88R21063 SRA-D
By: Ordaz, Button, King of Hemphill, Burrows, H.B. No. 2194
Longoria, et al.
Substitute the following for H.B. No. 2194:
By: Isaac C.S.H.B. No. 2194
A BILL TO BE ENTITLED
AN ACT
relating to establishing a "Made in Texas" labeling program;
authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 490D to read as follows:
CHAPTER 490D. "MADE IN TEXAS" LABELING PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 490D.001. DEFINITIONS. In this chapter:
(1) "Office" means the Texas Economic Development and
Tourism Office.
(2) "Program" means the "Made in Texas" labeling
program established under this chapter.
SUBCHAPTER B. "MADE IN TEXAS" LABELING PROGRAM
Sec. 490D.051. ESTABLISHMENT OF "MADE IN TEXAS" LABELING
PROGRAM. (a) The office shall establish and administer a "Made in
Texas" labeling program.
(b) In establishing the program, the office by rule shall:
(1) establish criteria for determining whether a
person may sell, advertise, or offer for sale in this state a
product that uses "Made in Texas" or equivalent phrasing to
represent that the product was made in whole or in substantial part
in this state; and
(2) design and administer the use of a logo for
products to be labeled as "Made in Texas" and adopt an application
process for authorizing use of the logo.
(c) The criteria established under Subsection (b)(1) must
include a requirement that all or virtually all significant parts
and processing of a product originated in this state.
Sec. 490D.052. EXEMPT PRODUCTS. This chapter does not
apply to or authorize the office to adopt rules governing the
labeling of wine.
SUBCHAPTER C. ENFORCEMENT
Sec. 490D.101. VIOLATION. A person violates this chapter
if the person:
(1) uses, reproduces, or distributes the logo designed
by the office under Section 490D.051(b)(2) without the consent of
the office; or
(2) violates a rule adopted by the office under
Section 490D.051(b).
Sec. 490D.102. OPPORTUNITY TO CURE. If the attorney
general has reason to believe a person has violated Section
490D.101, the attorney general shall provide written notice to the
person that:
(1) describes the person's violation;
(2) states that the person may be liable for a civil
penalty if the person does not cure the violation before the 30th
day after the date the person receives the notice; and
(3) includes the maximum potential civil penalty that
may be imposed for the violation.
Sec. 490D.103. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
person who violates Section 490D.101 following a cure period
described by Section 490D.102 is liable to this state for a civil
penalty not to exceed $1,000 for each violation.
(b) The attorney general may bring an action in the name of
the state to:
(1) recover a civil penalty under this section; or
(2) restrain or enjoin the person from violating
Section 490D.101.
(c) The action may be brought in a district court in:
(1) Travis County; or
(2) a county in which any part of the violation or
threatened violation occurs.
(d) A civil penalty collected under this section shall be
deposited in the state treasury to the credit of the general revenue
fund.
Sec. 490D.104. AMOUNT OF CIVIL PENALTY. (a) Each day that
a violation continues may be considered a separate violation for
purposes of a civil penalty under this subchapter.
(b) The amount of a civil penalty 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.
SECTION 2. This Act takes effect September 1, 2023.