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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation by the Department of Agriculture of |
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programs for rural economic development and the marketing and |
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promotion of agricultural and other products grown, processed, or |
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produced in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.027, Agriculture Code, is amended by |
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adding Subsections (d), (e), and (f) to read as follows: |
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(d) The department by rule may charge a membership fee to |
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each participant in the program. |
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(e) The department may adopt rules as necessary to |
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administer the program, including rules regarding the use of any |
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state or federally registered trademarks, certification marks, or |
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service marks of the department. |
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(f) The department may revoke a participant's certificate |
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of registration or license issued under the program if the |
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participant fails to comply with a rule adopted by the department. |
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SECTION 2. The heading to Section 12.031, Agriculture Code, |
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is amended to read as follows: |
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Sec. 12.031. ADVERTISING, PUBLICATIONS, AND [PUBLICATION] |
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FEES. |
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SECTION 3. Section 12.031, Agriculture Code, is amended by |
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adding Subsections (a-1) and (c-1) and amending Subsections (b), |
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(c), and (d) to read as follows: |
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(a-1) In order to market and promote agricultural and other |
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products grown, processed, or produced in this state, the |
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department may create, distribute, and provide informational |
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materials to the public in any type of media format. |
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(b) In order to recover the costs of administering |
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activities under Sections 12.002, 12.0175, 46.0095, 47.052, and |
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50B.001, the [The] department may sell advertising and assess and |
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collect fees, revenues, and [receive] royalties on |
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department-owned content, information, or materials described by |
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Subsections (a) and (a-1), including the department's state or |
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federally registered certification marks, service marks, and |
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trademarks [that are sold or supplied to others by the department
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for publication]. |
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(c) The department may enter into [contractual] agreements |
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with private entities and local, state, federal, or foreign |
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governmental entities for publication of information concerning |
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agriculture, horticulture, or related industries. |
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(c-1) The department may collect a royalty for the marketing |
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and promotional activities authorized by: |
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(1) this chapter; |
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(2) Chapter 46; |
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(3) Chapter 47; or |
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(4) Chapter 50B. |
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(d) Money received under this section shall be deposited in |
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the State Treasury and may be appropriated to the department for the |
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department's activities or programs relating to the marketing and |
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promotion of agriculture, horticulture, and other industries that |
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grow, process, or produce products in this state [to the credit of
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the fund from which expenses for the publication were paid]. |
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SECTION 4. Section 46.0095, Agriculture Code, is amended to |
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read as follows: |
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Sec. 46.0095. SALE OF PROMOTIONAL ITEMS OR PROGRAM |
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MERCHANDISE. (a) The department may sell or contract for the sale |
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of "Go Texan" promotional items and program merchandise, including |
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clothing, posters, and banners, in order [designed] to encourage |
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the marketing and promotion of [promote Texas] agricultural and |
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other products grown, processed, or produced in this state. The |
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department may use any available means, including direct marketing, |
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mail, the [its] Internet, and any other media format [website] to |
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advertise and sell those items. |
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(b) Money received from the sale of promotional items under |
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this section may be appropriated to the department for the |
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department's activities or programs relating to the marketing and |
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promotion of agricultural and other products grown, processed, or |
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produced in this state [shall be deposited to the credit of the "Go
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Texan" partner program account in the general revenue fund]. |
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SECTION 5. This Act takes effect September 1, 2011. |