By: Hegar S.B. No. 1070
(In the Senate - Filed March 4, 2013; March 12, 2013, read
first time and referred to Committee on Agriculture, Rural Affairs,
and Homeland Security; April 22, 2013, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 4,
Nays 0; April 22, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1070 By: Estes
A BILL TO BE ENTITLED
AN ACT
relating to the membership of and the beef marketing, education,
research, and promotion programs of the Texas Beef Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (2), Section 41.151, Agriculture
Code, is amended to read as follows:
(2) "Council" means the Beef Promotion and Research
Council of Texas [Beef Council].
SECTION 2. Subsection (b), Section 41.152, Agriculture
Code, is amended to read as follows:
(b) The council shall be the certified organization to plan,
implement, and operate research, education, promotion, and
marketing programs under this subchapter. If the council
establishes a state beef check off program under Section 41.1571,
the council shall administer that program. [The council is the
state beef council qualified to collect the proceeds of and
administer in this state the beef check off program established by
federal law.]
SECTION 3. Section 41.156, Agriculture Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) A member of the council must be:
(1) nominated by the entity qualified to collect the
proceeds of and administer the beef check off program established
by federal law in this state or, in the entity's absence, the
certified organizations that composed the entity; and
(2) appointed by the commissioner. [The council is
composed of 20 members nominated by the council and appointed by the
commissioner as follows:
[(1) three representatives of the Texas and
Southwestern Cattle Raisers Association;
[(2) three representatives of the Texas Cattle Feeders
Association;
[(3) three representatives of the Texas Farm Bureau;
[(4) two representatives of the Independent
Cattlemen's Association of Texas;
[(5) two representatives of the Texas purebred cattle
industry;
[(6) two representatives of the Texas dairy industry;
[(7) one representative of the Livestock Marketing
Association of Texas;
[(8) one representative of meat packer and exporter
associations;
[(9) one representative of Texas CattleWomen; and
[(10) two at-large directors.]
(c) The commissioner[, on recommendation of the council,]
shall fill a vacancy on the council by appointment for the unexpired
term from nominations received in accordance with Subsection (a).
(d) A council member is not a state officer for purposes of
Section 572.021, Government Code, solely because of the member's
service on the council.
SECTION 4. Section 41.157, Agriculture Code, is amended to
read as follows:
Sec. 41.157. GENERAL POWERS OF COUNCIL. The council may
take action or exercise other authority as necessary to execute any
act authorized by this chapter or the Texas Nonprofit Corporation
Law as described by Section 1.008, Business Organizations Code
[Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes)]. The council may contract or enter into
agreements with the entity qualified to collect the proceeds of and
administer the beef check off program established by federal law in
this state.
SECTION 5. Subchapter H, Chapter 41, Agriculture Code, is
amended by adding Section 41.1571 to read as follows:
Sec. 41.1571. STATE BEEF CHECK OFF PROGRAM. The council may
establish and operate a state beef check off program that is
separate from the beef check off program established by federal
law.
SECTION 6. The change in law made by this Act regarding the
appointment of members of the Texas Beef Council does not affect the
entitlement of a member serving on the council immediately before
the effective date of this Act to continue to serve as a member of
the Beef Promotion and Research Council of Texas for the remainder
of the member's term. The change in law applies only to a member
appointed on or after the effective date of this Act.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
* * * * *