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A BILL TO BE ENTITLED
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AN ACT
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relating to the promotion by the comptroller of Texas manufactured |
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products; providing civil and 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 comptroller under this chapter to develop and |
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expand 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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[Sections 490C.002-490C.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES OF COMPTROLLER |
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Sec. 490C.051. ESTABLISHMENT OF GENUINE TEXAS PROGRAM. The |
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comptroller may establish and administer a program in accordance |
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with this chapter to develop and expand markets for Texas |
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manufactured products. |
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Sec. 490C.052. RULEMAKING AUTHORITY. The comptroller may |
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adopt rules and establish procedures to administer this chapter. |
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Sec. 490C.053. DUTIES OF COMPTROLLER. If the comptroller |
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establishes a Genuine Texas program under this chapter, the |
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comptroller 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; and |
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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. |
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Sec. 490C.054. FEE FOR USE OF LOGO. The comptroller may |
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require a person to pay a fee not to exceed $25 a year for use of the |
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logo designed under Section 490C.053(1). |
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Sec. 490C.055. PROMOTIONAL EVENTS. The comptroller 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 |
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comptroller may sell or contract for the sale of items, including |
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clothing, posters, and banners, to promote Texas manufactured |
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products. |
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(b) The comptroller may use the comptroller's Internet |
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website to advertise and sell the items described by Subsection |
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(a). |
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Sec. 490C.057. ADVISORY BOARD. (a) If the comptroller |
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establishes a Genuine Texas program as authorized by this chapter, |
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the comptroller 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 comptroller. |
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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 comptroller. |
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(d) Chapter 2110 does not apply to the advisory board. |
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(e) At the request of the comptroller, the advisory board |
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shall advise the comptroller on the adoption of rules and the |
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establishment of procedures relating to the administration of the |
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Genuine Texas program. |
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(f) The comptroller shall provide the advisory board with |
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the 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 comptroller under Section 490C.053 without the consent of |
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the comptroller; or |
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(2) violates a rule adopted or a procedure established |
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by the comptroller under this chapter. |
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Sec. 490C.102. FORFEITURE OF RIGHT TO USE LOGO. A person |
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who violates this chapter may not use the logo of the Genuine Texas |
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program. |
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Sec. 490C.103. ADMINISTRATIVE PENALTY. The comptroller 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 comptroller to contest the affidavit as provided by those |
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rules. |
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(b) At the request of the comptroller, the attorney general |
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or the county attorney or district attorney of the county in which |
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the violation is alleged to have occurred shall file suit to collect |
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the 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 comptroller, the attorney general or the county or district |
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attorney of the county in which the alleged violation is threatened |
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to occur or is occurring shall file suit for the appropriate |
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injunctive relief 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. |