who have been certified in Texas for at least 12
months of each year of the three years preceding the appointment;
(2) two members appointed by the commissioner who are
oyster dealers who have been certified in Texas for at least six
months of each year of the three years preceding the appointment;
(3) one member appointed by the commissioner
representing consumer interests;
(4) one member appointed by the commissioner
representing grocery retail business interests;
(5) one member appointed by the commissioner
representing the restaurant industry; and
(6) one member appointed by the commissioner who:
(A) is employed by an institution of higher
education as a researcher or instructor; and
(B) specializes in the area of food science,
particularly seafood.
(e) The advisory committee shall develop its own bylaws
under which it shall operate. The bylaws shall stipulate that five
members constitute a quorum sufficient to conduct meetings and
business of the advisory committee.
(f) An advisory committee member serves a three-year term,
with the terms of three members expiring August 31 of each year.
(g) A member of the advisory committee may be reappointed to
the advisory committee.
[Sections 47.003-47.050 reserved for expansion]
SUBCHAPTER B. TEXAS SHRIMP MARKETING ASSISTANCE PROGRAM IN
DEPARTMENT OF AGRICULTURE
Sec. 47.050. DEFINITIONS. In this subchapter:
(1) "Program" means the Texas Shrimp Marketing
Assistance Program.
(2) "Coastal Waters" means all the salt water of this
state, including that portion of the Gulf of Mexico within the
jurisdiction of the state.
(3) "Shrimp marketing account" means the account in
the general revenue fund established under Section 77.002(b), Parks
and Wildlife Code.
Sec. 47.051. PROGRAM ESTABLISHED. (a) The Texas Shrimp
Marketing Assistance Program is established in the Texas Department
of Agriculture to assist the Texas shrimp industry in promoting and
marketing shrimp harvested from Coastal Waters and educating the
public about the Texas shrimp industry and shrimp harvested from
Coastal Waters.
(b) The Commissioner, in consultation with the advisory
committee established under Section 47.052, shall adopt rules as
necessary to implement the program.
(c) The department may accept grants, gifts and gratuities
from any source, including any governmental entity, any private or
public corporation, and any other person in furtherance of the
program. Any monies received as a grant, gift or gratuity shall be
deposited in the shrimp marketing account.
(d) The program shall be funded at a minimum level of
$250,000.00 per fiscal year with funds deposited into the shrimp
marketing account. The department may not expend more than two
percent (2%) of the annual program budget on out-of-state travel.
Sec. 47.052. ADVISORY COMMITTEE. (a) The commissioner
shall appoint a shrimp advisory committee to assist the
Commissioner in implementing the program established under this
Chapter and the expenditure of funds appropriated for the purpose
of this chapter.
(b) The committee shall be composed the following nine
members:
(1) two owners of commercial bay shrimp boats;
(2) two owners of commercial gulf shrimp boats;
(3) one retail fish dealer;
(4) one wholesale fish dealers;
(5) one person employed by an institution of higher
education as a researcher or instructor specializing in the area of
food science, particularly seafood;
(6) one member of the seafood restaurant industry; and
(7) one representative of the public.
(b) The members of the advisory committee serve without
compensation, but may be reimbursed for expenses incurred in the
direct performance of their duties upon approval of the
Commissioner.
(c) An advisory committee member serves a three-year term,
with the terms of three members expiring August 31 of each year.
The Commissioner may reappoint a member to the advisory committee.
(d) The members of the advisory committee shall elect a
presiding officer from among the members and adopt rules governing
the operation of the committee. The rules shall specify that five
members of the committee constitute a quorum sufficient to conduct
the meetings and business of the committee.
(e) The advisory committee shall meet as necessary, but at
least once a calendar, year to provide guidance to the Commissioner
in establishing and implementing the program.
Sec. 47.053 PROGRAM STAFF. (a) The Commissioner shall
employ one or more persons as employees of the department to staff
the Program; and
(b) unless otherwise expressly provided by the legislature,
the source of funding for the employee(s) shall be monies generated
from the program, including the license surcharge authorized
pursuant to Section 77.002, Parks and Wildlife Code.
Sec. 47.054. PROMOTION, MARKETING, AND EDUCATION. The
program shall promote and advertise the Texas shrimp industry by:
(a) developing and maintaining a database of Texas shrimp
wholesalers that sell shrimp harvested from Coastal Waters;
(b) operating a toll-free telephone number to:
(1) receive inquiries from persons who wish to
purchase a particular type of shrimp harvested from Coastal Waters;
and
(2) make information about the Texas shrimp industry
available to the public;
(d) developing a shrimp industry marketing plan to increase
the consumption of shrimp harvested from Coastal Waters;
(e) educating the public about shrimp harvested from
Coastal Waters by providing publicity about the information in the
program's database to the public and making the information
available to the public through the department's toll-free
telephone number and electronically available through the
Internet;
(f) promoting the Texas shrimp industry; and
(g) promoting and marketing, and educating consumers about
the shrimp harvested from Coastal Waters using any other method the
Commissioner determines is appropriate.
[Sections 47.055-47.099 reserved for expansion]
SECTION 2. Title 5, Parks and Wildlife Code, Chapter 77, is
amended to read as follows:
Sec. 77.002 License Fees
(a) License fees provided in this chapter are a privilege
tax on catching, buying, selling, unloading, transporting, or
handling shrimp within the jurisdiction of this state.
(b) The shrimp marketing account in an account in the
general revenue fund that shall be appropriated to the Texas
Department of Agriculture solely for the purpose of the Texas
Shrimp Marketing Assistance Program established under subchapter
B, Chapter 47, Agriculture Code. The account consists of money
deposited to the account under this section. The account is exempt
from the application of Section 403.095, Government Code.
(c) In addition to fee increases the department is
authorized to make under this code, the department shall increase
by 10% the fee as of September 1, 2003 for the following licenses
and shall deposit the amount of the increase to the credit of the
shrimp marketing account:
(1) a commercial bay shrimp boat license issued under
Section 77.031;
(2) a commercial bait-shrimp boat license issued under
Section 77.033;
(3) a commercial gulf shrimp boat license issued under
Section 77.035; and
(4) a commercial shrimp boat captain's license issued
under Section 77.0351.
(d) Money in the shrimp marketing account may be used only
to implement, maintain and conduct, including program staff
employees, the Texas Shrimp Marketing Assistance Program, created
pursuant to Subchapter G of this Title 5. The Texas Department of
Agriculture may allocate not more than fifty thousand dollars per
fiscal year of the money in the account to cover administrative and
personnel costs, including in state travel, of the Texas Department
of Agriculture associated with the program.
(e) The department shall deposit, at the end of each
quarter, to the credit of the shrimp marketing account fees
received under Section 77.002 for use by the Texas Department of
Agriculture to conduct and operate the Texas Shrimp Marketing
Assistance Program, created pursuant to Subchapter G of this Title
5.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-third of all the members elected to each house, as
provide by Section 39, Article III, Texas Constitution. If this Act
does not receive the vote necessary for immediate effect, this Act
takes effect September 1, 2003.