Texas 2013 - 83rd Regular

Texas Senate Bill SB1070 Compare Versions

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1	1	By: Hegar S.B. No. 1070
2	2	(In the Senate - Filed March 4, 2013; March 12, 2013, read
3	3	first time and referred to Committee on Agriculture, Rural Affairs,
4	4	and Homeland Security; April 22, 2013, reported adversely, with
5	5	favorable Committee Substitute by the following vote: Yeas 4,
6	6	Nays 0; April 22, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1070 By: Estes
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the membership of and the beef marketing, education,
13	13	research, and promotion programs of the Texas Beef Council.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subdivision (2), Section 41.151, Agriculture
16	16	Code, is amended to read as follows:
17	17	(2) "Council" means the Beef Promotion and Research
18	18	Council of Texas [Beef Council].
19	19	SECTION 2. Subsection (b), Section 41.152, Agriculture
20	20	Code, is amended to read as follows:
21	21	(b) The council shall be the certified organization to plan,
22	22	implement, and operate research, education, promotion, and
23	23	marketing programs under this subchapter. If the council
24	24	establishes a state beef check off program under Section 41.1571,
25	25	the council shall administer that program. [The council is the
26	26	state beef council qualified to collect the proceeds of and
27	27	administer in this state the beef check off program established by
28	28	federal law.]
29	29	SECTION 3. Section 41.156, Agriculture Code, is amended by
30	30	amending Subsections (a) and (c) and adding Subsection (d) to read
31	31	as follows:
32	32	(a) A member of the council must be:
33	33	(1) nominated by the entity qualified to collect the
34	34	proceeds of and administer the beef check off program established
35	35	by federal law in this state or, in the entity's absence, the
36	36	certified organizations that composed the entity; and
37	37	(2) appointed by the commissioner. [The council is
38	38	composed of 20 members nominated by the council and appointed by the
39	39	commissioner as follows:
40	40	[(1) three representatives of the Texas and
41	41	Southwestern Cattle Raisers Association;
42	42	[(2) three representatives of the Texas Cattle Feeders
43	43	Association;
44	44	[(3) three representatives of the Texas Farm Bureau;
45	45	[(4) two representatives of the Independent
46	46	Cattlemen's Association of Texas;
47	47	[(5) two representatives of the Texas purebred cattle
48	48	industry;
49	49	[(6) two representatives of the Texas dairy industry;
50	50	[(7) one representative of the Livestock Marketing
51	51	Association of Texas;
52	52	[(8) one representative of meat packer and exporter
53	53	associations;
54	54	[(9) one representative of Texas CattleWomen; and
55	55	[(10) two at-large directors.]
56	56	(c) The commissioner[, on recommendation of the council,]
57	57	shall fill a vacancy on the council by appointment for the unexpired
58	58	term from nominations received in accordance with Subsection (a).
59	59	(d) A council member is not a state officer for purposes of
60	60	Section 572.021, Government Code, solely because of the member's
61	61	service on the council.
62	62	SECTION 4. Section 41.157, Agriculture Code, is amended to
63	63	read as follows:
64	64	Sec. 41.157. GENERAL POWERS OF COUNCIL. The council may
65	65	take action or exercise other authority as necessary to execute any
66	66	act authorized by this chapter or the Texas Nonprofit Corporation
67	67	Law as described by Section 1.008, Business Organizations Code
68	68	[Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
69	69	Texas Civil Statutes)]. The council may contract or enter into
70	70	agreements with the entity qualified to collect the proceeds of and
71	71	administer the beef check off program established by federal law in
72	72	this state.
73	73	SECTION 5. Subchapter H, Chapter 41, Agriculture Code, is
74	74	amended by adding Section 41.1571 to read as follows:
75	75	Sec. 41.1571. STATE BEEF CHECK OFF PROGRAM. The council may
76	76	establish and operate a state beef check off program that is
77	77	separate from the beef check off program established by federal
78	78	law.
79	79	SECTION 6. The change in law made by this Act regarding the
80	80	appointment of members of the Texas Beef Council does not affect the
81	81	entitlement of a member serving on the council immediately before
82	82	the effective date of this Act to continue to serve as a member of
83	83	the Beef Promotion and Research Council of Texas for the remainder
84	84	of the member's term. The change in law applies only to a member
85	85	appointed on or after the effective date of this Act.
86	86	SECTION 7. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2013.
91	91	* * * * *