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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification of businesses in this state as Made in |
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Texas; providing civil and administrative penalties; authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 403, Government Code, is amended by |
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adding Subchapter R to read as follows: |
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SUBCHAPTER R. MADE IN TEXAS PROGRAM |
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Sec. 403.501. DEFINITION. In this subchapter, "principal |
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place of business" means: |
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(1) the location of a business's principal office or |
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headquarters; or |
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(2) the place where the business's officers direct, |
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control, and coordinate the business's activities. |
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Sec. 403.502. MADE IN TEXAS PROGRAM. (a) The comptroller |
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shall establish and administer a Made in Texas certification |
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program for businesses that qualify under this subchapter. |
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(b) The comptroller by rule shall: |
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(1) establish criteria and an application procedure to |
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certify a business as Made in Texas; and |
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(2) establish criteria and an expedited procedure to |
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allow a business to maintain an existing certification. |
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(c) In administering the program, the comptroller shall: |
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(1) design and administer the use of a logo for |
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businesses certified under this subchapter, including merchandise |
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that features the logo; |
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(2) develop a promotional campaign to market the Made |
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in Texas program to businesses in this state; and |
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(3) establish an Internet website that contains a list |
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of all businesses certified as Made in Texas. |
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Sec. 403.503. ELIGIBILITY. (a) A business is eligible to |
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participate in the Made in Texas program if: |
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(1) it maintains its principal place of business in |
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this state; and |
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(2) each employee of the business is: |
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(A) a resident of this state; and |
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(B) a United States citizen. |
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(b) The comptroller shall develop criteria and procedures |
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for verifying a business's eligibility under this section. |
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Sec. 403.504. CERTIFICATION. (a) A certification issued |
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under this subchapter is valid for one year after the date the |
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comptroller grants the certification to a business. |
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(b) The comptroller shall require a business certified |
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under this subchapter to annually complete an expedited renewal |
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procedure to maintain an existing certification. |
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Sec. 403.505. BENEFITS. A business certified as Made in |
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Texas may: |
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(1) use the logo designed under Section 403.502; and |
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(2) advertise or promote itself as being certified as |
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Made in Texas. |
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Sec. 403.506. FEE. (a) To cover the cost of administering |
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the Made in Texas program, the comptroller may require a business to |
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pay a fee for certification under this subchapter. |
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(b) The comptroller shall require a lower fee to renew an |
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existing certification than to obtain an original certification. |
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Sec. 403.507. ENFORCEMENT OF SUBCHAPTER; PENALTIES. (a) A |
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person violates this subchapter if the person uses, reproduces, or |
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distributes the logo designed by the comptroller under Section |
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403.502 without the consent of the comptroller or fraudulently |
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obtains certification under this subchapter without being eligible |
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to participate in the program under Section 403.503. |
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(b) The comptroller may temporarily suspend or permanently |
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forfeit the right of a person who violates this subchapter to use |
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the logo of the Made in Texas program. |
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(c) The comptroller may impose an administrative penalty |
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not to exceed $500 against a person who violates this subchapter. A |
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proceeding to impose the administrative penalty is a contested case |
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under Chapter 2001. |
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(d) A person who violates this subchapter is subject to a |
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civil penalty not to exceed $500 for each violation. |
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(e) Each day that a violation continues may be considered a |
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separate violation for the purposes of this section. |
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(f) The amount of an administrative or civil penalty imposed |
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under this section must be 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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(g) The enforcement of an administrative penalty under this |
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section may be stayed during the time the order is under judicial |
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review if the person pays the penalty to the clerk of the court or |
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files a supersedeas bond with the court in the amount of the |
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penalty. A person who cannot afford to pay the penalty or file the |
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bond may stay the enforcement by filing an affidavit in the manner |
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required by the Texas Rules of Civil Procedure for a party who |
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cannot afford to file security for costs, subject to the right of |
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the comptroller to contest the affidavit as provided by those |
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rules. |
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(h) 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 may file suit to collect |
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the civil penalty authorized by this section. |
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(i) An administrative or civil penalty collected under this |
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section shall be deposited to the credit of the general revenue |
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fund. |
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SECTION 2. As soon as possible after the effective date of |
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this Act, the comptroller shall adopt rules necessary to implement |
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Subchapter R, Chapter 403, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |