|
|
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. |