H.B. No. 3496
AN ACT
relating to the establishment of the Texas Nursery and Floral
Advisory Council and the promotion of Texas nursery and floral
industries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Agriculture Code, is amended by
adding Sections 12.0177 and 12.0178 to read as follows:
Sec. 12.0177. TEXAS NURSERY AND FLORAL ACCOUNT. Amounts
collected under Sections 71.043(b)(2) and 71.057(e)(2) shall be
deposited to the credit of the Texas nursery and floral account.
The Texas nursery and floral account is an account in the general
revenue fund. Money in the account may be used only by the
department for:
(1) making grants to promote and market the Texas
nursery and floral industries; and
(2) administering this section.
Sec. 12.0178. TEXAS NURSERY AND FLORAL ADVISORY COUNCIL.
(a) The department shall establish and coordinate the Texas
Nursery and Floral Advisory Council. The council consists of seven
members appointed by the commissioner who have each been engaged in
the nursery, floral, or landscaping business for at least five
years.
(b) The council shall advise the department on the most
effective methods for promoting and marketing the Texas nursery and
floral industries.
(c) A member of the council receives no additional
compensation for serving on the council and may not be reimbursed
for travel or other expenses incurred while conducting the business
of the council.
(d) The council is not subject to Chapter 2110, Government
Code.
SECTION 2. Section 71.043, Agriculture Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) A florist or nursery owner may apply for registration or
renewal of registration by submitting an application prescribed by
the department and an annual fee. The fee shall be the sum of:
(1) an amount based on the size and type of a location,
as defined by department rule, where a florist or nursery owner
grows for sale or lease or offers for sale or lease a florist item or
nursery product; and
(2) an optional additional amount equal to 15 percent
of the amount described by Subdivision (1), to fund the Texas
nursery and floral account.
(b-1) The department shall allow an applicant to elect
whether to pay the amount described by Subsection (b)(2). An
applicant is not required to pay that amount to apply for or renew
registration.
SECTION 3. Section 71.057, Agriculture Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) A nursery dealer or nursery agent may apply for
registration or renewal of registration by submitting an
application prescribed by the department and an annual fee. The fee
shall be the sum of:
(1) an amount based on the size and type of a location,
as defined by department rule, where a nursery dealer or nursery
agent offers a nursery product for sale or lease; and
(2) an optional additional amount equal to 15 percent
of the amount described by Subdivision (1), to fund the Texas
nursery and floral account.
(e-1) The department shall allow an applicant to elect
whether to pay the amount described by Subsection (e)(2). An
applicant is not required to pay that amount to apply for or renew
registration.
SECTION 4. The changes in law made by this Act to Sections
71.043 and 71.057, Agriculture Code, apply only to a floral or
nursery registration or the renewal of a floral or nursery
registration that occurs on or after the effective date of this Act.
A registration or renewal that occurs before that date is governed
by the law in effect on the date the registration expires, and the
former law is continued in effect for that purpose.
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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3496 was passed by the House on April
30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3496 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor