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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Nursery and Floral |
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Advisory Council and the promotion of Texas nursery and floral |
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industries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Agriculture Code, is amended by |
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adding Sections 12.0177 and 12.0178 to read as follows: |
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Sec. 12.0177. TEXAS NURSERY AND FLORAL ACCOUNT. Amounts |
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collected under Sections 71.043(b)(2) and 71.057(e)(2) shall be |
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deposited to the credit of the Texas nursery and floral account. |
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The Texas nursery and floral account is an account in the general |
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revenue fund. Money in the account may be used only by the |
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department for: |
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(1) making grants to promote and market the Texas |
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nursery and floral industries; and |
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(2) administering this section. |
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Sec. 12.0178. TEXAS NURSERY AND FLORAL ADVISORY COUNCIL. |
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(a) The department shall establish and coordinate the Texas |
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Nursery and Floral Advisory Council. The council consists of seven |
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members appointed by the commissioner who have each been engaged in |
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the nursery, floral, or landscaping business for at least five |
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years. |
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(b) The council shall advise the department on the most |
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effective methods for promoting and marketing the Texas nursery and |
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floral industries. |
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(c) A member of the council receives no additional |
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compensation for serving on the council and may not be reimbursed |
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for travel or other expenses incurred while conducting the business |
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of the council. |
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(d) The council is not subject to Chapter 2110, Government |
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Code. |
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SECTION 2. Section 71.043, Agriculture Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) A florist or nursery owner may apply for registration or |
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renewal of registration by submitting an application prescribed by |
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the department and an annual fee. The fee shall be the sum of: |
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(1) an amount based on the size and type of a location, |
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as defined by department rule, where a florist or nursery owner |
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grows for sale or lease or offers for sale or lease a florist item or |
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nursery product; and |
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(2) an optional additional amount equal to 15 percent |
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of the amount described by Subdivision (1), to fund the Texas |
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nursery and floral account. |
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(b-1) The department shall allow an applicant to elect |
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whether to pay the amount described by Subsection (b)(2). An |
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applicant is not required to pay that amount to apply for or renew |
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registration. |
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SECTION 3. Section 71.057, Agriculture Code, is amended by |
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amending Subsection (e) and adding Subsection (e-1) to read as |
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follows: |
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(e) A nursery dealer or nursery agent may apply for |
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registration or renewal of registration by submitting an |
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application prescribed by the department and an annual fee. The fee |
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shall be the sum of: |
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(1) an amount based on the size and type of a location, |
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as defined by department rule, where a nursery dealer or nursery |
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agent offers a nursery product for sale or lease; and |
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(2) an optional additional amount equal to 15 percent |
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of the amount described by Subdivision (1), to fund the Texas |
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nursery and floral account. |
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(e-1) The department shall allow an applicant to elect |
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whether to pay the amount described by Subsection (e)(2). An |
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applicant is not required to pay that amount to apply for or renew |
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registration. |
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SECTION 4. The changes in law made by this Act to Sections |
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71.043 and 71.057, Agriculture Code, apply only to a floral or |
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nursery registration or the renewal of a floral or nursery |
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registration that occurs on or after the effective date of this Act. |
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A registration or renewal that occurs before that date is governed |
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by the law in effect on the date the registration expires, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |