Texas 2011 - 82nd Regular

Texas House Bill HB2334 Compare Versions

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Old	New	Differences
1	1	82R17417 TRH-F
2	2	By: Hardcastle H.B. No. 2334
3	3	Substitute the following for H.B. No. 2334:
4	4	By: Hardcastle C.S.H.B. No. 2334
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation by the Department of Agriculture of
10	10	programs for rural economic development and the marketing and
11	11	promotion of agricultural and other products grown, processed, or
12	12	produced in this state.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 12.027, Agriculture Code, is amended by
15	15	adding Subsections (d), (e), and (f) to read as follows:
16	16	(d) The department by rule may charge a membership fee to
17	17	each participant in the program.
18	18	(e) The department may adopt rules as necessary to
19	19	administer the program, including rules regarding the use of any
20	20	state or federally registered trademarks, certification marks, or
21	21	service marks of the department.
22	22	(f) The department may revoke a participant's certificate
23	23	of registration or license issued under the program if the
24	24	participant fails to comply with a rule adopted by the department.
25	25	SECTION 2. The heading to Section 12.031, Agriculture Code,
26	26	is amended to read as follows:
27	27	Sec. 12.031. ADVERTISING, PUBLICATIONS, AND [PUBLICATION]
28	28	FEES.
29	29	SECTION 3. Section 12.031, Agriculture Code, is amended by
30	30	adding Subsections (a-1) and (c-1) and amending Subsections (b),
31	31	(c), and (d) to read as follows:
32	32	(a-1) In order to market and promote agricultural and other
33	33	products grown, processed, or produced in this state, the
34	34	department may create, distribute, and provide informational
35	35	materials to the public in any type of media format.
36	36	(b) In order to recover the costs of administering
37	37	activities under Sections 12.002, 12.0175, 46.0095, 47.052, and
38	38	50B.001, the [The] department may sell advertising and assess and
39	39	collect fees, revenues, and [receive] royalties on
40	40	department-owned content, information, or materials described by
41	41	Subsections (a) and (a-1), including the department's state or
42	42	federally registered certification marks, service marks, and
43	43	trademarks [that are sold or supplied to others by the department
44	44	for publication].
45	45	(c) The department may enter into [contractual] agreements
46	46	with private entities and local, state, federal, or foreign
47	47	governmental entities for publication of information concerning
48	48	agriculture, horticulture, or related industries.
49	49	(c-1) The department may collect an event fee or a royalty
50	50	for the marketing and promotional activities authorized by:
51	51	(1) this chapter;
52	52	(2) Chapter 46;
53	53	(3) Chapter 47; or
54	54	(4) Chapter 50B.
55	55	(d) Money received under this section shall be deposited in
56	56	the State Treasury and may be appropriated only to the department
57	57	for the department's activities or programs relating to the
58	58	marketing and promotion of agriculture, horticulture, and other
59	59	industries that grow, process, or produce products in this state
60	60	[to the credit of the fund from which expenses for the publication
61	61	were paid].
62	62	SECTION 4. Section 46.0095, Agriculture Code, is amended to
63	63	read as follows:
64	64	Sec. 46.0095. SALE OF PROMOTIONAL ITEMS OR PROGRAM
65	65	MERCHANDISE. (a) The department may sell or contract for the sale
66	66	of "Go Texan" promotional items and program merchandise, including
67	67	clothing, posters, and banners, in order [designed] to encourage
68	68	the marketing and promotion of [promote Texas] agricultural and
69	69	other products grown, processed, or produced in this state. The
70	70	department may use any available means, including direct marketing,
71	71	mail, the [its] Internet, and any other media format [website] to
72	72	advertise and sell those items.
73	73	(b) Money received from the sale of promotional items and
74	74	program merchandise under this section may be appropriated only to
75	75	the department for the department's activities or programs relating
76	76	to the marketing and promotion of agricultural and other products
77	77	grown, processed, or produced in this state [shall be deposited to
78	78	the credit of the "Go Texan" partner program account in the general
79	79	revenue fund].
80	80	SECTION 5. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2011.