Texas 2009 - 81st Regular

Texas House Bill HB4593 Compare Versions

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1	1	H.B. No. 4593
2	2
3	3
4	4	AN ACT
5	5	relating to the marketing of shrimp and aquaculture products.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 47.051(5), Agriculture Code, is amended
8	8	to read as follows:
9	9	(5) "Texas-produced shrimp" means wild-caught shrimp
10	10	commercially harvested from coastal waters by a shrimp boat
11	11	licensed by the Parks and Wildlife Department [and produced within
12	12	the borders of the state].
13	13	SECTION 2. Section 47.052(a), Agriculture Code, is amended
14	14	to read as follows:
15	15	(a) The Texas shrimp marketing assistance program is
16	16	established in the department to assist the Texas wild-caught
17	17	shrimping [shrimp] industry in promoting and marketing
18	18	Texas-produced shrimp and educating the public about the Texas
19	19	wild-caught shrimping [shrimp] industry and Texas-produced shrimp.
20	20	SECTION 3. Section 47.053(b), Agriculture Code, is amended
21	21	to read as follows:
22	22	(b) The advisory committee shall be composed of the
23	23	following nine [10] members:
24	24	(1) two owners of commercial bay shrimp boats;
25	25	(2) two owners of commercial gulf shrimp boats;
26	26	(3) [one member of the Texas shrimp aquaculture
27	27	industry;
28	28	[(4)] one retail wild-caught shrimp [fish] dealer;
29	29	(4) [(5)] one wholesale wild-caught shrimp [fish]
30	30	dealer;
31	31	(5) [(6)] one person employed by an institution of
32	32	higher education as a researcher or instructor specializing in the
33	33	area of food science, particularly seafood;
34	34	(6) [(7)] one member of the seafood restaurant
35	35	industry; and
36	36	(7) [(8)] one representative of the public.
37	37	SECTION 4. Section 47.054(b), Agriculture Code, is amended
38	38	to read as follows:
39	39	(b) Unless otherwise expressly provided by the legislature,
40	40	the source of funding for the payment of employee salaries shall be
41	41	funds generated from the program, including the 10 percent license
42	42	fee increase authorized by Section 77.002, Parks and Wildlife
43	43	Code[, and the surcharge on license fees authorized by Section
44	44	134.014].
45	45	SECTION 5. Section 47.055, Agriculture Code, is amended to
46	46	read as follows:
47	47	Sec. 47.055. PROMOTION, MARKETING, AND EDUCATION. The
48	48	program shall promote and advertise the Texas wild-caught shrimping
49	49	[shrimp] industry by:
50	50	(1) developing and maintaining a database of Texas
51	51	shrimp wholesalers that sell Texas-produced shrimp;
52	52	(2) operating a toll-free telephone number to:
53	53	(A) receive inquiries from persons who wish to
54	54	purchase a particular type of Texas-produced shrimp; and
55	55	(B) make information about the Texas wild-caught
56	56	shrimping [shrimp] industry available to the public;
57	57	(3) developing a wild-caught shrimping [shrimp]
58	58	industry marketing plan to increase the consumption of
59	59	Texas-produced shrimp;
60	60	(4) educating the public about Texas-produced shrimp
61	61	by providing publicity about the information in the program's
62	62	database to the public and making the information available to the
63	63	public through the department's toll-free telephone number and
64	64	electronically through the Internet;
65	65	(5) promoting the Texas wild-caught shrimping
66	66	[shrimp] industry; and
67	67	(6) promoting and marketing, and educating consumers
68	68	about, Texas-produced shrimp using any other method the
69	69	commissioner determines appropriate.
70	70	SECTION 6. Section 134.014, Agriculture Code, is amended to
71	71	read as follows:
72	72	Sec. 134.014. LICENSE FEES. [(a)] The department shall
73	73	issue an aquaculture license or a fish farm vehicle license on
74	74	completion of applicable license requirements and the payment of a
75	75	fee by the applicant, as provided by department rule.
76	76	[(b) In addition to the fees under Subsection (a), the
77	77	department shall assess and collect a surcharge on the annual
78	78	license fee for aquaculture facilities producing shrimp for the
79	79	purpose of funding the Texas shrimp marketing assistance program
80	80	created under Subchapter B, Chapter 47. The amount of the surcharge
81	81	shall be set each year, as provided by department rule, in an amount
82	82	equal to 10 percent of the fees generated by the Parks and Wildlife
83	83	Department under Section 77.002(c), Parks and Wildlife Code.
84	84	[(c) The department shall deposit at the end of each
85	85	quarter, to the credit of the shrimp marketing account, the fees
86	86	received under Subsection (b) for use by the department to conduct
87	87	and operate the Texas shrimp marketing assistance program created
88	88	under Subchapter B, Chapter 47.]
89	89	SECTION 7. Section 77.002(b), Parks and Wildlife Code, is
90	90	amended to read as follows:
91	91	(b) The shrimp marketing account is an account in the
92	92	general revenue fund to be used by the Department of Agriculture
93	93	solely for the purpose of the Texas shrimp marketing assistance
94	94	program established under Subchapter B, Chapter 47, Agriculture
95	95	Code. The account consists of funds deposited to the account under
96	96	this section [and Section 134.014(b), Agriculture Code]. The
97	97	account is exempt from the application of Section 11.032 of this
98	98	code and Section 403.095, Government Code.
99	99	SECTION 8. This Act takes effect September 1, 2009.
100	100	______________________________ ______________________________
101	101	President of the Senate Speaker of the House
102	102	I certify that H.B. No. 4593 was passed by the House on May 1,
103	103	2009, by the following vote: Yeas 122, Nays 20, 1 present, not
104	104	voting; and that the House concurred in Senate amendments to H.B.
105	105	No. 4593 on May 23, 2009, by the following vote: Yeas 143, Nays 0,
106	106	1 present, not voting.
107	107	______________________________
108	108	Chief Clerk of the House
109	109	I certify that H.B. No. 4593 was passed by the Senate, with
110	110	amendments, on May 19, 2009, by the following vote: Yeas 30, Nays
111	111	0.
112	112	______________________________
113	113	Secretary of the Senate
114	114	APPROVED: __________________
115	115	Date
116	116	__________________
117	117	Governor