By: Capriglione H.B. No. 3506
A BILL TO BE ENTITLED
AN ACT
relating to the certification of businesses in this state as Made in
Texas; providing civil and administrative penalties; authorizing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 403, Government Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. MADE IN TEXAS PROGRAM
Sec. 403.501. DEFINITION. In this subchapter, "principal
place of business" means:
(1) the location of a business's principal office or
headquarters; or
(2) the place where the business's officers direct,
control, and coordinate the business's activities.
Sec. 403.502. MADE IN TEXAS PROGRAM. (a) The comptroller
shall establish and administer a Made in Texas certification
program for businesses that qualify under this subchapter.
(b) The comptroller by rule shall:
(1) establish criteria and an application procedure to
certify a business as Made in Texas; and
(2) establish criteria and an expedited procedure to
allow a business to maintain an existing certification.
(c) In administering the program, the comptroller shall:
(1) design and administer the use of a logo for
businesses certified under this subchapter, including merchandise
that features the logo;
(2) develop a promotional campaign to market the Made
in Texas program to businesses in this state; and
(3) establish an Internet website that contains a list
of all businesses certified as Made in Texas.
Sec. 403.503. ELIGIBILITY. (a) A business is eligible to
participate in the Made in Texas program if:
(1) it maintains its principal place of business in
this state; and
(2) each employee of the business is:
(A) a resident of this state; and
(B) a United States citizen.
(b) The comptroller shall develop criteria and procedures
for verifying a business's eligibility under this section.
Sec. 403.504. CERTIFICATION. (a) A certification issued
under this subchapter is valid for one year after the date the
comptroller grants the certification to a business.
(b) The comptroller shall require a business certified
under this subchapter to annually complete an expedited renewal
procedure to maintain an existing certification.
Sec. 403.505. BENEFITS. A business certified as Made in
Texas may:
(1) use the logo designed under Section 403.502; and
(2) advertise or promote itself as being certified as
Made in Texas.
Sec. 403.506. FEE. (a) To cover the cost of administering
the Made in Texas program, the comptroller may require a business to
pay a fee for certification under this subchapter.
(b) The comptroller shall require a lower fee to renew an
existing certification than to obtain an original certification.
Sec. 403.507. ENFORCEMENT OF SUBCHAPTER; PENALTIES. (a) A
person violates this subchapter if the person uses, reproduces, or
distributes the logo designed by the comptroller under Section
403.502 without the consent of the comptroller or fraudulently
obtains certification under this subchapter without being eligible
to participate in the program under Section 403.503.
(b) The comptroller may temporarily suspend or permanently
forfeit the right of a person who violates this subchapter to use
the logo of the Made in Texas program.
(c) The comptroller may impose an administrative penalty
not to exceed $500 against a person who violates this subchapter. A
proceeding to impose the administrative penalty is a contested case
under Chapter 2001.
(d) A person who violates this subchapter is subject to a
civil penalty not to exceed $500 for each violation.
(e) Each day that a violation continues may be considered a
separate violation for the purposes of this section.
(f) The amount of an administrative or civil penalty imposed
under this section must be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts by the person to correct the violation;
and
(5) any other matter that justice may require.
(g) The enforcement of an administrative penalty under this
section may be stayed during the time the order is under judicial
review if the person pays the penalty to the clerk of the court or
files a supersedeas bond with the court in the amount of the
penalty. A person who cannot afford to pay the penalty or file the
bond may stay the enforcement by filing an affidavit in the manner
required by the Texas Rules of Civil Procedure for a party who
cannot afford to file security for costs, subject to the right of
the comptroller to contest the affidavit as provided by those
rules.
(h) At the request of the comptroller, the attorney general
or the county attorney or district attorney of the county in which
the violation is alleged to have occurred may file suit to collect
the civil penalty authorized by this section.
(i) An administrative or civil penalty collected under this
section shall be deposited to the credit of the general revenue
fund.
SECTION 2. As soon as possible after the effective date of
this Act, the comptroller shall adopt rules necessary to implement
Subchapter R, Chapter 403, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2013.