Texas 2011 - 82nd Regular

Texas Senate Bill SB1086 Compare Versions

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1	1	By: Estes S.B. No. 1086
2	2	(Hardcastle)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation by the Department of Agriculture of
8	8	programs for rural economic development and the marketing and
9	9	promotion of agricultural and other products grown, processed, or
10	10	produced in this state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.027, Agriculture Code, is amended by
13	13	adding Subsections (d), (e), and (f) to read as follows:
14	14	(d) The department by rule may charge a membership fee to
15	15	each participant in the program.
16	16	(e) The department may adopt rules as necessary to
17	17	administer the program, including rules regarding the use of any
18	18	state or federally registered trademarks, certification marks, or
19	19	service marks of the department.
20	20	(f) The department may revoke a participant's certificate
21	21	of registration or license issued under the program if the
22	22	participant fails to comply with a rule adopted by the department.
23	23	SECTION 2. The heading to Section 12.031, Agriculture Code,
24	24	is amended to read as follows:
25	25	Sec. 12.031. ADVERTISING, PUBLICATIONS, AND [PUBLICATION]
26	26	FEES.
27	27	SECTION 3. Section 12.031, Agriculture Code, is amended by
28	28	adding Subsections (a-1) and (c-1) and amending Subsections (b),
29	29	(c), and (d) to read as follows:
30	30	(a-1) In order to market and promote agricultural and other
31	31	products grown, processed, or produced in this state, the
32	32	department may create, distribute, and provide informational
33	33	materials to the public in any type of media format.
34	34	(b) In order to recover the costs of administering
35	35	activities under Sections 12.002, 12.0175, 46.0095, 47.052, and
36	36	50B.001, the [The] department may sell advertising and assess and
37	37	collect fees, revenues, and [receive] royalties on
38	38	department-owned content, information, or materials described by
39	39	Subsections (a) and (a-1), including the department's state or
40	40	federally registered certification marks, service marks, and
41	41	trademarks [that are sold or supplied to others by the department
42	42	for publication].
43	43	(c) The department may enter into [contractual] agreements
44	44	with private entities and local, state, federal, or foreign
45	45	governmental entities for publication of information concerning
46	46	agriculture, horticulture, or related industries.
47	47	(c-1) The department may collect an event fee or a royalty
48	48	for the marketing and promotional activities authorized by:
49	49	(1) this chapter;
50	50	(2) Chapter 46;
51	51	(3) Chapter 47; or
52	52	(4) Chapter 50B.
53	53	(d) Money received under this section shall be deposited in
54	54	the State Treasury and may be appropriated only to the department
55	55	for the department's activities or programs relating to the
56	56	marketing and promotion of agriculture, horticulture, and other
57	57	industries that grow, process, or produce products in this state
58	58	[to the credit of the fund from which expenses for the publication
59	59	were paid].
60	60	SECTION 4. Section 46.0095, Agriculture Code, is amended to
61	61	read as follows:
62	62	Sec. 46.0095. SALE OF PROMOTIONAL ITEMS OR PROGRAM
63	63	MERCHANDISE. (a) The department may sell or contract for the sale
64	64	of "Go Texan" promotional items and program merchandise, including
65	65	clothing, posters, and banners, in order [designed] to encourage
66	66	the marketing and promotion of [promote Texas] agricultural and
67	67	other products grown, processed, or produced in this state. The
68	68	department may use any available means, including direct marketing,
69	69	mail, the [its] Internet, and any other media format [website] to
70	70	advertise and sell those items.
71	71	(b) Money received from the sale of promotional items and
72	72	program merchandise under this section may be appropriated only to
73	73	the department for the department's activities or programs relating
74	74	to the marketing and promotion of agricultural and other products
75	75	grown, processed, or produced in this state [shall be deposited to
76	76	the credit of the "Go Texan" partner program account in the general
77	77	revenue fund].
78	78	SECTION 5. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2011.