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AN ACT
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relating to the promotion by the governor's office of economic |
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development of Texas manufactured products; providing civil and |
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administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 490C to read as follows: |
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CHAPTER 490C. PROMOTION OF TEXAS MANUFACTURED PRODUCTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 490C.001. DEFINITIONS. In this chapter: |
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(1) "Genuine Texas program" means the program |
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established by the office under this chapter to develop and expand |
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markets for Texas manufactured products. |
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(2) "Texas manufactured product" means a product that |
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is manufactured in this state or otherwise has value added to the |
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product in this state. The term does not include a Texas |
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agricultural product, as defined by Section 46.002, Agriculture |
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Code. |
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(3) "Office" means the governor's office of economic |
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development. |
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[Sections 490C.002-490C.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES OF OFFICE |
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Sec. 490C.051. ESTABLISHMENT OF GENUINE TEXAS PROGRAM. The |
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office may establish and administer a program in accordance with |
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this chapter to develop and expand markets for Texas manufactured |
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products. |
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Sec. 490C.052. RULEMAKING AUTHORITY. The office may adopt |
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rules and establish procedures to administer this chapter. |
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Sec. 490C.053. DUTIES OF OFFICE. If the office establishes |
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a Genuine Texas program under this chapter, the office shall: |
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(1) design and administer the use of a logo for Texas |
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manufactured products and adopt manufactured product quality |
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standards and other criteria for evaluating applications to use the |
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logo; |
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(2) develop procedures for acceptance and |
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administration of money received to administer the program; |
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(3) develop a general promotional campaign for Texas |
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manufactured products and advertising campaigns for specific Texas |
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manufactured products; |
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(4) contract with media representatives to disperse |
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promotional materials; |
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(5) receive gifts, donations, or grants from any |
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source and establish internal reporting requirements for use of |
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available money; and |
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(6) enter into a memorandum of understanding with the |
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Department of Agriculture to minimize duplication of programs. |
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Sec. 490C.054. FEE FOR USE OF LOGO. To cover the costs of |
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administering the Genuine Texas program, the office may require a |
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person to pay a fee not to exceed $100 a year for use of the logo |
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designed under Section 490C.053(1). |
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Sec. 490C.055. PROMOTIONAL EVENTS. The office may use |
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available money to purchase food and beverages for a promotional |
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event. |
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Sec. 490C.056. SALE OF PROMOTIONAL ITEMS. (a) The office |
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may sell or contract for the sale of items, including clothing, |
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posters, and banners, to promote Texas manufactured products. |
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(b) The office may use the office's Internet website to |
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advertise and sell the items described by Subsection (a). |
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Sec. 490C.057. ADVISORY BOARD. (a) If the office |
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establishes a Genuine Texas program as authorized by this chapter, |
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the office shall appoint an advisory board to assist in the |
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implementation of the program. |
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(b) A member of the advisory board serves at the pleasure of |
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the office. |
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(c) A member of the advisory board serves without |
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compensation but is entitled to reimbursement for actual expenses |
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incurred in the performance of official board duties, subject to |
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approval of the office. |
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(d) Chapter 2110 does not apply to the advisory board. |
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(e) At the request of the office, the advisory board shall |
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advise the office on the adoption of rules and the establishment of |
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procedures relating to the administration of the Genuine Texas |
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program. |
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(f) The office shall provide the advisory board with the |
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staff necessary to assist the board in carrying out the board's |
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duties under this section. |
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[Sections 490C.058-490C.100 reserved for expansion] |
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SUBCHAPTER C. ENFORCEMENT |
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Sec. 490C.101. VIOLATION. A person violates this chapter |
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if the person: |
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(1) uses, reproduces, or distributes the logo designed |
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by the office under Section 490C.053 without the consent of the |
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office; or |
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(2) violates a rule adopted or a procedure established |
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by the office under this chapter. |
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Sec. 490C.102. SUSPENSION OR FORFEITURE OF RIGHT TO USE |
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LOGO. (a) The office may temporarily suspend or permanently |
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forfeit the right of a person who violates this chapter to use the |
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logo of the Genuine Texas program. |
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(b) Before suspending or forfeiting a person's right to use |
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the logo, the office may consider the circumstances and seriousness |
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of the violation, any efforts by the person to correct the |
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violation, and whether the person previously has violated this |
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chapter. |
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Sec. 490C.103. ADMINISTRATIVE PENALTY. The office may |
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impose an administrative penalty not to exceed $500 against a |
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person who violates this chapter. A proceeding to impose the |
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administrative penalty is a contested case under Chapter 2001. |
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Sec. 490C.104. CIVIL PENALTY. A person who violates this |
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chapter is subject to a civil penalty not to exceed $500 for each |
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violation. |
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Sec. 490C.105. CALCULATING AMOUNT OF ADMINISTRATIVE OR |
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CIVIL PENALTY. (a) Each day that a violation continues may be |
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considered a separate violation for purposes of an administrative |
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or civil penalty under this subchapter. |
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(b) The amount of an administrative or civil penalty must be |
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based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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(4) efforts by the person to correct the violation; |
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and |
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(5) any other matter that justice may require. |
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Sec. 490C.106. ENFORCEMENT OF ADMINISTRATIVE OR CIVIL |
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PENALTY. (a) The enforcement of an administrative penalty under |
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this section may be stayed during the time the order is under |
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judicial review if the person pays the penalty to the clerk of the |
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court or files a supersedeas bond with the court in the amount of |
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the penalty. A person who cannot afford to pay the penalty or file |
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the bond may stay the enforcement by filing an affidavit in the |
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manner required by the Texas Rules of Civil Procedure for a party |
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who cannot afford to file security for costs, subject to the right |
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of the office to contest the affidavit as provided by those rules. |
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(b) At the request of the office, the attorney general or |
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the county attorney or district attorney of the county in which the |
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violation is alleged to have occurred may file suit to collect the |
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civil penalty. |
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Sec. 490C.107. DEPOSIT OF MONEY. An administrative or |
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civil penalty collected under this subchapter shall be deposited to |
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the credit of the general revenue fund. |
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Sec. 490C.108. INJUNCTIVE RELIEF. (a) At the request of |
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the office, the attorney general or the county or district attorney |
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of the county in which the alleged violation is threatened to occur |
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or is occurring may file suit for the appropriate injunctive relief |
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to prevent or abate a violation of this chapter. |
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(b) Venue for an action brought under this section is in |
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Travis County. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3446 was passed by the House on April |
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26, 2007, by the following vote: Yeas 139, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3446 on May 21, 2007, by the following vote: Yeas 142, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3446 was passed by the Senate, with |
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amendments, on May 17, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |