82R17417 TRH-F

By: Hardcastle H.B. No. 2334

Substitute the following for H.B. No. 2334:

By: Hardcastle C.S.H.B. No. 2334

A BILL TO BE ENTITLED

AN ACT

relating to the operation by the Department of Agriculture of programs for rural economic development and the marketing and promotion of agricultural and other products grown, processed, or produced in this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.027, Agriculture Code, is amended by adding Subsections (d), (e), and (f) to read as follows:

(d) The department by rule may charge a membership fee to each participant in the program.

(e) The department may adopt rules as necessary to administer the program, including rules regarding the use of any state or federally registered trademarks, certification marks, or service marks of the department.

(f) The department may revoke a participant's certificate of registration or license issued under the program if the participant fails to comply with a rule adopted by the department.

SECTION 2. The heading to Section 12.031, Agriculture Code, is amended to read as follows:

Sec. 12.031. ADVERTISING, PUBLICATIONS, AND [PUBLICATION] FEES.

SECTION 3. Section 12.031, Agriculture Code, is amended by adding Subsections (a-1) and (c-1) and amending Subsections (b), (c), and (d) to read as follows:

(a-1) In order to market and promote agricultural and other products grown, processed, or produced in this state, the department may create, distribute, and provide informational materials to the public in any type of media format.

(b) In order to recover the costs of administering activities under Sections 12.002, 12.0175, 46.0095, 47.052, and 50B.001, the [The] department may sell advertising and assess and collect fees, revenues, and [receive] royalties on department-owned content, information, or materials described by Subsections (a) and (a-1), including the department's state or federally registered certification marks, service marks, and trademarks [that are sold or supplied to others by the department for publication].

(c) The department may enter into [contractual] agreements with private entities and local, state, federal, or foreign governmental entities for publication of information concerning agriculture, horticulture, or related industries.

(c-1) The department may collect an event fee or a royalty for the marketing and promotional activities authorized by:

(1) this chapter;

(2) Chapter 46;

(3) Chapter 47; or

(4) Chapter 50B.

(d) Money received under this section shall be deposited in the State Treasury and may be appropriated only to the department for the department's activities or programs relating to the marketing and promotion of agriculture, horticulture, and other industries that grow, process, or produce products in this state [to the credit of the fund from which expenses for the publication were paid].

SECTION 4. Section 46.0095, Agriculture Code, is amended to read as follows:

Sec. 46.0095. SALE OF PROMOTIONAL ITEMS OR PROGRAM MERCHANDISE. (a) The department may sell or contract for the sale of "Go Texan" promotional items and program merchandise, including clothing, posters, and banners, in order [designed] to encourage the marketing and promotion of [promote Texas] agricultural and other products grown, processed, or produced in this state. The department may use any available means, including direct marketing, mail, the [its] Internet, and any other media format [website] to advertise and sell those items.

(b) Money received from the sale of promotional items and program merchandise under this section may be appropriated only to the department for the department's activities or programs relating to the marketing and promotion of agricultural and other products grown, processed, or produced in this state [shall be deposited to the credit of the "Go Texan" partner program account in the general revenue fund].

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided 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, 2011.