By: Lucio S.B. No. 2333
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on Agriculture and Rural
Affairs; May 4, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; May 4, 2009, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2333 By: Estes
A BILL TO BE ENTITLED
AN ACT
relating to the marketing of shrimp and aquaculture products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (5), Section 47.051, Agriculture
Code, is amended to read as follows:
(5) "Texas-produced shrimp" means wild-caught shrimp
commercially harvested from coastal waters by a shrimp boat
licensed by the Parks and Wildlife Department [and produced within
the borders of the state].
SECTION 2. Subsection (a), Section 47.052, Agriculture
Code, is amended to read as follows:
(a) The Texas shrimp marketing assistance program is
established in the department to assist the Texas wild-caught
shrimping [shrimp] industry in promoting and marketing
Texas-produced shrimp and educating the public about the Texas
wild-caught shrimping [shrimp] industry and Texas-produced shrimp.
SECTION 3. Subsection (b), Section 47.053, Agriculture
Code, is amended to read as follows:
(b) The advisory committee shall be composed of the
following nine [10] members:
(1) two owners of commercial bay shrimp boats;
(2) two owners of commercial gulf shrimp boats;
(3) [one member of the Texas shrimp aquaculture
industry;
[(4)] one retail wild-caught shrimp [fish] dealer;
(4) [(5)] one wholesale wild-caught shrimp [fish]
dealer;
(5) [(6)] one person employed by an institution of
higher education as a researcher or instructor specializing in the
area of food science, particularly seafood;
(6) [(7)] one member of the seafood restaurant
industry; and
(7) [(8)] one representative of the public.
SECTION 4. Subsection (b), Section 47.054, Agriculture
Code, is amended to read as follows:
(b) Unless otherwise expressly provided by the legislature,
the source of funding for the payment of employee salaries shall be
funds generated from the program, including the 10 percent license
fee increase authorized by Section 77.002, Parks and Wildlife
Code[, and the surcharge on license fees authorized by Section
134.014].
SECTION 5. Section 47.055, Agriculture Code, is amended to
read as follows:
Sec. 47.055. PROMOTION, MARKETING, AND EDUCATION. The
program shall promote and advertise the Texas wild-caught shrimping
[shrimp] industry by:
(1) developing and maintaining a database of Texas
shrimp wholesalers that sell Texas-produced shrimp;
(2) operating a toll-free telephone number to:
(A) receive inquiries from persons who wish to
purchase a particular type of Texas-produced shrimp; and
(B) make information about the Texas wild-caught
shrimping [shrimp] industry available to the public;
(3) developing a wild-caught shrimping [shrimp]
industry marketing plan to increase the consumption of
Texas-produced shrimp;
(4) educating the public about Texas-produced shrimp
by providing publicity about the information in the program's
database to the public and making the information available to the
public through the department's toll-free telephone number and
electronically through the Internet;
(5) promoting the Texas wild-caught shrimping
[shrimp] industry; and
(6) promoting and marketing, and educating consumers
about, Texas-produced shrimp using any other method the
commissioner determines appropriate.
SECTION 6. Section 134.014, Agriculture Code, is amended to
read as follows:
Sec. 134.014. LICENSE FEES. [(a)] The department shall
issue an aquaculture license or a fish farm vehicle license on
completion of applicable license requirements and the payment of a
fee by the applicant, as provided by department rule.
[(b) In addition to the fees under Subsection (a), the
department shall assess and collect a surcharge on the annual
license fee for aquaculture facilities producing shrimp for the
purpose of funding the Texas shrimp marketing assistance program
created under Subchapter B, Chapter 47. The amount of the surcharge
shall be set each year, as provided by department rule, in an amount
equal to 10 percent of the fees generated by the Parks and Wildlife
Department under Section 77.002(c), Parks and Wildlife Code.
[(c) The department shall deposit at the end of each
quarter, to the credit of the shrimp marketing account, the fees
received under Subsection (b) for use by the department to conduct
and operate the Texas shrimp marketing assistance program created
under Subchapter B, Chapter 47.]
SECTION 7. Subsection (b), Section 77.002, Parks and
Wildlife Code, is amended to read as follows:
(b) The shrimp marketing account is an account in the
general revenue fund to be used by the Department of Agriculture
solely for the purpose of the Texas shrimp marketing assistance
program established under Subchapter B, Chapter 47, Agriculture
Code. The account consists of funds deposited to the account under
this section [and Section 134.014(b), Agriculture Code]. The
account is exempt from the application of Section 11.032 of this
code and Section 403.095, Government Code.
SECTION 8. This Act takes effect September 1, 2009.
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