82R10108 TRH-F
By: Estes S.B. No. 1086
A BILL TO BE ENTITLED
AN ACT
relating to the operation by the Department of Agriculture of
programs for rural economic development and the marketing and
promotion of agricultural and other products grown, processed, or
produced in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.027, Agriculture Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
(d) The department by rule may charge a membership fee to
each participant in the program.
(e) The department may adopt rules as necessary to
administer the program, including rules regarding the use of any
state or federally registered trademarks, certification marks, or
service marks of the department.
(f) The department may revoke a participant's certificate
of registration or license issued under the program if the
participant fails to comply with a rule adopted by the department.
SECTION 2. The heading to Section 12.031, Agriculture Code,
is amended to read as follows:
Sec. 12.031. ADVERTISING, PUBLICATIONS, AND [PUBLICATION]
FEES.
SECTION 3. Section 12.031, Agriculture Code, is amended by
adding Subsections (a-1) and (c-1) and amending Subsections (b),
(c), and (d) to read as follows:
(a-1) In order to market and promote agricultural and other
products grown, processed, or produced in this state, the
department may create, distribute, and provide informational
materials to the public in any type of media format.
(b) In order to recover the costs of administering
activities under Sections 12.002, 12.0175, 46.0095, 47.052, and
50B.001, the [The] department may sell advertising and assess and
collect fees, revenues, and [receive] royalties on
department-owned content, information, or materials described by
Subsections (a) and (a-1), including the department's state or
federally registered certification marks, service marks, and
trademarks [that are sold or supplied to others by the department
for publication].
(c) The department may enter into [contractual] agreements
with private entities and local, state, federal, or foreign
governmental entities for publication of information concerning
agriculture, horticulture, or related industries.
(c-1) The department may collect a royalty for the marketing
and promotional activities authorized by:
(1) this chapter;
(2) Chapter 46;
(3) Chapter 47; or
(4) Chapter 50B.
(d) Money received under this section shall be deposited in
the State Treasury and may be appropriated to the department for the
department's activities or programs relating to the marketing and
promotion of agriculture, horticulture, and other industries that
grow, process, or produce products in this state [to the credit of
the fund from which expenses for the publication were paid].
SECTION 4. Section 46.0095, Agriculture Code, is amended to
read as follows:
Sec. 46.0095. SALE OF PROMOTIONAL ITEMS OR PROGRAM
MERCHANDISE. (a) The department may sell or contract for the sale
of "Go Texan" promotional items and program merchandise, including
clothing, posters, and banners, in order [designed] to encourage
the marketing and promotion of [promote Texas] agricultural and
other products grown, processed, or produced in this state. The
department may use any available means, including direct marketing,
mail, the [its] Internet, and any other media format [website] to
advertise and sell those items.
(b) Money received from the sale of promotional items under
this section may be appropriated to the department for the
department's activities or programs relating to the marketing and
promotion of agricultural and other products grown, processed, or
produced in this state [shall be deposited to the credit of the "Go
Texan" partner program account in the general revenue fund].
SECTION 5. This Act takes effect September 1, 2011.