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By: Escobar H.B. No. 3201
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Shrimp Marketing fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B of Chapter 47, Agriculture Code, is
amended to read as follows:
SUBCHAPTER B. TEXAS SHRIMP MARKETING ASSISTANCE PROGRAM IN
DEPARTMENT OF AGRICULTURE
Sec. 47.051. DEFINITIONS. In this subchapter:
(1) "Advisory committee" means the shrimp advisory
committee.
(2) "Coastal waters" means all the salt water of the
state, including the portion of the Gulf of Mexico that is within
the jurisdiction of the state.
(3) "Program" means the Texas shrimp marketing
assistance program.
(4) "Shrimp marketing account" means the account in
the general revenue fund established under Section 77.002(b), Parks
and Wildlife Code.
(5) "Texas-produced shrimp" means shrimp harvested
from coastal waters and produced within the borders of the state.
(6) "State or Local Shrimp Producers Association"
means any group that is comprised primarily of shrimp boat
operators which was in existence on or before September 1, 2004.
The association may also include shrimp processors, brokers and
marketers. An association may not exclude any member on the basis
of race, ethnicity and/or nationality.
Sec. 47.052. PROGRAM ESTABLISHED. (a) The Texas shrimp
marketing assistance program is established in the department to
assist the Texas shrimp industry in promoting and marketing
Texas-produced shrimp and educating the public about the Texas
shrimp industry and Texas-produced shrimp.
(b) The commissioner, in consultation with the advisory
committee established under Section 47.053, 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 funds received as a grant, gift, or gratuity shall be
deposited in the shrimp marketing account under Section 77.002,
Parks and Wildlife Code.
(d) The program shall be funded at a minimum level of
$250,000 per fiscal year with funds deposited into the shrimp
marketing account under Section 77.002, Parks and Wildlife Code.
The department may not expend more than two percent of the annual
program budget on out-of-state travel.
Sec. 47.053. ADVISORY COMMITTEE. (a) The commissioner
shall appoint a shrimp advisory committee to assist the
commissioner in implementing the program established under this
subchapter and in the expenditure of funds appropriated for the
purpose of this subchapter.
(b) The advisory committee shall be composed of the
following 10 members:
(1) two owners of commercial bay shrimp boats;
(2) two owners of commercial gulf shrimp boats;
(3) one member of the Texas shrimp aquaculture
industry;
(4) one retail fish dealer;
(5) one wholesale fish dealer;
(6) one person employed by an institution of higher
education as a researcher or instructor specializing in the area of
food science, particularly seafood;
(7) one member of the seafood restaurant industry; and
(8) one representative of the public.
(c) The members of the advisory committee serve without
compensation but may be reimbursed for expenses incurred in the
direct performance of their duties on approval by the commissioner.
(d) An advisory committee member serves a three-year term,
with the terms of three or four members expiring August 31 of each
year. The commissioner may reappoint a member to the advisory
committee.
(e) The members of the advisory committee shall elect a
presiding officer from among the members and shall adopt rules
governing the operation of the committee. The rules shall specify
that five members of the advisory committee constitute a quorum
sufficient to conduct the meetings and business of the committee.
(f) The advisory committee shall meet as necessary, but not
less frequently that once each calendar year, to provide guidance
to the commissioner in establishing and implementing the program.
Sec. 47.054. PROGRAM STAFF. (a) The commissioner shall
employ one or more persons as employees of the department to staff
the program.
(b) Unless otherwise expressly provided by the legislature,
the source of funding for the payment of employee salaries shall be
funds generated from the program, including the 10 percent license
fee increase authorized by Section 77.002, Parks and Wildlife Code,
and the surcharge on license fees authorized by Section 134.014.
Sec. 47.055. PROMOTION, MARKETING, AND EDUCATION. The
program shall promote and advertise the Texas shrimp industry by:
(1) developing and maintaining a database of Texas
shrimp wholesalers that sell Texas-produced shrimp;
(2) operating a toll-free telephone number to:
(A) receive inquiries from persons who wish to
purchase a particular type of Texas-produced shrimp; and
(B) make information about the Texas shrimp
industry available to the public;
(3) developing a shrimp industry marketing plan to
increase the consumption of Texas-produced shrimp;
(4) educating the public about Texas-produced shrimp
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 through the Internet;
(5) promoting the Texas shrimp industry; and
(6) promoting and marketing, and educating consumers
about, Texas-produced shrimp using any other method the
commissioner determines appropriate.
Sec. 47.055. PROMOTION, MARKETING, AND EDUCATION. The
program shall promote and advertise the Texas shrimp industry by:
(1.) developing and maintaining a database of Texas
shrimp wholesalers that sell Texas-produced shrimp;
A) operating a toll-free telephone number to:
B) receive inquiries from persons who wish to
purchase a particular type of Texas-produced shrimp; and
C) make information about the Texas shrimp
industry available to the public;
(2.) developing a shrimp industry marketing plan to
increase the consumption of Texas-produced shrimp;
(3.) educating the public about Texas-produced shrimp
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 through the Internet;
(4.) promoting the Texas shrimp industry; and
(5.) promoting and marketing, and educating consumers
about, Texas-produced shrimp using any other method the
commissioner determines appropriate.
Sec. 47.056 AUTHORITY OF DEPARTMENT TO CONTRACT. The
department may contract with a state or local shrimp producers
association to conduct activities in Section 47.055.
SECTION 2. This Act takes effect September 1, 2005.